The Burgardt v. The Golden 1 Credit Union class action settlement addresses improper charges of non-sufficient funds (NSF) fees that disproportionately affected credit union members between September 3, 2015 and April 1, 2019. The settlement, pending in Sacramento Superior Court under case number 34-2019-00263962-CU-BC-GDS, targets a specific practice where customers were charged multiple NSF fees when initial collection requests failed due to insufficient funds and were subsequently re-presented—meaning the customer was charged repeatedly for the same underlying shortfall. For example, if a customer’s account had $50 and a $75 check bounced, then a second attempt to process that same check also failed, they could be charged an NSF fee for each rejection, effectively penalizing them twice for a single transaction.
This settlement represents an important class action recovery opportunity for affected Golden 1 Credit Union members. The settlement website, nonsufficientfundsfeesettlement.com, provides detailed information about eligibility and the claims process. Golden 1 Credit Union disputes the allegations and maintains that all fees were assessed in accordance with its customer agreements, disclosures, and applicable law—a position the company takes in all such cases. Eligible class members may be entitled to compensation for improperly charged fees, making it important to understand the details of the settlement and determine whether you qualify.
Table of Contents
- What Is the Golden 1 NSF Fee Class Action Settlement?
- The Earlier Golden 1 Overdraft Fee Settlement and What It Teaches Us
- Who Is Eligible for the NSF Fee Settlement?
- How to File a Claim in the NSF Fee Settlement
- Potential Settlement Award Amounts and Limitations
- Common Questions About Golden 1 NSF Fees
- What This Settlement Means for Banking Consumers Today
What Is the Golden 1 NSF Fee Class Action Settlement?
The Golden 1 NSF fee settlement specifically concerns the practice of charging multiple NSF fees on re-presented requests for collection. When a customer’s account lacked sufficient funds to cover a transaction, Golden 1 would attempt to collect the funds multiple times. According to the lawsuit, the credit union charged an NSF fee for each re-presented attempt, even though these attempts stemmed from the same original transaction. This practice is distinct from the earlier overdraft fee settlement involving Golden 1, which addressed courtesy pay overdraft fees charged when customers had a positive ledger balance but a negative available balance in their checking accounts. The named plaintiff in this case is Dwaine Burgardt, whose case alleges that this fee structure violated consumer protection laws and breached the credit union’s obligations to its members.
The claim period runs from September 3, 2015 through April 1, 2019—nearly four years during which Golden 1 members may have been subject to these charges. The settlement applies only to customers charged NSF fees during this specific window and only for those fees resulting from re-presented collection requests on the same underlying transaction. Understanding the distinction between this settlement and other fee-related claims is crucial: overdraft fees and NSF fees are technically different charges. An overdraft fee typically applies when a customer spends more than their available balance, while an NSF fee applies when a transaction is rejected due to insufficient funds. The Golden 1 overdraft settlement addressed the former; this settlement addresses the latter.
The Earlier Golden 1 Overdraft Fee Settlement and What It Teaches Us
Golden 1 Credit Union has faced previous class action settlements regarding fee practices. The earlier settlement concerning overdraft fees was valued at $5 million and addressed charges imposed on customers between April 2, 2009 and April 30, 2015. That settlement applied to customers who were charged courtesy pay overdraft fees when they had a positive ledger balance but a negative available balance in their checking accounts. The settlement limited recovery to up to 10 eligible overdraft fees per customer, meaning that even if a customer was charged more than 10 such fees during the claim period, they could only recover for 10 of them. This earlier settlement demonstrates an important limitation that may apply to the current NSF fee settlement as well: claim caps and eligibility restrictions.
Many class action settlements do not reimburse every single fee charged to every customer. Instead, they may limit recovery based on the number of qualifying transactions or the total amount owed to any individual class member. Potential claimants should carefully review the current settlement terms to understand whether similar limitations apply to NSF fee recovery. The history of these settlements also highlights a recurring issue in banking: fee structures that can unfairly compound costs for consumers who are already experiencing financial difficulty. When a customer lacks sufficient funds to cover a transaction, charging multiple fees for multiple re-presentation attempts can quickly escalate their financial distress. A customer who bounced a check and was charged $35 for the initial NSF, then $35 again for a re-presented attempt, effectively lost $70 over a single underlying transaction—a significant burden for someone already struggling with insufficient funds.
Who Is Eligible for the NSF Fee Settlement?
Eligibility for the Burgardt v. Golden 1 Credit Union NSF fee settlement is narrowly defined: you must have been a Golden 1 Credit Union member and been charged NSF fees on re-presented requests for collection between September 3, 2015 and April 1, 2019. The settlement applies specifically to the practice of charging fees on re-presented collection attempts, not to all NSF fees charged during this period. This distinction matters considerably—a customer may have paid NSF fees during the claim period but only qualify for settlement recovery if those fees were triggered by re-presented transactions. Golden 1 maintained accounts with diverse membership across California and other states, but the settlement applies only to accounts subject to these specific fee practices during the claim period.
