Common use of Why did the parties settle Clause in Contracts

Why did the parties settle. In any lawsuit, there are risks and potential benefits that come with a trial versus settling at an earlier stage. It is the Class Representative’s and his lawyers’ job to identify when a proposed settlement offer is good enough that it justifies recommending settling the case instead of continuing to trial. In a class action, the Class Representative’s lawyers, known as Class Counsel, make this recommendation to the Class Representative. The Class Representative has the duty to act in the best interests of the class as a whole and, in this case, it is their belief, as well as in Class Counsels’ opinion, that this settlement is in the best interest of all Settlement Class members. There is legal uncertainty about whether a judge or a jury will find that Defendant was contractually and otherwise legally obligated not to assess the Overdraft Fees (a/k/a Courtesy Pay Fees) at issue. And even if it was contractually wrong to assess these fees, there is uncertainty about whether the Class Representative’s claims are subject to other defenses that might result in no or less recovery to Settlement Class members. Even if the Class Representative were to win at trial, there is no assurance that the Settlement Class Members would be awarded more than the current settlement amount and it may take years of litigation before any payments would be made. By settling, the Settlement Class members will avoid these and other risks and the delays associated with continued litigation. While Defendant disputes the allegations in the lawsuit and denies any liability or wrongdoing, it enters into the Settlement solely to avoid the expense, inconvenience, and distraction of further proceedings in the litigation. WHO IS IN THE SETTLEMENT

Why did the parties settle. In any lawsuit, there are risks and potential benefits that come with a trial versus settling at an earlier stage. It is the Class Representative’s Named Plaintiffs’ and his their lawyers’ job to identify when a proposed settlement offer is good enough that it justifies recommending settling the case instead of continuing to trial. In a class action, the Class Representative’s Named Plaintiffs’ lawyers, known as Class Counsel, make this recommendation to the Class RepresentativeNamed Plaintiffs. The Class Representative has Named Plaintiffs have the duty to act in the best interests of the class as a whole and, in this case, it is their belief, as well as in Class Counsels’ opinion, that this settlement is in the best interest of all Settlement Class membersMembers. There is legal uncertainty about whether a judge or a jury will find that Defendant was contractually and otherwise legally obligated not to assess the Overdraft Fees (a/k/a Courtesy Pay Fees) at issuefees that are being challenged in this case. And even if it was contractually wrong to assess these fees, there is uncertainty about whether the Class Representative’s Named Plaintiffs’ claims are subject to other defenses that might result in no or less recovery to Settlement Class membersMembers. Even if the Class Representative Named Plaintiffs were to win at trial, there is no assurance that the Settlement Class Members would be awarded more than the current settlement amount and it may take years of litigation before any payments would be made. By settling, the Settlement Class members Members will avoid these and other risks and the delays associated with continued litigation. While Defendant disputes the allegations in the lawsuit and denies any liability or wrongdoing, it enters into the Settlement settlement solely to avoid the expense, inconvenience, and distraction of further proceedings in the litigation. WHO IS IN THE SETTLEMENT.

Why did the parties settle. In any lawsuit, there are risks and potential benefits that come with a trial versus settling at an earlier stage. It is the Class Representative’s Representative and his her lawyers’ job to identify when a proposed settlement offer is good enough that it justifies recommending settling the case instead of continuing to trial. In a class action, the Class Representative’s lawyers, known as Class Counsel, make this recommendation to the Class Representative. The Class Representative has the duty to act in the best interests of the class as a whole and, in this case, it is their belief, as well as in Class Counsels’ opinion, that this settlement is in the best interest of all Settlement Class members. There is legal uncertainty about whether a judge or a jury will find that Defendant was contractually and otherwise legally obligated not to assess the Overdraft Fees (a/k/a Courtesy Pay Fees) fees at issue. And even if it was contractually wrong to assess these fees, there is uncertainty about whether the Class Representative’s ’ claims are subject to other defenses that might result in no or less recovery to Settlement Class members. Even if the Class Representative were to win at trial, there is no assurance that the Settlement Class Members would be awarded more than the current settlement amount and it may take years of litigation before any payments would be made. By settling, the Settlement Class members will avoid these these, and other risks and the delays associated with continued litigation. While Defendant disputes the allegations in the lawsuit and denies any liability or wrongdoing, it enters into the Settlement solely to avoid the expense, inconvenience, and distraction of further proceedings in the litigation. WHO IS IN THE SETTLEMENT

