What is a class action and how does it affect me?

This case was certified by the United States District Court for the Western District of Washington as a class action to address claims that Defendant CBKC violated a federal law called the Electronic Fund Transfer Act (EFTA) when it issued release cards to persons being released from custody at jails or other locations to return money that had been seized from them when they were arrested. The plaintiff contends that it was illegal for CBKC to issue those cards because they were not requested by the persons being required to accept them for the return of their money. Plaintiff also alleges that the fees charged by CBKC are illegal under EFTA. In addition, persons who received their release cards in the state of Washington have additional claims under Washington state law, including violation of Washington's Consumer Protection Act.

What is a class action? A class action is a lawsuit where a plaintiff offers to serve as a representative for other persons who have the same claims against the defendant being sued. The court may allow a case to proceed as a class action if it meets certain requirements, such as showing there are a large number of people with similar claims and it would be more efficient to handle those claims by naming somebody as a class representative who will pursue the case on behalf of those persons. You can review the Court's decision to certify a class, which explores these and other requirements, by clicking here.
Do I need to hire an attorney to represent me? No. The Court has appointed the law firm of Sirianni Youtz Spoonemore Hamburger from Seattle, Washington, as counsel for the class and they will represent you and other class members in this case. If you want to have your own attorney, you may do so, but it is not required.
What has happened so far in this case? This case is in its early stages. Defendant CBKC filed a motion to require plaintiff Samuel Rutherford to submit his claims to arbitration. If that motion had been granted, it would have been unlikely that this case could proceed as a class action. The court denied the motion. You can review a copy of the court's order here. CBKC then filed a motion to dismiss and to strike the request to have this case certified as a class action. That motion was also denied. That order can be reviewed by clicking here.
Will I receive any money from this case? It is too early to tell whether a recovery will be obtained against CBKC. that determination may not occur until this case goes to trial, which is currently set for September 15, 2025. It is possible that the case would settle before that date, although any settlement must be approved by the Court after notice regarding the settlement is provided to class members. You can monitor updates in this case by clicking Dates and Updates.
What is the Brown case and how does it affect me? Class counsel previously represented plaintiff Danica Brown in a case brought in the District Court of Oregon against Numi Financial and one of its other partner banks, Central National Bank of Oklahoma (CNB). The name of that case is Brown v. Stored Value Cards, The parties in that case reached a settlement that the Court approved. If you submitted a claim in that case and received a payment you are excluded from participating in any settlement or judgment that results in this case.
What do I need to do to participate in this case?. You do not need to do anything further to participate in this case if you are a class member included within the Court's order certifying the class.
What if I am a class member but don't want to participate in this case? If you want to bring your own case against CBKC, or do not want to participate in this case for any reason, you can submit a form called an opt-out request that will remove you as a class member. That means that you will not be bound by any judgment entered in this case, but also that you will not be eligible to participate in any money obtained through a judgment or settlement. To do that, click on Request to Opt Out to complete and submit the form.
Additional information. A Court-approved full notice regarding this class action, which provides additional information is available by clicking here. If you have additional questions you may contact Class Counsel by mail to CBKC Release Card Litigation, 3101 Western Ave., Suite 350, Seattle, WA 98121, or by email to CBKCReleaseCard@sylaw.com.

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