Frequently Asked Questions

  1. Why is there a Notice?

    A Court authorized this notice because you have a right to know about the proposed Settlement of this class action lawsuit, and about all of your options, before the Court decides whether to give Final Approval to the Settlement. This notice explains the lawsuit, the Settlement and your legal rights.

    The U.S. District Court, Central District of California is overseeing this case. The case is known as Lisa Silveira v. M&T Bank, Case No. 2:19-cv-06958-ODW-KS, (the “Action”). The person who sued is called the “Plaintiff,” in this case that is Lisa Silveira. The Defendant is M&T Bank (“M&T”).

    To view a copy of the Notice, click here.

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  2. What is this lawsuit about?

    A Settlement has been reached in a class action lawsuit that alleges that M&T charged borrowers Pay-to-Pay Fees to make mortgage payments online or by phone. The Action asserts that M&T’s practice of charging such fees, among other things, violated the Fair Debt Collection Practices Act and the Rosenthal Fair Debt Practices Act, and breached the terms of the borrowers’ loan agreements. M&T denies the allegations asserted in the Action.

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  3. Why is this a class action?

    In a class action, one or more people called class representatives (in this case, Plaintiff Lisa Silveira) sue on behalf of people who have similar claims. The people included in the class action are called the Settlement Class or (“Settlement Class Members”). One court resolves the issues for all Settlement Class Members, except for those who timely exclude themselves from the Settlement Class.

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  4. Why is there a Settlement?

    The Court has not decided in favor of either the Plaintiff or M&T. Instead, both sides agreed to the Settlement. By agreeing to the Settlement, the Parties avoid the costs and uncertainty of a trial, and Settlement Class Members receive the benefits described in this notice. The Class Representative and Class Counsel believe the Settlement is best for everyone who is affected.

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  5. Who is included in the Settlement?

    The Settlement Class includes all borrowers with a residential mortgage loan serviced by M&T from whom M&T collected a Pay-to-Pay Fee from the period of August 9, 2015, through May 6, 2021. Excluded from the Settlement Class is M&T Bank, its parents, subsidiaries, affiliates, officers and directors, all Settlement Class Members who make a timely election to be excluded, and all judges assigned to this litigation and their immediate family members.

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  6. What does the Settlement provide?

    In the proposed Settlement M&T has agreed to create a $3,325,000.00 Settlement Fund. Notice and Administrative Costs, any Court-awarded Attorneys’ Fees and Expenses to Class Counsel, and any Service Award to the Class Representative will be paid out of the Settlement Fund first. The remaining balance of the Settlement Fund (the “Net Settlement Fund”) will be distributed among the Class Representative and the Settlement Class Members who are not excluded from the class.

    Allocations of the Settlement Fund will be calculated on a loan-by-loan basis, not a borrower-by-borrower basis, such that the settlement payment on any loan with more than one Settlement Class Member borrower shall be made payable jointly to all Settlement Class Member borrowers on that loan. For each loan within the Settlement Class, the Settlement Administrator shall allocate the amount of the Net Settlement Fund that represents the proportional amount of Pay-to-Pay Fees charged by M&T within the Class Period on that loan. By way of illustration, if you are a borrower on a loan that paid one percent of the total Pay-to-Pay Fees collected by M&T during the Class Period, you (and any co-borrower on the loan) will be allocated one percent of the Net Settlement Fund.

    If there is any amount in the Settlement Fund that remains following the distribution of checks to Settlement Class Members as a result of checks being returned undeliverable or which are not cashed within 90 days, that amount will be distributed on a pro rata basis to Settlement Class Members who cashed their checks. If there is any amount in the Settlement Fund that remains following the secondary distribution, or there are not enough funds to make a secondary distribution economically feasible, then, with the Court’s approval, the remaining amount will be paid to a 501(c)(3) charitable organization that will be proposed by the Parties in advance of final approval.

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  7. How and When do I receive a payment?

    If you are in the Settlement Class, and do not exclude yourself from the Settlement Class, you will automatically receive payment, and you do not need to take any further action.

    As described below in FAQ 16, the Court will hold a Fairness Hearing on September 27, 2021, to decide whether to grant final approval of the Settlement. The Court must finally approve the Settlement before any relief will be distributed, and it will only do so after finding that the Settlement is fair, reasonable, and adequate. In addition, any final approval order the Court may enter may be subject to appeal. If there are any such appeals, resolving them takes time. Payments to Settlement Class Members will only be made after the time for any appeals expires.

    Payments to Settlement Class Members will be made in the form of a check, and all checks will expire and become void 90 days after they are issued. For good cause shown by the Settlement Class Member involved, however, the Settlement Administrator may reissue a check for up to an additional 90-day period following the original 90-day period.

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  8. What am I agreeing to by remaining in the Settlement Class in this case?

