Wings CU Overdraft Settlement

The lawsuit that is being settled is entitled Peter Duggan et al. v. Wings Financial Credit Union in the District Court for Dakota County, Case No. 19AV-cv-20-2163. The case is a “class action.” That means the “Class Representatives” are acting on behalf of a group, which consists of those current and former customers of Defendant who were charged APPSN Fees or Retry Fees between April 2, 2018, and May 17, 2019 (for APPSN Fees) and between January 1, 2015, and May 1, 2019 (for Retry Fees). The people in this group are collectively called the “Settlement Class Members.”

The Class Representatives claim Defendant improperly charged APPSN Fees and Retry Fees. The Complaint alleges claims for breach of contract, breach of the implied covenant of good faith and fair dealing, and violation of Minnesota statute. The Class Representatives sought a refund of alleged improper fees charged to Settlement Class Member accounts and other relief. Defendant does not deny it charged these fees but contends it did so properly and in accordance with the terms of its agreements and applicable law. Defendant maintains that its practices were and now are proper and properly disclosed to its customers, and therefore denies that its practices give rise to claims for damages by the Class Representatives or any Settlement Class Member.

Defendant’s records indicate that you were charged one or more of the fees that are the subject of this Action. The Court directed that the notice be sent to all Settlement Class Members because each Settlement Class Member has a right to know about the proposed Settlement and the options available to him or her before the Court decides whether to approve the Settlement.

In any lawsuit, there are risks and potential benefits that come with a trial versus settling at an earlier stage. It is the Class Representatives’ and their lawyers’ job to identify when a proposed settlement offer is good enough that it justifies recommending settling the case instead of continuing to trial. In a class action, the Class Representatives’ lawyers, known as Class Counsel, make this recommendation to the Class Representatives. The Class Representatives have the duty to act in the best interests of the class as a whole and, in this case, it is their belief, as well as Class Counsels’ opinion, that this Settlement is in the best interest of all Settlement Class Members.

There is legal uncertainty about whether a judge or a jury will find that Defendant was contractually and otherwise legally obligated not to assess the fees that are being challenged in this case. Even if it was contractually wrong to assess these fees, there is uncertainty about whether the Class Representatives’ claims are subject to other defenses that might result in no or less recovery to Settlement Class Members. Even if the Class Representatives were to win at trial, there is no assurance that the Settlement Class Members would be awarded more than the current settlement amount, and it may take years of litigation before any payments would be made. By settling, the Settlement Class Members will avoid these and other risks and the delays associated with continued litigation.

While Defendant disputes the allegations in the lawsuit and denies any liability or wrongdoing, it enters into the Settlement solely to avoid the expense, inconvenience, and distraction of further proceedings in the litigation.

If you received a postcard or email notice, the Defendant’s records indicate that you are a Settlement Class Member who is entitled to receive a payment or credit to your account.

You have three options:

1. Do nothing and receive payment according to the terms of the Settlement;
2. Exclude yourself (“opt out”) of the Settlement; or
3. Participate in the Settlement by objecting.

Each of these options is described in a separate section below.

There is no deadline to receive a payment. If you do nothing, then you will get a payment. The deadline for sending a letter to exclude yourself or opt out of the Settlement is January 3, 2023. The deadline to file an objection with the Court is also January 3, 2023.

If you do not like the Settlement and you believe that you could receive more money by pursuing your claims on your own (with or without an attorney that you could hire) and you are comfortable with the risk that you might lose your case or get less than you would in this Settlement, then you may want to consider opting out.

If you believe the Settlement is unreasonable, unfair, or inadequate and the Court should reject the Settlement, you can object to the Settlement terms. The Court will decide if your objection is valid. If the Court agrees, then the Settlement will not be approved, and no payments will be made to you or any other Settlement Class Member. If your objection (and any other objection) is overruled and the Settlement is approved, then you will still get a payment.

If you want to participate in the Settlement, then you don’t have to do anything; you will receive a payment if the Court approves the Settlement.

The Court has to decide that the Settlement is fair, reasonable, and adequate before it will approve it. The Court has already decided to provide preliminary approval of the Settlement. The Court will make a final decision regarding the Settlement at the Final Approval Hearing, which is currently scheduled for February 3, 2023.

Defendant has agreed to create a Settlement Fund of $1,100,000. In addition, Defendant has agreed to forgive certain uncollected APPSN Fees or Retry Fees, as identified by the Parties based on review and analysis of Defendant’s reasonably accessible data and information, in a total amount of $57,000. As discussed separately below, attorneys’ fees, litigation costs, and the costs paid to a third-party Settlement Administrator to administer the Settlement (including mailing and emailing the notice) will be paid out of the Settlement Fund. The balance of the Settlement Fund will be divided among all Settlement Class Members as outlined in the Settlement Agreement.

Class Counsel will request attorneys’ fees be awarded by the Court of up to one-third of the Value of the Settlement. Class Counsel will also request that it be reimbursed for reasonable litigation costs incurred in prosecuting the case. The Court will decide the amount of the attorneys’ fees and costs that are reasonable.

