1. Why is there a notice?
  2. What is this litigation about?
  3. Why is this a class action?
  4. Why is there a Settlement?
  5. Who is included in the Settlement?
  6. What if I am not sure whether I am included in the Settlement?
  7. What does the Settlement provide?
  8. How much will my payment be?
  9. When will I receive my payment?
  10. What am I giving up if I participate in the Settlement?
  11. How do I exclude myself from the Settlement?
  12. If I do not exclude myself, can I sue Chase for the same thing later?
  13. If I exclude myself, can I still get a payment?
  14. Do I have a lawyer in the case?
  15. How will the lawyers be paid?
  16. How do I tell the Court if I do not like the Settlement?
  17. What is the difference between objecting and asking to be excluded?
  18. When and where will the Court decide whether to approve the Settlement?
  19. Do I have to attend the hearing?
  20. May I speak at the hearing?
  21. What happens if I do nothing at all?
  22. How do I get more information?
  1. Why is there a notice?

    A court ordered that the notice be provided because you have a right to know about the proposed Settlement of this class action lawsuit. The notice explains the lawsuit, the Settlement, and your legal rights.

    Judge Katherine Polk Failla, of the United States District Court for the Southern District of New York, is overseeing this case, Tucker v. Chase Bank USA, N.A., No. 1:18-cv-03155-KPF (S.D.N.Y.). The persons that sued—Brady Tucker, Ryan Hilton, and Stanton Smith—are the Plaintiffs. JPMorgan Chase Bank, N.A., formerly known as Chase Bank USA, N.A. (“Chase”) is the Defendant.

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  2. What is this litigation about?

    The lawsuit claims that Chase violated a federal consumer statute, the Truth in Lending Act, and breached its contracts with credit card holders when the bank charged cash advance fees and cash advance interest for cryptocurrency transactions that cardholders made using their Chase credit cards.

    You can review the complaint in this lawsuit under the Case Documents tab of this website. Chase denies that it engaged in any wrongdoing.

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  3. Why is this a class action?

    In a class action, one or more people called Class Representatives (in this case, Plaintiffs) sue on behalf of themselves and other people with similar claims. Together, all the people with similar claims are members of a Class.

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  4. Why is there a Settlement?

    The Court has not decided in favor of either Plaintiffs or Chase (together, the “Parties”). Instead, the two sides have agreed to a Settlement. In doing so, the Parties avoid the costs and uncertainty of litigation and a trial, and Settlement Class Members (except those who exclude themselves) receive the benefits described in this notice. The proposed Settlement does not mean that any law was broken or that Chase did anything wrong. Chase denies all claims in this case. The Class Representatives and their lawyers think the proposed Settlement is in the best interests of Settlement Class Members.

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  5. Who is included in the Settlement?

    You are a member of the Settlement Class if you reside in the United States and, from April 10, 2015 through May 22, 2020, Chase charged you cash advance fees and/or cash advance interest for cryptocurrency transactions you made using your Chase credit card(s).

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  6. What if I am not sure whether I am included in the Settlement?

    If you are not sure whether you are in the Settlement Class, or have any other questions about the Settlement,call the toll-free number, 1-844-926-1526. You may also send questions to the Settlement Administrator at Tucker v. Chase Bank USA, N.A. Settlement Adminstrator, c/o KCC Class Action Services, P.O. Box 43434, Providence, RI 02940-3434.

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  7. What does the Settlement provide?

    If the Court approves the Settlement and it becomes final, Chase will provide two million five hundred thousand dollars ($2,500,000.00) to settle the Action (the “Cash Settlement Amount”). After paying attorneys’ fees to Class Counsel of up to $825,000.00 and court-approved Service Awards to the Plaintiffs of up to $7,000.00 each for their participation in the lawsuit, the remaining cash relief (the “Net Cash Settlement Amount”) will be distributed among Settlement Class Members to whom Chase charged cash advance fees and/or cash advance interest for cryptocurrency transactions made using their Chase credit card(s) from April 10, 2015 through May 22, 2020. Settlement Class Members’ cash awards will be distributed by check.

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  8. How much will my payment be?

    Each Settlement Class Member’s cash award will depend upon how much Chase charged him or her in cash advance fees for cryptocurrency transactions during the relevant time period. Specifically, cash awards will be calculated using a proportional payment structure, whereby each Class Member will receive a percentage of the total cash advance fees that Chase charged Participating Settlement Class Members for cryptocurrency transactions (net of any reversed fees). The percentage used to calculate Class Member Awards will be determined by dividing the Net Cash Settlement Amount (see Question 7) by the total amount of cash advance fees (net of reversed fees) that Chase charged all Participating Settlement Class Members from April 10, 2015 through May 22, 2020 for cryptocurrency transactions. If the Court were to award the maximum amount of attorneys’ fees, costs, and expenses to be sought (see Question 15) and $7,000.00 service awards for each Plaintiff, and if the administrative costs were $100,000.00, then the percentage described above would be approximately 60%.

