Who qualifies for the Equity Bank overdraft fees class action settlement?

You qualify if you are a current or former Equity Bank accountholder who was charged one or more of the three Challenged Fees during the applicable class period: (1) APSN Fees (Authorize Positive, Settle Negative overdraft fees on debit card transactions) charged between January 1, 2017 and December 7, 2019, or between November 8, 2020 and September 1, 2024; (2) Retry Fees (overdraft or NSF fees on second or third re-presentments of the same item) charged between February 22, 2018 and December 31, 2023; or (3) Sufficient Funds Fees (overdraft fees on a day when the end-of-day balance was not overdrawn) charged between February 2, 2017 and November 21, 2025. Class members typically received a postcard or email notice from the Settlement Administrator.

Do I need to file a claim for the Equity Bank settlement?

No. The Equity Bank settlement requires NO claim form. As long as you do not exclude yourself by the June 7, 2026 deadline and the Court approves the settlement, you will automatically receive your benefit in one of three forms: a check by mail (typically for former customers), an account credit deposited into your existing Equity Bank account (typically for current customers), or forgiveness of unpaid Challenged Fees that were charged but not collected. The Settlement Administrator (Verita Global) determines distribution method and amount based on Equity Bank's records.

What are APSN Fees and why does Equity Bank's settlement cover them?

APSN stands for 'Authorize Positive, Settle Negative.' APSN Fees are overdraft fees charged on a debit card transaction that was authorized while the customer had a sufficient available balance, but later settled when the balance had become insufficient (often because intervening transactions cleared the account between authorization and settlement). Plaintiffs allege these fees were improper because the customer had enough money to cover the purchase at the moment they swiped their card. Equity Bank has stopped assessing APSN Fees during the pendency of the case; the parties assigned a $300,000 value to that practice change in addition to the cash settlement.

What are Retry Fees and Sufficient Funds Fees?

Retry Fees are overdraft or non-sufficient funds (NSF) fees that Equity Bank charged on the second or third presentment of what plaintiffs allege was the same item (typically a check or ACH debit) that had previously been returned for insufficient funds. Plaintiffs allege that charging multiple NSF fees on the same item, when the customer cannot control whether or when the merchant re-presents the item, is improper. Sufficient Funds Fees are overdraft fees that Equity Bank charged on a day when the customer's end-of-day balance was NOT overdrawn. Plaintiffs allege that charging an overdraft fee on a day when the account ended in a positive or zero balance is improper. Equity Bank has stopped assessing both fee types during the case; the parties assigned $240,000 value to the Retry Fee change in addition to the cash settlement.

What is the total value of the Equity Bank settlement?

The total estimated settlement value is approximately $1.765 million, broken down as: (1) $1,000,000 cash Settlement Fund paid by Equity Bank, (2) at least $225,000 in fee forgiveness for Challenged Fees that were charged but not collected, (3) $300,000 in assigned value reflecting Equity Bank's voluntary cessation of APSN Fees during the case, and (4) $240,000 in assigned value reflecting Equity Bank's voluntary cessation of Retry Fees during the case. Only the $1 million cash portion is distributed as money to class members; the fee forgiveness portion eliminates charges that were never paid; the assigned values reflect the prospective benefit of changed fee practices going forward.

Where does Equity Bank operate?

Equity Bank is the operating subsidiary of Equity Bancshares, Inc. (NASDAQ: EQBK), a Wichita, Kansas-based regional bank holding company. Equity Bank operates branches across Kansas, Missouri, Arkansas, and Oklahoma. The settlement covers Equity Bank accountholders in all states where the bank operates who were assessed the three Challenged Fees during the applicable class periods.

Equity Bank Overdraft & NSF Fees Class Action Settlement

Q: How much will I get from the Equity Bank settlement?

Payments are calculated pro rata based on the amount of Challenged Fees each class member paid during the class period. The formula is: (Total Challenged Fees You Paid divided by Total Challenged Fees Paid by All Class Members) multiplied by the Net Settlement Fund. For example, a class member who paid $100 in Challenged Fees will receive twice as much as a class member who paid $50. You will not receive more than the amount of Challenged Fees you actually paid during the class period; in practice, you are likely to receive less because the Net Settlement Fund is reduced by attorneys' fees and administration costs. The Net Settlement Fund is approximately $1 million minus court-approved fees and costs.

