Frequently Asked Questions

If you received a postcard notice or email notice relating to this case then the records of Defendant show that you were assessed a Challenged Fee. Plaintiffs alleged that, at certain times between April 12, 2018, through February 12, 2024, Florence Bank improperly charged: (1) Overdraft fees and NSF fees on an item that had previously incurred an NSF Fee (“Retry Fees”); and (2) Overdraft fees incurred on debit card transactions that were authorized with a positive account balance and settled with a negative account balance (“APSN Fees”) (together, the “Challenged Fees”). Because of this, you are a member of one or both of the Settlement Classes, and you may be affected by this class action settlement.

The Court is providing  notice because you have a right to know about the proposed class action settlement, and about your options, before the Court decides whether to approve the settlement. If you do nothing and the Court approves the settlement, and after any appeals are resolved, the benefits of the settlement will be provided to you.

The notice explains the lawsuit, the settlement, your legal rights, what benefits are available, and how those benefits will be calculated.

The Court in charge of the case is Hampshire County Massachusetts Superior Court, and the case is known as Benjamin Sullivan, Laundry Party LLC, and Deirdre Zabawa, on behalf of themselves and all others similarly situated v. Florence Bank. The persons and entity who sued are called Plaintiffs, and the entity sued is called Defendant.

The lawsuit claims that Defendant improperly assessed the fees described as the "Challenged Fees". Plaintiffs alleged that, at certain times between April 12, 2018, through February 12, 2024, Florence Bank improperly charged: (1) Overdraft fees and NSF fees on an item that had previously incurred an NSF Fee (“Retry Fees”); and (2) Overdraft fees incurred on debit card transactions that were authorized with a positive account balance and settled with a negative account balance (“APSN Fees”) (together, the “Challenged Fees”). Defendant denies that it did anything wrong. Defendant claims that it was allowed to assess these fees and properly did so in accordance with the terms of its account agreements and applicable law.

In a class action lawsuit, one or more people called “Class Representatives” (in this case Benjamin Sullivan, Laundry Party LLC, and Deirdra Zabawa) sue on behalf of themselves and other people who have similar claims. All of these people are called a Class or Class Members. This is a class action because the Court has decided it meets the legal requirements to be a class action solely for the purposes of settlement and notice. Because the case is a class action, one court resolves the issues for everyone in the Class.

The Court did not decide in favor of Plaintiffs or Defendant. Instead, both sides agreed to a settlement. That way, they avoid the cost of a trial and the risks of either side losing, and they ensure that the people affected by the lawsuit receive compensation. Defendant denies any wrongdoing and states that the Challenged Fees were assessed properly in accordance with the terms of their account agreements and applicable law. The parties think that the settlement is best for everyone involved under the circumstances. The Court will evaluate the settlement to determine whether it is fair, reasonable, and adequate before it approves the settlement.

If you received an email or postcard notice addressed to you, then you are a member of one or both of the Settlement Classes, you will be a part of the settlement, and the applicable benefits of the settlement will be provided to you. If you are not sure whether you have been properly included, you can call 1-888-808-3240 or email [email protected] to check.

The Defendant has agreed to pay $390,881 into a Settlement Fund to settle this case. As discussed separately below, attorneys’ fees, litigation costs, the costs of this notice, and the costs of distributing the settlement benefits, among other settlement administration costs, and a service award to each of the Class Representatives will also be paid out of the Settlement Fund.

After deducting the attorneys’ fees and expenses, costs of notice and administration, and service awards to the Class Representatives approved by the Court, there will be a Net Settlement Fund available for distribution to Class Members. Each Class Member will be paid from this fund on a pro rata basis, based on the amount of applicable Fees paid by the Class Member. For example, a Class Member who paid $100 in applicable fees will receive a check or account credit for twice as much as a Class Member who paid $50 in applicable fees.