Why did the parties settle. In any lawsuit, there are risks and potential benefits that come with a trial versus settling at an earlier stage. It is the Class Representative’s and his her lawyers’ job to identify when a proposed settlement offer is good enough that it justifies recommending settling the case instead of continuing to trial. In a class action, the Class Representative’s lawyers, known as Class Counsel, make this recommendation to the Class Representative. The Class Representative has the duty to act in the best interests of the class classes as a whole and, in this case, it is their belief, as well as in Class Counsels’ opinion, that this settlement is in the best interest of all Settlement Sufficient Funds Fee Class and Retry Fee Class members. There is legal uncertainty about whether a judge or a jury will find that Defendant was contractually and otherwise legally obligated not to assess the Overdraft Fees (a/k/a Courtesy Pay Fees) fees at issue. And even if it was contractually wrong to assess these fees, there is uncertainty about whether the Class Representative’s claims are subject to other defenses that might result in no or less recovery to Settlement Sufficient Funds Fee Class and Retry Fee Class members. Even if the Class Representative were to win at trial, there is no assurance that the Settlement Sufficient Funds Fee Class Members and Retry Fee Class members would be awarded more than the current settlement amount and it may take years of litigation before any payments would be made. By settling, the Settlement Sufficient Funds Fee Class and Retry Fee Class members will avoid these and other risks and the delays associated with continued litigation. While Defendant disputes the allegations in the lawsuit and denies any liability or wrongdoing, it enters into the Settlement solely to avoid the expense, inconvenience, and distraction of further proceedings in the litigation. WHO IS IN THE SETTLEMENT

Why did the parties settle. In any lawsuit, there are risks and potential benefits that come with a trial versus settling at an earlier stage. It is the Class RepresentativeNamed Plaintiff’s and his her lawyers’ job to identify when a proposed settlement offer is good enough that it justifies recommending settling the case instead of continuing to trial. In a class action, the Class RepresentativeNamed Plaintiff’s lawyers, known as Class Counsel, make this recommendation to the Class RepresentativeNamed Plaintiff. The Class Representative Named Plaintiff has the duty to act in the best interests of the class as a whole and, in this case, it is their her belief, as well as in Class Counsels’ opinion, that this settlement is in the best interest of all Settlement Class membersMembers. There is legal uncertainty about whether a judge or a jury will find that Defendant Defendant’s Challenged Practice in this case was contractually and otherwise legally obligated not to assess a violation of the Overdraft Fees (a/k/a Courtesy Pay Fees) at issue. And even if it was contractually wrong to assess these fees, there is uncertainty about whether Civil Rights Act of 1866 or the Class Representative’s claims are subject to other defenses that might result in no or less recovery to Settlement Class membersCalifornia Xxxxx Civil Rights Act. Even if the Class Representative Named Plaintiff were to win at trial, there is no assurance that the Settlement Class Members would be awarded more than the current settlement amount and it may take years of litigation before any payments would be made. By settling, the Settlement Class members Members will avoid these and other risks and the delays associated with continued litigation. While Defendant disputes the allegations in the lawsuit and claims denies any liability or wrongdoing, it enters into the Settlement settlement solely to avoid the expense, inconvenience, and distraction of further proceedings in the litigation. WHO IS IN THE SETTLEMENT.

Why did the parties settle. In any lawsuit, there are risks and potential benefits that come with a trial versus settling at an earlier stage. It is the Class RepresentativeNamed Plaintiff’s and his lawyers’ job to identify when a proposed settlement offer is good enough that it justifies recommending settling the case instead of continuing to trial. In a class action, the Class Representative’s these lawyers, known as Class Counsel, make this recommendation to the Class RepresentativeNamed Plaintiff. The Class Representative Named Plaintiff has the duty to act in the best interests of the class as a whole and, in this case, it is their her belief, as well as in Class Counsels’ Counsel’s opinion, that this settlement is in the best interest of all Settlement Class members. Members for at least the following reasons: There is legal uncertainty about whether a judge or a jury will find that Defendant was Glens Falls National Bank or Saratoga National Bank were contractually and otherwise legally obligated not to assess overdraft fees when the Overdraft Fees (a/k/ledger balance was sufficient to pay for a Courtesy Pay Fees) at issue. And transaction, and, even if it was contractually wrong to assess these feesthey were, there is uncertainty about whether the Class Representative’s claims are subject to other defenses that might result in no or less recovery to Settlement Class membersMembers. Even if the Class Representative Named Plaintiff were to win at trial, there is no assurance that the Settlement Class Members would be awarded more than the current settlement amount and it may take years of litigation before any payments would be made. By settling, the Settlement Class members Members will avoid these and other risks and the delays associated with continued litigation. While Defendant Glens Falls National Bank and Saratoga National Bank disputes the allegations in the lawsuit and denies deny any liability or wrongdoing, it enters they enter into the Settlement settlement solely to avoid the expense, inconvenience, and distraction of further proceedings in the litigation. WHO IS IN THE SETTLEMENT

