Opt-Out DeadlineJune 7, 2026objection 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 RequiredNone — Automatic DistributionSettlement 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.
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.
Settlement Amount
$1,000,000 cash fund (approximately $1.765M total estimated value)
Case Title
Merrell, et al. v. Equity Bank
Case Number
2216-CV02011
Court
Circuit Court of Jackson County, Missouri
Final Approval Hearing
June 29, 2026 at 11:00 a.m. Eastern Jackson County Courthouse, Division 12, Independence, Missouri