Levy v. Westfield Bank

The United States District Court for the District of Massachusetts authorized the mailing of a Notice to inform you about the proposed Settlement and your rights and options prior to the time when the Court decides whether to grant final approval of the Settlement. The Notice explains the lawsuit, the Settlement, your legal rights, the benefits that are available, who is eligible for those benefits, and how to acquire them.

The case is known as Matthew Levy, et al. v. Westfield Bank, Case No. 3:24-cv-30004-MGM (the “Action”). The Hon. Mark G. Mastroianni is overseeing this class action. The people who filed this lawsuit are called the “Plaintiffs” and the entity they sued, Westfield Bank, is called the “Defendant.”

The Plaintiffs alleged that people with accounts with Westfield Bank were improperly charged overdraft fees and/or non-sufficient funds fees on (i) ACH transactions that were resubmitted by a merchant after the initial request for payment was declined, and/or (ii) debit card transactions that were authorized with a positive account balance and settled with a negative account balance. The Plaintiffs claimed that this conduct breached Westfield Bank’s account agreement with customers. The Defendant denies these and all other claims made in the Action. By entering into the Settlement, the Defendant is not admitting that it did anything wrong.

In a class action, one or more people, called the Settlement Class Representatives, sue on behalf of all people who have similar claims. Together, all of these people are called a Settlement Class or Settlement Class Members. One court resolves all of the issues for all Settlement Class Members, except for those Settlement Class Members who exclude themselves from the Settlement Class.

The Settlement Class Representatives and the Defendant do not agree about the claims made in this Action. The Action has not gone to trial and the Court has not decided in favor of either the Settlement Class Representatives or the Defendant. Instead, the Settlement Class Representatives and the Defendant have agreed to settle the Action. The Settlement Class Representatives and their lawyers believe the Settlement is in the best interest of all Settlement Class Members because of the risks associated with continued litigation, the prolonged nature of litigation, and the defenses raised by the Defendant. The Defendant denies that it did anything wrong and believes that its defenses to the claims would succeed, but the Defendant nevertheless has agreed to settle this Action to avoid the burden, expense, risk, and uncertainty of continuing the litigation.

You received the Notice because the Defendant’s records indicate that you are a Settlement Class Member. You are included in the Settlement Class as a “Settlement Class Member” if you have or had an account with Westfield Bank, and were charged overdraft fees and/or non-sufficient funds fees on (i) ACH transactions that were resubmitted by a merchant after the initial request for payment was declined, between July 29, 2016, and June 30, 2020, and/or (ii) debit card transactions that were authorized with a positive account balance and settled with a negative account balance, between June 10, 2016, and July 9, 2024.

The Defendant has agreed to pay a total Settlement Amount of $510,000. The Settlement Amount will be distributed to Settlement Class Members after deducting the cost of settlement administration and taxes, any court-approved attorneys’ fees and costs, and any service awards made to the Settlement Class Representatives.

Your share of the Settlement Amount will depend on, among other things: (i) the number of fees that you paid; (ii) the amount of settlement administration costs, including the costs of notice; (iii) the amount awarded by the Court for attorneys’ fees and costs and as service awards to the Settlement Class Representatives; and (iv) the number of Class Members who exclude themselves from the Class.

If the Settlement is approved and becomes effective, you will receive a Settlement payment in one of two ways within 60 days of the date that the Settlement becomes effective. (1) If the account on which the relevant fee(s) was assessed is still active, you will receive a direct deposit to that account. (2) If the account on which the relevant fee(s) was assessed is no longer active, you will receive a check that will be mailed to the same address as the Notice. If you have moved since you closed your account or move before you receive your Settlement payment, you will need to notify the Settlement Administrator in writing of your new address.

If you are a Settlement Class Member and you do not exclude yourself, you are choosing to remain in the Class. If the Settlement is approved and becomes effective, all of the Court’s orders will apply to you and legally bind you. You won’t be able to sue, continue to sue, or be part of any other lawsuit against the Defendant and/or the Released Parties about the legal issues released by the Settlement.

The Released Parties are Westfield Bank, and each of its parents, subsidiaries, affiliates, officers, directors, employees, attorneys, shareholders, agents, assigns, and third-party suppliers and vendors.

The Released Claims are any claim, right, demand, charge, suit, matter, damage, loss, complaint, action, cause of action, obligation, or liability of any and every kind and description, from the beginning of the world until the date the Settlement Agreement was entered, that arises out of common law, state law, or federal law, whether by Constitution, statute, contract, common law, or equity, whether known or unknown, suspected or unsuspected, asserted or unasserted, apparent or unapparent, matured or unmatured, disclosed or undisclosed, accrued or unaccrued, latent or patent, foreseen or unforeseen, actual or contingent, liquidated or unliquidated, that were or could have been asserted in the Action, or which could be raised in the future, in any court, tribunal, forum, or proceeding, arising out of, in connection with, or relating in any way to the allegations made in the Action or the underlying facts and circumstances, including, but not limited to, that Westfield was allegedly assessing improper fees on Accounts.

Yes. The Court has appointed KalielGold PLLC, Tanowitz Law Group, P.C., and Gibbs Law Group LLP as Settlement Class Counsel to represent Settlement Class Members for the purposes of this Settlement. You may hire your own lawyer at your own cost and expense if you want someone other than Settlement Class Counsel to represent you in this Action.