Q: When will I get my Equity Bank settlement payment?

Distribution depends on the Court's final approval and any appeals. The Final Approval Hearing is scheduled for June 29, 2026. If the Court approves the settlement and no appeals are filed, distribution will likely take several months and could take more than a year. Best case (no appeals), first payments and credits could reach class members in late 2026 or early 2027. If appeals are filed, distribution can be delayed by 12 to 36 months or more. The settlement administrator (Verita Global) will calculate individual amounts based on each class member's record of Challenged Fees paid.

By Steve Levine

Equity Bank overdraft NSF APSN Retry Sufficient Funds Fees class action settlement Kansas Missouri Arkansas Oklahoma

Published: May 22, 2026

Status Claims Open

Opt-Out Deadline June 7, 2026 objection same date · final approval hearing June 29, 2026 · no claim form required

Settlement Payment $1M Cash + Fee Forgiveness ~$1.765M total value · pro rata distribution based on Challenged Fees paid · cash payment, account credit, or unpaid-fee forgiveness

Proof Required None — Automatic Distribution Settlement Administrator (Verita Global) uses Equity Bank records to calculate and distribute payments

What Is the Equity Bank Overdraft Fees Class Action Settlement About?

Are you a current or former Equity Bank customer who was charged overdraft or non-sufficient funds (NSF) fees between January 2017 and November 2025? You may automatically receive a cash payment, account credit, or fee forgiveness from a $1 million class action settlement, with no claim form required. The Final Approval Hearing is scheduled for June 29, 2026.

The Equity Bank overdraft fees class action lawsuit, captioned Merrell, et al. v. Equity Bank, Case No. 2216-CV02011, is pending in the Circuit Court of Jackson County, Missouri. Named plaintiffs James Merrell, Cassie Merrell, Monica Counterman, and Stephanie Knisley allege that Equity Bank improperly assessed three categories of fees against accountholders: APSN Fees, Retry Fees, and Sufficient Funds Fees (collectively, the "Challenged Fees").

Equity Bank denies any wrongdoing and asserts that its fee practices were permitted by its account agreements and applicable law. The bank has agreed to a $1,000,000 cash Settlement Fund plus additional value through fee forgiveness and prospective practice changes, totaling approximately $1.765 million in combined estimated settlement value. The Settlement Administrator is Verita Global. The official Settlement Website is at merrellfeessettlement.com.

Who Is Equity Bank and Where Does It Operate?

Equity Bank is the operating subsidiary of Equity Bancshares, Inc. (NASDAQ: EQBK), a Wichita, Kansas-based regional bank holding company. The bank operates branches across Kansas, Missouri, Arkansas, and Oklahoma.

If you held a checking, savings, or money market account at any Equity Bank branch in those four states during the class period and paid overdraft or NSF fees, you may be a class member. The settlement covers Equity Bank accountholders in all four states; class membership does not depend on which state your branch is located in. The case was filed in Missouri because the named plaintiffs are Missouri residents, but the class definition is nationwide for Equity Bank accountholders who paid Challenged Fees.

The Three Challenged Fee Types: APSN, Retry, and Sufficient Funds Fees

The settlement covers three distinct types of overdraft and NSF fees, each with its own definition, class period, and underlying legal theory.

Fee Type	What It Is	Class Period
APSN Fees (Authorize Positive, Settle Negative)	Overdraft fees on debit card transactions that were authorized while you had a sufficient available balance, but later settled when your balance had become insufficient. The customer had enough money to cover the purchase at the moment of swipe.	January 1, 2017 to December 7, 2019 AND November 8, 2020 to September 1, 2024
Retry Fees	Overdraft or NSF fees charged on the second or third presentment of what plaintiffs allege was the same item (typically a check or ACH debit) that had previously been returned for insufficient funds. The customer cannot control whether or when a merchant re-presents an item.	February 22, 2018 to December 31, 2023
Sufficient Funds Fees	Overdraft fees charged on a day when your end-of-day account balance was NOT overdrawn (i.e., your account ended the day in a positive or zero balance, yet you were still charged an overdraft fee for transactions during the day).	February 2, 2017 to November 21, 2025

You may be a class member for one, two, or all three fee types, with different class periods applying. You will receive a share of the settlement based on the cumulative amount of Challenged Fees you paid across all three categories during the applicable periods.