    If the Settlement receives final approval from the Court, the Settlement will be legally binding on all Settlement Class Members, including Settlement Class Members who object. If you, or someone acting on your behalf, are currently litigating claims against M&T or other Released Parties that are the same as or similar to those addressed here, you will be barred from pursuing the claims released by the Settlement unless you validly opt out, as described above.

    The full terms of the release, which will bind all Settlement Class Members as to certain claims against M&T and certain affiliates and related entities (“Released Parties”), are set forth in the Settlement Agreement, which is on file with the Court, and which is available on the documents page of this website. Unless you exclude yourself, you will be part of the Settlement Class, and that means that any claims you have regarding Pay-to-Pay Fees you paid to M&T will be fully and completely resolved, and that you cannot sue, continue to sue, or be part of any other lawsuit against M&T about M&T’s collection of Pay-to-Pay Fees. It also means that the Court’s Orders approving the Settlement and the judgment in this case will apply to you and legally bind you.

    If you want to keep the right to sue or continue to sue M&T, on your own, about M&T’s collection of Pay-to-Pay Fees, you must exclude yourself from the Settlement Class in this case. If you exclude yourself, as set forth above, you will not receive any of the benefits of the Settlement, as described above.

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  9. How do I get out of the Settlement?

    If you do not want benefits from the Settlement, and you want to keep the right to sue M&T on your own about the legal issues in this Action, then you must take steps to get out of the Settlement. This is called excluding yourself — or it is sometimes referred to as “opting-out” of the Settlement Class.

    If you choose to exclude yourself, or “opt out,” of the Settlement, you must send a written statement to the Settlement Administrator that includes:

    1. your full name and current address;
    2. your M&T loan number; and
    3. a specific statement that you desire to be excluded from the Settlement Class.

    You must personally sign your written “opt-out” statement and mail it postmarked no later than August 3, 2021, to the following address:

    Settlement Administrator
    c/o Epiq
    P.O. Box 3719
    Portland, OR 97208-3719

    PLEASE NOTE: If you are a co or joint borrower on a loan covered by the Settlement and you opt out of the Settlement, all co or joint borrowers on the loan will also be excluded from the Settlement. Similarly, if you are a co or joint borrower on a loan covered by the Settlement and another borrower on that loan is a Class Member who opts out of the Settlement, you will also be excluded from the Settlement.

    If you do not opt out, and no co or joint borrower on your loan opts out, you will be bound by this Settlement.

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  10. If I don’t exclude myself, can I sue M&T for the same thing later?

    No. Unless you exclude yourself, you give up the right to sue M&T for the claims that the Settlement resolves. You must exclude yourself from this Settlement Class in order to try to pursue your own lawsuit.

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  11. If I exclude myself from the Settlement, can I still receive a payment?

    No. You will not receive a payment if you exclude yourself from the Settlement.

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  12. Do I have a lawyer in this case?

    The Court has appointed Bailey & Glasser LLP and Tycko & Zavareei LLP to represent you and other Class Members in this Action and for purposes of this Settlement, and for no other purpose. These attorneys are called “Class Counsel.” You will not be charged for these lawyers. If you want to be represented by your own layer in this case, you may hire one at your own expense.

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  13. How will the lawyers be paid?

    Class Counsel will ask the Court to award attorneys’ fees in an amount not to exceed twenty-five percent of the Settlement Fund, plus litigation costs and expenses. Class Counsel will also request Court approval of a Service Award to the Class Representative in the amount of $5,000. Class Counsel will file that request, along with all supporting documents, by July 21, 2021. The request and all supporting papers will be made available for your review on this website. The Court will determine the appropriate amount of the attorneys’ fees and awards to be paid. The Settlement is not conditioned upon approval of any of the attorneys’ fees, costs, or service award amounts.

    You are not required to make any payments to Class Counsel in this Action.

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  14. How do I tell the Court that I don’t like the Settlement?

    You may remain a member of the Settlement Class, but object to the terms of the Settlement. You may object to all or any portion of the Settlement at the Fairness Hearing, but you must first explain your objections in writing. All objections must include:

    1. The name of this Action, which is Lisa Silveira v. M&T Bank, Case No. 2:19-cv-06958-ODW-KS;
    2. your full name, current address, and telephone number;
    3. your M&T loan number;
    4. a statement of the position you wish to assert, including the factual and legal grounds for the position;
    5. the names and a summary of testimony of any witnesses that you intend to call in connection with the objection;
    6. copies of all documents that you wish to submit in support of your position;
    7. the name(s) of any attorney(s) representing you;
    8. the name, court, and docket number of any class action litigation in which you or your attorney(s) have previously appeared as an objector or provided legal assistance with respect to an objection
    9. a statement as to whether the objection applies only to you, to a specific subset of the class, or to the entire class; and
    10. Your signature (an attorney’s signature is not sufficient).