Why did the parties settle. In any lawsuit, there are risks and potential benefits that come with a trial versus settling at an earlier stage. It is the Class RepresentativeNamed Plaintiff’s and his her lawyers’ job to identify when a proposed settlement offer is good enough that it justifies recommending settling the case instead of continuing to trial. In a class action, the Class RepresentativeNamed Plaintiff’s lawyers, known as Class Counsel, make this recommendation to the Class RepresentativeNamed Plaintiff. The Class Representative Named Plaintiff has the duty to act in the best interests of the class as a whole and, in this case, it is their her belief, as well as in Class Counsels’ opinion, that this settlement is in the best interest interests of all Settlement members of the Classes. In Class members. There Counsel’s opinion, there is legal uncertainty about whether a judge or a jury will find that Defendant was contractually and otherwise legally obligated not to assess the Overdraft Sufficient Funds Fees (a/k/a Courtesy Pay and Multiple NSF Fees) at issue. And even if it was contractually wrong to assess these fees, there is uncertainty about whether the Class RepresentativeNamed Plaintiff’s claims are subject to other defenses that might result in no or less recovery to Settlement Class membersmembers of the Classes. Even if the Class Representative Named Plaintiff were to win at trial, there is no assurance that the Settlement Class Members members of the Classes would be awarded more than the current settlement amount and it may take years of litigation before any payments would be made. By settling, and based on Class Counsel’s experience, the Settlement Class members of the Classes will avoid these and other risks and the delays associated with continued litigation. While Defendant disputes the allegations in the lawsuit and denies any liability or wrongdoing, it enters into the Settlement settlement solely to avoid the expense, inconvenience, and distraction of further proceedings in the litigation. WHO IS IN THE SETTLEMENT.

Why did the parties settle. In any lawsuit, there are risks and potential benefits that come with a trial versus settling at an earlier stage. It is the Class RepresentativeNamed Plaintiff’s and his lawyers’ job to identify when a proposed settlement offer is good enough that it justifies recommending settling the case instead of continuing to trial. In a class action, the Class Representative’s these lawyers, known as Class Counsel, make this recommendation to the Class RepresentativeNamed Plaintiff. The Class Representative Named Plaintiff has the duty to act in the best interests of the class as a whole and, in this case, it is their his belief, as well as in Class Counsels’ Counsel’s opinion, that this settlement is in the best interest of all Settlement Class members. Members for at least the following reasons: There is legal uncertainty about whether a judge or a jury will find that Defendant was contractually and breached its agreements with customers or otherwise legally obligated not to assess acted improperly by assessing the NSF and/or Overdraft Fees (a/k/a Courtesy Pay Fees) at issuefees that are the subject of this case. And even if it was contractually wrong to assess these fees, there There also is uncertainty about whether the Class RepresentativeNamed Plaintiff’s claims are subject to other defenses that might result in no recovery or less recovery to Settlement Class membersMembers. Even if the Class Representative Named Plaintiff were to win at trial, there is no assurance that the Settlement Class Members would be awarded more than the current settlement amount amount, and it may take years of litigation before any payments would be made. By settling, the Settlement Class members Members will avoid these and other risks and the delays associated with continued litigation. While Although Defendant disputes the allegations in the lawsuit and denies any liability or wrongdoingPlaintiff’s claims, it enters into the Settlement solely has agreed to settle to avoid the expensecosts, inconveniencedistractions and risks of litigation. Thus, even though Defendant denies that it did anything improper, it believes settlement is in its best interest and distraction of further proceedings in the litigation. WHO IS IN THE SETTLEMENTbest interests of all of its customers.