The actual amount of any Class Member’s check or account credit will be determined by an independent settlement administrator based on the following formula:

Class Member’s Pro Rata %

= Amount of Retry Fees and APSN Fees Paid by That Class Member

  Total Amount of Retry Fees and APSN Fees Paid By All Class Members

Class Member Distribution = Class Member’s Pro Rata % x Net Settlement Fund

You will not receive more in the settlement than the amount of the applicable fees that you paid during the Class Period and are likely to receive less.

You do not need to do anything to receive a payment from the settlement or account credit. You will receive a settlement payment or account credit if the settlement is approved and becomes final and if you are eligible. If your address changes, however, please call 1-888-808-3240 or email [email protected] to report the address change so that your payment reaches you.

The Court will hold a hearing on December 15, 2026, to decide whether to approve the settlement. You do not need to attend. If the Court approves the settlement, there may be a period when appeals can be filed. Once any appeals are resolved or if no appeals are filed, it will be possible to distribute the funds. This may take several months and perhaps more than a year. You do not need to do anything to receive your payment.

You can’t sue, continue to sue, or be part of any other lawsuit against Defendant relating to the legal claims that were or could have been brought in this case. That also means that all of the Court’s orders will apply to you. Once the settlement is final, your claims relating to claims that were or could have been brought in this case will be released and forever barred.

The Court appointed the law firms of CohenMalad, LLP; Stranch, Jennings & Garvey, PLLC; Gibbs Mura LLP; and Ketterer, Browne & Associates, LLC to represent you and other Class Members. Together, the lawyers are called Class Counsel. 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.

Class Counsel will ask the Court for attorneys’ fees and expenses of up to 1/3 of the value of the settlement to be paid from the Settlement Fund, plus reimbursement of expenses, and a service award to each of the Class Representatives of up to $5,000, to be paid from the Settlement Fund. The amount of the attorneys’ fees, expenses, and service awards must be approved by the Court.

If you’re a Class Member, you can object to the settlement if you don’t like any part of it. You must state the reasons for your objection and include any evidence, briefs, motions or other materials you intend to offer in support of the objection. The Court will consider your views. To object, you must send a letter stating that you object to Benjamin Sullivan v. Florence Bank. You must include your name, address, telephone number, your signature, and the reasons you object to the settlement, along with any evidence or legal argument that supports your objection. You must mail the objection to the following address postmarked no later than December 12, 2026:

Sullivan v. Florence Bank Objections

P.O. Box 301130

Los Angeles, CA 90030-1130

The Court will hold a Final Approval Hearing on December 15, 2026, at 2:00 p.m. at Hampshire Superior Court, 15 Gothic Street, Northampton, Massachusetts 01060, or by telephonic or videoconference, which will be listed on the settlement website. At this hearing, the Court will consider whether the settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. The Court will listen to people who have asked to speak at the hearing and complied with question 16 below. The Court may also decide how much to pay Class Counsel. After the hearing, the Court will decide whether to approve the settlement. We do not know how long these decisions will take. You are not required to attend this hearing.

No. You are welcome to come at your own expense if you wish, but Class Counsel will answer questions the Court may have. If you send an objection, you don’t have to come to Court to talk about it. As long as you mailed your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, but it’s not necessary.

You may ask the Court for permission to speak at the Final Approval Hearing. To do so, you must send a letter stating that it is your “Notice of Intention to Appear in Benjamin Sullivan v. Florence Bank.” You must include your name, address, telephone number, your signature, and any evidence you intend to use at the hearing. Your Notice of Intention must be postmarked no later than December 12, 2026, and be sent to the address listed under question 13 of this notice. If you hire a lawyer to speak for you, he or she must also comply with the requirements of this paragraph and must file an appearance in accordance with the applicable rules of the Court.

If you do nothing, you will be a part of this settlement, and you will be provided the payments provided by the settlement once it becomes final. In exchange for the payment, you won’t be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against the Defendant relating to the claims released in the Settlement Agreement.

This notice summarizes the proposed settlement. More details, including the Settlement Agreement, are available under the Case Documents tab. You can also call toll-free 1-888-808-3240.  Be sure to state that you are calling about the Sullivan v. Florence Bank settlement.