Frequently Asked Questions
  1. WHAT IS THIS LAWSUIT ABOUT?
  2. WHY IS THERE A SETTLEMENT?
  3. WHO IS IN THE CLASS?
  4. WHAT DO SOME OF THESE TERMS MEAN UNDER THE TERMS OF THE SETTLEMENT?
  5. WHAT ARE THE SETTLEMENT BENEFITS?
  6. HOW WILL THE AMOUNT OF THE PAYMENTS BE DETERMINED?
  7. HOW CAN I GET A PAYMENT?
  8. WHEN WILL I GET MY PAYMENT?
  9. WHAT AM I GIVING UP TO GET A PAYMENT?
  10. HOW DO I EXCLUDE MYSELF FROM THE SETTLEMENT?
  1. IF I EXCLUDE MYSELF, CAN I GET ANYTHING FROM THE SETTLEMENT?
  2. DO I HAVE A LAWYER IN THIS CASE?
  3. HOW WILL THE LAWYERS BE PAID?
  4. HOW DO I TELL THE COURT IF I DON’T LIKE THE SETTLEMENT?
  5. WHAT’S THE DIFFERENCE BETWEEN OBJECTING AND ASKING TO BE EXCLUDED?
  6. THE COURT’S FAIRNESS HEARING
  7. DO I HAVE TO COME TO THE HEARING?
  8. WHAT HAPPENS IF I DO NOTHING?
  9. ARE THERE MORE DETAILS ABOUT THE SETTLEMENT?
  1. WHAT IS THIS LAWSUIT ABOUT?

    The lawsuit alleges that BOKF, N.A. improperly assessed overdraft fees for insufficient funds on debit card, check card purchases and/or ATM withdrawals by sequencing transactions in a high to low posting order, resulting in increased overdraft fees in some instances. BOKF, N.A. denies all of Plaintiffs’ claims and says that it did nothing wrong.

    In a class action, one or more people called Class Representatives (in this case Susan Eaton, Terry Case, and Bryan Ramer) sue on behalf of people who have similar claims. All of these people are a “Settlement Class” or “Settlement Class Members.” One court resolves the issues for all class members, except for those who timely exclude themselves from the class.

    If the Court approves the settlement and after objections and appeals are favorably resolved, benefits will be conferred to eligible class members pursuant to the terms of the settlement.

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  2. WHY IS THERE A SETTLEMENT?

    The Court did not decide in favor of Plaintiffs or Defendant. Instead, both sides agreed to settle this case to avoid the cost and risk of a trial. The proposed settlement does not mean that any law was broken or that the Defendant did anything wrong. Defendant denies all legal claims in this case. Plaintiffs and their lawyers think the proposed settlement is best for all Settlement Class Members.

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  3. WHO IS IN THE CLASS?

    You are a Class Member if you are or were a BOKF, N.A. customer in the United States who had one or more consumer accounts and who, from January 1, 2005 through August 31, 2011, incurred an Overdraft Fee as a result of the bank’s High-to-Low Debit Card Transaction Sequencing.

    If you received a notice in the mail, BOKF, N.A.’s records indicate that you are a Settlement Class Member.

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  4. WHAT DO SOME OF THESE TERMS MEAN UNDER THE TERMS OF THE SETTLEMENT?

    “Account” means any consumer checking, demand deposit or savings account maintained by BOKF, N.A. in the United States that may be accessed by a Debit Card.

    “Overdraft Fee” means the fee assessed to a holder of an Account for each item paid when the Account has insufficient funds to cover the item. Fees charged to transfer balances from other accounts are excluded.

    “Debit Card” means a card, sticker, tag or other device issued or provided by BOKF, N.A., including a debit card, check card, or automated teller machine (“ATM”) card, that can be used to debit funds from an Account by Point of Sale and ATM transactions.

    “Debit Card Transaction” means any debit transaction effectuated with a Debit Card, including Point of Sale transactions (whether pinned or pinless) and ATM transactions.

    “High-to-Low Debit Card Transaction Sequencing” means BOKF, N.A.’s practice of sequencing an Account’s Debit Card Transactions, along with other debit transactions, from highest to lowest dollar amount, which results in some instances in the assessment of Overdraft Fees that would not have been assessed if BOKF, N.A. had used a posting method that sequenced transactions in the chronological order in which the transactions were initiated by Settlement Class Members, or an order that simulated the chronological order in which the transactions were initiated by Settlement Class Members.

