Walker, et al. v. Bank of the Ozarks, Inc. and Bank of the Ozarks
Case No. CV-11-777
A Court authorized a notice because you have a right to know about a proposed Settlement in the class action lawsuit styled, Walker, et al. v. Bank of the Ozarks, Inc. and Bank of the Ozarks (the “Class Action”) and all your options under the proposed Settlement. The Notice describes the Class Action, the proposed Settlement, your legal rights, what benefits are available, and how to get them. The Notice also advises of the date, time, and place of a hearing to be held by the Court to determine whether the Court will give final approval of the Settlement. You should carefully read the entire Notice before making any decision regarding the Class Action.Back To Top
The Class Action is about whether Bank of the Ozarks resequenced customer Account Debit Card Transactions from largest to smallest in dollar amount so that more Overdraft Fees could be charged.
Bank of the Ozarks denies any liability to Plaintiffs and the Settlement Class on the claims asserted in the Complaint. What is more, no trial has been held on the merits of any of the allegations against Bank of the Ozarks or its defenses. The Notice does not imply that there has been any finding of wrongdoing by Bank of the Ozarks or that recovery may be had in any amount. Although the Court has authorized notice to be given of the proposed Settlement, the Notice does not express the opinion of the Court on the merits of the claims or defenses asserted by either side in the lawsuit.Back To Top
You are a member of the Settlement Class if you:
Bank of the Ozarks has agreed to establish a Settlement Fund of $2,750,000.00 for the benefit of Settlement Class Members. To receive a payment, Settlement Class Members must submit a Proof of Claim, as detailed in FAQ 5 below. The benefits available to an eligible Class Member shall be calculated as follows:
For each Account that was assessed one or more Overdraft Fees during the Class Period on a Point of Sale or ATM Withdrawal as a result of Bank of the Ozarks’ former practice of Resequencing the Account’s debit transactions, the Account holder shall be eligible to receive a payment anticipated to be not less than $100.00.
Payments may vary depending on the amount of claims, and they will not be made until the Court finally approves the Settlement. This could take time, so please be patient.Back To Top
If you fit the above description of a Settlement Class Member (see FAQ 3), you have the following options:
The deadline to submit a Proof of Claim Form was November 29, 2017 and now has passed.
The deadline to request exclusion from the Class was October 19, 2017 and now has passed.
The deadline to submit an objection was October 19, 2017 and now has passed.Back To Top
The Court has appointed the following lawyers as “Class Counsel” to represent you and others in the Settlement Class: Carney Bates & Pulliam, PLLC (www.cbplaw.com), 519 W. 7th St., Little Rock, AR 72201. Class Counsel may be contacted at 1-888-551-9944. 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.
The Court has also appointed Plaintiffs Robert Walker, Ann B. Winters, and Judith Belk as Class Representatives for the Settlement Class.Back To Top
Class Counsel intends to request up to 33 1/3% of the Settlement Fund for attorneys’ fees, plus reimbursement of the litigation expenses incurred in connection with prosecuting the Class Action. The fees and expenses awarded by the Court will be paid out of the Settlement Fund. Class Counsel will also request a service award of $5,000.00 for each Class Representative for their service in litigating the Class Action. To date, Class Counsel have not received any payment for their services in conducting this litigation on behalf of the Class Representatives and Settlement Class; nor have Class Counsel been reimbursed for their costs and expenses directly relating to their representation in the Class Action.Back To Top
The Court will hold the Final Approval Hearing on November 13, 2017, at 9:00 a.m. before the Honorable Sandy Huckabee in the Second Street Courtroom at the Lonoke County Courthouse, 301 N. Center St., Lonoke, Arkansas 72086. The hearing may be postponed to a later date without further notice, so please check this Website for updates. The purpose of the hearing is to determine the fairness, reasonableness and adequacy of the terms of Settlement, whether the Class is adequately represented by the Class Representatives and Class Counsel, and whether an order and final judgment should be entered approving the proposed Settlement. The Court will also consider Class Counsel's application for an award of attorneys’ fees and expenses and service awards for the Class Representatives.Back To Top
No. You will be represented at the hearing by Class Counsel, unless you choose to enter an appearance in person or through your own counsel as addressed in FAQ 10.Back To Top
You may ask the Court for permission to speak at the Final Approval Hearing. To do so, you must send a letter saying that you intend to appear and wish to be heard. Your notice of intention to appear must include the following:
You must submit your notice of intention to appear, postmarked no later than October 19, 2017, to all the addresses in FAQ 5.Back To Top
To be eligible to receive a payment in this Settlement, you must submit a Proof of Claim by November 29, 2017. Thus, if you do nothing, you will not be eligible to receive a payment to which you may be entitled. However, you will still give up your right to bring your own lawsuit against Bank of the Ozarks on the claims in this Class Action and the Released Claims unless you exclude yourself.Back To Top
Examination of Pleadings and Papers: The Notice and this website are only a summary. The full Settlement and relevant pleadings filed in this lawsuit can be viewed and downloaded on the Important Documents page here. You may also write to Class Counsel identified in FAQ 6 for copies, or the documents can be inspected at the office of the Clerk of the Court, Lonoke County Courthouse, 301 N. Center St. #202, Lonoke, Arkansas 72086.
Interpretation of the Notice: Except as indicated in the orders and decisions of the Court, no Court has yet ruled on the merits of any of the pending claims or defenses asserted by the parties in this Class Action. The Notice is not an expression of an opinion by the Court as to the merits of claims or defenses.
PLEASE DO NOT TELEPHONE OR CONTACT THE COURT, DEFENDANT, OR DEFENDANT’S ATTORNEYS FOR INFORMATION REGARDING THIS SETTLEMENT.Back To Top