$1M Equity Bank Overdraft and NSF Fees Settlement, Check If You Qualify No Claim Form Required for Automatic Payment
Prepared by the AllAboutLawyer.com Editorial Team and reviewed for factual accuracy against the official class notice and settlement agreement filed in Merrell, et al. v. Equity Bank, Case No. 2216-CV02011. Last Updated: May 12, 2026
The Equity Bank Fees Settlement is a consumer banking class action where eligible Equity Bank customers who were charged certain overdraft or nonsufficient funds (NSF) fees between 2017 and 2025 can receive a cash payment, account credit, or unpaid fee forgiveness — with no claim form required.
Equity Bank agreed to pay $1,000,000 to resolve a class action lawsuit alleging it improperly assessed specific fees on customer accounts. The settlement also includes at least $225,000 in forgiveness for fees the bank charged but never collected, plus an estimated $540,000 in value from changes to the bank’s fee practices going forward. Equity Bank denies all wrongdoing but agreed to settle to avoid the cost and risk of continued litigation.
Quick-Facts: Equity Bank $1M Overdraft and NSF Fees Settlement
| Field | Detail |
| Settlement Amount | $1,000,000 (plus $225,000+ in fee forgiveness) |
| Claim Deadline | No claim form required — payments are automatic |
| Who Qualifies | Equity Bank checking account holders charged APSN, Retry, or Sufficient Funds fees during specified periods |
| Payout Per Person | Pro rata — based on the total amount of challenged fees you personally paid |
| Proof Required | No — the administrator uses Equity Bank’s records |
| Settlement Status | Preliminarily Approved |
| Administrator | Verita Global — (888) 808-7281 — [email protected] |
| Official Website | MerrellFeesSettlement.com |
| Last Updated | May 12, 2026 |
Current Status of the Equity Bank Settlement
- The settlement is preliminarily approved. The final fairness hearing is scheduled for June 29, 2026.
- The deadline to opt out of the settlement is June 7, 2026.
- Payments and account credits will be distributed after the court resolves any appeals and grants final approval. No confirmed payment date yet — TBD pending final court approval.
What Is the Equity Bank Lawsuit About? Merrell, et al. v. Equity Bank, No. 2216-CV02011
The class action lawsuit alleged Equity Bank improperly charged certain overdraft and nonsufficient funds fees, including fees on transactions authorized on sufficient funds, repeated fees on the same transaction, and fees charged on days when customers did not actually overdraw their end-of-day balance.
These are exactly the kinds of consumer fraud lawsuit allegations that have swept through the banking industry over the past decade. Banks legally can charge overdraft fees — but only in circumstances that match what customers were told in their account agreements. When a bank charges an overdraft fee on a transaction that was authorized with enough money in the account, or hits a customer with multiple NSF fees for a single bounced item, that practice may violate the bank’s own disclosures and state consumer protection law.
Equity Bank is a community bank headquartered in Wichita, Kansas, with more than 70 locations across Kansas, Missouri, Oklahoma, and Arkansas. The bank denied any wrongdoing but agreed to settle to avoid the cost and uncertainty of litigation. If you banked with Equity Bank during the relevant period and were charged one of the three specific fee types at issue, your share of the legal settlement payout is coming to you automatically — you do not need to do anything to receive it. For a broader look at how bank fee class actions work, see the AllAboutLawyer.com guide to consumer class action lawsuits.
Are You Part of the Equity Bank Class Action?
Individuals who received a notice by email or postcard about this settlement are likely class members. The settlement administrator used Equity Bank’s records to identify affected customers. But even if you did not receive a notice, here is how to know if you are included.
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You may be part of this class if you had a checking account with Equity Bank and were charged at least one of these fee types during the specified period:
- You may qualify for the APSN fee class if Equity Bank charged you an overdraft fee on a debit card transaction that was authorized when your account had a sufficient available balance and that later settled in the authorized amount — between January 1, 2017 and December 7, 2019, or November 8, 2020 and September 1, 2024.
- You may qualify for the Retry fee class if Equity Bank charged you an overdraft or NSF fee on the second or third presentment of the same transaction that a merchant had previously returned for insufficient funds — between February 22, 2018 and December 31, 2023.
- You may qualify for the Sufficient Funds fee class if Equity Bank charged you an overdraft fee on a day when you did not actually overdraw your end-of-day balance — between February 2, 2017 and November 21, 2025.
You are likely NOT included if:
- You never held a checking account with Equity Bank during any of the periods listed above.
- You held only a savings, business, or non-deposit account — the class covers checking accounts.
- You timely submitted a valid exclusion request by June 7, 2026.
Related: NYCB $1.23M ATM and Overdraft Fee Settlement — How Customers Got Paid
How Much Can You Get from the Equity Bank Settlement?
The $1,000,000 settlement fund will be distributed on a pro rata basis. Your individual payment is calculated using this formula: your payment = (your challenged fees paid ÷ total challenged fees paid by all class members) × net settlement fund.
In plain English: the more fees Equity Bank charged you during the covered periods, the larger your share. Someone charged $500 in qualifying fees will receive proportionally more than someone charged $50.
Class members cannot receive more than the total amount of challenged fees they paid. The actual amount may also be less than what they paid, depending on the number of eligible class members and deductions for attorneys’ fees and costs.