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  5. WHAT ARE THE SETTLEMENT BENEFITS?

    BOKF, N.A. will pay $19 million to a Settlement Fund to make payments or give account credits to eligible Settlement Class Members as well as to pay Class Counsel’s attorneys’ fees, costs, expenses, and Service Awards.

    Automatic payments will be made to identifiable and eligible Settlement Class Members.

    Details on all of the settlement benefits are in the Settlement Agreement, which is available on the Documents Page of this website.

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  6. HOW WILL THE AMOUNT OF THE PAYMENTS BE DETERMINED?

    Payments will be calculated using a formula outlined in Section XI of the Settlement Agreement, which is available on the Documents Page or on request from the Settlement Administrator at (877) 752-5534. The formula allocates a proportional share of the Net Settlement Fund to Settlement Class Members, based on the number of Overdraft Fees each incurred due to High-to-Low Debit Card Transaction Sequencing.

    Settlement Class Members who are current account holders of BOKF, N.A. will receive their individual payment by a credit to their account.

    Settlement Class Members who are past account holders of BOKF, N.A., will receive their individual payment by mailed check.

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  7. HOW CAN I GET A PAYMENT?

    If you received a notice in the mail telling you that you are Settlement Class Member, you will receive an automatic payment once the settlement is approved by the Court, provided you are eligible for a payment and you have not requested exclusion from the settlement.

    If you did not receive a notice in the mail and believe you are a Settlement Class Member, please contact the Settlement Administrator by calling (877) 752-5534.

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  8. WHEN WILL I GET MY PAYMENT?

    Settlement Class Members who are current account holders of BOKF, N.A. received their individual payment by a credit to their account on November 6, 2012.

    Settlement Class Members who are past account holders of BOKF, N.A., received their individual payment by mailed check on November 6, 2012.

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  9. WHAT AM I GIVING UP TO GET A PAYMENT?

    If the settlement becomes final, Settlement Class Members who do not timely request exclusion from the settlement will be releasing BOKF, N.A. from all of the claims described and identified in section XIV of the Settlement Agreement. This means you will no longer be able to sue BOKF, N.A. regarding any of the claims described in the Settlement Agreement.

    The Settlement Agreement is available at the Documents Page. The Settlement Agreement provides more detail regarding the release and describes the released claims with specific descriptions in necessary, accurate legal terminology, so read it carefully. You can talk to the law firms representing the Settlement Class listed in the section “The Lawyers Representing You” for free or you can, at your own expense, talk to your own lawyer if you have any questions about the released claims or what they mean.

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  10. HOW DO I EXCLUDE MYSELF FROM THE SETTLEMENT?

    PLEASE NOTE: THE DEADLINE TO REQUEST EXCLUSION HAS PASSED.

    If you do not want to participate in this proposed settlement and you want to keep the right to sue BOKF, N.A. about the legal issues in this case, then you must take steps to get out of the settlement. This is called asking to be excluded from, or sometimes called “opting out” of, the Settlement Class.

    To exclude yourself from the proposed settlement, you must send a letter or other written document by mail saying that you want to be excluded from the settlement of Terry Case v. Bank of Oklahoma, N.A., W.D. OK Case No. 5:10-00901-L, S.D. FL Case No. 1:11-cv-20815-JLK; Susan Eaton v. Bank of Oklahoma, N.A., et al., Case No. CJ-2010-5209; and Bryan Ramer v. Bank of Oklahoma, N.A., Case No. CJ-2010-05841. In addition, you must list the account number(s) of your BOKF, N.A. account(s) linked to a BOKF, N.A. Debit Card. In addition, your exclusion request must include, for each account listed:

    1. The full names and current addresses of everyone whose name is on the account.
    2. A statement that everyone whose name is on the account satisfies the criteria set forth above to be a Settlement Class Member (see “Who is in the Class,” above).
    3. A statement of intention to exclude everyone whose name is on the account from the Settlement Class.
    4. The signature of everyone whose name is on the account.