On or before December 9, 2024, Settlement Class Counsel will file a motion asking the Court to award them attorneys’ fees and for reimbursement of costs. If awarded, these amounts will be deducted from the Settlement Amount before making payments to Settlement Class Members. Any amounts awarded by the Court will come out of the Settlement Amount.

On or before December 9, 2024, Settlement Class Counsel will file a motion asking the Court to approve service awards to the Settlement Class Representatives. If awarded, these amounts will be deducted from the Settlement Amount before making payments to Settlement Class Members. Any amounts awarded by the Court will come out of the Settlement Amount.

If you are a Settlement Class Member and want to keep any right you may have to sue or continue to sue the Defendant or the Released Parties on your own based on the claims raised in this Action or released in this Settlement, then you must take steps to exclude yourself from the Settlement. This is called “opting out” of the Settlement. If you do not opt out of the Settlement in a timely manner, your claims raised in this Action will be forever barred.

To opt out of the Settlement, you must send the Settlement Administrator a notice of intention to opt out that is signed by everyone named on your account. The notice must clearly indicate your intent not to participate in the Settlement, for example, by containing the words “opt out,” “exclusion,” or words to that effect. The notice also must include your name, address, and telephone number. If there is more than one account holder on your Westfield Bank account, all account holders must sign the notice for the opt out to be effective. You may not opt out any other person (including any group, aggregate, or class) from the Settlement. You may send your opt out notice to the Settlement Administrator by U.S. Mail or submit a request to opt out of the Settlement online here. Opt out requests must be postmarked or submitted no later than December 30, 2024.

Mail your notice to the Settlement Administrator at the address below, postmarked no later than December 30, 2024:

Levy v. Westfield Bank
Settlement Administrator
P.O. Box 4374
Portland, OR 97208-4374

You cannot exclude yourself by telephone or by email.

No. If you exclude yourself, you are telling the Court that you don’t want to be part of the Settlement. You only will receive a Settlement payment if you stay in the Settlement.

No. Unless you exclude yourself, you give up any right to sue the Defendant or the Released Parties for the claims that this Settlement resolves. You must exclude yourself from this Action to start or continue with your own lawsuit or to participate in any other lawsuit against the Defendant or the Released Parties that involve Released Claims. If you have a pending lawsuit, speak to your lawyer in that case immediately.

If you are a Settlement Class Member, you can tell the Court that you do not agree with all or any part of the Settlement, the request for an award of attorneys’ fees and costs and/or the request for service awards to the Settlement Class Representatives. You can provide reasons why you think the Court should not approve the Settlement, the request for attorneys’ fees and costs, and/or the request for service awards. To object, you must mail a written objection stating your objection and the grounds on which it is based. Be sure to include: (a) your name, address, telephone number, and signature; (b) a detailed statement containing all of the bases for your objection(s); (c) documents sufficient to prove your membership in the Settlement Class; (d) copies of any documents you wish the Court to consider; and (e) if you are represented by counsel concerning your objection(s), the name of your counsel. You must mail copies of the objection to ALL the addresses listed below, postmarked by December 30, 2024:

Objecting is simply telling the Court that you do not like something about the Settlement. You can object only if you stay in the Settlement Class (that is, do not opt out). If you opt out of the Settlement, you cannot object to the Settlement because it no longer affects you.

The Court will hold a Final Approval Hearing on January 16, 2025, at 2:00 p.m. before The Honorable Mark G. Mastroianni, District Judge, United States District Court for the District of Massachusetts, United States District Court for the District of Massachusetts, 300 State Street, Springfield, MA 01105.

At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate and whether to approve the Settlement. If there are objections, the Court will consider them, and the Court will listen to people who have asked to speak at the hearing. The Court also may decide how much to award Settlement Class Counsel for attorneys’ fees and costs, and whether to make service awards to the Settlement Class Representatives.

No. Settlement Class Counsel will answer any questions the Court may have. However, you are welcome to attend at your own expense. If you send an objection, you do not have to come to Court to talk about it. As long as you mail your written objection on time, the Court will consider it.

Yes. If you wish to attend and speak at the Final Approval Hearing, you must indicate this in your written objection (see FAQ 18). Your objection must state that it is your intention to appear at the Final Approval Hearing and must identify any witnesses you may call to testify or exhibits you intend to introduce into evidence at the Final Approval Hearing. If you plan to have your attorney speak for you at the Final Approval Hearing, your objection must also include your attorney’s name, address, and phone number.

If you are a Settlement Class Member and you do nothing, you will receive a Settlement payment if the Settlement becomes effective. You also will give up rights explained in FAQ 9, FAQ 10, and FAQ 11, including your right to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against the Defendant and the Released Parties about the legal issues in this Action and released by the Settlement.

The Notice and this website summarize the proposed Settlement. Complete details are provided in the Settlement Agreement. The Settlement Agreement and other related documents are available on the Important Documents page of this website, by calling 202-350-4783, or by writing to Levy v. Westfield Bank Settlement Administrator, P.O. Box 4374, Portland, OR 97208-4374. Publicly filed documents also can be obtained by visiting the office of the Clerk of the United States District Court for the District of Massachusetts or reviewing the Court’s online docket.

If you have questions, you may contact Settlement Class Counsel at:

Sophia Gold
KalielGold PLLC
1100 15th Street, NW
4th Floor
Washington, D.C. 20005
202-350-4783

Please do not contact the Court regarding the Notice or this website. The Court cannot answer any questions.