Perks, et al. v. Activehours, Inc. d/b/a Earnin 
United States District Court, Northern District of California
Case No. 5:19-cv-05543-BLF

If you received an overdraft fee that your bank attributed to a payment to Earnin,
you may be entitled to benefits under a class action settlement.

A federal court authorized this Notice.  This is not a solicitation from a lawyer.

 A proposed settlement will provide a total of three million dollars ($3,000,000.00), including legal fees, costs, and expenses (the “Settlement Fund”) to fully settle and release claims of all persons in the United States to whom the Notice is directed and as defined by the Settlement Class described on this website.

Plaintiffs allege that some customers of Activehours, doing business through the Earnin application, (“Earnin” or “Defendant”) experienced third-party overdraft fees or insufficient funds event fees following a withdrawal by Earnin, and that Earnin’s marketing failed to adequately represent the risk of incurring such third-party fees while using the service (the “Overdraft Claims”).  Defendant denies Plaintiffs’ allegations, denies any violation of California’s consumer protection laws or any other laws, and denies any wrongdoing whatsoever.  The Court has not ruled on the merits of Plaintiffs’ claims or Defendant’s defenses.  By entering into the settlement, the Defendant has not conceded the truth or validity of any of the claims against them, and denies these claims.

The Settlement Fund shall be used to pay all amounts related to the settlement, including awards to Settlement Class Members who do not timely request to be excluded from the settlement, attorneys’ fees and costs to attorneys representing Plaintiffs and the Settlement Class (“Class Counsel”), any service award for Named Plaintiffs and the costs of notice and administration of the settlement. Monies remaining in the Settlement Fund after these payments are made will be redistributed on a pro rata basis to those Settlement Class Members who received an electronic fund transfer or cashed his or her initial Settlement Award check and/or to a cy pres recipient described on this website.

Through the Settlement, the Defendant has also agreed to certain injunctive relief and changes to its business practices for the benefit of Settlement Class Members. These benefits are more fully described in the Settlement Agreement, which can be found under the Case Documents tab of this website.

Should the Settlement Agreement be granted final approval by the Court, Defendant has also agreed to invite those Settlement Class Members whose accounts have been temporarily suspended due to nonpayment of cash outs to use Earnin Express (subject to account onboarding requirements, including federal law), and until an aggregate amount of $9.5 million is forgiven across such suspended Settlement Class Members, these Settlement Class Members shall not be required to repay previously unpaid cash outs as a part of the application to Earnin Express, with such forgiveness occurring automatically upon completion of the onboarding process to Earnin Express.

Your rights and options, and the deadlines to exercise them, are explained in the Notice. Your legal rights are affected whether you act or don’t act. Read the Notice carefully.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT

DO NOTHING 

If you do nothing, you will have the ability to receive a payment and will give up your rights to sue the Defendant and/or any other released parties on a released claim.

EXCLUDE YOURSELF OR "OPT OUT" OF THE SETTLEMENT

If you ask to be excluded, you will not receive a payment.  This is the only option that allows you to pursue your own claims against the Defendant and/or other released parties in the future.  The deadline for excluding yourself is January 29, 2021.

OBJECT TO THE SETTLEMENT 

Write to the Court about why you believe the settlement is unfair in any respect.  The deadline for objecting is January 29, 2021.

GO TO THE FINAL APPROVAL HEARING

Ask to speak in Court about the fairness of the settlement.  To speak at the Final Approval Hearing, you must file a document including your name, address, telephone number and your signature with the Court stating your intention to appear, no later than January 29, 2021.

These rights and options—and the deadlines to exercise them—are explained in the Notice.

The Court in charge of this case still has to decide whether to approve the settlement.  Payments will be made if the Court approves the settlement and after any appeals are resolved.