Fuentes, et al. v. UniRush, LLC, et al.

Case No. 1:15-cv-08372 (S.D.N.Y.)


Important Dates and Documents: 
icon from the Noun Project

Dates

August 30, 2016 - Request for Exclusion from the Settlement Class must be received by this date.

August 30, 2016 - Objection Letter must be filed with the court by this date

August 30, 2016 - Claim Form must be received, if sent by mail, or filed on-line by this date.

September 12, 2016 at 11 a.m. - Fairness Approval Hearing

November 9, 2016

On November 9, 2016, payments were made to Settlement Class Members to reimburse them for all fees assessed on their RushCard accounts by the Rush Defendants during the period of October 12, 2015 through October 31, 2015, to the extent those fees were not previously reimbursed or credited to the Settlement Class Member’s account.

Settlement Class Members who have used their RushCard in the last 90 days received a credit to their RushCard Account.

Checks were sent to Class Settlement Members who have not used their RushCard in the last 90 days.

These payments represent a return of fees assessed only. If you filed a valid claim for losses due to the RushCard service disruption, you will be receiving payment on that claim in the near future.

We cannot provide individual tax advice regarding this distribution. If you have questions regarding the tax treatment of this distribution, please consult your tax advisor.

If you were a RushCard prepaid debit card holder on October 12, 2015, a class action settlement may affect your rights.

Settlement has been reached in a class action lawsuit against UniRush, LLC d/b/a UniRush Financial Services, Rush Communications, LLC, and Rush Communications of NYC, Inc., (the “Rush Defendants”), Meta Financial Group, Inc. and MetaBank (the “Meta Defendants”), and MasterCard Incorporated (collectively “Defendants”).

UniRush, LLC offers the RushCard program to consumers pursuant to an agreement with the card issuer, MetaBank. A subsidiary of MasterCard Incorporated is the processing company for RushCard services. The subsidiary became the new processing company for RushCard services on October 12, 2015. Prior to October 12, 2015, RushCard cardholders were informed there would be a short disruption in service on October 12, 2015 to allow for the conversion to take place.

The lawsuit alleges that holders of RushCard prepaid debit cards experienced a longer than anticipated disruption in service for portions of the period of time between October 12, 2015 and October 31, 2015 (the “Service Disruption”). Defendants deny that they are or can be held liable for the claims made in the lawsuit. The Settlement does not establish who is correct, but rather is a compromise to end the lawsuit.

The lawsuit is called Fuentes, et al. v. UniRush, LLC, et al., Case No. 1:15-cv-08372 (S.D.N.Y.), and is pending in the U.S. District Court for the Southern District of New York.

This settlement encompasses four lawsuits filed against Defendants for claims related to the Service Disruption: Fuentes, et al. v. UniRush, LLC, et al., Case No. 1:15-cv-08372 (S.D.N.Y.); Huff v. UniRush, LLC, et al., Case No. 2:15-cv-02253 (E.D. Cal.); Peterkin v. UniRush, LLC, et al., Case No. 1:15-cv-08573 (S.D.N.Y.); and Jones v. UniRush, LLC, et. al., Case No. 5:15-cv-05996 (E.D. Pa.). While settling the claims of all four class action lawsuits, the Settlement is being processed through the first-filed case, Fuentes, et al. v. UniRush, LLC, et al., Case No. 1:15-cv-08372 (S.D.N.Y.).

The Settlement Class includes all cardholders with an open RushCard account as of October 12, 2015 and who had authorized use of that account at least once during the period of July 14, 2015 through and including October 12, 2015, excluding (a) anyone who terminated or closed their RushCard account prior to October 12, 2015; (b) any Judge or Magistrate presiding over this action and members of their immediate families; (c) the Defendants, the Defendants’ subsidiaries, parent companies, successors, predecessors, and any entity in which the Defendants have a controlling interest, and any of their current or former officers, directors, employees, representatives, managers, members, and any other Person acting for or on behalf of Defendants; (d) Persons who properly execute and file a timely request for exclusion from the Settlement Class; and (e) the legal representatives, successors or assigns of any such excluded Persons.

Settlement Class Members can receive reimbursement of fees and/or a cash payment to compensate for any losses incurred during the Service Disruption.

Settlement Class Members will be reimbursed for all fees assessed on their RushCard accounts by the Rush Defendants during the period of October 12, 2015 through October 31, 2015, to the extent those fees were not previously reimbursed or credited to the Settlement Class Member’s account. Monthly fees assessed for the period of October 1, 2015 through October 31, 2015 will be prorated such that Settlement Class Members will be reimbursed only for the portion of the monthly fees allocable to the period from October 12, 2015 through October 31, 2015.

Settlement Class Members who attempted to use their RushCard or to access their account between October 12, 2015 and October 31, 2015 and who suffered a financial or other loss as a result of the Service Disruption but do not have or do not wish to provide reasonable documentation of losses will be eligible for a payment of $100.00. Payments will be offset by amounts already received from Defendants. In the event that the total amount of timely Approved Claims exceeds $5,000,000.00, then each Approved Claim shall be reduced on a pro rata basis. The Settlement Administrator will post additional information about the payment amount on this website if necessary.

Settlement Class Members who attempted to use their RushCard or to access their account between October 12, 2015 and October 31, 2015 and who suffered a financial or other loss as a result of the Service Disruption and provide reasonable documentation of losses will be eligible for a payment of up to $500.00. Payments will be offset by amounts already received from Defendants. In the event that the total amount of timely Approved Claims exceeds $1,500,000.00 then each Approved Claim shall be reduced on a pro rata basis. The Settlement Administrator will post additional information about the payment amount on this website if necessary.

This Settlement provides for additional benefits which Defendants have provided already to Class Members. These benefits include a Fee Holiday for current cardholders and for certain Class Members a $25.00 statement credit or payment. For more information on the previously provided benefits, please see the settlement agreement.

Defendants have also agreed that, subject to the Court’s approval, the cost of notice and administration of the Settlement, the service awards to the Class Representatives, and Class Counsel’s attorneys’ fees and expenses shall be paid separately, by or on behalf of Defendants.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT

SUBMIT A CLAIM FORM

This is the only way to receive a payment for losses suffered, excluding reimbursement for fees, as a result of the Service Disruption.


EXCLUDE YOURSELF

You will receive no payment, but you will retain any rights you currently have with respect to the Defendants and the issues in this case.


OBJECT

Write to the Court explaining why you don’t like the Settlement.


ATTEND THE HEARING

Ask to speak in Court about the fairness of the Settlement.


DO NOTHING

You will receive reimbursement for all fees assessed on your RushCard account during the period of October 12, 2015 through October 31, 2015, to the extent those fees were not previously reimbursed or credited to your account. Monthly fees assessed for the period of October 1, 2015 through October 31, 2015 will be prorated such that you will be reimbursed only for the portion of the monthly fees allocable to the period from October 12, 2015 through October 31, 2015. With the exception of these reimbursed fees, you will receive no payment under the Settlement and give up your rights with respect to the Defendants about the issues in this case.


These rights and options—and the deadlines to exercise them—are explained in the notice.

The Court in charge of this case still has to decide whether to approve the Settlement. Payments generally will be provided only after any issues with the Settlement are resolved. Please be patient.

Copyright © 2016