Frequently Asked Questions

In the lawsuit, the Plaintiff alleges that Sharon & Crescent United Credit Union assessed supposedly improper APPSN Fees between December 7, 2016, and April 18, 2023 and Retry NSF Fees between December 7, 2016, and October 31, 2021.

The lawsuit being settled is entitled Suzanne Dos Santos Pais v. Sharon & Crescent United Credit Union, Civil Action No. 1:24-cv-12954-GAO pending in the United States District Court for the District of Massachusetts. The lawsuit is a “class action.” That means that the “Class Representative,” Suzanne Dos Santos Pais, is an individual who is acting on behalf of current and former members who were assessed supposedly improper APPSN Fees between December 7, 2016 and April 18, 2023 and Retry NSF Fees between December 7, 2016, and October 31, 2021. The Class Representative has asserted claims for breach of contract, including breach of the implied covenant of good faith and fair dealing, and violation of the Massachusetts Consumer Protection Act, M.G.L. c. 93A.

Defendant denies any and all liability to Plaintiff and the members of the Settlement Classes in the Action, and believes it would ultimately be successful in its defense of all claims asserted in the Action, but nevertheless desires to settle the Action, and all claims that could have been alleged therein, on the terms set forth in this Agreement solely for the purpose of avoiding the burden, expense, risk, and uncertainty of continuing these proceedings.

You received Notice because Defendant’s records indicate that you were charged one or more overdraft fees or NSF fees that are the subject of this action. The Court directed that Notice be sent to all Class Members because each such member has a right to know about the proposed settlement and the options available to him or her before the Court decides whether to approve the settlement.

In any lawsuit, there are risks and potential benefits that come with a trial versus settling at an earlier stage. It is the Class Representative’s and her lawyers’ job to identify when a proposed settlement offer is good enough that it justifies recommending settling the case instead of continuing to trial. In a class action, the Class Representative’s lawyers, known as Class Counsel, make this recommendation to the Class Representative. The Class Representative has the duty to act in the best interests of the class as a whole and, in this case, it is her belief, as well as Class Counsel’s opinion, that this settlement is in the best interest of all Class Members.   

There is legal uncertainty about whether a judge or a jury will find that Defendant was contractually and otherwise legally obligated not to assess the fees at issue. And even if it was contractually wrong to assess these fees, there is uncertainty about whether the Class Representative’s claims are subject to other defenses that might result in no or less recovery to Class Members. Even if the Class Representative was to win at trial, there is no assurance that the Class Members would be awarded more than the current settlement amount, and it may take years of litigation before any payments would be made. By settling, the Class Members will avoid these and other risks and the delays associated with continued litigation.

While Defendant disputes the allegations in the lawsuit and denies any liability or wrongdoing, it enters into the settlement solely to avoid the expense, inconvenience, and distraction of further proceedings in the litigation. 

If you received Notice, then Defendant’s records indicate that you are a Class Member who is entitled to receive a payment or credit to your account.

You have three options: (1) do nothing and you will receive a payment according to the terms of this settlement; (2) exclude yourself from the settlement (“opt out” of it); or (3) participate in the settlement but object to it. Each of these options is described in a separate section below. 

There is no deadline to receive a payment. If you do nothing, then you will get a payment. 

The deadline for sending a letter to exclude yourself from or opt out of the settlement is August 25, 2025.

The deadline to file an objection with the Court is also August 25, 2025.

If you do not like the settlement and you believe that you could receive more money by pursuing your claims on your own (with or without an attorney that you could hire) and you are comfortable with the risk that you might lose your case or get less than you would in this settlement, then you may want to consider opting out.

If you believe the settlement is unreasonable, unfair, or inadequate and the Court should reject the settlement, you can object to the settlement terms. The Court will decide if your objection is valid. If the Court agrees, then the settlement may not be approved, and no payments will be made to you or any other Class Member. If your objection (and any other objection) is overruled, and the settlement is approved, then you may still get a payment and/or forgiveness of Overdraft Forgiveness and will be bound by the settlement.

