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Submitted URL: https://www.mtbankclassaction.com/
Effective URL: https://www.class-settlement.com/Class-MTBank/Info.aspx
Submission: On July 28 via api from US — Scanned from DE

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        <h4 class="panel-title">UNITED STATES DISTRICT COURT EASTERN DISTRICT OF PENNSYLVANIA <br><br>
          <i><strong>Edward R. Flynn, et. al., individually and on behalf of all others similarly situated v. Manufacturers and Traders Trust Company a/k/a M&amp;T Bank </strong> </i>
          <p>Case No. 2:17-cv-04806-WB</p>
        </h4>
      </div>
      <div class="panel-body">
        <div class="well text-info">
          <p style="text-align: center; ">
            <strong>You may be entitled to receive a settlement payment and other valuable benefits in connection with a class action against M&amp;T Bank.</strong>
          </p>
        </div>
        <p>• The parties have reached a proposed settlement (the “Settlement”) in the above referenced matter. This Settlement, if approved by the Court, will resolve a class action lawsuit against Manufacturers and Traders Trust Company, also known
          as M&amp;T Bank (“M&amp;T Bank”), over whether M&amp;T Bank complied with the Pennsylvania Uniform Commercial Code (UCC), independently, and in conjunction with the Pennsylvania Motor Vehicle Sales Finance Act (MVSFA) relating to notices
          that must be sent to car loan borrowers after their vehicle was repossessed (“Post-Repossession Consumer Disclosure Notices”) and after the repossessed vehicle was sold (“Post-Sale Notices”). The relevant time period for the Settlement is
          from September 22, 2011 through the Preliminary Approval Date (the date the Judge entered a Preliminary Approval Order), inclusive.</p>
        <p>• Under the Settlement, M&amp;T Bank will provide a gross settlement payment of $7.0 million to a Settlement Fund to be used to pay (i) a settlement payment to Class Members, (ii) administrative costs, (iii) class counsel’s legal fees and
          costs, and (iv) an incentive payment to the representative Plaintiffs and one former representative Plaintiff.</p>
        <p>• M&amp;T Bank will also compromise the Disputed Deficiency Balances that it claims are presently owed on the Class Members’ Auto Loans (subject to the exclusions below). As of July 18, 2022, the total amount of the deficiency balances of
          all Class Members (excluding only the loan balances for those Class Members whose vehicles have not been sold as of July 18, 2022) is $42,228,253.43. M&amp;T Bank will also request that the credit reporting agencies Experian, TransUnion,
          and Equifax delete the credit reporting trade lines associated with the Class Members’ Auto Loans with M&amp;T Bank (except those Class Members who redeemed their vehicle and/or reinstated their account after repossession and whose vehicle
          was not subsequently repossessed and sold again prior to the Effective Date.)</p>
        <p>• In exchange, M&amp;T Bank and each Class Member will release each other from liability (or potential liability), in connection with the Class Member’s Auto Loan, as more fully set forth in the Settlement Agreement. The Settlement
          Agreement can be reviewed by clicking on the link below, by reviewing the pleadings at <a href="https://www.pacer.gov">www.pacer.gov</a>, or by requesting a copy from Class Counsel Richard Shenkan and Shenkan Injury Lawyers, LLC. You may
          contact Mr. Shenkan, with questions at 1-800-411-1770 or <a href="mailto:rshenkan@shenkanlaw.com">rshenkan@shenkanlaw.com</a>, or the Settlement Administrator at 1-877-268-2976, or
          <a href="mailto:info@mtbankrepoclassaction.com">info@mtbankrepoclassaction.com</a>. Other documents relating to the Settlement are attached below.</p>
        <br>
        <p> Below are the documents for this case. Click on them to view in a new window. You will need Acrobat Reader to view these documents. (available <a href="http://get.adobe.com/reader/" target="_blank">here</a>) </p>
        <br>
        <div class="row">
          <div class="text-center h4">
            <a target="_blank" href="Final Approval Order.pdf">Final Approval Order</a><br>
            <a target="_blank" href="Flynn v MTBank Notice for Web.pdf">Notice</a><br>
            <a target="_blank" href="Flynn v M&amp;T Bank - DOC 404 - PLT Final Class Action Settlement Agreement and Release.pdf">Settlement Agreement</a><br>
            <a target="_blank" href="Flynn v M&amp;T Bank - DOC 407 - ORDER - Approving PTL Motion for Preliminary Settlement.pdf">Preliminary Approval Order</a><br>
            <a target="_blank" href="Flynn v M&amp;T Bank - Preliminary Approval Brief 7-21-22 RES FINAL FILED.pdf">Preliminary Approval Brief</a><br>
