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Swift v. BancorpSouth Litigation.

BACKGROUND OF THE CASE

This lawsuit was filed by Plaintiff Shane Swift against Defendant BancorpSouth Bank (“BancorpSouth”) on May 18, 2010. Plaintiff alleges that BancorpSouth, when it posted debit-card and ATM transactions to consumer accounts, re-sequenced those transactions from highest to lowest dollar amount and thereby increased the number of overdraft transactions and, consequently, the number of overdraft fees incurred by members of the Class. Plaintiff initially asserted that these practices violated the following laws: breach of contract/breach of the duty of good faith and fair dealing; unconscionability; conversion; unjust enrichment; and violation of the Arkansas Deceptive Trade Practices Act. Plaintiff is no longer pursuing a conversion claim, and is pursuing the following claims for BancorpSouth account holders in the following states:

Alabama: good faith and fair dealing; unconscionability
Arkansas: good faith and fair dealing; unjust enrichment; unconscionability; Arkansas Deceptive Trade Practices Act
Florida: good faith and fair dealing; unconscionability
Louisiana: unconscionability
Mississippi: good faith and fair dealing; unjust enrichment; unconscionability
Missouri: unconscionability
Tennessee: good faith and fair dealing; unconscionability
Texas: unconscionability

Plaintiff's decisions regarding which claims to assert will bind class members. The lawsuit seeks monetary and declaratory relief from BancorpSouth. Any settlement or judgment Plaintiff obtains against BancorpSouth will entitle class members to relief.

BancorpSouth denies all allegations of wrongdoing, is defending against the lawsuit, and opposes the relief Plaintiff is seeking. If BancorpSouth successfully defends the lawsuit, the result will also bind class members.

On May 4, 2012, the Court certified this case to proceed as a class action on behalf of the Class. All pretrial discovery has been completed. Plaintiff and BancorpSouth have filed motions for summary judgment, which are awaiting ruling by the Court. The Court's rulings on the summary judgment motions could affect which of Plaintiff's claims will go to trial and could result in the dismissal of the case. These rulings will bind class members. No trial date has been set, and the court that will conduct the trial of this case has not been determined.

This background is only a summary of the claims asserted. More information regarding the claims and defenses asserted by Plaintiff and BancorpSouth can be found in pleadings, motions, and other documents, which the parties filed with the court. Many of these items are posted on this website under “Important Documents”. You may ask to examine and copy all information in the Court file at any time during regular office hours in the office of the Clerk of the United States District Court for the Southern District of Florida, Miami Division, the Court where this case is currently pending, at 400 North Miami Avenue, Miami, Florida 33128.

The Court designated Shane Swift as representative of the Class. The Court appointed the following law firms as Class Counsel: Bruce S. Rogow, P.A.; Podhurst Orseck, P.A.; Grossman Roth, P.A.; Lieff Cabraser Heimann & Bernstein, LLP; Treif & Olk; Webb Klase & Lemond, L.L.C.; Golomb & Honik, P.C.; Baron & Budd, P.C.; Kopelowitz Ostrow, P.A.; and Chitwood Harley Harnes, LLP.

IMPORTANT NOTE

If you receive a Class Notice in the mail, Class Counsel and their expert have already identified you for inclusion in the Class in this lawsuit. You may have previously received a postcard or email (or viewed a newspaper advertisement) in or about April 2012, notifying you of a proposed class action settlement in a lawsuit called Melvin L. Thomas III and Billy D. Lawson, Jr., et al. v. BancorpSouth Bank and BancorpSouth, Inc., Case No. 1:2012-cv-1016, United States District Court for the Western District of Arkansas (“Thomas Lawsuit”). The Thomas Lawsuit was dismissed and the settlement announced in that case was terminated. As a result of that dismissal, none of the events that occurred in the Thomas Lawsuit impact your legal rights and options discussed in this Class Notice. Not all individuals who were sent or viewed the settlement class notice regarding the Thomas Lawsuit qualify for inclusion in the Class in this lawsuit.

DO NOT CALL OR WRITE THE COURT OR BANCORPSOUTH CONCERNING THIS NOTICE OR THE LITIGATION. ALL INQUIRIES ABOUT THIS LITIGATION SHOULD BE DIRECTED TO CLASS COUNSEL.

Your Legal Rights and Options in this Case
Do nothing If you do nothing, you will automatically be part of this lawsuit if you are a member of the Class. The Plaintiff and Class Counsel will represent your interests in the prosecution of the claims against Defendant. As a member of the Class, you will not be responsible for any attorneys’ fees or costs except that the trial court may award fees and costs to Class Counsel out of any recovery. Any judgment for or against Plaintiff, or any settlement in this case, will apply to you.
Included in Lawsuit but not Represented by Class Counsel You can elect to be part of this lawsuit, but not be represented by Class Counsel, and instead, either represent yourself or have your own lawyer represent you. You will need to affirmatively enter an appearance in the lawsuit if you choose this option. If you elect to hire your own lawyer, you will be responsible to pay your lawyer's fees and costs.
Exclude yourself This is your only option if you do not want to participate in this litigation. You will not be part of this lawsuit, but you may still bring your own lawsuit at your own expense. By electing to be excluded: (1) you will not share in any potential recovery that might be obtained for the Class as a result of trial or settlement of this lawsuit; (2) you will not be bound by any decision in this lawsuit favorable to the Defendant; and (3) you may present any claims you have against the Defendant by filing your own lawsuit. To opt-out, you must mail or email a written request to BancorpSouth Overdraft Fee Litigation at PO Box 3719 Portland, OR 97208-3719 or info@bancorpsouthoverdraftlitigation.com. The request must be postmarked or emailed on or before July 16, 2013, and must include your full name, account number, address, signature, and a statement that you wish to be excluded from the Class.