    Be sure to include your full name, address, signature, and date. You must mail your request for exclusion postmarked by July 30, 2012 to:

    BOKF, N.A. Overdraft Exclusions
    PO Box 4087
    Portland, OR 97208-4087

    This is a firm deadline for requesting exclusion from the proposed settlement. You cannot ask to be excluded on the phone, by email, or at this website.

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  11. IF I EXCLUDE MYSELF, CAN I GET ANYTHING FROM THE SETTLEMENT?

    No. If you exclude yourself, you may not apply for any benefits under the settlement and you cannot object to the proposed settlement. If you ask to be excluded, however, you may sue or be part of a different lawsuit against the Defendant in the future. You will not be bound by anything that happens in this lawsuit.

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  13. DO I HAVE A LAWYER IN THIS CASE?

    The Court appointed the following as “Class Counsel” to represent you and other Settlement Class Members:


    Class Counsel
    Tycko & Zavareei LLP
    2000 L. Street, NW, Suite 808
    Washington, DC 20036
    Stueve Siegel Hanson LLP
    460 Nichols Road, Suite 200
    Kansas City, MO 64112
    Gray Ritter & Graham, P.C.
    701 Market Street, Suite 800
    St. Louis, MO 63101
    Sneed Lang Herrold P.C.
    1700 Williams Center Tower I
    One West Third Street
    Tulsa, OK 74103
    Sill & Medley, PLLC
    14005 N. Eastern Avenue
    Edmond, OK 73013
    Jeff Martin & Associates, P.C.
    4815 S Harvard Ave., Suite 380
    Tulsa, OK 74135
    Finkelstein Thompson LLP
    1077 30th Street NW, #150
    Washington, DC 20007
    Podhurst Orseck
    25 W Flagler St Ste 800
    Miami, FL 33130
    Chitwood Harley Harnes LLP
    1350 Broadway, Suite 908
    New York, NY 10018
    Bruce S. Rogow, P.A.
    500 E Broward Blvd.
    Fort Lauderdale, FL 33394
    Grossman Roth, P.A
    2525 Ponce de Leon Blvd.,
    11th Floor
    Coral Gables, FL 33134
    Lieff Cabraser Heimann & Bernstein LLP
    275 Battery Street, 29th Floor
    San Francisco, CA 94111
    Webb, Klase & Lemond, LLC
    1900 The Exchange, S.E.,
    Suite 480
    Atlanta, GA 30339
    Trief & Olk
    150 E 58th Street, Floor 34
    New York, NY 10155
    Baron & Budd, P.C.
    3102 Oak Lawn Ave., Suite 1100
    Dallas, TX 75219
    Golomb & Honik, P.C.
    1515 Market Street, Suite 1100
    Philadelphia, PA 19102
    Kopelowitz Ostrow P.A.
    200 SW First Avenue, 12th Floor
    Fort Lauderdale, FL 33301

    You will not be charged for these lawyers. If you want to be represented by your own lawyer in this case, you may hire one at your own expense.

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  14. HOW WILL THE LAWYERS BE PAID?

    Class Counsel will ask the Court for attorney’s fees of up to 30% of the Settlement Fund ($5.7 million), along with payment of Class Counsel’s reasonable costs and expenses. Class Counsel will also request Service Awards of $5,000 to each of the Class Representatives for their services on behalf of the Settlement Class. The Court may award less than these amounts. Payments approved by the Court will be made from the Settlement Fund.

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  15. HOW DO I TELL THE COURT IF I DON’T LIKE THE SETTLEMENT?

    You can object to the settlement if you do not like some part of it. You must give reasons why you think the Court should not approve the settlement. To object, send a letter (as instructed below) saying that you object to the proposed settlement. You must include:

