A preliminary settlement of the proposed class action was filed
on Friday night in the federal court in Elizabeth City, North
Carolina, and requires approval by U.S. District Judge Terrence
Boyle. USAA denied wrongdoing.
The lawsuit covers tens of thousands of service members with
credit card and other loans at USAA Savings Bank and USAA
Federal Savings Bank in various periods since May 4, 2009.
They accused USAA of violating the federal Servicemembers Civil
Relief Act, Military Lending Act and Truth in Lending Act by
failing to cap interest rates at 6% during active duty and
permanently forgive interest above 6%.
Service members said they didn't discover the errors until 2021
when USAA sent "misleading" correspondence and courtesy checks
that understated the refunds they were owed.
They also said they weren't fully compensated by 859,000 checks
that USAA sent out after reaching consent orders in 2019 and
2020 with the Office of the Comptroller of the Currency
addressing other violations.
Boyle approved similar settlements of $41.9 million with Bank of
America and $62.5 million with JPMorgan Chase in 2018 and 2020,
respectively.
In a statement, San Antonio, Texas-based USAA said it strongly
disagreed with the accusations, but the settlement lets it avoid
lengthy and expensive litigation.
It also said it charges lower interest rates than the law
requires, and that about half the settlement is to reissue
checks that members never cashed.
The plaintiffs' lawyers may seek up to 27.5%, or $17.7 million,
from the settlement for fees and expenses.
Founded in 1922, USAA has about 13.5 million members and
recently ranked 103rd in Fortune magazine's list of the 500
largest U.S. companies by revenue.
The case is Bulls et al v USAA Federal Savings Bank et al, U.S.
District Court, Eastern District of North Carolina, No.
21-00488.
(Reporting by Jonathan Stempel in New York; editing by Jonathan
Oatis)
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