30-Second Self-Test: Do I Qualify for the Equity Bank Settlement?

Answer yes to any of the questions below and you are likely a class member.

• Did Equity Bank charge you an overdraft fee on a debit card transaction between January 2017 and September 2024 when you had enough money in your account when you swiped your card?
• Did Equity Bank charge you a second or third overdraft or NSF fee on the same check or ACH debit between February 2018 and December 2023 after the item was returned and re-presented by the merchant?
• Did Equity Bank charge you an overdraft fee on a day when your end-of-day balance was positive or zero between February 2017 and November 2025?

If yes to any of these, you are likely a class member. Class members typically received a postcard notice or email notice from the Settlement Administrator (Verita Global) based on Equity Bank's records. If you did not receive a notice but believe you qualify, contact the Settlement Administrator through the official Settlement Website to confirm.

What Does the Equity Bank Settlement Provide? Breaking Down the $1.765 Million

The total estimated settlement value is approximately $1.765 million, but only the $1 million cash portion is distributed as money to class members. The remaining components reflect fee forgiveness and prospective practice changes.

Component 1: $1,000,000 cash Settlement Fund.
Equity Bank pays $1 million into a Settlement Fund. After court-approved attorneys' fees and expenses (up to 1/3 of the total settlement value, approximately $588,000), notice and administration costs, and service awards to the Class Representatives (up to $10,000 per Class Representative account), the remaining Net Settlement Fund is distributed pro rata to class members based on the cumulative amount of Challenged Fees each member paid.

Component 2: At least $225,000 in fee forgiveness.
Equity Bank has agreed to forgive and charge off no less than $225,000 in Challenged Fees that were charged to customer accounts but never paid by the customers (i.e., outstanding fee balances Equity Bank had not yet collected). This eliminates those charges from the bank's books, providing direct relief to customers who would otherwise still owe those fees.

Component 3: $300,000 assigned value of APSN Fee cessation.
Equity Bank stopped assessing APSN Fees during the pendency of the lawsuit. The parties assigned a value of $300,000 to this voluntary practice change, representing the prospective benefit to customers of no longer paying these fees going forward.

Component 4: $240,000 assigned value of Retry Fee cessation.
Equity Bank also stopped assessing Retry Fees during the pendency of the lawsuit. The parties assigned a value of $240,000 to this voluntary practice change.

Total combined value: approximately $1,765,000 (used as the basis for calculating the 1/3 attorneys' fee cap of approximately $588,000).

How Will My Equity Bank Payment Be Calculated? The Pro Rata Formula

Each class member's distribution is determined by the Settlement Administrator (Verita Global) using a pro rata formula based on the cumulative Challenged Fees the class member paid during the applicable class periods.

Your Distribution =

(Total Challenged Fees You Paid / Total Challenged Fees Paid by All Class Members)
× Net Settlement Fund

In plain English: if you paid $100 in Challenged Fees during the class periods, you will receive twice as much as a class member who paid $50. Higher fees paid means higher pro rata payout. The total amount you receive will not exceed the cumulative Challenged Fees you actually paid; in practice, you are likely to receive somewhat less because the Net Settlement Fund is reduced by attorneys' fees, administration costs, and service awards before distribution.

Three forms of payment:

• Check by mail — typically for former Equity Bank accountholders who no longer have an active account
• Account credit — deposited into your existing Equity Bank account for current customers
• Forgiveness of unpaid Challenged Fees — if Equity Bank charged you a Challenged Fee that you never paid, the fee is forgiven and charged off so you no longer owe it

The Settlement Administrator determines which form of payment you receive based on your current account status with Equity Bank.

