Robinson v. First Hawaiian Bank Overdraft Settlement

If you were in the Settlement Class, did not exclude yourself, and were entitled to receive a cash benefit, you did not need to do anything to receive a check payment or Account credit. Settlement Class members were issued a payment by check or Account credit for their pro rata portion of the Settlement Fund based on the number of eligible Relevant Overdraft Fees paid to FHB during the period covered by the Settlement. Payments were issued in late October 2019. The Settlement Administrator will distribute a second payment in early 2021 to eligible Class Members.

If you need update your personal information (like your name or mailing address), you must send a letter, signed by you, to the Settlement Administrator requesting an information update. In this letter, please include your request for an information change, the specific information you wish to have changed (like your previous name or mailing address), the updated information (like your updated name or mailing address), and your signature. Send the letter to FHB Overdraft Settlement, C/O Epiq, P.O. Box 2730, Portland, OR 97208-2730.

If the recipient has passed away or a name change is required, please submit all necessary documents indicating the proper recipient’s new name. Acceptable documents include a death certificate, power of attorney, and/or estate documents.

First Hawaiian Bank agreed to establish a Settlement Fund of $4,125,000.00 from which Settlement Class Members would receive payments or Account credits. The Settlement Fund also paid all attorneys’ fees, costs and expenses awarded to Class Counsel, the Service Award to the Class Representative, and all Settlement Administration Costs.

Additionally, First Hawaiian Bank revised its disclosures for consumer checking Account holders to remind consumers of First Hawaiian Bank’s policy with respect to (1) the authorization/settlement procedures relating to debit transactions, and that policy’s potential impact on overdraft transactions; (2) the timing of First Hawaiian Bank’s deduction of Overdraft Fees; and (3) the overdraft balances that are subject to continuous overdraft notification fees.

The Settlement Class included all current and former First Hawaiian Bank members who were charged a Relevant Overdraft Fee during the Class Period, January 27, 2011, through March 13, 2019.

The Court approved the settlement on August 8, 2019, and all payments were distributed in late October 2019. A secondary distribution occurred in early 2021.

A Settlement has been reached in a class action about overdraft fees charged to consumer Accounts by First Hawaiian Bank (“FHB”) on debit card transactions that were authorized and approved when sufficient funds were available to cover the amount of authorization (“Relevant Overdraft Fees”). Relevant Overdraft Fees were assessed when customers’ account balances were insufficient when the transaction(s) posted to the account. The complaint is posted on the Settlement Website and contains all of the allegations and claims asserted against First Hawaiian Bank. First Hawaiian Bank maintains that there was nothing wrong with the transaction processing practices it used and that it complied, at all times, with applicable laws and regulations and the terms of the account agreements with its customers.

1. “Account” means any consumer checking account maintained by First Hawaiian Bank in the United States and its territories.
2. “Overdraft Fee” means any fee or fees assessed to a holder of an Account for items paid when the Account has insufficient funds at the time of settlement.
3. “Relevant Overdraft Fee” means an Overdraft Fee on a transaction that was authorized and approved when sufficient funds were available to cover the amount of authorization.
4. “Debit Card” means a card or similar device issued or provided by First Hawaiian Bank, including a debit card, check card, or automated teller machine (“ATM”) card that can or could be used to debit funds from an Account by Point of Sale and/or ATM transactions.

In a class action, one or more people called class representatives (in this case, Plaintiff Linda Robinson) sue on behalf of people who have similar claims. The people included in the class action are called the Settlement Class or Settlement Class Members. One court resolves the issues for all Settlement Class Members, except for those who timely exclude themselves from the Settlement Class.

The Court had not decided in favor of either the Plaintiff or First Hawaiian Bank. Instead, both sides agreed to the Settlement. By agreeing to the Settlement, the Parties avoided the costs and uncertainty of a trial, and Settlement Class Members received the benefits described in this notice. The Class Representative and Class Counsel believe the Settlement is best for everyone who is affected.

The Settlement Class includes all current and former First Hawaiian Bank members who were charged a Relevant Overdraft Fee during the Class Period (January 27, 2011, through March 13, 2019). Excluded from the Settlement Class are First Hawaiian Bank, its parents, subsidiaries, affiliates, officers and directors, all Settlement Class Members who make a timely election to be excluded, and all judges assigned to this litigation and their immediate family members.

Unless you excluded yourself from the Settlement Class, you cannot sue or be part of any other lawsuit against First Hawaiian Bank about the legal issues in this Action. It also means that all decisions by the Court were binding on you. The “Release” included in the Settlement Agreement described the precise legal claims that you gave up by remaining in the Settlement. The Settlement Agreement is available here.

The deadline to exclude yourself from the Settlement was July 5, 2019. That date has now passed and it is no longer possible to exclude yourself from the Settlement.

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

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

The Court appointed a number of lawyers to represent you and others in the Settlement Class as “Class Counsel,” including:

Class Counsel represented you and others in the Settlement Class. You will not be charged for these lawyers.

Class Counsel was awarded $1,361,250.00 from the Settlement Fund for attorneys’ fees plus reimbursement of their expenses, and $129,511.84, incurred in connection with prosecuting this Action. The Class Representative was awarded $10,000.00 from the Settlement Fund for her service to the entire Settlement Class. More details can be found in the Final Approval Order.

The deadline to object to the Settlement was July 5, 2019. That date has now passed and it is no longer possible to object to the Settlement.

The opportunity to speak at a hearing has passed. The Court held a Final Approval Hearing on August 6, 2019, and approved the Settlement on August 8, 2019. More details about the Court’s decision can be found in the Final Approval Order.

If you did nothing, you were issued benefits to which you were entitled under the Settlement Agreement. Unless you excluded yourself, you will not be able to start a lawsuit or be part of any other lawsuit against First Hawaiian Bank relating to the issues in this Action.

You may write with questions to FHB Overdraft Settlement, P.O. Box 2730, Portland, OR 97208-2730, or call the toll-free number, 1-877-239-1243.

Do not contact First Hawaiian Bank or the Court for information.