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  9. When will I receive my payment?

    Settlement Class Members do not need to do anything to receive the cash awards under the Settlement. If the Court approves the Settlement and it becomes final, and you do not exclude yourself from the Settlement (see Questions 11 to 13), then a check will automatically be sent by mail to the address you maintain with Chase. Please click the Address Change tab of this website to confirm your mailing address for delivery of your check.

    Payments will be sent only after the Court grants final approval to the Settlement and after any appeals are resolved (see “The Final Approval Hearing” below). If there are appeals, resolving them can take time. Please be patient.

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  10. What am I giving up if I participate in the Settlement?

    If the Settlement receives Final Approval from the Court, each Settlement Class Member who has not excluded himself or herself from the Settlement Class, releases, waives, and forever discharges Chase and each of its present, former, and future parents (including JPMorgan Chase & Co.), subsidiaries, predecessors, successors, assigns, assignees, affiliates, conservators, divisions, departments, subdivisions, owners, partners, principals, trustees, creditors, shareholders, joint ventures, co-venturers, officers, and directors (whether acting in such capacity or individually), attorneys, vendors, accountants, nominees, agents (alleged, apparent, or actual), representatives, employees, managers, administrators, and each person or entity acting or purporting to act for them or on their behalf, including, but not limited to all of their subsidiaries and affiliates (collectively, “Releasees”) from any claim or issue relating to or arising out of any of the claims that were asserted in the Action, and any allegations, acts, transactions, facts, events, matters, occurrences, representations, statements, or omissions that were or could have been set forth, alleged, referred to, or asserted in the Action, and whether assertable in the form of a cause of action or as a private motion, petition for relief or claim for contempt, or otherwise, and in any court, tribunal, arbitration panel, commission, agency, or before any governmental and/or administrative body, or any other adjudicatory body, and whether based on TILA, Regulation Z, or any other federal, state (including, without limitation, breach of contract, tortious interference with contractual relations, breach of the implied covenant of good faith and fair dealing, and the California Unfair Competition Law, Cal. Bus. & Prof. Code § 17200 et seq.), local, statutory or common law or any other law, rule, regulation, ordinance, code, contract, common law, or any other source, including the law of any jurisdiction outside the United States (including both direct and derivative claims), including any and all claims for damages, injunctive relief, interest, attorney fees, and litigation expenses (the “Released Claims”). Each Settlement Class Member who does not exclude himself or herself from the Settlement Class will also be bound by all of the decisions by the Court.

    Section XVI of the Settlement Agreement describes the precise legal claims that you give up if you remain in the Settlement. The Settlement Agreement is available under the Case Documents tab of this website.

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  11. How do I exclude myself from the Settlement?

    To exclude yourself from the Settlement, you must fill out the opt-out form available under the Opt-Out tab of this website and submit the following information:

    • Your name, telephone number, and last four digits of your Chase credit card account number(s);
    • A statement that you want to be excluded from the Settlement in Tucker v. Chase Bank USA, N.A., Case No. 1:18-cv-03155-KPF (S.D.N.Y.), and that you understand you will receive no benefits from the Settlement; and
    • Your signature and date of execution.

    You must mail your exclusion request, postmarked no later than September 17, 2020 to Tucker v. Chase Bank USA, N.A. Settlement Adminstrator, c/o KCC Class Action Services, P.O. Box 43434, Providence, RI 02940-3434.

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  12. If I do not exclude myself, can I sue Chase for the same thing later?

    No. If you do not exclude yourself, you will give up the right to sue Chase for the claims that the Settlement resolves. You must exclude yourself from the Settlement Class if you want to pursue your own lawsuit.

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  13. If I exclude myself, can I still get a payment?

    No. You will not receive a payment if you exclude yourself from the Settlement.

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  14. Do I have a lawyer in the case?

    The Court has appointed lawyers to represent you and others in the Settlement Class as “Class Counsel”:

    David J. Harris Jr.
    FINKELSTEIN & KRINSK LLP
    501 West Broadway
    Suite 1260
    San Diego, California 92101-3579

    Class Counsel will represent you and others in the Settlement Class. You will not be charged for these counsel. If you want to be represented by your own lawyer, you may hire one at your own expense.

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  15. How will the lawyers be paid?

    Class Counsel intend to request up to $825,000.00 for their attorneys’ fees and reasonable costs and expenses in connection with this case. The attorneys’ fees and expenses awarded by the Court will be paid out of the Settlement Fund. Class Counsel will file their motion seeking attorneys’ fees and expenses by August 19, 2020. That motion will be available under the Case Documents tab of this website. The Court will review Class Counsel’s request and determine the amount of fees and expenses to award.

    Class Counsel will also request that Service Awards of up to $7,000.00 be paid out of the Settlement Fund to each of the Class Representatives for their service as representatives of the entire Settlement Class.

