1. WHY WAS THE NOTICE ISSUED?
2. WHAT IS A CLASS ACTION?
3. IS THERE ANY MONEY AVAILABLE NOW?
4. WHAT IS THIS LAWSUIT ABOUT?
5. WHAT IS PLAINTIFF ASKING FOR?
6. WHAT DOES FCTI?
7. HAS THE COURT DECIDED WHO IS RIGHT?
8. HOW DO I KNOW IF I AM PART OF THIS?
9. I’M STILL NOT SURE IF I AM INCLUDED IN THE CLASS?
10. WHAT HAPPENS IF I DO NOTHING AT ALL?
11. WHAT HAPPENS IF I EXCLUDE MYSELF?
12. HOW DO I REQUEST TO BE EXCLUDED?
13. DO I HAVE A LAWYER IN THIS CASE?
14. HOW WILL LAWYERS BE PAID?
15. MAY I GET MY OWN LAWYER?
16. HOW AND WHEN WILL THE COURT DECIDE WHO IS RIGHT?
17. DO I HAVE TO ATTEND THE TRIAL?
18. WILL I GET MONEY AFTER THE TRIAL?
19. ARE MORE DETAILS AVAILABLE?
A Court has established, or “certified,” this case as a class action lawsuit. If you are a Class member, you have legal rights and options before the Court decides whether the claims being made on your behalf are correct. The notice explains all of these things.
Judge Jed S. Rakoff, of the United States District Court for the Southern District of New York (the “Court”), is currently overseeing this case. The case is known as Polvay v FCTI, Inc., Case No.: 1:22-CV-04315-JSR. The person who sued is called the Plaintiff. The entity he is suing, FCTI, is called the Defendant.
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In a class action, one or more people called “Class Representative” (in this case, Jerome Polvay) sue on behalf of people who have similar claims. All these people are a “Class” or “Class members.” One court resolves the issues for all Class members, except for those who exclude themselves from the Class.
The Court decided that the legal claims in this lawsuit can proceed as a class action.
More information about why the Court is allowing these legal claims to proceed as a class action is in the Court’s Opinion & Order certifying the Class, which you may view on the Important Documents page.
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No. The Court has not decided whether FCTI did anything wrong, nor whether any Class members are entitled to relief, so there is no money or benefits available to the Class and no guarantee that there ever will be. If money or benefits become available, Class members may be provided options to elect the form of payment, such as digital payment or check. If so, you will be notified of any additional optional steps you may take. You can stay informed of the progress of this case by visiting this website or by calling toll-free 866-221-3101.
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In this lawsuit, Plaintiff claims that FCTI improperly transmitted two balance inquiry requests to customers’ banks when only a single balance inquiry was undertaken at its ATM machines located in 7-Eleven stores in New York, resulting in the customers being assessed double out-of-network ATM fees by their banks for a single balance inquiry transaction.
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Plaintiff is asking the Court for monetary damages (money) on behalf of the Class. More information about the lawsuit is in the Complaint, which you may view on the Important Documents page.
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FCTI denies the claims and allegations in the lawsuit. More information about what FCTI says is in its Answers to the Complaints, which you may view on the Important Documents page.
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No. By establishing the Class and issuing this Notice, the Court is not suggesting that Plaintiff will win or lose this case. Plaintiff must prove his case at trial, which is currently set for April 22, 2024.
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The Court certified the following Class:
All holders of a checking account at one, or more Banks who were assessed more than one fee for a balance inquiry during the same visit to a FCTI ATM in the State of New York from May 1, 2018 to November 16, 2021. “Banks” consist of: New York Community Bank, KeyBank, Webster Bank, M&T Bank, TD Bank, Community Bank, Citizens Bank, NBT Bank, Bank of America, and Wells Fargo.
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If you are still not sure whether you are included in the Class, you can email info@FCTIClassAction.com, call toll free 866-221-3101, or write to FCTI Class Action, Notice Administrator, P.O. Box 25224, Santa Ana, CA 92799 for more information.
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If you are a Class member, you must decide whether to stay in the Class or whether to exclude yourself before a possible trial. You have to decide this by April 22, 2024.
If you do nothing, you will stay in the Class. If you stay in, you will be legally bound by all of the decisions that the Court makes, and if Plaintiff obtains money or benefits, you may be entitled to share in those. Regardless of the outcome of the lawsuit, however, you will never be able to sue (or continue to sue) FCTI about the legal claims in this case.
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If you exclude yourself from the Class, and the lawsuit obtains any money or benefits, you will not be eligible to claim any of that money or those benefits. You also will not be legally bound by the Court’s judgments if you exclude yourself. You will be able to sue (or continue to sue) FCTI on your own about the legal claims that are involved in this case, now or in the future, assuming your legal claims are not time-barred (you should consult your own lawyer to make such a determination).
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To exclude yourself, you must send in a “Request to be Excluded from the Class” in Polvay v FCTI, Inc., Case No.: 1:22-CV-04315-JSR. to FCTI Class Action, Notice Administrator, P.O. Box 25224, Santa Ana, CA 92799 or by email to info@FCTIClassAction.com. Be sure to include your name, address, phone number, email address (if any), last four digits of your member or account number(s), signature, and include a statement indicating a request to be excluded from the class. You must email or mail your Exclusion Request postmarked by April 22, 2024.
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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.
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If Class Counsel obtains money or benefits for the Class, they may ask the Court for attorneys’ fees and expenses. You will not have to pay these attorneys’ fees and expenses. If the Court grants Class Counsel’s request, the attorneys’ fees and expenses will either be deducted from any money obtained for the Class or paid separately by FCTI.
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If you are in the Class, 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.
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If the case is not dismissed or settled, Plaintiff will have to prove his legal claims at a trial. Trial has been set for April 22, 2024. During the trial, the judge and/or jury will hear evidence in order to determine whether Plaintiff or FCTI is right about the legal claims in the lawsuit. There is no guarantee that Plaintiff will win any money or benefits for the Class as a result of a trial.
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You will not need to attend the trial unless you choose to do so or you are asked to attend by the Court. You and/or your own lawyer are welcome to attend, at your own expense. Check this website or call 866-221-3101 and ask to be kept informed of the trial schedule.
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If Plaintiff obtains money or benefits as a result of the trial, you will be notified about how to submit a claim form to participate (if necessary). Currently, the trial date is set for April 22, 2024. It is unknown how long this will take. Information will be posted on this website as it becomes available. You can access the website whether you stay in the lawsuit or exclude yourself.
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Visit this website where you will find, the Complaint, and FCTI’s Answer to the Complaint, the Opinion and Order certifying the Class, the Opinion and Order denying FCTI’s motion for summary judgment, as well as any other documents the Court may require. For more information, you may also call toll-free at 866-221-3101, email at info@FCTIClassAction.com, or write to FCTI Class Action, Notice Administrator, P.O. Box 25224, Santa Ana, CA 92799.
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