Frequently Asked Questions

BASIC INFORMATION

1. WHY DID I GET THE NOTICE?

You received the Long Form Notice because a Settlement has been reached in two class action lawsuits filed in California and New York. You might be a member of the New York Settlement Class or the Nationwide Settlement Class; thus, you may be eligible for the relief detailed below.

This Long Form Notice explains the nature of the Action, the general terms of the proposed Settlement, and your legal rights and obligations. To obtain more information about the Settlement, including information about how you can see a copy of the Settlement Agreement, see Section 19 below.

2. WHAT IS A CLASS ACTION?

In a class action, one or more people called a “Class Representative” (in this case, Andrea Durkee, and Jerome Polvay) sue on behalf of people who have similar claims. For purposes of this proposed Settlement, one court will resolve the issues for all New York Settlement Class Members and Nationwide Settlement Class Members. Since FCTI was the company sued in this Action, it is called the Defendant.

3. WHAT ARE THE LAWSUITS ABOUT?

Two lawsuits were filed against FCTI by Plaintiffs Andrea Durkee and Jerome Polvay (collectively, “Plaintiffs”) alleging that FCTI engaged in unfair business practices and false advertising by improperly transmitting two balance inquiry requests to customers’ banks when only a single balance inquiry was undertaken at its ATM machines located in 7-Eleven stores, resulting in the customers being assessed double out-of-network ATM fees by their banks for a single balance inquiry transaction. FCTI denies that the transmission of two balance inquiries was improper, or that it has done anything wrong. No court has decided which side is right. To learn more about what has happened in this litigation to date, please see Section 19.

4. WHY IS THERE A SETTLEMENT?

Both sides agreed to the Settlement to avoid ongoing litigation costs and going to trial. As a result, the New York Settlement Class Members and Nationwide Settlement Class Members will receive relief now rather than years from now, if at all.

5. HOW DO I KNOW IF I AM PART OF THE SETTLEMENT?

You are a member of the New York Settlement Class if you fit the following description:

You were assessed more than one fee for a balance inquiry, during a single visit to an FCTI ATM in the State of New York from May 1, 2018 to November 16, 2021, during which you used a card issued by one of the following banks and your email or mailing information was available and produced by the bank: New York Community Bank, KeyBank, Webster Bank, M&T Bank, TD Bank, Community Bank of New York, Citizens Bank, NBT Bank, Bank of America, and/or Wells Fargo..

You are a member of the Nationwide Settlement Class if you fit the following description:

You were assessed more than one fee for a balance inquiry, during a single visit to an FCTI ATM from May 1, 2018 to November 16, 2021.

6. WHAT IF I AM STILL NOT SURE IF I AM INCLUDED?

If you are still not sure whether you are included in the New York Settlement Class or Nationwide Settlement Class, you can call toll free (833) 200-7667, or write to FCTI Class Action Settlement, Settlement Administrator, PO Box 25228, Santa Ana, CA 92799 for more information.

THE PROPOSED SETTLEMENT

7. WHAT RELIEF DOES THE SETTLEMENT PROVIDE?

FCTI has agreed to provide $10,000,000 to the Settlement Fund. If you are a New York Settlement Class Member, you will receive $27. If you are a Nationwide Settlement Class Member and you submit a Valid Claim, you will receive up to $15. If funds remain in the Net Settlement Fund after the initial distribution, you will receive a pro-rata share of the remainder of the Net Settlement Fund based on the number of New York Settlement Class Members and Valid Claims submitted by Nationwide Class Members.

YOUR RIGHTS AND OPTIONS

8. WHAT HAPPENS IF I DO NOTHING AT ALL?

If you do nothing and the Court approves the proposed Settlement, you will be releasing your claims against FCTI. This generally means that you will not be able to file a lawsuit, continue prosecuting a lawsuit, or be part of any other lawsuit against FCTI regarding the claims in the Action. The Settlement Agreement, available here.