No Claim Form Required: How Automatic Distribution Works

Unlike many class action settlements, the Equity Bank case requires no claim form. The Settlement Administrator (Verita Global) calculates your payment using Equity Bank's records of the Challenged Fees assessed and paid by each class member during the class periods. As long as you do not exclude yourself by the June 7, 2026 deadline, and the Court approves the settlement on June 29, 2026 (or after any appeals), you will automatically receive your share.

If your address has changed since you were last an Equity Bank customer, contact the Settlement Administrator through the official Settlement Website to update your mailing address. This is especially important if you are likely to receive a check (former customers) rather than an account credit (current customers). Undeliverable checks may be returned to the Settlement Administrator and reissued only after additional processing.

Key Equity Bank Settlement Deadlines

• Opt-out (exclusion) deadline: Sunday, June 7, 2026 (postmarked)
• Objection deadline: Sunday, June 7, 2026
• Notice of Intention to Appear at Final Approval Hearing: Sunday, June 7, 2026
• Final Approval Hearing: Monday, June 29, 2026 at 11:00 a.m. at the Eastern Jackson County Courthouse, Division 12, in Independence, Missouri (may also be available by telephonic or videoconference; check the Settlement Website)
• APSN Fees class period: January 1, 2017 - December 7, 2019 AND November 8, 2020 - September 1, 2024
• Retry Fees class period: February 22, 2018 - December 31, 2023
• Sufficient Funds Fees class period: February 2, 2017 - November 21, 2025

No claim form deadline exists because no claim form is required.

When Will I Get My Equity Bank Settlement Payment?

Payment timing depends on the Court's final approval and any appeals.

• Final Approval Hearing: June 29, 2026
• Settlement becomes final: after the Court enters final approval and any appeal period passes (typically 30 days after the Final Approval Order; longer if appeals are filed)
• Distribution timeline: the Notice indicates distribution may take several months and perhaps more than a year
• Best case (no appeals): first payments and credits could reach class members in late 2026 or early 2027
• If appeals are filed: distribution can be delayed by 12 to 36 months or more

Current Equity Bank customers will see the account credit appear directly in their existing Equity Bank account. Former customers will receive a check at the most recent address on file with Equity Bank or the Settlement Administrator. Updating your address with the Settlement Administrator if you have moved is important.

What If I Do Nothing?

If you do nothing, you remain in the Class and will automatically receive your settlement benefit after the Court grants final approval. You will also be bound by the settlement's release of claims, meaning you cannot sue Equity Bank for the Challenged Fees covered by this settlement.

For most class members, doing nothing is the correct path. The settlement provides automatic compensation without any paperwork or effort on your part.

How to Opt Out or Object to the Equity Bank Settlement

Class members who do not want to be bound by the settlement have two alternatives, both with the same June 7, 2026 deadline.

Opting out (excluding yourself). Opt-out means receiving no settlement benefits (no cash payment, no account credit, no fee forgiveness) but preserving your right to file your own lawsuit against Equity Bank over the Challenged Fees. Opt-out requests must be in writing, postmarked by June 7, 2026, and mailed to the Settlement Administrator at the address printed on the Settlement Notice. The request must include your full name, address, telephone number, and original personal signature. You cannot opt out by phone, email, or to any address other than the one specified on the Notice.

Objecting. Objection means staying in the Class (and remaining eligible for the automatic payment) but asking the Court to reject or modify the settlement. Written objections must be mailed to the Settlement Administrator (which forwards them to the Court), postmarked by June 7, 2026, with the same address as opt-outs. Objections must include your full name, address, phone number, original signature, the specific grounds for objection, and any evidence, briefs, motions, or other supporting materials you intend to offer. If you want to appear and speak at the Final Approval Hearing, include a Notice of Intention to Appear with your objection.

Watch Out for Equity Bank Settlement Scams

Bank settlement scams target customers who are waiting for payment by impersonating settlement administrators or banks. A few common-sense rules:

• Never pay a fee. Legitimate class action settlements never require an activation fee, processing fee, or "release fee" to deliver settlement payments. Anyone asking for payment to process your Equity Bank settlement is running a scam.
• Never share your Equity Bank account password, online banking login, Social Security Number, or full debit card number with anyone claiming to handle your settlement by phone, text, or email. The Settlement Administrator does not need this information to deposit your account credit or mail your check.
• Use the official Settlement Website only: merrellfeessettlement.com. Type the URL directly. Be cautious of any email or text linking to a "Equity Bank settlement" page from a different domain.
• Be skeptical of "click here to verify your Equity Bank settlement" emails from unfamiliar senders. Distribution is automatic; no verification step is required for most class members.
• If you receive a check, verify it through your bank before depositing or cashing. Legitimate settlement checks will be drawn from a settlement-administrator account; suspiciously high amounts or unusual check formatting may signal a scam.

