LEGAL NOTICE BY ORDER OF COURT

IF YOU WERE ASSESSED OVERDRAFT OR NSF FEES ON A PERSONAL OR BUSINESS CHECKING ACCOUNT MAINTAINED BY TOMPKINS DURING THE CLASS PERIOD, YOU MAY BE ELIGIBLE FOR A CASH PAYMENT OR AN ACCOUNT CREDIT FROM A CLASS ACTION SETTLEMENT.

This Notice describes rights you may have in connection with the settlement of a lawsuit.

The United States District Court for the Northern District of New York authorized this Notice.  
This is not a solicitation from a lawyer. This is not a legal action against you.

• Tompkins Community Bank (“Tompkins”) has agreed to pay $450,000 into a fund from which eligible persons will receive cash payments or account credits. The fund also will be used to pay settlement Administrative Expenses and any Court-awarded Service Awards, attorneys’ fees, and costs.
• The settlement resolves a lawsuit brought against Tompkins’ regarding Overdraft Fees and
  non-sufficient fund (“NSF”) fees that may be assessed when a checking account transaction is presented multiple times for payment  (collectively “Challenged Fees”).
• If you were assessed any Challenged Fees during the Class Period by Tompkins on a business or personal checking account, you fit the description of the Settlement Class (as defined below), and are eligible to receive a payment or an account credit.
• Court-appointed lawyers for the Settlement Class (“Class Counsel”) will ask the Court for a payment of up to $150,000 from the fund as attorneys’ fees, which is equal to one-third of the Settlement Amount. Class Counsel also will ask the Court to reimburse them for the out-of-pocket expenses they paid to investigate the facts and litigate the case.
• The named Plaintiff will also seek approval of a $5,000 Service Award from the Court.
• The two sides disagree on whether the named Plaintiff and the Settlement Class could have won
  at trial.
• Your legal rights are affected whether you act or don’t act. Read this Notice carefully.

The foregoing description of the Settlement Agreement and Release does not purport to be complete and is qualified in its entirety by reference to the full text of the Settlement Agreement and Release, a copy of which is available on this website, in the Documents tab. In the event of a conflict between the foregoing description and the provisions of the Settlement Agreement and Release, the provisions of the Settlement Agreement and Release prevail.

FOR ADDITIONAL INFORMATION REGARDING THIS SETTLEMENT, OR FOR INFORMATION ON HOW TO REQUEST EXCLUSION FROM THE SETTLEMENT CLASS OR FILE AN OBJECTION, PLEASE CONTACT THE SETTLEMENT ADMINISTRATOR AT Mock v. Tompkins Settlement Administrator, P.O. Box 301132, Los Angeles, CA 90030-1132 . Please do not call or write the Court, the Court Clerk’s office, Tompkins, or Tompkins’ Counsel for more information. They will not be able to assist you.

BASIC INFORMATION The purpose of this Notice is to let you know that a proposed settlement has been reached in a proposed class action case entitled Mock v. Tompkins Community Bank, Case No. 3:22-cv-00995, pending in the U.S. District Court for the Northern District of New York. Plaintiff has alleged that: (1) Tompkins breached its customer contracts and implied duty of good faith and fair dealing by assessing more than one Overdraft Fee or NSF Fee when a checking account transaction is presented multiple times for payment; (2) Tompkins was unjustly enriched by its collection of such Overdraft Fees or NSF Fees; and (3) Tompkins violated New York General Business Law § 349 et seq. Tompkins denies Plaintiff’s allegations, denies that it did anything wrong, and maintains that it assessed Overdraft Fees and NSF Fees consistent with the relevant agreement and industry best practices. The Court has not decided who is right. You have legal rights and options that you may act on before the Court decides whether to approve the proposed settlement. Because your rights will be affected by this settlement, it is extremely important that you read this Notice carefully. This Notice summarizes the settlement and your rights under it.
YOUR LEGAL RIGHTS AND OPTIONS
DO NOTHING	If you are eligible for a Cash Award, you do not need to submit a claim to receive the settlement benefits. If you are a current Tompkins accountholder and are eligible for a Cash Award, you will receive a direct deposit into your checking account reflecting your share of the settlement; if you are a former Tompkins accountholder and are eligible for a Cash Award, you will receive a check sent to the most recent address that the Settlement Administrator can locate for you.
EXCLUDE YOURSELF BY JANUARY 11, 2024	If you choose to exclude yourself from the settlement, you will get no benefit from the Settlement Fund, but you will keep any rights you have to bring your own suit against Tompkins at your own expense. This is the only option that allows you to ever be part of any other separate lawsuit against Tompkins about the legal claims in this case.
OBJECT BY JANUARY 11, 2024	Write to the Court explaining why you don’t like the settlement.
ATTEND A HEARING ON MARCH 1, 2024	Ask to speak in Court about the fairness of the settlement.
The Court in charge of this case still has to decide whether to approve the settlement. If it does and any appeals are resolved, benefits will be distributed to those who qualify and do not exclude themselves. Please be patient.