Why did the parties settle. In any lawsuit, there are risks and potential benefits that come with a trial versus settling at an earlier stage. It is the Class RepresentativeNamed Plaintiff’s and his her lawyers’ job to identify when a proposed settlement offer is good enough that it justifies recommending settling the case instead of continuing to trial. In a class action, the Class RepresentativeNamed Plaintiff’s lawyers, known as Class Counsel, make this recommendation to the Class RepresentativeNamed Plaintiff. The Class Representative Named Plaintiff has the duty to act in the best interests of the class as a whole and, in this case, it is their her belief, as well as in Class Counsels’ Counsel’s opinion, that this settlement is in the best interest of all Settlement Class membersMembers. There is legal uncertainty about whether a judge or a jury will find that Defendant was contractually and otherwise legally obligated not to assess the Overdraft Fees (a/k/a Courtesy Pay Fees) at issuefees that are being challenged in this case. And even if it was contractually wrong to assess these fees, there is uncertainty about whether the Class RepresentativeNamed Plaintiff’s claims are subject to other defenses that might result in no or less recovery to Settlement Class membersMembers. Even if the Class Representative Named Plaintiff were to win at trial, there is no assurance that the Settlement Class Members would be awarded more than the current settlement amount and it may take years of litigation before any payments would be made. By settling, the Settlement Class members Members will avoid these and other risks and the delays associated with continued litigation. While Defendant disputes the allegations in the lawsuit and denies any liability or wrongdoing, it enters into the Settlement settlement solely to avoid the expense, inconvenience, and distraction of further proceedings in the litigation. WHO IS IN THE SETTLEMENT.

Why did the parties settle. In any lawsuit, there are risks and potential benefits that come with a trial versus settling at an earlier stage. It is the Class RepresentativePlaintiff’s and his lawyers’ job to identify when a proposed settlement offer is good enough that it justifies recommending settling the case instead of continuing to trial. In a class action, the Class Representative’s these lawyers, known as Class Counsel, make this recommendation to the Class RepresentativePlaintiff. The Class Representative Plaintiff has the duty to act in the best interests of the class as a whole and, in this case, it is their her belief, as well as in Class Counsels’ Counsel’s opinion, that this settlement is in the best interest of all Settlement Class members. Members for at least the following reasons: There is legal uncertainty about whether a judge or a jury will find that Defendant was contractually breached its agreements with customers or otherwise acted improperly by assessing the overdraft and otherwise legally obligated not to assess NSF fees that are the Overdraft Fees (a/k/a Courtesy Pay Fees) at issuesubject of this case. And even if it was contractually wrong to assess these fees, there There is also uncertainty about whether the Class RepresentativePlaintiff’s claims are subject to other defenses that might result in no or less recovery to Settlement Class membersMembers. In addition, there is uncertainty about whether the Court would determine that adversarial class certification is proper. Even if the Class Representative Plaintiff were to win at trial, there is no assurance that the Settlement Class Members would be awarded more than the current settlement amount amount, and it may take years of litigation before any payments would be made. By settling, the Settlement Class members Members will avoid these and other risks and the delays associated with continued litigation. While Defendant disputes the allegations in the lawsuit and denies any liability or wrongdoingPlaintiff’s claims, it enters into the Settlement solely has agreed to settle to avoid the expensecosts, inconvenience, distractions and distraction risks of further proceedings in the litigation. WHO IS IN THE SETTLEMENT.

Why did the parties settle. In any lawsuit, there are risks and potential benefits that come with a trial versus settling at an earlier stage. It is the Class Representative’s and his lawyers’ job to identify when a proposed settlement offer is good enough that it justifies recommending settling the case instead of continuing to trial. In a class action, the Class Representative’s lawyers, known as Class Counsel, make this recommendation to the Class Representative. The Class Representative has the duty to act in the best interests of the class as a whole and, in this case, it is their belief, as well as in Class Counsels’ opinion, that this settlement Settlement is in the best interest of all Settlement Class membersMembers. There is legal uncertainty about whether a judge or a jury will find that Defendant was contractually and otherwise legally obligated not to assess the Overdraft Fees (a/k/a Courtesy Pay Fees) fees at issue. And even if it was contractually wrong to assess these fees, there is uncertainty about whether the Class Representative’s claims are subject to other defenses that might result in no or less recovery to Settlement Class membersMembers. Even if the Class Representative were to win at trial, there is no assurance that the Settlement Class Members would be awarded more than the current settlement amount and it may take years of litigation before any payments would be made. By settling, the Settlement Class members Members will avoid these and other risks and the delays associated with continued litigation. While Defendant disputes the allegations in the lawsuit and denies any liability or wrongdoing, it enters into the Settlement solely to avoid the expense, inconvenience, and distraction of further proceedings in the litigation. WHO IS IN THE SETTLEMENT.

