Frequently Asked Questions

  1. Why did I receive a Settlement Check?

    Settlement Checks were issued on August 29, 2019, pursuant to the terms of the class action Settlement in Jenna Lloyd, et al. v. Navy Federal Credit Union, S.D. Cal. Case No. 3:17-cv-01280. You were automatically entitled to an award Pursuant to the terms of the Settlement Agreement. The amount printed on the check is the full amount to which you are entitled based upon the terms of the Settlement.

    Please negotiate the check promptly. The check is only valid for 90 days from the issue date.

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  2. How was my Settlement award calculated?

    The amount of the Settlement Class Member Payment from the Settlement Fund to which each Settlement Class Member is entitled for the Class Period (subject to the availability of data) was determined using the following methodology or such other methodology as would have an equivalent result:

    1. All accounts held by Settlement Class Members were identified which, on one or more calendar days during the Class Period, Navy Federal assessed Overdraft Fees on Debit Card transactions that were authorized into a positive available balance (“Relevant Overdraft Fees”).
    2. Relevant Overdraft Fees were totaled for each Account.
    3. The Net Settlement Fund was allocated pro rata to the Settlement.
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  3. Why didn’t I receive a Settlement Check?

    Settlement Checks were issued on August 29, 2019 to eligible Settlement Class Members. If you did not receive a Settlement Check, then you were (a) not eligible for a payment under the terms of the Settlement Agreement, or (b) a Settlement Check was mailed, but returned undeliverable. You may request a check reissue as described in FAQ 7.

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  4. Can I dispute the amount of my Settlement Payment and/or receive more money?

    You cannot dispute the amount of your Settlement Payment and the deadline to object to the Settlement was April 20, 2019.

    The amount of your Settlement Payment is final and represents the amount to which you were entitled under the terms of the Settlement Agreement. The Court approved the Settlement, including the methodology used to compute the amount of Settlement Payments, at the Final Approval Hearing on May 20, 2019.

    Please negotiate the check promptly. The check is only valid for 90 days from the issue date.

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  5. I lost or damaged my Settlement Check. How can I receive a replacement check?

    To request a replacement check, please include a signed written request asking that a replacement check be reissued and mailed to you. Please mail your replacement check request the Settlement Administrator at:

    Navy Federal Overdraft Settlement
    P.O. Box 3230
    Portland, OR 97208-3230

    If you are unable to return the initial Settlement Check, for the protection of the Settlement Fund, a replacement check can only be issued to you after the initial Settlement Check passes its stale date. Your replacement check could be issued sooner if the initial check returns to the Settlement Administrator as undeliverable, or if you are able to locate and return the check to the Settlement Administrator.

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  6. How can I have my Settlement Check reissued under a new name (e.g., last name change)?

    First, please go to the financial institution where you are a current account holder, as they may negotiate the Settlement Check if the documentation regarding the status of your name change is presented.

    If the financial institution will not accept the check, please return the original check to the Settlement Administrator at:

    Navy Federal Overdraft Settlement
    P.O. Box 3230
    Portland, OR 97208-3230

    Include a signed written request asking that a replacement check be issued and mailed to you. Please include instructions for the name that should be included on the replacement check and include a copy of a form of identification that contains the new name.

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  7. Can you update my address and re-mail my Settlement Check?

    To request a replacement check mailed to an updated address, please include a signed written request asking that a replacement check be reissued and mailed to you. Include in the request your current and former mailing addresses. Please mail your replacement check request to the Settlement Administrator at:

    Navy Federal Overdraft Settlement
    P.O. Box 3230
    Portland, OR 97208-3230

    If you are unable to return the initial Settlement Check, for the protection of the Settlement Fund, a replacement check can only be issued to you after the initial Settlement Check passes its stale date. Your replacement check could be issued sooner if the initial check returns to the Settlement Administrator as undeliverable, or if you are able to locate and return the check to the Settlement Administrator.

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  8. What do I do if the person on the Settlement Check is now deceased?

    First, please go to the financial institution where you are a current account holder, as they may negotiate the Settlement Check if documentation regarding the status of the claimant and your status as the beneficiary/executor is presented.

    If your financial institution will not accept the check, please provide a Death Certificate of the person on the Settlement Check, as well documentation of your legal authority to file on behalf of the Claimant(s), for example, Orders of Estate or Letters of Administration.

    Send all documents, along with the original check, to the Settlement Administrator at:

    Navy Federal Overdraft Settlement
    P.O. Box 3230
    Portland, OR 97208-3230

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  9. The check is made out to a company that is no longer in business or that I represent/own. How can I have the check reissued in my name?

