Esposito v. Deatrick & Spies, P.S.C., 2015 WL 390392 (N.D.N.Y. Jan. 28, 2015)
The parties reached a settlement of this action in the United States District Court for the Northern District of New York, resulting in cash payments to each participating Class member of $250. Lead Plaintiff Gerald Esposito alleged that Deatrick & Spies, PSC violated the Electronic Fund Transfer Act, 15 U.S.C. §1693, et seq. (the “EFTA”), by entering into written agreements with consumers that contained provisions constituting waivers of their rights under the EFTA and the regulations promulgated by the Consumer Financial Protection Bureau.
The Class includes all persons throughout the United States who, between November 13, 2012 and November 12, 2013, signed an ACH Agreement with Deatrick & Spies, PSC containing the following language: “I understand that said credit and/or debit entries will be initiated without prior notice to me” and/or “This authority is to remain in force and effect until COMPANY has received written notification from me (or either of us) of its termination in such time and in such manner as to afford the COMPANY and DEPOSITORY a reasonable opportunity to act on it.” Excluded from the Class are: (a) persons who submit valid and timely requests for exclusion from the Class; and (b) Defendant, the officers and directors of Defendant, members of their immediate families and their legal representatives, heirs, successors or assigns and any entity in which Defendant has or had a controlling interest.
The settlement was preliminarily approved by the Court on September 30, 2014. The Court granted final approval of the settlement on January 28, 2015.
If you have any questions about the settlement or the litigation, please contact James L. Davidson at (561) 826-5477.