    1. the name of the Actions: Terry Case v. Bank of Oklahoma, N.A., W.D. OK Case No. 5:10-00901-L, S.D. FL Case No. 1:11-cv-20815-JLK; Susan Eaton v. Bank of Oklahoma, N.A., et al., Case No. CJ-2010-5209; and Bryan Ramer v. Bank of Oklahoma, N.A., Case No. CJ-2010-05841;
    2. your full name, address and telephone number;
    3. an explanation of the basis upon which you claim to be a Settlement Class Member;
    4. all grounds for your objection, accompanied by any legal support for the objection known to you or your counsel;
    5. the number of times in which you have objected to a class action settlement within the five years preceding the date that you file the objection, the caption (name) of each case in which you have made such objection, and a copy of any orders related to or ruling upon your prior such objections that were issued by the trial and appellate courts in each listed case;
    6. the identity of all counsel who represent you, including any former or current counsel who may be entitled to compensation for any reason related to the objection to the settlement or fee application;
    7. the number of times in which your counsel and/or counsel’s law firm have objected to a class action settlement within the five years preceding the date that you file the objection, the caption of each case in which the counsel or the firm has made such objection, and a copy of any orders related to or ruling upon counsel’s or the firm’s prior such objections that were issued by the trial and appellate courts in each listed case;
    8. any and all agreements that relate to the objection or the process of objecting – whether written or verbal – between you or your counsel and any other person or entity;
    9. the identity of all counsel representing you who will appear at the Final Approval Hearing;
    10. a list of all persons who will be called to testify at the Final Approval Hearing in support of the objection;
    11. a statement confirming whether you intend to personally appear and/or testify at the Final Approval Hearing; and
    12. your signature (an attorney’s signature is not sufficient).

    Mail the objection to each of the following addresses so that it is received no later than July 30, 2012. This is a firm deadline. Objections received after this date will not be recognized.


    COURT CLASS COUNSEL DEFENDANT'S COUNSEL
    Clerk of Court
    U.S. District Court for the
    Southern District of Florida
    400 North Miami Avenue, 8th Floor Miami, FL 33128
    Hassan Zavareei
    Tycko & Zavareei LLP
    2000 L Street, NW,
    Suite 808
    Washington, DC 20036
    Frederic Dorwart
    Sarah Poston
    Frederic Dorwart, Lawyers
    124 East 4th Street
    Tulsa, OK 74103

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  16. WHAT’S THE DIFFERENCE BETWEEN OBJECTING AND ASKING TO BE EXCLUDED?

    Objecting is simply telling the Court that you do not like something about the settlement. You can object only if you stay in the Settlement Class. Excluding yourself is telling the Court that you do not want to be part of the Settlement Class. If you exclude yourself, you cannot object to the settlement and you will not be eligible to apply for any benefits under the settlement because the case no longer affects you.

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  17. THE COURT’S FAIRNESS HEARING

    The Court will hold a Fairness Hearing at 9:30 a.m. on August 29, 2012, at the United States District Court for the Southern District of Florida, James Lawrence King Federal Justice Building, 99 N.E. 4th Street, Eleventh Floor, Court Room No. 2, Miami, FL 33132. At the Fairness Hearing, the Court will consider whether the proposed settlement is fair, reasonable, and adequate. The Court may also consider Class Counsel’s request for attorneys’ fees, costs and expenses, and Service Awards. If there are objections received by the deadline, the Court may consider them. After the Fairness Hearing, the Court will decide whether to approve the settlement and how much to award in attorneys’ fees, costs and expenses, as well as Service Awards.

    The Fairness Hearing may be moved to a different date or time without additional notice, so it is recommended that you periodically check back here or call the toll-free number for updated information.

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  18. DO I HAVE TO COME TO THE HEARING?

    No. Class Counsel will answer any questions the Court may have. However, you are welcome to attend the hearing at your own expense. If you send in a written objection, you do not have to come to the Fairness Hearing to talk about it. As long as you mailed your written objection on time, the Court may consider it. You may also pay your own lawyer to attend the Fairness Hearing, but their attendance is not necessary.

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  19. WHAT HAPPENS IF I DO NOTHING?

    If you are a Settlement Class Member and received a notice in the mail telling you that you will receive an automatic payment or account credit, you do not need to do anything in order to receive your payment or account credit (provided the Court approves the Settlement). If you did not receive a notice in the mail telling you that you will receive an automatic payment or account credit and do nothing, you will not get a payment or account credit from this settlement. In addition, unless you exclude yourself, you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against the Defendants about the claims in this case, ever again.

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  20. ARE THERE MORE DETAILS ABOUT THE SETTLEMENT?

    More details are in the Settlement Agreement. You can get a copy of the Settlement Agreement and other documents regarding this lawsuit by visiting the Important Documents page. You also may write with questions to the Bank of Oklahoma Overdraft Settlement Administrator at PO Box 4087, Portland, OR 97208-4087. You can have a copy of the Detailed Notice mailed to you by calling (877) 752-5534.

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