Florence Bank account holders who were charged repeat NSF or overdraft fees on a re-submitted payment between April 12, 2018 and February 12, 2024, or overdraft fees on debit card purchases approved with money in the account between April 12, 2018 and June 5, 2023, will be paid automatically from Florence Bank’s records under a $390,881 settlement; there is no claim form to file. The final approval hearing is December 15, 2026.
Current Status
The settlement has been preliminarily approved by the Hampshire County Superior Court in Massachusetts, and the final approval hearing is set for December 15, 2026 at 2:00 p.m. There is no claim form: if the court approves the settlement, eligible customers will receive an account credit or a check automatically. The only deadline is December 12, 2026, the postmark date for objections. No payments have been made yet.Free settlement alerts
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What Is the Settlement About?
Florence Bank, a Massachusetts community bank based in Florence, agreed to pay $390,881 to settle Sullivan, et al. v. Florence Bank, a class action filed April 12, 2024 in Hampshire County Superior Court. The plaintiffs alleged the bank charged two kinds of fees improperly, and brought claims for breach of contract, breach of the covenant of good faith and fair dealing, unjust enrichment and, in an amended complaint, violation of the Massachusetts consumer protection law, Chapter 93A.The first fee type is a retry fee: a second NSF or overdraft fee charged when a merchant re-submitted an electronic (ACH) payment that had already bounced. The second is an APSN fee, short for “authorize positive, settle negative”: an overdraft fee on a debit card purchase that was approved while the account had enough money, but posted after the balance had fallen below zero. Florence Bank denies any wrongdoing and says the fees were charged properly under its account agreements; it agreed to settle to avoid the cost and risk of litigation.
Who Qualifies?
The settlement covers two groups of Florence Bank personal and business checking account holders:- Retry Class: account holders charged one or more retry fees from April 12, 2018 through February 12, 2024, the date the bank stopped charging them.
- APSN Class: account holders charged one or more APSN overdraft fees from April 12, 2018 through June 5, 2023, the date the bank stopped charging them.
How Much Can You Get?
The $390,881 fund first pays attorneys’ fees of up to one-third of the fund plus expenses, service awards of up to $5,000 to each of the three class representatives, and notice and administration costs. The rest is split pro rata: each class member’s share equals the challenged fees that member paid divided by the total challenged fees paid by everyone, times the net fund. A customer who paid $100 in challenged fees receives twice as much as one who paid $50. The notice says no one will receive more than the challenged fees they paid, and most are likely to receive less.Customers whose Florence Bank account is still open receive a credit to that account. Customers whose account has closed are mailed a check, which expires 180 days after it is issued. Money from uncashed checks is redistributed to class members who cashed theirs or received a credit, if that is economically feasible; anything left after that goes to the Massachusetts IOLTA Committee.
Is Proof Required?
No. This is an automatic-payment settlement: there is no claim form, receipt or notice ID to submit. Payments are calculated from Florence Bank’s own records of the fees each account was charged. The notice asks class members whose mailing address has changed to update it with the settlement administrator through the official settlement website so a check can reach them.What Are the Deadlines?
Objections to the settlement, the attorneys’ fee request or the service awards must be mailed and postmarked by December 12, 2026. A Notice of Intention to Appear for anyone who wants to speak at the hearing has the same postmark deadline. The official notice describes only two options, doing nothing or objecting; it does not list a separate opt-out procedure.What Happens Next?
The court will hold the final approval hearing on December 15, 2026 at 2:00 p.m. in Hampshire Superior Court in Northampton, or by phone or video as posted on the settlement website. The hearing was originally scheduled for October 6, 2026 and was moved by a stipulation of the parties. If the court grants final approval and there is no appeal, the settlement becomes effective, and the agreement calls for account credits and checks within about 30 days after that. The notice warns that the process may take several months, and possibly more than a year if there are appeals.Who Are the Lawyers?
The court appointed CohenMalad, LLP; Stranch, Jennings & Garvey, PLLC; Gibbs Mura LLP; Troutman & Judge, LLC; and Ketterer, Browne & Associates, LLC as class counsel. Their fees come out of the settlement fund if the court approves them; class members are not charged directly.Sources and Verification
• Official Sullivan v. Florence Bank settlement website — notice, preliminary approval order, settlement agreement and important dates• Settlement Agreement and Release, Sullivan, et al. v. Florence Bank, Hampshire County Superior Court, Docket No. 2480CV00041
• Court-approved notice of class action settlement (embedded below)
Questions
Do I need to file a claim in the Florence Bank settlement?
No. There is no claim form. If the court grants final approval, class members are paid automatically: customers who still have a Florence Bank account get a credit to that account, and customers whose accounts are closed are mailed a check.
How much will I get from the Florence Bank settlement?
Payments are pro rata. After attorneys' fees, expenses, service awards and administration costs come out of the $390,881 fund, the rest is divided in proportion to how much each class member paid in the challenged fees. The notice says no one will receive more than the challenged fees they paid, and most will likely receive less.
What is an APSN fee?
APSN stands for authorize positive, settle negative. It refers to an overdraft fee charged on a debit card purchase that was approved while the account had enough money, but posted after the balance had dropped below zero.
What happens if my joint account was charged the fees?
Under the settlement agreement, all authorized holders of one account are treated as a single class member, so one payment is made for that account.
When will Florence Bank settlement payments be made?
Not before the court grants final approval. The final approval hearing is scheduled for December 15, 2026. Under the settlement agreement, account credits and checks go out within about 30 days after the settlement becomes effective, which can be later if there is an appeal.