Why did the parties settle. In any lawsuit, there are risks and potential benefits that come with a trial versus settling at an earlier stage. It is the Class Representative’s Representatives’ and his their lawyers’ job to identify when a proposed settlement offer is good enough that it justifies recommending settling the case instead of continuing to trial. In a class action, the Class Representative’s these lawyers, known as Class Counsel, make this recommendation to the Class RepresentativeRepresentatives. The Class Representative has Representatives have the duty to act in the best interests of the class as a whole and, in this case, it is their belief, as well as in Class Counsels’ Counsel’s opinion, that this settlement Settlement is in the best interest of all Settlement Class members. members for at least the following reasons: There is legal uncertainty about whether a judge or a jury will find that Defendant Dollar Bank was contractually and otherwise legally obligated not to assess overdraft and NSF fees in the Overdraft Fees (a/k/a Courtesy Pay Fees) at issue. And manner alleged in the lawsuit, and, even if it was contractually wrong to assess these feeswas, there is uncertainty about whether the Class Representative’s claims are subject to other defenses that might result in no or less recovery to Settlement Class members. Even if the Class Representative Representatives were to win at trial, there is no assurance that the Settlement Class Members members would be awarded more than the current settlement Settlement amount and it may take years of litigation before any payments would be made. By settling, the Settlement Class members will avoid these and other risks and the delays associated with continued litigation. While Defendant Dollar Bank disputes the allegations in the lawsuit and denies any liability or wrongdoing, it enters into the Settlement solely to avoid the expense, inconvenience, and distraction of further proceedings in the litigation. WHO IS IN THE SETTLEMENT

Why did the parties settle. In any lawsuit, there are risks and potential benefits that come with a trial versus settling at an earlier stage. It is the Class RepresentativeNamed Plaintiff’s and his lawyers’ job to identify when a proposed settlement offer is good enough that it justifies recommending settling the case instead of continuing to trial. In a class action, the Class Representative’s these lawyers, known as Class Counsel, make this recommendation to the Class RepresentativeNamed Plaintiff. The Class Representative Named Plaintiff has the duty to act in the best interests of the class as a whole and, in this case, it is their his belief, as well as in Class Counsels’ Counsel’s opinion, that this settlement is in the best interest of all Settlement Class members. Members for at least the following reasons: There is legal uncertainty about whether a judge or a jury will find that Defendant was contractually and otherwise legally obligated not to assess overdraft fees on checking accounts when the Overdraft Fees (a/k/ledger balance was sufficient to pay for a Courtesy Pay Fees) at issuetransaction even though the available balance was not. And even if it was contractually wrong to assess these fees, there There is also uncertainty about whether the Class RepresentativeNamed Plaintiff’s claims are subject to other defenses that might result in no or less recovery to Settlement Class membersMembers. Even if the Class Representative Named Plaintiff were to win at trial, there is no assurance that the Settlement Class Members would be awarded more than the current settlement amount and it may take years of litigation before any payments would be made. By settling, the Settlement Class members Members will avoid these and other risks and the delays associated with continued litigation. While Defendant disputes the allegations in the lawsuit and denies any liability or wrongdoingPlaintiff’s claims, it enters into the Settlement solely has agreed to settle to avoid the expensecosts, inconveniencedistractions and risks of litigation. Thus, even though Defendant denies that it did anything improper, it believes settlement is in its best interest and distraction of further proceedings in the litigation. WHO IS IN THE SETTLEMENTbest interests of all of its members.

Why did the parties settle. In any lawsuit, there are risks and potential benefits that come with a trial versus settling at an earlier stage. It is the Class RepresentativeNamed Plaintiff’s and his lawyers’ job to identify when a proposed settlement offer is good enough that it justifies recommending settling the case instead of continuing to trial. In a class action, the Class Representative’s these lawyers, known as Class Counsel, make this recommendation to the Class RepresentativeNamed Plaintiff. The Class Representative Named Plaintiff has the duty to act in the best interests of the class as a whole and, in this case, it is their his belief, as well as in Class Counsels’ Counsel’s opinion, that this settlement is in the best interest of all Settlement Class membersMembers for at least the following reasons: The trial court granted Defendant’s Motion to Dismiss the Complaint, but Plaintiff appealed that decision. There is legal uncertainty about whether the Court of Appeals (or eventually a trial court judge or a jury jury) will find that Defendant was contractually and breached its agreements with customers or otherwise legally obligated not to assess acted improperly by assessing the NSF and/or Overdraft Fees (a/k/a Courtesy Pay Fees) at issuefees that are the subject of this case. And even if it was contractually wrong to assess these fees, there There also is uncertainty about whether the Class RepresentativeNamed Plaintiff’s claims are subject to other defenses that might result in no recovery or less recovery to Settlement Class membersMembers. Even if the Class Representative Named Plaintiff were to win at trial, there is no assurance that the Settlement Class Members would be awarded more than the current settlement amount amount, and it may take years of litigation before any payments would be made. By settling, the Settlement Class members Members will avoid these and other risks and the delays associated with continued litigation. While Although Defendant disputes the allegations in the lawsuit and denies any liability or wrongdoingPlaintiff’s claims, it enters into the Settlement solely has agreed to settle to avoid the expensecosts, inconvenience, distractions and distraction risks of further proceedings litigation. Thus, even though Defendant denies that it did anything improper, it believes settlement is in its best interest and in the litigation. WHO IS IN THE SETTLEMENTbest interests of all of its customers.