Other Active Bank Fee Class Action Settlements

Bank overdraft, NSF, and Challenged Fee class actions have been increasingly common since the 2010s, as customer-protection groups and plaintiffs' firms target banks for fee practices like APSN, Retry, and Sufficient Funds Fees. Class membership in one bank fee settlement does not affect eligibility for any other unrelated bank settlement.

Other related OCA coverage:

• South Central Bank Class Action Settlement — $2.8M Kentucky overdraft fees class action covering APSN and Retry Fees
• Burke v. Visa Nonbank ATM Surcharge Settlement — $167.5M class action covering ATM fees at nonbank ATMs
• Bank of America ATM Fee Class Action Settlement — ATM-related fee class action
• OCA database of open class action settlements — complete list of active consumer cases
• Latest class action news and updates

How Do I Find Class Action Settlements?

Find all the latest class actions you can qualify for by getting notified of new lawsuits as soon as they are open to claims:

Settlement Website: MerrellFeesSettlement.com

Visit Settlement Website

Frequently Asked Questions About the Equity Bank Settlement

Who qualifies for the Equity Bank class action settlement?
Current or former Equity Bank accountholders who were charged APSN Fees, Retry Fees, or Sufficient Funds Fees during the applicable class periods (collectively spanning January 2017 to November 2025).

How much will I get?
Pro rata based on the cumulative Challenged Fees you paid. The formula: (Your Total Challenged Fees / All Class Members' Total Challenged Fees) × Net Settlement Fund. Higher fees paid = larger payout.

Do I need to file a claim?
No. Distribution is automatic. Current customers get an account credit; former customers get a check; outstanding unpaid Challenged Fees may be forgiven.

What are APSN Fees, Retry Fees, and Sufficient Funds Fees?
APSN Fees are overdraft fees on debit card transactions authorized when you had enough money but settled when you didn't. Retry Fees are second or third overdraft/NSF fees on the same item re-presented after being returned. Sufficient Funds Fees are overdraft fees charged on a day when your end-of-day balance was NOT overdrawn.

What is the total settlement value?
Approximately $1.765 million: $1 million cash Settlement Fund + at least $225,000 in fee forgiveness + $300,000 assigned APSN cessation value + $240,000 assigned Retry cessation value.

What states does this cover?
Equity Bank operates in Kansas, Missouri, Arkansas, and Oklahoma. The settlement covers Equity Bank accountholders across all four states.

What are the deadlines?
Opt-out and objection deadline: June 7, 2026. Final Approval Hearing: June 29, 2026. No claim form deadline because no claim form is required.

When will I get paid?
After the June 29, 2026 final approval hearing and any appeal period. Best case: late 2026 or early 2027. Appeals can delay distribution by 12 to 36 months or more.

Official Settlement Notice

Sources

• Official Settlement Website: MerrellFeesSettlement.com
• Merrell, et al. v. Equity Bank, Case No. 2216-CV02011, Circuit Court of Jackson County, Missouri
• Long-Form Settlement Notice (also available in Spanish at the official Settlement Website)
• Class Representatives: James Merrell, Cassie Merrell, Monica Counterman, and Stephanie Knisley
• Class Counsel: Beam-Ward, Kruse, Wilson & Fletes, LLC; CohenMalad, LLP; and Stranch, Jennings & Garvey, PLLC
• Defense Counsel: Mayer Brown LLP
• Settlement Administrator: Verita Global
• Equity Bank parent company: Equity Bancshares, Inc. (NASDAQ: EQBK), headquartered in Wichita, Kansas
• Consumer Financial Protection Bureau: Overdraft Fees
• CFPB Research: Bank Dependence on Overdraft Fees

About This Page

This page summarizes the Equity Bank overdraft and NSF fees class action settlement for informational purposes. OpenClassActions.com is a consumer news site and is not the Settlement Administrator, Class Counsel, or a law firm. We do not process or decide settlement payments. The official Settlement Website (merrellfeessettlement.com) and the Settlement Agreement are the authoritative sources for benefit amounts, allocation methods, and distribution timing. If you have questions about your specific allocation, contact the Settlement Administrator through the official Settlement Website.

