Steve R. Marical et al. v. Boeing Employees’ Credit Union
Marical v. BECU Settlement
19-2-20417-6-KNT

Frequently Asked Questions

 

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  • If you received a notice of the Settlement by mail or email, BECU’s records indicate that you are a potential Class Member and you may be eligible to receive a payment under the Settlement.

    This notice explains that the parties have reached an agreement to settle a class action lawsuit that may affect you. You have legal rights and options that you may exercise before the Court decides whether to approve the Settlement.

    A Judge of the Superior Court of the State of Washington for King County is overseeing this class action. The lawsuit is known as Marical v. Boeing Employees’ Credit Union, Case No. 19-2-20417-6-KNT.

  • The Plaintiffs and the Class alleges that BECU violated Washington law by imposing overdraft and NSF fees at times when a member had a ledger balance—but not an available balance—sufficient to cover the transaction. It also involves allegations that BECU violated Washington law by charging more than one NSF fee based on the same member transaction.

  • In a class action lawsuit, one or more people called Plaintiffs and “Class Representatives” (in this lawsuit Steven Marical) sue on behalf of other people who have similar alleged claims. The people together are a “Class” or “Class Members.” The party they sued (in this case BECU) is called the Defendant. If the lawsuit proceeds as a class action, it resolves the issues for everyone in the Class—except for those people who choose to exclude themselves from the Class.

  • The Court did not decide in favor of Plaintiffs or BECU. Instead, both sides agreed to a settlement. This way, they avoid the cost and risks associated with a trial, and the people affected will receive compensation. The Class Representatives and their attorneys think the Settlement is best for the Settlement Class Members.

  • You are in the Settlement Class if you resided in Washington, were a BECU member, and at any point from August 2, 2015 through July 1, 2020 incurred an overdraft fee or an NSF fee for a transaction when the amount of the ledger balance shown in BECU’s record of your account was equal to or greater than the amount of the transaction, or at any point from August 2, 2013 through July 1, 2020 were charged an NSF fee on a transaction for which you had already been charged an NSF fee.

  • To settle this lawsuit, BECU has agreed to pay $6,000,000 into the Settlement Fund, which provides individual payments to eligible Settlement Class Members, attorneys’ fees and costs, and service award payments to the Class Representative.

  • If you are a Settlement Class Member, you do not need to submit a claim in order to get a Settlement payment. The individual Settlement payments will depend on how many overdraft fees covered by the Settlement you were charged and how much money remains in the Net Settlement Fund after payment of other expenses.

    If you have an account with BECU when the Settlement payments are made, and you qualify, BECU will automatically deposit the Settlement payment into your account. If you do not have an account with BECU when the Settlement payments are made, the Settlement Administrator will send you a check.

  • You will receive your Settlement payment if no appeals are timely filed, and after the Court enters the Final Approval Order and it becomes final, as well as the Settlement becomes effective.

  • Unless you opted out of the Class, you are in the Class, which means that you cannot sue, continue to sue, or be part of any other lawsuit against PBECU regarding BECU’s imposition of overdraft and NSF fees between August 2, 2013 and July 1, 2020.

  • The deadline to exclude yourself from the Settlement was August 9, 2021 and has passed. The deadline was set by the Court.

  • No. Unless you excluded yourself, you give up any right to sue the Defendant for the claims that this Settlement resolves. You must have excluded yourself from the Settlement Class if you wanted to prosecute your own lawsuit.

  • No. You will not receive a payment from the Settlement if you excluded yourself.

  • The deadline to object to the Settlement was August 9, 2021 and has passed. The deadline was set by the Court.

  • Objecting is simply telling the Court that you don’t like something about the Settlement but that you will remain a Settlement Class Member. The deadline to object has passed. Excluding yourself from the Settlement is telling the Court that you don’t want to be part of the Settlement. If you exclude yourself from the Settlement, you have no basis to object to the Settlement because it no longer affects you.

  • The Court decided that the law firms of Terrell Marshall Law Group PLLC of Seattle, WA, Smith & Dietrich Law Offices, PLLC of Olympia, WA, and Berger Montague, PC of Minneapolis, MN are qualified to represent you and all Class Members. These law firms are referred to as "Class Counsel." You will not receive a bill from these lawyers, who have asked the Court to be paid a percentage of the Settlement Fund. If you want to be represented by your own lawyer, you may hire one at your own expense. The names and addresses of Class Counsel are:

    Walter M. Smith
    Steve E. Dietrich
    Smith & Dietrich Law Offices PLLC
    3905 Martin Way E., Suite F
    Olympia, Washington 98506

    Beth E. Terrell
    Ari Y. Brown
    Terrell Marshall Law Group PLLC
    936 N 34th Street, Suite 300
    Seattle, Washington 98103

    E. Michelle Drake
    Joseph C. Hashmall
    Berger Montague, PC
    43 SE Main Street, Suite 505
    Minneapolis, Minnesota 55414

  • Class Counsel will ask the Court to approve payment of up to 30 % of the $6,000,000 Settlement Fund to them for attorneys’ fees, plus their out-of-pocket expenses. This payment compensates Class Counsel for investigating the facts, litigating the case, and negotiating the Settlement. Class Counsel will also request a service award of $7,500 for the Class Representative, Steven Marical, payable out of the Settlement Fund to compensate him for his time and effort during the litigation.

  • The Court will hold the Final Approval Hearing on September 24, 2021 at 11:00 a.m., before the Honorable Ken Schubert of the Superior Court of the State of Washington for King County, 401 4th Ave. N, Kent, WA 98032, Courtroom 4H.

    Join Zoom Meeting: https://kingcounty.zoom.us/j/99709315720. Meeting ID: 997 0931 5720 and Passcode: 917579. The purpose of the hearing is for the Court to determine whether the Settlement is fair, reasonable, adequate, and in the best interest of the Class. At the hearing, the Court will hear any objections and arguments concerning the fairness of the proposed Settlement, including those related to the amount requested by Class Counsel for attorneys’ fees and expenses and the service award to the Class Representative. After the hearing, the Court will decide whether to approve the Settlement. We do not know how long these decisions will take.

  • No. Class Counsel will answer any questions the Court may have. You are welcome to come to the hearing at your own expense.

  • If you did not exclude yourself from the Settlement Class, you may ask the Court for permission to speak at the hearing concerning any part of the proposed Settlement Agreement. If you submitted an objection and intend to appear at the hearing, you must have stated your intention to do so in your objection.

    To speak, you must send a letter saying that it is your “Notice of Intention to Appear” in Marical v. Boeing Employees’ Credit Union, Case No. 19-2-20417-6-KNT. Be sure to include your name, address, telephone number, that you are a Class Member, and your signature. Your Notice of Intention to Appear must be postmarked no later than September 14, 2021 and be sent to the Court, Class Counsel, and Defense Counsel.

  • This website summarizes the proposed Settlement. More details are in the Settlement Agreement. You can get a complete copy of the Settlement Agreement and other information by going to the Important Documents page. You may also contact the Settlement Administrator by going to the Contact Us page, and calling call 1-833-961-3961 toll-free.

    PLEASE DO NOT CONTACT THE COURT, THE JUDGE, OR BECU WITH QUESTIONS ABOUT THE SETTLEEMENT. 

For More Information

Visit this website often to get the most up-to-date information.

Mail
Marical v. BECU Settlement
c/o JND Legal Administration
PO Box 91407
Seattle, WA 98111