Behrens v. Landmark Credit Union


If you had a checking account with Landmark credit union (“Landmark”) and you were charged an overdraft fee between February 9, 2011 and February 28, 2017, then you may be entitled to a payment from a class action settlement.

The lawsuit that is being settled is entitled Danell Behrens v. Landmark Credit Union, United States District Court for the Western District of Wisconsin, Case No. 3:17-cv-00101. The case is a “class action.” That means that the “Named Plaintiff,” Danell Behrens is an individual who is acting on behalf of two groups. The first is all members of Landmark who were charged an Overdraft Fee for any payment transaction from February 9, 2011 to February 28, 2017, and, at the time such fee was imposed, that person had sufficient funds in the ledger balance but not the available balance in his or her account to complete the transaction. The second group is all members of Landmark who were charged Overdraft Fees for ATM and debit card transaction for the first time from February 9, 2016 to February 28, 2017. The persons in these groups are collectively called the “Class Members.”

The Named Plaintiff claims Landmark did not properly opt members into its overdraft program for ATM and debit card payment transactions. Plaintiff also alleges Landmark improperly charged overdraft fees when members had money in the ledger balances but not the available balances of their checking accounts. The Named Plaintiff is seeking a refund of alleged improper Overdraft Fees charged to Class Member accounts.

Landmark does not deny it charged Overdraft Fees but contends it did so properly and in accordance with the terms of its agreements and applicable law. Landmark assessed Overdraft Fees based on the available balance in a member’s account. Landmark maintains that this practice is proper and was disclosed to its members, and therefore denies that its practices give rise to claims for damages by the Named Plaintiff or any Class Member. Landmark also alleges that it properly gave notice and opted members into its overdraft program for ATM and debit card transactions.

Your rights—and the deadlines to exercise them—are explained on this website and on the Notice.

The court still must hold a hearing to decide whether to grant final approval to this settlement. Class Members will receive the relief only if the court grants final approval and after any appeals are resolved in favor of the settlement.

Important Dates
MAKE A CLAIM You may make a claim for up to ten (10) overdraft fees which were paid by you on a debit card or ATM transaction if there was no refund of the overdraft fee, regardless of the funds in your account. The number of such overdraft fees you may have incurred is shown on the Claim Form attached to the Notice. If you did not receive a Claim Form, then you have no eligible ATM or debit card fees of this type and therefore need not make a claim. As stated in the box below, you may still be entitled to a payment for other Overdraft Fees. If you are eligible to make a claim for ATM and debit card fees, then you should fill out and submit the Claim Form within thirty (30) days after receipt of the notice.
DO NOTHING Even if you do not make a claim, if you have incurred an Overdraft Fee on a debit card or ATM transaction, or any check, ACH or other payment transaction while your ledger balance was sufficient to pay for the transaction, you will receive a payment from the Settlement Fund so long as you do not opt out of or exclude yourself from the settlement (described in the next box). However, you may receive more if you receive a Claim Form and make a claim.
EXCLUDE YOURSELF FROM THE SETTLEMENT; RECEIVE NO PAYMENT BUT RELEASE NO CLAIMS You can choose to exclude yourself from the settlement or “opt out.” This means you choose not to participate in the settlement. You will keep your individual claims against Landmark but you will not receive a payment. If you want to recover against Landmark, then you will have to file a separate lawsuit or claim. The deadline for excluding yourself is August 15, 2018.
OBJECT TO THE SETTLEMENT You can file an objection with the Court explaining why you believe the Court should reject the settlement. If your objection is overruled by the Court, you will receive a payment and you will not be able to sue Landmark for the claims asserted in this litigation. If the Court agrees with your objection, then the settlement may not be approved. The deadline for objecting is August 24, 2018.


To find out details regarding the terms of the Settlement, how to file a claim, how to exclude yourself from or object to the Settlement, please consult the Notice.

Additional Information

This website only summarizes the proposed settlement. More details are contained in the settlement agreement, which can be viewed here or at the Office of the Clerk of the United States District Court for the Western District of Wisconsin, which is located at 120 North Henry Street, Madison, Wisconsin 53703, by asking for the court file containing the Motion For Preliminary approval of Class Settlement (the settlement agreement is attached to the motion).

For additional information about the settlement and/or to obtain copies of the settlement agreement, or to change your address for purposes of receiving a payment, you should contact the Claims Administrator as follows:

Behrens v Landmark Credit Union C/O GCG P.O. Box 10600 Dublin, Ohio 43017-9202

For more information you also can contact the Claims Administrator or Class Counsel as follows:

Behrens v. Landmark Credit Union C/O GCG P.O. Box 10600 Dublin, Ohio 43017-9202

Richard D. McCune Jae (Eddie) K. Kim McCune Wright Alevaro LLP 3281 E. Guasti Road, Ste. 100 Ontario, CA 91761 Telephone: (909) 557-1250 Taras Kick The Kick Law Firm, APC 815 Moraga Drive Los Angeles, CA 90049 Telephone: (310) 395-2988