Why did the parties settle. In any lawsuit, there are risks and potential benefits that come with a trial versus settling at an earlier stage. It is the Class RepresentativeNamed Plaintiff’s and his lawyers’ job to identify when a proposed settlement offer is good enough that it justifies recommending settling the case instead of continuing to trial. In a class action, the Class Representative’s these lawyers, known as Class Counsel, make this recommendation to the Class RepresentativeNamed Plaintiff. The Class Representative Named Plaintiff has the duty to act in the best interests of the class as a whole and, in this case, it is their her belief, as well as in Class Counsels’ Counsel’s opinion, that this settlement is in the best interest of all Settlement Class members. Members for at least the following reasons: There is legal uncertainty about whether a judge or a jury will find that Defendant LGE was contractually and otherwise legally obligated not to assess the Overdraft Fees (a/k/when the ledger balance was sufficient to pay for a Courtesy Pay Fees) at issuetransaction even though the available balance was not, and whether LGE properly opted members into its overdraft program for ATM and debit card transactions. And even if it was contractually wrong to assess these fees, there There is also uncertainty about whether the Class RepresentativeNamed Plaintiff’s claims are subject to other defenses that might result in Class Members receiving no recovery, or less a substantially smaller recovery to Settlement Class membersthan that being offered here. Even if the Class Representative Named Plaintiff were to win at trial, there is no assurance that the Settlement Class Members would be awarded more than the current settlement amount and it may take years of litigation before any payments would be made. By settling, the Settlement Class members Members will avoid these and other risks and the delays associated with continued litigation. While Defendant LGE disputes the allegations in the lawsuit and denies any liability or wrongdoingPlaintiff’s claims, it enters into the Settlement solely has agreed to settle to avoid the expensecosts, inconveniencedistractions, and distraction risks of further proceedings litigation. Thus, even though LGE denies that it did anything improper, it believes settlement is in its best interest and in the litigation. WHO IS IN THE SETTLEMENTbest interests of all of its members.

Why did the parties settle. In any lawsuit, there are risks and potential benefits that come with a trial versus settling at an earlier stage. It is the Class RepresentativeNamed Plaintiff’s and his her lawyers’ job to identify when a proposed settlement offer is good enough that it justifies recommending settling the case instead of continuing to trial. In a class action, the Class RepresentativeNamed Plaintiff’s lawyers, known as Class Counsel, make this recommendation to the Class RepresentativeNamed Plaintiff. The Class Representative Named Plaintiff has the duty to act in the best interests of the class as a whole and, in this case, it is their her belief, as well as in Class Counsels’ opinion, that this settlement is in the best interest of all Settlement Class membersMembers. There is legal uncertainty about whether a judge or a jury will find that Defendant was contractually and otherwise legally obligated not to assess the Overdraft Fees (a/k/a Courtesy Pay Fees) at issuefees that are being challenged in this case. And And, even if it was contractually wrong to assess these fees, there is uncertainty about whether the Class RepresentativeNamed Plaintiff’s claims are subject to other defenses that might result in no or less recovery to Settlement Class membersMembers. Even if the Class Representative Named Plaintiff were to win at trial, there is no assurance that the Settlement Class Members would be awarded more than the current settlement amount and it may take years of litigation before any payments would be made. By settling, the Settlement Class members Members will avoid these and other risks and the delays associated with continued litigation. While Defendant disputes the allegations in the lawsuit and vehemently denies any liability or wrongdoing, it enters into the Settlement settlement solely to avoid the expense, inconvenience, and distraction of further proceedings in the litigation. WHO IS IN THE SETTLEMENT.