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  16. How do I tell the Court if I do not like the Settlement?

    If you are a member of the Settlement Class, you can object to any part of the Settlement, the Settlement as a whole, Class Counsel’s request for attorneys’ fees and expenses, and/or Class Counsel’s requests for Service Awards for the Class Representatives. To object, you must submit a letter to the following addresses:

    Clerk of the United States District Court for the 
    Southern District of New York
    500 Pearl Street
    New York, NY 10007-1312

    David J. Harris Jr.
    FINKELSTEIN & KRINSK LLP
    501 West Broadway
    Suite 1260
    San Diego, CA 92101-3579

    djh@classactionlaw.com

    Noah A. Levine
    WILMER CUTLER PICKERING HALE AND DORR LLP
    7 World Trade Center
    250 Greenwich Street
    New York, NY 10007
    noah.levine@wilmerhale.com

    Your objection must be postmarked on or before September 17, 2020 and must include:

    • The name of this case (Tucker v. Chase Bank USA, N.A., Case No. 1:18-cv-03155-KPF (S.D.N.Y.));
    • Your full name, address, and telephone number;
    • All grounds for the objection, accompanied by any legal support for the objection known to you or your counsel;
    • A list of all documents that you ask the Court to consider;
    • An explanation of whether your objection applies only to you, to a specific part of the Class, or to the entire Class;
    • The identity of all counsel who represent you in this matter;
    • The number of times you have objected to a class action settlement in the past five (5) years, including the caption of each case in which you made such objection;
    • Whether you or counsel representing you intends to testify at the hearing that the Court has scheduled to determine whether to grant final approval of the Settlement and Class Counsel’s request for attorneys’ fees and Service Awards to the Class Representatives (the “Final Approval Hearing”); and
    • Your signature (an attorney’s signature is not sufficient).

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  17. What is the difference between objecting and asking to be excluded?

    Objecting is telling the Court that you do not like something about the Settlement. You can object to the Settlement only if you do not exclude yourself. Excluding yourself from the Settlement is telling the Court that you do not want to be part of the Settlement. If you exclude yourself from the Settlement, then you cannot object to the Settlement because it no longer affects you.

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  18. When and where will the Court decide whether to approve the Settlement?

    The Court has scheduled a Final Approval Hearing on October 22, 2020 at 3:00 p.m. at the United States District Court for the Southern District of New York, located at the Thurgood Marshall U.S. Courthouse, 40 Foley Square, Courtroom 618, New York, New York 10007. The hearing may be moved to a different date or time without additional notice, so it is a good idea to check this website for updates.At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. The Court will also consider any requests by Class Counsel for attorneys’ fees and expenses and for Service Awards for the Class Representatives. If there are objections, the Court will consider them at the hearing. After the hearing, the Court will decide whether to approve the Settlement, the request for attorneys’ fees and expenses, and the request for Service Awards. We do not know how long these decisions will take.

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  19. Do I have to attend the hearing?

    No. Class Counsel will answer any questions the Court may have. But you may attend the hearing at your own expense. If you send an objection, you don’t have to come to Court to talk about it. As long as you submit your written objection on time, to the proper addresses, and it complies with the requirements set forth in Question 16 above and in Section X of the Settlement Agreement, the Court will consider it. You may also pay your own lawyer to attend, but it is not necessary.

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  20. May I speak at the hearing?

    You may ask the Court for permission to speak at the Final Approval Hearing. To do so, you must submit an objection that complies with the requirements set forth in Question 16 above and send a letter saying that you intend to appear and wish to be heard. Your notice of intention to appear must include the following:

    • Your full name, address, and telephone number;
    • A statement that this is your “Notice of Intention to Appear” at the Final Approval Hearing for Settlement in Tucker v. Chase Bank USA, N.A., Case No. 1:18-cv-03155-KPF (S.D.N.Y.);
    • The reasons you wish to be heard;
    • Copies of any papers, exhibits, or other evidence or information that is to be presented to the Court at the Final Approval Hearing; and
    • Your signature (an attorney’s signature is not sufficient).

    You must submit your Notice of Intention to Appear so that it is received no later than September 17, 2020, to the addresses in Question 16 above. You cannot speak at the hearing if you exclude yourself from the Settlement.

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  21. What happens if I do nothing at all?

    If you do nothing, you will receive the benefits to which you are entitled under this Settlement.

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  22. How do I get more information?

    The notice summarizes the proposed Settlement. More details are in the Settlement Agreement. You can obtain the complete Settlement Agreement under the Case Documents tab of this website. You also may write with questions to the Settlement Administrator at Tucker v. Chase Bank USA, N.A. Settlement Adminstrator, c/o KCC Class Action Services, P.O. Box 43434, Providence, RI 02940-3434.

    Please do not contact Chase or the Court for information.

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