Facts

Amber Marsh and Stacie Evans filed a class action against Zaazoom Solutions LLC, Zaza Pay LLC, Multiecom LLC, Online Resource Center LLC, First Bank of Delaware, First National Bank of Central Texas, Jack Henry & Associates Inc., Automated Electronic Checking Inc., Data Processing Systems LLC. Defendants consisted of Internet merchants and check processing companies.

PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that the Internet merchant defendants unscrupulously obtained consumers' personal information from payday loan websites to enroll them in discount services without their consent. Plaintiffs then contended that defendants collected payment for the "coupon service memberships," drawn directly from their personal bank accounts. Plaintiffs alleged that the check processing defendants contracted with the Internet merchant defendants to generate, process, and deposit those unauthorized checks.

Plaintiffs asserted various claims against defendants, including common law negligence.

With respect to defendant First Bank of Delaware, plaintiffs contended that ZaaZoom and its related entities attempted to withdraw money from consumers' bank accounts and deposited such funds at First Bank of Delaware. In addition, ZaaZoom and other defendants deposited the "membership dues" at First Bank of Delaware.

DEFENDANTS' CONTENTIONS:
Defendant First Bank of Delaware denied any wrongdoing. The bank contended that it neither had any customer or contractual relationship with plaintiffs nor the putative class. First Bank of Delaware contended that it was only a tertiary actor, and had no direct link or other legal duty to plaintiffs. In addition, the bank disclaimed any duty with regard to the Internet merchants and therefore it couldn't be held liable for negligence.

Result

Defendant First Bank of Delaware agreed to settle plaintiffs' sole remaining claim against it for common law negligence. First Bank of Delaware and Evans agreed to a $527,750 settlement. Excluded from this settlement were the non-settling defendants, including ZaaZoom Solutions, LLC, ZaZa Pay LLC, MultiECom, Online Resource Center, Jack Henry & Associates, Data Processing Systems, Automated Electronic Checking, and First National Bank of Central Texas.