            <a target="_blank" href="Publication 4681.pdf">Publication 4681</a><br>
            <a target="_blank" href="IRS Form 982.pdf">IRS Form 982</a><br>
            <a target="_blank" href="Form 982 Instructions.pdf">IRS Form 982 Instructions</a><br>
            <a target="_blank" href="Form 8275.pdf">Form 8275</a><br>
            <a target="_blank" href="Form 8275 instructions.pdf">Form 8275 Instructions</a><br>
            <a target="_blank" href="2024 Low Income Taxpayer Clinic List.pdf">2024 Low Income Taxpayer Clinic List</a><br>
          </div>
        </div>
        <div class="well text-info" id="Exclusion">
          <p><strong><u>Important Dates and Deadlines</u></strong></p>
          <div class="container">
            <div class="row">
              <div class="col-sm-4">
                <div>Opt-Out/Objection Deadline: November 16, 2022</div>
              </div>
              <div class="col-sm-2">
                <div class="text-danger left"><strong>{PASSED}</strong></div>
              </div>
              <div class="col-sm-6">
              </div>
            </div>
            <div class="row">
              <div class="col-sm-4">
                <div>Fairness Hearing: November 22, 2022, at 10:00 A.M.</div>
              </div>
              <div class="col-sm-2">
                <div class="text-danger left"><strong>{PASSED}</strong></div>
              </div>
              <div class="col-sm-6">
              </div>
            </div>
          </div>
        </div>
        <div class="well text-info" id="Actions">
          <table class="table actions">
            <tbody>
              <tr>
                <th>YOUR ACTION</th>
                <th>RESULT OF THAT ACTION</th>
              </tr>
              <tr>
                <td>DO NOTHING</td>
                <td>You remain in the Settlement. If the Settlement is approved, you <strong>will receive the benefits</strong> summarized above <strong>unless you fall into one of the exclusions</strong>. In exchange, you give up the right to sue
                  M&amp;T Bank for matters concerning your Auto Loan and the repossession and sale of your vehicle as set forth in the Settlement Agreement.</td>
              </tr>
              <tr>
                <td>ASK TO BE EXCLUDED</td>
                <td>You are removed from the Settlement. You will not receive the benefits summarized above. However, this is the only option that allows you to pursue your own lawsuit or to participate in any other lawsuit against M&amp;T Bank
                  concerning your Auto Loan or the repossession and sale of your vehicle. The deadline for you to submit your signed request to be excluded is <strong>November 16, 2022,</strong> forty (40) days after the date of this Notice, so you
                  must act promptly.</td>
              </tr>
              <tr>
                <td>OBJECT TO SETTLEMENT</td>
                <td>If you object to the Settlement, you are still in the Settlement, but you have notified the Court in writing that you don't like the Settlement and the reason for your objection. The deadline for you to submit a signed objection
                  is <strong>November 16, 2022,</strong> forty (40) days after the date of this Notice, so you must act promptly.</td>
              </tr>
              <tr>
                <td>OBJECT TO ALLOCATION OF SETTLEMENT PAYMENTS (CO-BORROWERS ONLY)</td>
                <td>If you are a co-borrower, you may also object to the equal allocation between co-borrowers on an Auto Loan of the settlement payment. This is not the same as objecting to the Settlement and you will still be a part of the
                  Settlement. The deadline for you to submit an objection to the equal payment allocation is <strong>November 16, 2022,</strong> forty (40) days after the date of this Notice, so you must act promptly.</td>
              </tr>
              <tr>
                <td>GO TO THE HEARING WHERE THE COURT CONSIDERS WHETHER TO APPROVE THE SETTLEMENT</td>
                <td>You are still in the Settlement and get the benefits of the Settlement, if approved by the Court. You do not need to attend the hearing to get the benefits of the Settlement, but you are invited to attend and will be afforded an
                  opportunity to speak in Court about the fairness of the Settlement (should you choose to do so) or, if applicable, why any belatedly submitted objection or request for exclusion should be considered. If you object to the settlement,
                  you need to state in your objection your intention to appear at the fairness hearing</td>
              </tr>
            </tbody>
          </table>
        </div>
      </div>
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Text Content