If you closed your Golden 1 account after 2019, you may still qualify if you were charged qualifying NSF fees while the account was active. Conversely, if you joined Golden 1 after April 1, 2019, you would not be eligible, as the claim period has concluded. To determine your eligibility, the settlement website (nonsufficientfundsfeesettlement.com) provides tools and guidance. You will typically need to provide account information and documentation showing NSF fees charged during the relevant period. Golden 1 may have retained records of these fees, but having your own documentation—such as old account statements showing NSF charges and the dates they were assessed—strengthens your claim and expedites processing.
How to File a Claim in the NSF Fee Settlement
Filing a claim in the Burgardt v. Golden 1 Credit Union settlement requires several steps and attention to deadlines. The settlement website (nonsufficientfundsfeesettlement.com) hosts a claims portal where eligible members can submit their claims online. You will typically need to provide your former or current Golden 1 account number, personal identification information, and details about the NSF fees you believe you were charged during the September 3, 2015 to April 1, 2019 claim period. The claims process differs between early claims (which may offer enhanced recovery rates or benefits) and late claims (filed after the initial deadline). While some settlements allow unlimited time to file, most class action settlements impose filing deadlines.
Filing early ensures you don’t miss the opportunity to claim compensation. Gather any documentation you have—old statements, online banking records, screenshots, or correspondence with Golden 1 about fee disputes—to support your claim. The more specific information you provide about the dates and amounts of NSF fees you were charged, the stronger your claim will be. One limitation to keep in mind: the settlement website may request proof that you were actually charged the fees you claim. If you cannot locate statements or have only a vague recollection of fees charged years ago, your claim may be rejected or delayed pending verification from Golden 1’s records. Unlike some settlements where the defendant’s internal records alone trigger payment, NSF fee settlements often require corroboration from the claimant.
Potential Settlement Award Amounts and Limitations
The exact amount individual class members may receive from the Burgardt settlement has not been publicly disclosed in detail, but class action settlements typically distribute compensation based on the number of valid claims received and the total settlement pool. Awards vary widely depending on how many class members file claims—a settlement worth tens of millions divided among hundreds of thousands of claimants yields small per-person payouts, while the same settlement divided among thousands of claimants yields much larger individual checks. Settlement awards in fee-related cases often range from $25 to $500 per claimant, depending on the case and the number of qualifying charges. Your individual award will likely depend on how many NSF fees you can document were charged during the claim period.
Customers charged 5 qualifying fees will receive less than those charged 20 qualifying fees, though the settlement may also impose per-claimant maximums. Additionally, the settlement may deduct administrative costs, plaintiff attorney fees, and settlement administration costs before distributing awards to class members, further reducing the pool available to individual claimants. A critical limitation: settlement awards are typically not “compensation.” If you owe Golden 1 any outstanding debts or if Golden 1 has garnished your account previously, the credit union may attempt to offset your settlement award against those obligations. Some settlements provide protection against such offsets, but you should inquire about this when filing your claim or contact the claims administrator if you have outstanding Golden 1 debts.
Common Questions About Golden 1 NSF Fees
Customers frequently ask whether NSF fees and overdraft fees are the same thing. They are not. NSF (non-sufficient funds) fees apply when a transaction is rejected due to insufficient funds in the account. Overdraft fees apply when the credit union covers the transaction anyway, allowing the account to go negative. Both fees can compound financial hardship, which is why regulators have increasingly scrutinized banking fee practices.
The Golden 1 settlements address both practices, but separately and for different time periods. Another common question: can you file a claim if Golden 1 is no longer your bank? Yes. Class action settlement eligibility is based on membership during the claim period, not current status. If you closed your Golden 1 account years ago but were charged NSF fees while you were a member, you remain eligible. The settlement administrator will contact you using the contact information associated with your account, which may be why using a current email address or phone number during the claims process is important.
What This Settlement Means for Banking Consumers Today
The Burgardt settlement, like the earlier Golden 1 overdraft settlement, reflects a broader regulatory and legal movement toward holding financial institutions accountable for fee structures that harm consumers. Courts and regulators increasingly examine whether fees are disclosed clearly, whether their amounts are reasonable relative to the bank’s actual costs, and whether the fee structure itself exploits vulnerable customers. The NSF re-presentation fee practice—charging repeatedly for the same failed transaction—has faced particular scrutiny because it feels punitive rather than cost-based.
Looking forward, consumers should be more vigilant about fee practices at their own financial institutions and should review their account agreements to understand when and how NSF, overdraft, and other charges apply. If you notice a pattern of repeated fees for the same transaction, unexplained multiple charges for a single failure, or fees that seem excessive relative to the harm caused, these may be indicators of unfair fee practices. Keeping documentation of fee charges and understanding your rights as a customer protects you against future abuses and strengthens any future claims should similar settlements become available.
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