Here is how the class action settlement eligibility and payout works depending on your account status:
- Current Equity Bank account holders will receive an account credit deposited directly into their account.
- Former Equity Bank customers will receive a check mailed to their last known address — update your address with the administrator if you have moved.
- Customers with unpaid qualifying fees may have those amounts forgiven by Equity Bank, up to $225,000 total.
From the $1,000,000 fund, attorneys’ fees are capped at $588,333, and service awards to the class representatives are capped at $10,000 per representative account (up to $30,000 total). The remainder goes to class members.
Step-by-Step: How to Participate in the Equity Bank Settlement
Because no claim form is required, your steps here are simpler than most settlements — but there are still important actions to take.
Step 1 — Confirm you held an Equity Bank checking account during any of the qualifying fee periods listed above.
Step 2 — Check whether you received an email or postcard notice from Verita Global, the settlement administrator. Receipt of a notice is a strong sign you are already identified as a class member.
Step 3 — If you are a former customer and your address has changed, contact Verita Global now so your check reaches you: call (888) 808-7281 or email [email protected].
Step 4 — If you want to opt out of the settlement (to preserve your right to sue Equity Bank individually), mail your written exclusion request to: Merrell v. Equity Bank Exclusions, P.O. Box 301130, Los Angeles, CA 90030-1130 — must be received by June 7, 2026.
Step 5 — If you want to object to the settlement terms, file a written objection with the court before the June 7, 2026 deadline.
Step 6 — If you do nothing, you will remain in the class and receive your automatic payment or credit after the June 29, 2026 final approval hearing, assuming the court approves the settlement.
Estimated time to complete: under 5 minutes if your address is current.
Equity Bank Settlement Key Dates
| Milestone | Date |
| Earliest APSN Fee Period Begins | February 2, 2017 |
| Latest Sufficient Funds Fee Period Ends | November 21, 2025 |
| Opt-Out / Objection Deadline | June 7, 2026 |
| Final Approval (Fairness) Hearing | June 29, 2026 |
| Claim Filing Deadline | No claim form required |
| Expected Payment / Credit Date | TBD — pending final court approval and resolution of any appeals |
Frequently Asked Questions
Is there a class action lawsuit against Equity Bank for fees?
Yes. The case is Merrell, et al. v. Equity Bank, Case No. 2216-CV02011. Equity Bank agreed to pay $1,000,000 to settle claims that it improperly charged certain overdraft and NSF fees on customer checking accounts between 2017 and 2025.
Do I need to do anything right now to be included in the Equity Bank settlement?
No. Class members do not need to file a claim. The settlement administrator will automatically issue payments or credits to eligible customers using Equity Bank’s own account records. The only action you may need to take is updating your mailing address if you have moved since closing your Equity Bank account.
How much will I get from the Equity Bank settlement?
Your payment is calculated on a pro rata basis — the more qualifying fees Equity Bank charged you during the covered periods, the larger your share of the net settlement fund. You cannot receive more than the total amount of challenged fees you personally paid. Exact individual amounts are not known until after final approval and all claims are processed.
When will a settlement payment be made in the Equity Bank case?
Payments and account credits will be distributed after the court resolves any appeals and grants final approval at the June 29, 2026 hearing. No specific payment date has been confirmed yet.
Can I file my own lawsuit against Equity Bank instead?
You can, but only if you opt out of this class settlement by June 7, 2026. If you remain in the class and accept your automatic payment, you release all related claims against Equity Bank. If your individual losses are substantial, a free legal consultation with a consumer rights lawyer before the opt-out deadline can help you decide the smarter path.
How will I know if the Equity Bank settlement is finalized?
Monitor MerrellFeesSettlement.com for updates, or call Verita Global at (888) 808-7281. Any changes to the hearing schedule or payment timeline will be posted on the official settlement website.
What were APSN fees, and why are they at the center of this lawsuit?
APSN stands for Authorize Positive, Settle Negative. These are overdraft fees charged on debit card transactions that were authorized when the account had a sufficient available balance — meaning the customer had enough money when they swiped their card — but the bank still charged an overdraft fee when the transaction later settled against a lower balance. Plaintiffs alleged this practice was misleading because customers reasonably believed an approved transaction would not generate a fee.
Will receiving this settlement payment affect my taxes?
Possibly. Settlement payments that compensate for fees you previously paid may or may not be taxable depending on your individual tax situation. Consult a tax professional for advice specific to your circumstances. The settlement administrator cannot provide tax guidance.
Sources & References
- Official Settlement Notice: MerrellFeesSettlement.com — Long-Form Notice
- Settlement Agreement: MerrellFeesSettlement.com — Settlement Agreement
- Important Dates: MerrellFeesSettlement.com — Deadlines
- Official FAQ: MerrellFeesSettlement.com — Frequently Asked Questions
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Legal claims and outcomes depend on specific facts and applicable law. For advice regarding a particular situation, consult a qualified attorney.
About the Author
Sarah Klein, JD, is a licensed attorney and legal content strategist with over 12 years of experience across civil, criminal, family, and regulatory law. At All About Lawyer, she covers a wide range of legal topics — from high-profile lawsuits and courtroom stories to state traffic laws and everyday legal questions — all with a focus on accuracy, clarity, and public understanding.
Her writing blends real legal insight with plain-English explanations, helping readers stay informed and legally aware.
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