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF PENNSYLVANIA

EDWARD R. FLYNN, ET. AL., INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY
SITUATED V. MANUFACTURERS AND TRADERS TRUST COMPANY A/K/A M&T BANK

CASE NO. 2:17-CV-04806-WB

You may be entitled to receive a settlement payment and other valuable benefits
in connection with a class action against M&T Bank.

• The parties have reached a proposed settlement (the “Settlement”) in the above
referenced matter. This Settlement, if approved by the Court, will resolve a
class action lawsuit against Manufacturers and Traders Trust Company, also known
as M&T Bank (“M&T Bank”), over whether M&T Bank complied with the Pennsylvania
Uniform Commercial Code (UCC), independently, and in conjunction with the
Pennsylvania Motor Vehicle Sales Finance Act (MVSFA) relating to notices that
must be sent to car loan borrowers after their vehicle was repossessed
(“Post-Repossession Consumer Disclosure Notices”) and after the repossessed
vehicle was sold (“Post-Sale Notices”). The relevant time period for the
Settlement is from September 22, 2011 through the Preliminary Approval Date (the
date the Judge entered a Preliminary Approval Order), inclusive.

• Under the Settlement, M&T Bank will provide a gross settlement payment of $7.0
million to a Settlement Fund to be used to pay (i) a settlement payment to Class
Members, (ii) administrative costs, (iii) class counsel’s legal fees and costs,
and (iv) an incentive payment to the representative Plaintiffs and one former
representative Plaintiff.

• M&T Bank will also compromise the Disputed Deficiency Balances that it claims
are presently owed on the Class Members’ Auto Loans (subject to the exclusions
below). As of July 18, 2022, the total amount of the deficiency balances of all
Class Members (excluding only the loan balances for those Class Members whose
vehicles have not been sold as of July 18, 2022) is $42,228,253.43. M&T Bank
will also request that the credit reporting agencies Experian, TransUnion, and
Equifax delete the credit reporting trade lines associated with the Class
Members’ Auto Loans with M&T Bank (except those Class Members who redeemed their
vehicle and/or reinstated their account after repossession and whose vehicle was
not subsequently repossessed and sold again prior to the Effective Date.)

• In exchange, M&T Bank and each Class Member will release each other from
liability (or potential liability), in connection with the Class Member’s Auto
Loan, as more fully set forth in the Settlement Agreement. The Settlement
Agreement can be reviewed by clicking on the link below, by reviewing the
pleadings at www.pacer.gov, or by requesting a copy from Class Counsel Richard
Shenkan and Shenkan Injury Lawyers, LLC. You may contact Mr. Shenkan, with
questions at 1-800-411-1770 or rshenkan@shenkanlaw.com, or the Settlement
Administrator at 1-877-268-2976, or info@mtbankrepoclassaction.com. Other
documents relating to the Settlement are attached below.


Below are the documents for this case. Click on them to view in a new window.
You will need Acrobat Reader to view these documents. (available here)


Final Approval Order
Notice
Settlement Agreement
Preliminary Approval Order
Preliminary Approval Brief
Publication 4681
IRS Form 982
IRS Form 982 Instructions
Form 8275
Form 8275 Instructions
2024 Low Income Taxpayer Clinic List


Important Dates and Deadlines

Opt-Out/Objection Deadline: November 16, 2022
{PASSED}

Fairness Hearing: November 22, 2022, at 10:00 A.M.
{PASSED}


YOUR ACTIONRESULT OF THAT ACTION DO NOTHINGYou remain in the Settlement. If the
Settlement is approved, you will receive the benefits summarized above unless
you fall into one of the exclusions. In exchange, you give up the right to sue
M&T Bank for matters concerning your Auto Loan and the repossession and sale of
your vehicle as set forth in the Settlement Agreement. ASK TO BE EXCLUDEDYou are
removed from the Settlement. You will not receive the benefits summarized above.
However, this is the only option that allows you to pursue your own lawsuit or
to participate in any other lawsuit against M&T Bank concerning your Auto Loan
or the repossession and sale of your vehicle. The deadline for you to submit
your signed request to be excluded is November 16, 2022, forty (40) days after
the date of this Notice, so you must act promptly. OBJECT TO SETTLEMENTIf you
object to the Settlement, you are still in the Settlement, but you have notified
the Court in writing that you don't like the Settlement and the reason for your
objection. The deadline for you to submit a signed objection is November 16,
2022, forty (40) days after the date of this Notice, so you must act promptly.
OBJECT TO ALLOCATION OF SETTLEMENT PAYMENTS (CO-BORROWERS ONLY)If you are a
co-borrower, you may also object to the equal allocation between co-borrowers on
an Auto Loan of the settlement payment. This is not the same as objecting to the
Settlement and you will still be a part of the Settlement. The deadline for you
to submit an objection to the equal payment allocation is November 16, 2022,
forty (40) days after the date of this Notice, so you must act promptly. GO TO
THE HEARING WHERE THE COURT CONSIDERS WHETHER TO APPROVE THE SETTLEMENTYou are
still in the Settlement and get the benefits of the Settlement, if approved by
the Court. You do not need to attend the hearing to get the benefits of the
Settlement, but you are invited to attend and will be afforded an opportunity to
speak in Court about the fairness of the Settlement (should you choose to do so)
or, if applicable, why any belatedly submitted objection or request for
exclusion should be considered. If you object to the settlement, you need to
state in your objection your intention to appear at the fairness hearing

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