    If you are the legal representative of a business which is part of the Settlement Class and received a check payment, first, please go to your financial institution where you are a current account holder, as they may cash the check if the documentation regarding the status of your business is presented.

    If your bank will not cash or deposit your check, please return the original check to the Settlement Administrator at: Navy Federal Overdraft Settlement, P.O. Box 3230, Portland, OR 97208-3230, accompanied by a letter with instructions for the name that should be included on the replacement check, as well as documentation that you may have proving you are authorized to act on behalf of the business. Documentation may include Articles of Incorporation, Articles of Organization, Articles of Dissolution, or any other similar legal documentation that explicitly states the individual is an acting party for the business.

    We will review the letter and documentation and will contact you if more information is required.

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  10. Why is there a notice?

    A Court authorized a Notice because you have a right to know about the proposed Settlement of this class action lawsuit and about all of your options. The Postcard Notice, in addition to the Long Form Notice, explain the lawsuit, the Settlement and your legal rights.

    Judge Cynthia Bashant, of the U.S. District Court for the Southern District of California, is overseeing this case. The case is known as Jenna Lloyd, et al. v. Navy Federal Credit Union, Case No. 17-cv-1280. The people who sued are called the “Plaintiffs.” The Defendant is Navy Federal Credit Union.

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  11. What is this lawsuit about?

    The lawsuit claims that Navy Federal breached its contract with member checking Account Holders and improperly assessed and collected Overdraft Fees on certain transactions.

    The Second Amended Complaint in this Action, available here, contains all of the allegations and claims asserted against Navy Federal. Navy Federal maintains it did nothing wrong, but has agreed to settle the lawsuit to avoid the cost, delay, and uncertainty of litigation. The Court has not decided which side is right.

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  12. What is an overdraft fee?

    An overdraft fee may be assessed to any person who has or had any interest, whether legal or equitable, in any member checking account maintained by Navy Federal in the United States during the Class Period, for items paid when the account has insufficient funds.

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  13. Why is this a class action?

    In a class action, one or more people, called "Class Representatives" (in this case, two Navy Federal members who were assessed certain Overdraft Fees on Debit Card transactions), sue on behalf of people who have similar claims.

    All of the people who have claims similar to the Class Representatives are members of the Settlement Class, except for those who exclude themselves from the class.

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  14. Why is there a settlement?

    The Court has not decided in favor of either the Plaintiffs or Navy Federal. Instead, both sides agreed to the Settlement. By agreeing to the Settlement, the Parties avoid the costs and uncertainty of a trial, and Settlement Class Members receive the benefits described in FAQ 16. The Class Representatives and their attorneys think the Settlement is best for everyone who is affected.

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  15. Who is included in the Settlement?

    If you received notice of the Settlement from a postcard or email addressed to you, then you are in the Settlement Class. However, even if you did not receive a postcard or email with Settlement notice, you may still be in the Settlement Class, as described below.

    You are a member of the Settlement Class if you had a Navy Federal checking Account and were charged Overdraft Fees under Navy Federal’s Optional Overdraft Protection Service (OOPS) on transactions that were authorized into a positive available balance between July 22, 2012, through November 20, 2017, excluding members who enrolled in OOPS for the first time after February 13, 2017.

    If this did not happen to you, you are not a member of the Settlement Class. You may contact the Settlement Administrator if you have any questions as to whether you are in the Settlement Class.

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  16. What does the Settlement provide?

    Navy Federal has agreed to establish a cash Settlement fund of $24.5 million from which Settlement Class Members received payments or Account credits based on the number of Settlement Class Members and the amount of Relevant Overdraft Fees each Settlement Class Member was charged as a result of Navy Federal’s assessment of Overdraft Fees on transactions that were authorized and approved into a positive available balance. In addition to the Settlement Fund, Navy Federal has agreed to separately pay Settlement Administration Costs up to a maximum of $500,000. The Settlement Fund will also be used to pay Service Awards for the Plaintiffs, attorneys’ fees awarded to Class Counsel, reimbursement of Class Counsel’s litigation expenses and costs, and any payment to Navy Federal for Settlement Administration Costs incurred as permitted under the Settlement.

    Any Residual Funds that are not feasible and practical to distribute to individual Settlement Class Members will be provided to one or more charitable organization (“cy pres” recipients) proposed by the Parties and to be approved by the Court that work to promote financial literacy, including for members of the military or veterans.

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  17. How do I receive a payment or Account credit?

    If you are in the Settlement Class and entitled to receive a payment, you did not need to do anything to receive a payment or Account credit. You will automatically receive a payment or Account credit.

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  18. What am I giving up to stay in the Settlement Class?

