If you don’t do anything, you will receive a payment from the Settlement Fund and/or a fee waiver so long as you do not exclude yourself (described in the next box). You will release SAFE Credit Union from claims arising out of its assessment of NSF Fees on the second or subsequent time a third party presents an item in an attempt to collect on a check (including an electronic check) or ACH item after the first or prior attempt at collection was rejected and the member’s account was assessed an NSF Fee, or its assessment of an Overdraft Fee on an item that previously resulted in an NSF Fee, during the Class Period of February 20, 2016 to April 7, 2022, as provided in the Release section of the Settlement Agreement, which provides in relevant part:

RELEASE. Except as to the rights and obligations provided for under the terms of this Agreement, Named Plaintiffs, on behalf of themselves and each of the Class Members and any successor-in-interest, assignee, heir or beneficiary of any Named Plaintiff and Class Member, hereby release and forever discharge Defendant, and all of its past, present and future predecessors, successors, parents, subsidiaries, divisions, employees, affiliates, assigns, officers, directors, shareholders, representatives, attorneys, insurers and agents (collectively, the “Defendant Releasees”) from any and all losses, fees, charges, complaints, claims, debts, liabilities, demands, obligations, costs, expenses, actions, and causes of action of every nature, character, and description, whether known or unknown, asserted or unasserted, suspected or unsuspected, fixed or contingent, which Named Plaintiffs and Class Members who do not opt out now have, own or hold against any of the Defendant Releasees arising out of Defendant’s assessment of NSF Fees on the second or subsequent time a third party presents an item in an attempt to collect on a check (including an electronic check) or ACH item after the first or prior attempt at collection was rejected and the member’s account was assessed an NSF Fee, or Defendant’s assessment of an Overdraft Fee on an item that previously resulted in an NSF Fee, during the Class Period. The Named Plaintiffs and Class Members acknowledge that they may discover facts in addition to or different from those that they now know or believe to be true with respect to the subject matter of this Agreement, but that it is their intention to finally and forever settle and release claims arising out of Defendant’s assessment of NSF Fees on the second or subsequent time a third party presents an item in an attempt to collect on a check (including an electronic check) or ACH item after the first or prior attempt at collection was rejected and the member’s account was assessed an NSF Fee, or Defendant’s assessment of an Overdraft Fee on an item that previously resulted in an NSF Fee, during the Class Period, and that, notwithstanding t e discovery or existence of any such additional or different facts, as to which the Named Plaintiffs and Class Members expressly assume the risk, they freely and voluntarily give the release as set forth above.

You can choose to exclude yourself from the settlement or “opt out.” This means you choose not to participate in the settlement. You will keep your individual claims against SAFE Credit Union, but you will not receive a payment, and any outstanding at-issue fees assessed against your account will not be waived. If you want to recover against SAFE Credit Union, then you will have to file a separate lawsuit or claim.

You can file an objection to the Settlement explaining why you believe the Court should reject the settlement. If your objection is overruled by the Court, you will receive a payment and you will not be able to sue SAFE Credit Union for the claims asserted in this litigation. If the Court agrees with your objection, then the settlement may not be approved.