Lee v Canandaigua National Bank

If you have or had a checking account with Canandaigua National Bank (“Defendant”) and you were charged certain overdraft or NSF fees between May 21, 2014, and September 5, 2022, then you may be entitled to a payment from a class action settlement.

The lawsuit that is being settled is entitled Lee v. Canandaigua National Bank & Trust. It is pending in the New York State Supreme Court, Monroe County, Case No. E202105065. The case is a “class action.” That means that the “Class Representatives,” Michael Lee and Marnetta Broyld, are individuals who are acting on behalf of current and former customers who were assessed certain Overdraft and NSF fees (“Relevant Fees”) between May 21, 2014, and September 5, 2022. The Class Representatives have asserted a claim for breach of the Account agreement and violation of consumer protection laws.

CNB does not deny it charged the fees the Class Representatives are complaining about, but contends it did so properly and in accordance with the terms of its agreements and applicable law. CNB therefore denies that its practices give rise to claims for damages by the Class Representatives or any Settlement Class Members.

Your Legal Rights and Options in This Lawsuit

Do Nothing	Do nothing and you will receive a payment according to the terms of this Settlement
Exclude Yourself May 1, 2024	You can choose to exclude yourself from the settlement or “opt out.” This means you choose not to participate in the settlement. You will keep your individual claims against CNB, but you will not receive a payment for Relevant Fees and/or forgiveness of Uncollected Fees. If you exclude yourself from the settlement but want to recover against CNB, you will have to file a separate lawsuit or claim.
Object to the Settlement June 1, 2024	You can file an objection with the Court explaining why you believe the Court should reject the settlement. If your objection is overruled by the Court, then you may receive a payment and/or forgiveness of Uncollected Fees and you will not be able to sue CNB for the claims asserted in this litigation. If the Court agrees with your objection, then the settlement may not be approved.