9. WHAT HAPPENS IF I EXCLUDE MYSELF?

If you exclude yourself from the Settlement, you will be excluded from the New York Settlement Class or Nationwide Settlement Class (depending on which applies to you), you will not receive monetary compensation from the Settlement, you will not be bound by the Judgement entered in the Action, and you will not be precluded from prosecuting any timely, individual claim against FCTI based on the conduct alleged in the Action.

10. HOW DO I REQUEST TO BE EXCLUDED?

To exclude yourself, you must send an opt-out request by U.S. Mail or private courier (e.g., Federal Express) to the Settlement Administrator, stating the wish to be excluded from the Settlement Class. The opt-out request must be personally signed by you and contain your name, postal address, email address (if any), telephone number, last four digits of your current or past account number(s), a brief statement confirming membership in one of the Settlement Class, and a statement that indicates a desire to be excluded from the Settlement Class. The opt-out request must be postmarked by the last day of the Opt-Out Period. If submitted by mail, the opt-out request shall be deemed to have been submitted when posted if received with a postmark date indicated on the envelope if mailed first-class postage prepaid and addressed in accordance with the instructions. If submitted by private courier (e.g., Federal Express), an exclusion request shall be deemed to have been submitted on the shipping date reflected on the shipping label.

The last day of the Opt-Out Period is November 20, 2024. The mailing address of the Settlement Administrator is PO Box 25228, Santa Ana, CA 92799.

11. HOW DO I TELL THE COURT THAT I DISAGREE WITH THE SETTLEMENT?

To object to the Settlement, you must submit the objection no later than the last day of the Objection Period. The objection must be filed with or mailed to the Clerk of the Court and mailed to the Settlement Administrator. If submitted by mail, a written objection shall be deemed to have been submitted when posted if received with a postmark date indicated on the envelope if mailed first-class postage prepaid and addressed in accordance with the instructions. If submitted by private courier (e.g., Federal Express), an objection shall be deemed to have been submitted on the shipping date reflected on the shipping label.

For an objection to be considered by the Court, the objection must also set forth:

1. the name of the Nationwide Action;

2. your full name, address, email address (if any), and telephone number;

3. all grounds for the objection, accompanied by any legal support for the objection known to you or your counsel;

4. the number of times you have objected to a class action settlement within the five years preceding the date that you file the objection, the caption of each case in which you have made such objection, and a copy of any orders related to or ruling on your prior objections that were issued by the trial and appellate courts in each listed case;

5. the identity of all counsel who represent you, including any former or current counsel who may be entitled to compensation for any reason related to the objection to the Settlement or Application for Approval of Attorneys’ Fees, Costs and Service Awards;

6. the number of times in which your counsel and/or counsel’s law firm have objected to a class action settlement within the five years preceding the date of the filed objection, the caption of each case in which counsel or the firm has made such objection and a copy of any orders related to or ruling on counsel’s or the counsel’s law firm’s prior objections that were issued by the trial and appellate courts in each listed case in which your counsel and/or counsel’s law firm have objected to a class action settlement within the preceding five years;

7. any and all agreements that relate to the objection or the process of objecting—whether written or oral—between you or your counsel and any other person or entity;

8. the identity of all counsel (if any) representing you who will appear at the Final Approval Hearing;

9. a list of all persons who will be called to testify at the Final Approval Hearing in support of the objection;

10. a list of all persons who will be called to testify at the Final Approval Hearing in support of the objection;

11. your signature (an attorney’s signature is not sufficient).

The last day of the Objection Period is November 20, 2024. The mailing address of the Settlement Administrator is PO Box 25228, Santa Ana, CA 92799. The mailing address for the Court is 325 South Melrose Drive, Vista, CA 92081.

12. WHAT IS THE DIFFERENCE BETWEEN EXCLUDING MYSELF AND OBJECTING TO THE SETTLEMENT?

Objecting is simply telling the Court that you disagree with something about the Settlement. You can object only if you do not exclude yourself from the Settlement.