For more class actions keep scrolling below.

Open Class Action Lawsuit and Class Action Settlement

Social Media Addiction

Status: Open

Pre-Qualify

Roblox - Investigation

Pre-Qualify Here

Submit Claim

Team Group DDR-3 DDR-4 DDR-5 DRAM Computer Memory Class Action Settlement

$1.1M Team Group RAM Settlement

Pro Rata Cash · No Proof for Up to 5 Modules

Submit Claim

File a rebate form to get a coupon, refund, rebate, or payment from this new class action settlement

$68M Google Assistant Settlement

Deadline: August 27, 2026

Submit Claim

$87.5M Beef Prices Settlement

Deadline: June 30, 2026

Submit Claim

Flagstar Bank Data Breach Class Action Settlement

$31.5M Flagstar Data Breach Settlement

~$60 Cash + $100 CA · Up to $25K w/ Proof

Submit Claim

Equity Bank Settlement Snapshot
Status	Open — Automatic Distribution After Final Approval
Cash Settlement Fund	$1,000,000 paid by Equity Bank
Additional Fee Forgiveness	At least $225,000 in Challenged Fees charged but never collected
Assigned Value of APSN Cessation	$300,000 (Equity Bank stopped assessing APSN Fees during the case)
Assigned Value of Retry Cessation	$240,000 (Equity Bank stopped assessing Retry Fees during the case)
Total Estimated Settlement Value	Approximately $1,765,000
Distribution Method	Automatic; no claim form required. Check (former customers), account credit (current customers), or fee forgiveness (for unpaid Challenged Fees)
Distribution Formula	(Your Total Challenged Fees Paid / All Class Members' Total Challenged Fees Paid) × Net Settlement Fund
Opt-Out Deadline	Sunday, June 7, 2026 (postmarked)
Objection Deadline	Sunday, June 7, 2026
Notice of Intention to Appear	Sunday, June 7, 2026
Final Approval Hearing	Monday, June 29, 2026 at 11:00 a.m. at the Eastern Jackson County Courthouse, Division 12, in Independence, Missouri (may also be virtual)
APSN Fees Class Period	January 1, 2017 - December 7, 2019, AND November 8, 2020 - September 1, 2024
Retry Fees Class Period	February 22, 2018 - December 31, 2023
Sufficient Funds Fees Class Period	February 2, 2017 - November 21, 2025
Who Is Eligible	Current or former Equity Bank accountholders charged one or more of the three Challenged Fees during the applicable class periods
Equity Bank Operating States	Kansas, Missouri, Arkansas, Oklahoma
Parent Company	Equity Bancshares, Inc. (NASDAQ: EQBK), Wichita, Kansas
Proof Required to File?	None — automatic distribution based on Equity Bank records
Case Title	Merrell, et al. v. Equity Bank
Case Number	Case No. 2216-CV02011
Court	Circuit Court of Jackson County, Missouri
Class Representatives	James Merrell, Cassie Merrell, Monica Counterman, Stephanie Knisley
Class Counsel	Beam-Ward, Kruse, Wilson & Fletes, LLC; CohenMalad, LLP; Stranch, Jennings & Garvey, PLLC
Defense Counsel	Mayer Brown LLP
Settlement Administrator	Verita Global
Attorneys' Fees Cap	Up to 1/3 of the $1.765M settlement value (approximately $588,000)
Service Award	Up to $10,000 per Class Representative account
Spanish Notice Available	Yes — available at the official Settlement Website
Category	Bank Fees / Overdraft / NSF / Consumer Banking / Kansas / Missouri / Arkansas / Oklahoma
Official Website	Merrell Fees Settlement