    To be considered, objections must be:

    1. mailed to the Settlement Administrator by first class U.S. mail, postage paid, to the address below and postmarked no later than August 3, 2021; and
    2. filed with the Court and mailed or otherwise delivered to Class Counsel and Counsel for M&T.

    If you are not represented by Counsel, you may file your objection with the Court by mailing it to the address below. If you are represented by Counsel, your Counsel must file an appearance and submit your objection through the Court’s e-filing system.

    The addresses are:

    Settlement Administrator Counsel For Class Representative Counsel for M&T The Court
    Settlement Administrator
    c/o Epiq
    P.O. Box 3719
    Portland, OR 97208-3719
    James Kauffman
    Bailey & Glasser LLP
    1055 Thomas Jefferson Street NW
    Suite 540
    Washington, DC 20007

    Hassan Zavareei
    Tycko & Zavareei LLP
    1828 L Street, NW
    Suite 100
    Washington, DC 20036
    Michael J. Agoglia
    Alston & Bird LLP
    560 Mission Street
    Suite 2100
    San Francisco, CA 94105
    Clerk of Court, United States District Court for the Central District of California
    255 E. Temple Street, Suite TS-134
    Los Angeles, CA 90012-3332

    You have the right to consult with your own attorney, at your own expense, before deciding how best to proceed.

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  15. What’s the difference between objecting and excluding?

    Objecting is telling the Court that you do not like something about the Settlement. You can object to the Settlement only if you do not exclude yourself from the Settlement. Excluding yourself from the Settlement is telling the Court that you do not want to be part of the Settlement. If you exclude yourself from the Settlement, you have no basis to object to the Settlement because it no longer affects you.

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  16. When and where will the Court decide whether to approve the Settlement?

    The Court will hold a Final Approval Hearing (“Fairness Hearing”) on September 27, 2021, at 1:30 p.m. at the United States District Court for the Central District of California, First Street Courthouse, 350 W. 1st Street, Los Angeles, CA 90012 – Courtroom 5D, 5th Floor. At this hearing, the Court will consider whether the Settlement is fair, reasonable and adequate. The Court will also consider any request by Class Counsel for Attorneys’ Fees and Expenses and for Service Award for the Class Representative. If there are objections, the Court will consider them at this time. After the hearing, the Court will decide whether to approve the Settlement. We do not know when the Court will make its decision.

    The Court will hear objections at the hearing only from those who timely object to the Settlement, as described in FAQ 14. You may participate in the Fairness Hearing with or without an attorney, but if you choose to be represented by an attorney, you must do so at your own expense.

    The hearing may be moved to a different date or time without additional notice, so it is a good idea to check this website frequently for updates.

    YOU DO NOT HAVE TO APPEAR AT THE HEARING TO RECEIVE THE BENEFITS OF THE SETTLEMENT.

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  17. Do I have to come to the Hearing?

    No. Class Counsel will answer any questions the Court may have. But, you may come at your own expense. If you submit an objection, you do not have to come to Court to talk about it. As long as you submit your written objection on time, to the proper address and it complies with the requirements set forth previously, the Court will consider it. You may also pay your own lawyer to attend, but it is not necessary.

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  18. What happens if I do nothing at all?

    Unless you exclude yourself, you will be a Settlement Class Member, and that means that you will receive a payment and any claims you have regarding fees Pay-to-Pay Fees you paid to M&T will be fully and completely resolved, and that you cannot sue, continue to sue, or be part of any other lawsuit against M&T about M&T’s collection of Pay-to-Pay Fees. It also means that the Court’s Orders approving the Settlement and the judgment in this case will apply to you and legally bind you.

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  19. How do I get more information?

    If you have questions regarding the Settlement, you may contact the Settlement Administrator at:

    Settlement Administrator
    c/o Epiq
    P.O. Box 3719
    Portland, OR 97208-3719
    1-855-917-3514

    You may also contact Class Counsel at:

    James Kauffman
    Bailey & Glasser LLP
    1055 Thomas Jefferson Street NW
    Suite 540
    Washington, DC 20007
    1-202-463-2105
    jkauffman@baileyglasser.com.

    Hassan Zavareei
    Tycko & Zavareei LLP
    1828 L Street, NW
    Suite 100
    Washington, DC 20036
    1-202-973-0900
    hzavareei@tzlegal.com.

    You may also review the Court’s file during regular Court hours at:

    U.S. District Court for the Central District of California
    255 E. Temple Street
    Suite TS-134
    Los Angeles, CA 90012-3332

    You may also view additional information, including the Settlement Agreement, and copies of other relevant documents and Court Orders, on the Documents pages of this website.

    PLEASE DO NOT TELEPHONE THE COURT, THE JUDGE, OR THE CLERK OF THE COURT.

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