Welcome to the Trevino v. Westamerica Bank Settlement
Case Information Website
This Homepage summarizes the Settlement involved in the Trevino v. Westamerica Bank Settlement. Please read the Court documents in their entirety for complete information.
The settlement, if approved by the Court, will resolve a class action lawsuit - Trevino v. Westamerica Bank - in which a Westamerica customer ("Trevino") alleges that certain Westamerica customers were charged more overdraft fees than they would otherwise have paid because Westamerica posted their debit transactions to their accounts in "high to low" order, and not in the manner customers expected. Westamerica denies that it did anything wrong and that a class action against it could proceed to trial. Nevertheless, subject to approval by the Court, and without admitting that it did anything wrong, Westamerica has agreed with Trevino and her counsel to settle the class action lawsuit.
Under the settlement, checking account customers (not including customers with only a business account) who were assessed more than one overdraft fee for a single day's posting activity on at least one occasion between July 1, 2006 and April 30, 2011 will receive a cash award, and the bank will change its overdraft practices in certain ways for at least one year.
You do not need to file a claim form to be eligible for any benefits; the cash award will be made to you as long as you do not "exclude" yourself from the class action, and if the court approves the settlement.
Your legal rights are affected whether or not you act. So please read this website carefully.