The proposed $1,233,500 settlement covers New York Community Bank accountholders charged retry fees between March 2, 2017 and January 1, 2020, or out-of-network ATM fees between August 20, 2020 and February 20, 2024. Payments are automatic, with no claim required. The settlement still needs court approval.
Benefit Summary
Current accountholders: Current New York Community Bank accountholders whose records indicate they were charged one or more Relevant Fees: certain non-sufficient funds or overdraft fees on resubmitted check or ACH payments from March 2, 2017 through January 1, 2020, and/or a second out-of-network ATM fee on an out-of-network withdrawal preceded by a balance inquiry from August 20, 2020 through February 20, 2024. The person must not opt out. Excluded are the bank, its parents, subsidiaries, affiliates, officers/directors, timely opt-outs, and assigned judges and their immediate families.
Current accountholders will receive an automatic account credit for the amount they are entitled to receive from the Net Settlement Fund under the Settlement Agreement’s formulas. No claim is required.
Past accountholders: Past New York Community Bank accountholders whose records indicate they were charged one or more Relevant Fees: certain non-sufficient funds or overdraft fees on resubmitted check or ACH payments from March 2, 2017 through January 1, 2020, and/or a second out-of-network ATM fee on an out-of-network withdrawal preceded by a balance inquiry from August 20, 2020 through February 20, 2024. The person must not opt out. Excluded are the bank, its parents, subsidiaries, affiliates, officers/directors, timely opt-outs, and assigned judges and their immediate families.
Past accountholders will receive an automatic check from the Settlement Administrator for the amount they are entitled to receive from the Net Settlement Fund under the Settlement Agreement’s formulas. No claim is required.
The net fund is distributed after approved fees, expenses, service awards and administration. The February 20, 2026 final judgment approved the distribution plan; current payment completion is not confirmed.
Available Awards
Current accountholders: Payment or account credit; Past accountholders: Check payment
Who Is Included
The notice was sent to people whose records indicate they were charged one or more Relevant Fees. Relevant Fees include certain non-sufficient funds or overdraft fees on resubmitted check or ACH payments from March 2, 2017 through January 1, 2020, and second out-of-network ATM fees on withdrawals preceded by a balance inquiry from August 20, 2020 through February 20, 2024. Excluded are the bank, its parents, subsidiaries, affiliates, officers/directors, timely opt-outs, and assigned judges and their immediate families.
- Proof required: No claim form or documents showing monetary losses are described. Eligibility is based on Defendant’s records showing that the person was charged one or more Relevant Fees; the notice says recipients may receive benefits without making a claim unless they opt out.
Claim and Payment Information
- Claim method: No claim required
- Instructions: No claim form is required. Contact Simpluris about payment or address questions; the exclusion deadline has passed.
Questions & Answers
Which bank fees does this settlement cover?
The two fee categories have different date ranges and definitions. The notice says the bank’s records were used to identify people who received the notice.
The final-approval memorandum says people can recover in both fee classes if eligible. It allocates 73.6% of the fund to Multiple Fees and 26.4% to OON Fees. Excluded are the bank, its parents, subsidiaries, affiliates, officers/directors, timely opt-outs, and assigned judges and their immediate families. Source checked September 9, 2026: https://cw.simpluris.com/docs/public/downloads/NUO/FINAL_APPROVAL_ORDER
- Retry Fees: non-sufficient-funds or overdraft fees on ACH or check transactions that a merchant resubmitted after the bank returned them for insufficient funds, during March 2, 2017 through January 1, 2020.
- OON Fees: a second out-of-network ATM fee on an out-of-network withdrawal that was preceded by a balance inquiry, during August 20, 2020 through February 20, 2024.
Do I need to submit a claim?
No claim form is required. The December 15, 2025 exclusion deadline has passed. Contact Simpluris about an address change or payment status at (833) 417-4937 or [email protected]. Official site checked September 9, 2026: https://www.nycbsettlement.com/.
How will payments be sent?
The notice does not describe a choice between these payment methods; it ties the method to whether the account is current or past.
- Current accountholders will receive an account credit.
- Past accountholders will receive a check from the Settlement Administrator.
How much will I receive?
The notice does not state a fixed payment amount for each person. It says the remaining fund will be divided under formulas in the Settlement Agreement after listed costs and awards are taken out.
What costs may come out of the settlement fund before payments are calculated?
The February 20, 2026 final judgment approved these deductions from the fund. Source checked September 9, 2026: https://cw.simpluris.com/docs/public/downloads/NUO/ORDER_AND_FINAL_JUDGMENT
- Attorneys’ fees of $411,166.70 and litigation costs of $8,085.97.
- A $15,000 award for each of the two class representatives.
- Settlement administration costs of $64,439.00.
When might I receive a payment or account credit?
The Court entered final approval and judgment on February 20, 2026 after the February 12 hearing. The notice’s estimate was within 30 days after the Effective Date, not 30 days after the hearing. The official materials reviewed do not confirm current distribution completion; contact Simpluris for payment status. Source checked September 9, 2026: https://cw.simpluris.com/docs/public/downloads/NUO/ORDER_AND_FINAL_JUDGMENT
How do I opt out, and what does opting out change?
These procedures are historical. The December 15, 2025 deadline has passed.
Opting out means leaving the settlement. You would not receive a payment or account credit, but you keep any right you may have to pursue the claims in your own case.
- Send a signed letter saying that you want to be excluded.
- Include your name, the last four digits of each current or former account number, address, telephone number, and email address if you have one.
- Mail it to the Settlement Administrator at P.O. Box 25226, Santa Ana, CA 92799. It must be postmarked by December 15, 2025.
Can I object instead of opting out?
These procedures are historical. The December 15, 2025 deadline has passed.
Objecting asks the Court not to approve all or part of the settlement. It does not remove you from the settlement. If the Court approves the settlement after overruling the objection, you remain part of it.
- You must stay in the settlement; a person who opts out cannot object.
- Mail or send a written objection by private courier to the Settlement Administrator, postmarked no later than December 15, 2025.
- The objection must include identifying contact information, reasons for the objection, information about any lawyer, proposed witnesses, and whether you intend to appear or testify at the hearing.
What rights do I give up if I stay in the settlement?
If you remain in the settlement, you release claims against the bank that arise from or relate to the Retry Fees or OON Fees covered by this case. In practical terms, you generally cannot bring or continue a separate case against the bank about those released fee claims.
Could there be a second payment?
After the first distribution, money from uncashed checks may be distributed again on a proportional basis to people who cashed their checks or received account credits. That is subject to Court approval and only if a further distribution is feasible and practical. If a further individual distribution is not feasible, remaining money may instead go to a Court-approved charitable recipient.
The notice gives a 90-day validity period for any second-distribution checks.
Other Important Dates
- Exclusion deadline: 2025-12-15
- Objection deadline: 2025-12-15
- Final approval hearing: February 12, 2026, at 11:00 a.m.
- Hearing location: Courtroom 6B South, United States District Court for the Eastern District of New York, United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York 11201
Case Details
- Total settlement fund: $1,233,500.00
- Case name: US Realty Group LLC v. New York Community Bank
- Case number: 23-cv-01609-KAM-SIL
- Court: United States District Court for the Eastern District of New York
- Administrator: Simpluris, Inc.
- Official Settlement Website: https://www.nycbsettlement.com/
Sources
Claim form, FAQ, deadlines, administrator information
Court-approved notice describing eligibility and benefits