If you want to participate in the settlement, then you don’t have to do anything; you will receive a payment if the settlement is approved by the Court.

The Court has to decide that the settlement is fair, reasonable, and adequate before it will approve it. The Court already has decided to provide Preliminary Approval of the Settlement, which is why you received a Notice. The Court will make a final decision regarding the settlement at a “Fairness Hearing” or “Final Approval Hearing,” which is currently scheduled for October 8, 2025.

Defendant has agreed to create a Settlement Fund of $725,000. It will also provide Overdraft Forgiveness, as defined in the Agreement.

As discussed separately below, attorneys’ fees, litigation costs, and the costs paid to a third-party Claims Administrator to administer the settlement (including mailing and emailing Notice) will be paid out of the Settlement Fund. The Net Settlement Fund will be divided among all Class Members entitled to Class Member payments based on formulas described in the Agreement. 

Class Counsel will request the Court to approve attorneys’ fees of not more than $241,642.50, equal to 33 1/3% of the Value of the Settlement and will request that it be reimbursed for litigation costs incurred in prosecuting the case. The Court will decide the amount of the attorneys’ fees and costs based on a number of factors, including the risk associated with bringing the case on a contingency basis, the amount of time spent on the case, the amount of costs incurred to prosecute the case, the quality of the work, and the outcome of the case.

Class Counsel will request that the Class Representative be paid a Service Award in the amount of $5,000 for her work in connection with this case. The Service Award must be approved by the Court.

The balance of the Settlement Fund after attorneys’ fees and costs, the Service Awards, and the Claims Administrator’s fees, also known as the Net Settlement Fund, will be divided among all Class Members entitled to Class Member payments in accordance with the formulas outlined in the Agreement. Current members of Defendant will receive a credit to their accounts for the amount they are entitled to receive. Former members of Defendant shall receive a check from the Claims Administrator. Class Members entitled to Overdraft Forgiveness shall receive this benefit automatically.

No. If you received Notice, then you may be entitled to receive a Class Member payment and/or Overdraft Forgiveness without having to make a claim, unless you choose to exclude yourself from the settlement, or “opt out.”

The Court will hold a Final Approval Hearing on October 8, 2025, at 11:00 a.m. to consider whether the settlement should be approved. If the Court approves the settlement, then payments should be made, or credits should be issued within 15 days of the Effective Date. However, if someone objects to the settlement, and the objection is sustained, then there is no settlement. Even if all objections are overruled and the Court approves the settlement, an objector could appeal, and it might take months or even years to have the appeal resolved, which would delay any payment. 

If you do not want to receive a payment or if you want to keep any right you may have to sue Defendant for the claims alleged in this lawsuit, then you must exclude yourself, or “opt out.”

To opt out, you must send a letter to the Claims Administrator stating that you want to be excluded. Your letter can simply state “I hereby elect to be excluded from the settlement in the Suzanne Dos Santos Pais v. Sharon & Crescent United Credit Union class action.” Be sure to include your name, the last four digits of your account number(s) or former account number(s), address, telephone number, and email address. Your exclusion or opt-out request must be postmarked by August 25, 2025, and sent to:

Pais v. Sharon & Crescent United Credit Union Claims Administrator
Attention: Exclusion

P.O. Box 301134

Los Angeles, CA 90030-1134

If you opt out of the settlement, you will preserve and not give up any of your rights to sue Defendant for the claims alleged in this case. However, you will not be entitled to receive a payment from the settlement.

