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Who's entitled to refunds
and how to file a claim

The best estimate is that the NationsBank class action suit applies to about 1.4 million people who were hit with multiple NSF (nonsufficient funds) or overdraft charges as a result of checks processed from highest to lowest dollar amount. Chances are, if you're eligible to file a claim, you've received a letter in the last month telling you about the settlement.

Class members have or had checking accounts at:

  • NationsBank between May 16, 1997, and Aug. 31, 1999;
  • Barnett Bank between May 6, 1994, and Jan. 9, 1998;
  • Boatmen's National Bank between March 25, 1993, and Jan. 7, 1997, or
  • Maryland National Bank between May 16, 1997, and Aug. 31, 1999.
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Also included are checking account customers at any of their "predecessor or successor banks or related entities," specifically: Bank South, Fourth Financial Corp., Worthen Banks, Sun World NA, Sun World Savings Bank, Sunwest Bank Inc., Charter Bancshares Inc., Houston Independent Bank, LaPorte Bank, Glendale Federal Bank, Cypress National Bank, First Florida Bank, Bluebonnet Savings Bank, Empire Federal Savings Bank, Corpus Christi National Bank, First American Bank and Trust, NationsBank Corp., Bank of America Arizona, NationsBank NA, Bank of America New Mexico NA, Boatmen's Bancshares Inc., National Bancshares Co., University Federal Savings, C&S/Sovran Corp., MNC Financial Inc., America Corp., Maryland National Corp., Bank of America Texas NA, and Continental Bank.

The class members' accounts are in Arkansas, Arizona, Florida, Georgia, Illinois, Iowa, Kansas, Maryland, Missouri, New Mexico, North Carolina, Oklahoma, South Carolina, Texas, Virginia and the District of Columbia.

You're excluded from the class if you are an employee of NationsBank, or if you had or have money manager checking accounts or checking accounts that were or are analyzed to determine fees.

If you haven't received a letter, but think you might be eligible, you can leave a message at 1-888-811-0449 to get a claim form.

Filing a claim is a simple process, says Steven A. Katz, the attorney representing the class in the suit.
You'll need to provide:

  • Your name
  • Social Security number
  • The name of your bank
  • The account number
  • The approximate dates you had the account
  • The approximate date or dates you were assessed multiple NSF or overdraft charges from checks processed in a single day (an event that tends to stand out in one's mind).

Sending a bank statement isn't necessary, and probably isn't even helpful, Katz says.

Class members can file a claim and participate or opt out of the class, get a lawyer to go after their own settlement, or just forget the whole thing. The deadline to file a claim is Dec. 31, 1999. The most you'll get is $50; it could be much less, depending on how many charges you incurred and how many claims are filed.

You may not get anything at all.

"A lot of people will get the forms who aren't eligible," Katz said, "because it's darn near impossible to go through the records and pluck out only the people who had a charge. People who had multiple checks bounce on the same day are good candidates."

If you want to opt out and exclude yourself from the settlement, you have to do that by Dec. 15.

The final hearing on the settlement is set for U.S. District Court on Jan. 26. If the judge decides the settlement is fair, the checks should start going out within a couple of months.

 Pat Curry is a freelance writer based in Georgia

-- Posted: Nov. 10, 1999

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Main story: NationsBank gets $9 million spanking
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