Class Counsel will request that the Class Representatives be paid service awards in the amount of $7,500 each for their work in connection with this case. The service awards must be approved by the Court.

The balance of the Settlement Fund after attorneys’ fees and costs, the service awards, and the Settlement Administrator’s fees will be divided among all Settlement Class Members as outlined in the Settlement Agreement. Current customers of Defendant will receive a credit to their accounts for the amount they are entitled to receive. Former customers of Defendant shall receive a check from the Settlement Administrator.

No. If you received a postcard or email notice, then you will be entitled to receive a payment and/or debt forgiveness without having to make a claim. However, if you choose to exclude yourself from the Settlement, or “opt out,” you will not receive a payment or debt forgiveness.

The Court will hold a Final Approval Hearing on February 3, 2023, at 1:30 p.m. to consider whether the Settlement should be approved. If the Court approves the Settlement, then payments should be made, or credits should be issued, within about 40 to 60 days after the Settlement is approved. However, if someone objects to the Settlement, and the objection is sustained, then there is no Settlement. Even if all objections are overruled and the Court approves the Settlement, an objector could appeal, and it might take months or even years to have the appeal resolved, which would delay any payment.

If you do not want to receive a payment, or if you want to keep any right you may have to sue Defendant for the claims alleged in this lawsuit, then you must exclude yourself, or “opt out.”

To opt out, you must send a letter to the Settlement Administrator stating that you want to be excluded. Your letter can simply say, “I hereby elect to be excluded from the settlement in the Duggan et al. v. Wings Financial Credit Union class action.” Be sure to include the last four digits of your account number(s) or former account number(s) and your name, address, telephone number, and email address. Your exclusion or opt-out request must be postmarked by January 3, 2023, and sent to:

Duggan v. Wings Financial Credit Union
Settlement Administrator
P.O. Box 5358
Portland, OR 97208-5358

If you opt out of the Settlement, you will preserve and not give up any right you may have to sue Defendant for the claims alleged in this case. However, you will not be entitled to receive a payment or debt forgiveness from this Settlement.

No. If you exclude yourself, you will not be entitled to a payment.

You can object to the Settlement or any part of it that you do not like if you do not exclude yourself, or opt out, from the Settlement. (Settlement Class Members who exclude themselves from the Settlement have no right to object to how other Settlement Class Members are treated.) To object, you must send a written document to the Settlement Administrator at the address below. Your objection should say that you are a Settlement Class Member, that you object to the Settlement, the factual and legal reasons why you object, and whether you intend to appear at the hearing. In your objection, you must include your name, address, telephone number, email address (if applicable), and your signature.

All objections must be postmarked no later than January 3, 2023, and must be mailed to the Settlement Administrator as follows:

Duggan v. Wings Financial Credit Union
Settlement Administrator
P.O. Box 5358
Portland, OR 97208-5358

Objecting is telling the Court that you do not believe the Settlement is fair, reasonable, and adequate for the class and asking the Court to reject it. You can object only if you do not opt out of the Settlement. If you object to the Settlement and do not opt out, then you are entitled to a payment if the Settlement is approved, but you will release claims you might have against Defendant. Excluding yourself, or opting out, is telling the Court that you do not want to be part of the Settlement and do not want to receive a payment or release claims you might have against Defendant for the claims alleged in this lawsuit.

If the Court sustains your objection, or the objection of any other Settlement Class Member, then there is no Settlement. If you object but the Court overrules your objection and any other objection(s), then you will be part of the Settlement.

The Court will hold a Final Approval Hearing at 1:30 p.m. on February 3, 2023, at the Dakota County District Court, 1560 Highway 55, Hastings, MN 55033, via Zoom video conference. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. The Court may also decide how much to award Class Counsel for attorneys’ fees and expenses.

No, you do not have to attend this hearing. Class Counsel will answer any questions the Court may have. You may attend if you desire to do so, at your own cost. The Court will consider any objection you have properly submitted regardless of whether or not you attend.

If you have objected, you may ask the Court for permission to speak at the Final Approval Hearing. To do so, you must include with your objection, described in FAQ 19, the statement, “I hereby give notice that I intend to appear at the Final Approval Hearing.”

The Court ordered that the lawyers and their law firms referred to in the Long-Form Notice as “Class Counsel” will represent you and the other Settlement Class Members.

No. Class Counsel will be paid directly from the Settlement Fund in an amount approved by the Court.

The Court will be asked to approve the amount of attorneys’ fees at the Final Approval Hearing. Class Counsel will file an application for fees and costs and will specify the amount being sought as discussed in FAQ 21.

The notice and this website only summarize the proposed Settlement. More details are contained in the Settlement Agreement.

For additional information about the Settlement, or to change your address for purposes of receiving a payment, you should contact the Settlement Administrator as follows:

Duggan v. Wings Financial Credit Union
Settlement Administrator
P.O. Box 5358
Portland, OR 97208-5358

If the Settlement Administrator does not answer any questions you have to your satisfaction, you also may contact Class Counsel as follows:

PLEASE DO NOT CONTACT THE COURT OR ANY REPRESENTATIVE OF DEFENDANT CONCERNING THE SETTLEMENT.