You can object to the settlement or any part of it that you do not like IF you do not exclude yourself, or opt out, from the settlement. (Class Members who exclude themselves from the settlement have no right to object to how other Class Members are treated.) To object, you must send a written document by mail or private courier (e.g., Federal Express) to the Claims Administrator at the address below. Your objection must include the following information:

• A statement of your intention to object to the settlement in the Suzanne Dos Santos Pais v. Sharon & Crescent United Credit Union class action;
• Your name, address, telephone number, the last four digits of your account number or former account number, and the contact information for any attorney you have retained in connection with this case; 
• A statement of the factual and legal basis for each objection and any exhibits you wish the Court to consider in connection with the objection;

• A statement as to whether you intend to appear at the Final Approval Hearing, either in person or through an attorney, and, if through an attorney, identifying the attorney by name, address, and telephone number; and
• Your signature.

All objections must be postmarked no later than August 25, 2025, and must be mailed to the Claims Administrator as follows:

Pais v. Sharon & Crescent United Credit Union Claims Administrator

Attention: Objections

P.O. Box 301134

Los Angeles, CA

Objecting is telling the Court that you do not believe the settlement is fair, reasonable, and adequate for the Class Members, and asking the Court to reject it. You can object only if you do not opt out of the settlement. If you object to the settlement and do not opt out, then you are entitled to a Class Member payment and/or forgiveness of Overdraft Forgiveness if the settlement is approved, but you will release claims you might have against Defendant. Excluding yourself or opting out is telling the Court that you do not want to be part of the settlement, and do not want to receive a Class Member payment or Overdraft Forgiveness, or release claims you might have against Defendant for the claims alleged in this lawsuit.

If the Court sustains your objection, or the objection of any other Class Member, then there is no settlement. If you object, but the Court overrules your objection and any other objection(s), then you will be part of the settlement.

The Court will hold a Final Approval or Fairness Hearing at 11:00 a.m. on October 8, 2025, at the John Joseph Moakley U.S. Courthouse, which is located at 1 Courthouse Way, Boston, MA 02210, in Courtroom 22. At this hearing, the Court will consider whether the settlement is fair, reasonable and adequate. If there are objections, the Court will consider them. The Court may also decide how much to award Class Counsel for attorneys’ fees and litigation costs and the amount of the Service Award to the Class Representative. The hearing may be virtual, in which case the instructions to participate shall be posted on this website.

No. Class Counsel will answer any questions the Court may have. You may attend if you desire to do so. If you have submitted an objection, then you may want to attend. 

If you have objected, you may ask the Court for permission to speak at the Final Approval Hearing. To do so, you must include with your objection, described in Question 18, above, the statement, “I hereby give notice that I intend to appear at the Final Approval Hearing.”

The Court ordered that the lawyers and their law firms referred to in this Notice as “Class Counsel” will represent you and the other Class Members. 

No. Class Counsel will be paid directly from the Settlement Fund.  

The Court will be asked to approve the amount of attorneys’ fees at the Final Approval Hearing. Class Counsel will file an application for attorneys’ fees and costs and will specify the amount being sought as discussed above. You may review a physical copy of the fee application at the website established by the Claims Administrator.

GETTING MORE INFORMATION

This Notice only summarizes the proposed settlement. More details are contained in the Settlement Agreement, which can be viewed/obtained online at www.DSPCreditUnionSettlement.com.

For additional information about the settlement and/or to obtain copies of the Settlement Agreement, or to change your address for purposes of receiving a payment, you should contact the Claims Administrator as follows:

Pais v. Sharon & Crescent United Credit Union Claims Administrator

P.O. Box 301134

Los Angeles, CA 90030-1134

For more information, you also can contact the Class Counsel and Defense Counsel as follows:

KALIEL GOLD, PLLC

Sophia Goren Gold, Esq.

1100 15^th Street NW, 4^th Floor

Washington, DC 20005

Email: [email protected]

K&L GATES LLP

Christopher J. Valente

1 Congress Street, Suite 2900

Boston, MA 02114

PLEASE DO NOT CONTACT THE COURT OR ANY REPRESENTATIVE OF DEFENDANT CONCERNING THIS NOTICE OR THE SETTLEMENT.