Excluding yourself is telling the Court that you do not want to be part of the Settlement. If you exclude yourself, you have no basis to object because the Settlement no longer affects you.

THE LAWYERS REPRESENTING THE CLASS

13. DO I HAVE A LAWYER IN THE CASE?

Yes. The Court appointed Lynch Carpenter, LLP as “Class Counsel.” You do not have to pay Class Counsel. If you want to be represented by your own lawyer and have that lawyer appear in court for you in this case, you may hire one at your own expense.

14. HOW WILL THE LAWYERS BE PAID?

Class Counsel will ask the Court to approve attorneys’ fees and costs of $4,600,000, which will be paid out of the Settlement Fund. You will not be required to pay any attorneys’ fees or costs.

15. MAY I GET MY OWN LAWYER?

You are not required to hire your own lawyer because Class Counsel is working on your behalf. However, if you want your own lawyer, you can hire one at your own expense. For example, you can ask your lawyer to appear in court for you if you want someone other than Class Counsel to speak for you.

FAIRNESS HEARING

16. WHAT IS THE FAIRNESS HEARING?

The Court has preliminarily approved the Settlement and will hold a hearing to decide whether to give final approval to the Settlement. The purpose of the Fairness Hearing will be for the Court to determine whether the Settlement should be approved as fair, reasonable, adequate, and in the best interests of the Settlement Class; to consider the award of attorneys’ fees and expenses to Class Counsel; and to consider the request for Service Awards to the Plaintiffs. At the hearing, the Court will be available to hear any objections and arguments concerning the proposed Settlement. You may attend, but you do not have to attend.

17. WHEN AND WHERE IS THE FAIRNESS HEARING?

On December 20, 2024 at 1:30 p.m. PT, a hearing will be held on the fairness of the proposed Settlement. The hearing will take place before the Hon. Cynthia A. Freeland in Courtroom N-27 of the Superior Court of California, County of San Diego, located at 325 S. Melrose Dr., Vista, CA 92081. The hearing may be postponed to a different date, time, or transferred to a different location without notice. Please check this website for any updates about the Settlement or Fairness Hearing.

18. MAY I SPEAK AT THE HEARING?

You may speak at the Fairness Hearing if: (a) you have timely submitted an objection; and (b) you have timely provided a Notice of Intent to Appear.

If you have requested exclusion from the Settlement, you may not speak at the hearing.

GETTING MORE INFORMATION

19. ARE MORE DETAILS AVAILABLE?

This website and the Notice are a summary of the Settlement. For more details, you can review copy of the Settlement Agreement, the Court’s Preliminary Approval Order, Class Counsel’s application for attorneys’ fees and costs, and the operative Complaint filed in the Action on the Important Documents page. Alternatively, you may contact the Settlement Administrator at the email address: info@FCTIClassAction.com or the U.S. postal (mailing) address: PO Box 25228, Santa Ana, CA 92799.

This description of this Action is general and does not cover all of the issues and proceedings that have occurred. In order to see the complete file, you should visit roa.sdcourt.ca.gov/roa, or the Clerk’s office at 325 South Melrose Dr., Vista, CA 92081. The Clerk will tell you how to obtain the file for inspection and copying at your own expense.

20. WHAT IF MY ADDRESS OR OTHER INFORMATION HAS CHANGED?

It is your responsibility to inform the Settlement Administrator of your updated information. You may do so in the following manner: at the email address: info@FCTIClassAction.com or the U.S. postal (mailing) address: PO Box 25228, Santa Ana, CA 92799.

DO NOT ADDRESS ANY QUESTIONS ABOUT THE SETTLEMENT OR THE LITIGATION TO THE CLERK OF THE COURT OR THE JUDGE, EXCEPT FOR AS PROVIDED ABOVE.