Morris v. Walmart, Inc.

No.1:22-cv-00016-SPW-TJC (D. Mont.)

Frequently Asked Questions

1. What is this lawsuit about?

  • This lawsuit is about whether the disclosures posted at every Walmart point of sale and PIN Pad in the country sufficiently notify customers that they may incur multiple bank fees for failing to have sufficient funds in their accounts. 
  • In this lawsuit, Plaintiff alleges that Walmart’s check processing disclosures did not sufficiently inform shoppers that Walmart and its check processor TeleCheck, might make multiple attempts to cash bounced checks and, if successful, might also make multiple attempts to recover “return fees” from shoppers’ bank accounts. Plaintiff further contends that she and the Class Members were damaged when they incurred multiple bank fees as a result of Walmart and TeleCheck repeatedly attempting to collect the underlying check amount and the return fee. Defendants deny Plaintiff’s allegations and do not admit any liability by entering into this Settlement Agreement.

2. Why is the lawsuit a class action?

Brandy Morris (“Named Plaintiff”) brought this action for injunctive relief on behalf of herself and all similarly situated individuals who failed to maintain sufficient funds in their accounts and incurred multiple bank fees due to TeleCheck’s multiple attempts to collect the underlying check amount and return fee. Under Federal Rule of Civil Procedure 23(b)(2), the Court can approve a class action settlement that results in a change in policy that will affect the entire class.

3. Why is there a Settlement?

There is a settlement because the parties were able to resolve their dispute without needing to litigate a costly trial. In any lawsuit, there are risks and potential benefits that come with a trial versus settling at an earlier stage. It is the job of Class Counsel to decide when a proposed settlement offer justifies settling the case instead of continuing to trial. In a class action, Class Counsel make this recommendation to Named Plaintiff, who must act in the best interests of the Class Members. In this case, the Named Plaintiff and Class Counsel believe this settlement is in the best interests of the Class Members. Defendants deny Plaintiff’s allegations and do not admit any liability by entering into this Settlement Agreement.

4. Am I part of the Settlement?

If you are a member of the class, which includes “all past and future customers who wrote a check for payment of goods or services at any Walmart retail store in the United States,” you will be bound by the Settlement Agreement. You may retain your own counsel for the purpose of challenging the Settlement.

5. What does the Settlement provide?

The Settlement does not provide monetary relief to class members. Instead, Walmart has agreed to change its check-processing disclosures at the point of sale and PIN Pad in each of its retail stores in the United States. Named Plaintiff has agreed to release her individual claim for damages against Walmart and TeleCheck, and the Class Members have agreed to release only their injunctive relief claims against Walmart and TeleCheck related to the Posted Disclosures and PIN Pad Disclosure. Class Counsel will request $1,850,000.00 USD in attorneys’ fees for time spent on the case, less the Named Plaintiff’s reasonable incentive award. 

6. What am I giving up?

You are giving up your right to sue Walmart and TeleCheck asking them to change the check processing disclosures located at the point of sale and PIN Pad, but you are not giving up your right to sue Walmart and TeleCheck for monetary damages.

7. Do I have a lawyer in this case?

Class Counsel represents you and the other Class Members. However, you may retain a lawyer to represent you at your own expense.

8. How will the Class Counsel lawyers be paid?

Defendants will pay Class Counsel. 

9. Can I opt out of the Settlement?

No. Because this settlement does not ask that you give up your right to seek compensation for your damages, there is no “opt-out” available. You can, however, object to the settlement.

10. How do I tell the Court that I do not agree with the Settlement?

  • To object, you must send a written document by mail or private courier (e.g., Federal Express) to the District Court at the addresses below, or by filing them in person at any location of the United States District Court for the District of Montana, by a due date of April 23, 2026. Your objection must include the following:
  • The names of the case, Morris v. Walmart, Inc., No.1:22-cv-00016-SPW-TJC (D. Mont.)
  • The objector’s name, address, telephone number, the last four digits of his or her member number or former member number, and the contact information for any attorney retained by the objector in connection with the objection or otherwise in connection with this case who may be entitled to compensation for any reason related to the objection
  • A statement of the factual and legal basis for each objection and any exhibits the objector wishes the Court to consider in connection with the objection
  • A statement as to whether the objector intends to appear at the Final Approval Hearing, either in person or through counsel, and, if through counsel, identifying the counsel by name, address, and telephone number
  • A list of all persons who will be called to testify at the Fairness Hearing in support of the objection; and
  • The objector’s signature or the signature of the objector’s legally authorized representative
  • Objections should be mailed to:

Clerk, United States District Court for the District of Montana

Missouri River Federal Courthouse

125 Central Avenue West, Suite 110

Great Falls, MT 59404

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

  • The Court will hold a Fairness Hearing on May 13, 2026, at 1:30 p.m. at the following address:

United States District Court for the District of Montana

Missouri River Federal Courthouse

125 Central Avenue West, Suite 110

Great Falls, MT 59404

  • At this hearing, the Court will consider whether the settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. 

12. Do I have to attend the Fairness Hearing?

No. Class Counsel will answer any questions the Court may have. You may attend if you desire to do so. If you have submitted an objection, then you may want to attend. The hearing may be virtual, in which case the instructions to participate shall be posted on this website.

13. What happens if I do nothing at all?

If the settlement is approved, you would benefit from Walmart’s changed checkout counter check disclosures. If the settlement is not approved, Walmart’s existing checkout counter check disclosures would remain the same.

Please do not contact Defendants in this matter.