    If you stayed in the Settlement Class, all of the decisions by the Court will bind you, and you give Navy Federal a “release.” A “release” means you cannot sue, continue to sue, or be part of any other lawsuit against Navy Federal about the legal issues in this case. Section XIII of the Settlement Agreement contains the release and describes the precise legal claims that you give up if you remained in the settlement. The Settlement Agreement is available here.

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  19. How do I get out of the Settlement?

    If you do not want benefits from the Settlement, and you want to keep the right to sue or continue to sue Navy Federal on your own about the legal issues in this case, then you must have taken steps to get out of the Settlement. This is called excluding yourself – or it is sometimes referred to as “opting-out” of the Settlement Class.

    The deadline to exclude yourself passed on April 20, 2019.

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  20. If I do not exclude myself, can I sue Navy Federal for the same thing later?

    No. Unless you excluded yourself, you gave up the right to sue Navy Federal for the claims that the Settlement resolves. You must have excluded yourself in order to try to pursue your own lawsuit.

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  21. If I exclude myself from the Settlement, can I still receive a payment?

    No. You will not receive a payment or Account credit if you excluded yourself from the Settlement.

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  22. Do I have a lawyer in this case?

    The Court has appointed the following lawyers, known as "Class Counsel," to represent you and others:

    Jeff Ostrow
    Jonathan Streisfeld
    KOPELOWITZ OSTROW PA
    1 West Las Olas Blvd.
    Ste. 500
    Fort Lauderdale, FL 33301
    Hassan Zavareei
    Andrea Gold
    TYCKO & ZAVAREEI, LLP
    1828 L Street NW
    Ste. 1000
    Washington, DC 20036
    Taras Kick
    THE KICK LAW FIRM, APC
    815 Moraga Drive
    Los Angeles, CA 90049
    Richard D. McCune
    McCUNE WRIGHT AREVALO LLP
    3281 East Guasti Road
    Ste. 100
    Ontario, CA 91761

    Class Counsel will represent you and others in the Settlement Class. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.

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  23. How will the lawyers be paid?

    Class Counsel requested up to 35% of the Settlement Fund for attorneys’ fees, plus reimbursement of their litigation expenses and costs incurred in connection with prosecuting this case. The fees and expenses awarded by the Court were paid out of the Settlement Fund. The Court determined the amount of fees and expenses to award. Class Counsel made their request for attorneys' fees and expenses on April 5, 2019.

    Class Counsel also requested Service Awards of $5,000.00 be paid to the Class Representatives from the Settlement Fund for their service to the entire Settlement Class. The Class Representatives made their request for Service Awards on April 5, 2019.

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  24. How do I tell the Court that I don’t like the Settlement?

    If you are a Settlement Class Member and did not request to be excluded from the Settlement Class, you could have objected to any part of the Settlement, the Settlement as a whole, Class Counsel’s requests for fees and expenses and/or Class Counsel’s request for Service Awards for the Plaintiffs. To object, you must have submitted your objection by private courier (e.g., Federal Express) or first class mail, to the Clerk of the Court, Class Counsel, and Navy Federal’s counsel.

    The deadline to object passed on April 20, 2019.

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  25. What is the difference between objecting and asking to be excluded?

    Objecting is telling the Court that you do not like something about the Settlement. You can object to the Settlement only if you did not exclude yourself from the Settlement. Excluding yourself from the Settlement is telling the Court that you don’t want to be part of the Settlement. If you excluded yourself from the Settlement, you have no basis to object to the Settlement because it no longer affects you.

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  26. When and where will the Court decide whether to approve the Settlement?

    The Court held a Final Approval Hearing at 11:00 a.m. on May 20, 2019, at the United States District Court for the Southern District of California, located at 221 West Broadway, Courtroom 4B (4th Floor), San Diego, California 92101.

    At this hearing, the Court considered whether the Settlement is fair, reasonable, and adequate. The Court also considered any request by Class Counsel for attorneys’ fees and expenses and for Service Awards for Plaintiffs. There were no objections to the Settlement. After the hearing, the Court decided to approve the Settlement.

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  27. What happens if I do nothing at all?

    If you did nothing, you still received the benefits to which you are entitled. Unless you excluded yourself, you will not be able to start a lawsuit, continue with a lawsuit or be part of any other lawsuit against Navy Federal relating to the issues in this case.

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  28. How do I get more information?

    This website summarizes the Settlement. For a complete, definitive statement of the Settlement terms, please review the Settlement Agreement. You may also write with questions to Navy Federal Overdraft Settlement, P.O. Box 3230, Portland, OR 97208-3230, or call the toll-free information line, 1-877-393-1060.

    Do not contact Navy Federal or the Court for information.

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