October 30, 2013

The Settlement Administrator is issuing distribution checks to the approximately 130,000 claimants who submitted valid claims in the case. You should note that distribution checks will be void after 90 days from the date on the check. We encourage you to deposit your check promptly.

If you filed a valid claim in this case and do not receive a check by November 15, 2013, you should contact the Settlement Administrator using the "Contact Us" button to the right, or you may write to: Esslinger v. HSBC Bank Nevada N.A. c/o Heffler Claims Administrator P.O. Box 230, Philadelphia, PA 19105.

You should not contact the Court.

Frequently Asked Questions


Questions Relating to the Lawsuit



 Questions Relating to the Lawsuit

  1. Who is in the Settlement Class?   (top)
    The United States District Court for the Eastern District of Pennsylvania has certified, for settlement purposes only, a class action in Esslinger v. HSBC Bank Nevada, N.A., et al., Case No. 2:10-cv-03213-BMS. The class (the "Settlement Class") is defined as:

    All persons in the United States who were enrolled in or billed for HSBC debt cancellation and debt suspension products between July 2, 2004 and February 23, 2012.
  2. What is this lawsuit about?   (top)
    The Actions were filed between July 2, 2010 and April 29, 2011 in different courts across the country. The allegations in the Actions include, among others, that: (A) HSBC marketed and sold HSBC Payment Protection products to customers by misrepresenting and omitting certain material facts regarding the terms and conditions of the products; (B) plaintiffs were enrolled in HSBC Payment Protection without their consent; (C) HSBC improperly marketed and sold HSBC Payment Protection without being subject to insurance regulations; (D) HSBC improperly required customers to enroll in HSBC Payment Protection before providing customers with terms and conditions; (E) certain customers were improperly enrolled in HSBC Payment Protection despite being ineligible for benefits; (F) the fees charged for HSBC Payment Protection were both misrepresented to customers and excessive in relation to the benefits received; (G) customers who were either ineligible for or denied HSBC Payment Protection benefits did not receive a refund of premiums paid and continued to be charged for the HSBC Payment Protection product; and (H) the procedure for obtaining HSBC Payment Protection benefits was so difficult and confusing to so as to render the product worthless to customers.

    HSBC denies these allegations; however, in order to avoid the expense, inconvenience and distraction of continued litigation, HSBC has agreed to the Settlement described herein.
  3. Who represents me?   (top)
    In a class action, one or more people or entities called class representatives sue on behalf of people and entities who have similar claims. In this case, Peggy Colton, Edward T. Esslinger, Gloria Glover, DeShea Head, Nancy Janowski, Cylinda McAlister, James W. McKinney, Margaret Reener, Marilyn Rivera, Ardath Rogers, Dwight C. Samuels and Constantine Yiannacopoulos sued HSBC in a representative capacity, and the Court has appointed them Settlement Class Representatives for all Settlement Class members, including you, in this case.

    The Court also approved the law firms of Nagel Rice, LLP; Golomb & Honik, P.C.; and Taus Cebulash & Landau LLP as Settlement Class Counsel to represent you and the other Settlement Class members. If you want to be represented by your own lawyer, you may hire one at your own expense.
  4. What benefits may i receive as a result of this settlement?   (top)
    Under the Settlement, HSBC has agreed to establish a Settlement Fund of Twenty-Three Million, Five Hundred Thousand Dollars ($23,500,000.00) to fund the payment of claims by Settlement Class members as well as settlement notice and administration costs, attorneys' fees and costs to Settlement Class Counsel and service awards for the Settlement Class Representatives in amounts to be approved by the Court. Each Settlement Class member who submits a valid claim form will receive a share of the Settlement Fund after deduction of notice and administration costs and attorneys' fees, costs and service awards as approved by the Court.

    You cannot receive a payment unless you submit a claim form. Claim forms may be submitted online on this website or by filling out and mailing the attached form. Submitting claims online is recommended.

    Payments to Settlement Class Members shall be by check except, at HSBC's sole option, payments may be made by account credit to the Settlement Class Members who are current HSBC card account holders carrying a balance owed to HSBC (at the time settlement awards are paid to Settlement Class Members) and to Settlement Class Members whose accounts have been charged off.

    In the event that the total of the foregoing awards exceeds or is less than the balance remaining in the Settlement Fund after payment of all Settlement costs, the award amount shall be reduced or increased on a pro rata basis; provided, however, that no Settlement Class member shall recover a pro rata share in excess of $150.00.
  5. Do I have to pay the lawyers representing me?   (top)
    No. Settlement Class Counsel will apply to the Court for an award of attorneys' fees and costs from the Settlement Fund in an amount not greater than $ 7,797,000.00. To date, Settlement Class Counsel have not received any payment for their services in conducting this Litigation on behalf of the Settlement Class Representatives and the members of the Settlement Class; nor have Class Counsel been reimbursed for their costs and expenses directly relating to their representation of the Settlement Class. Settlement Class Counsel are also moving the Court for service awards to the Settlement Class Representatives of no more than $3,500 each as a recognition of their service to the Settlement Class. The amount of any fee or service award will be determined by the Court.
  6. What am I agreeing to by remaining in the Settlement Class in this case?   (top)
    Unless you exclude yourself, you will be part of the Settlement Class, and you will be bound by the release of claims in the Settlement. This means that if the Settlement is approved, you cannot sue, continue to sue, or be part of any lawsuit against HSBC asserting a released claim, such as a suit related to an HSBC Payment Protection product. 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.

    The released claims that you will not be able to assert against HSBC or its related parties if you remain a part of the Settlement Class include the following:

    Any and all claims (1) that arise out of, relate to, or are in connection with any HSBC Payment Protection product, including, without limitation, relating to the development, sale, pricing, marketing, claims handling and/or administration of HSBC Payment Protection; or (2) that arise out of or relate in any way to the administration of the Settlement.

    If you remain a part of the Settlement Class, you will not be able to assert these claims against HSBC, its present, former and future direct and indirect parent companies, affiliates, subsidiaries, agents, successors, predecessors in interest, officers, directors, employees, attorneys, shareholders, agents, vendors, assigns, or certain other related parties identified in the Settlement Agreement.
  7. What if I do not agree with the settlement?   (top)
    The Court will hold a hearing in this case (Esslinger v. HSBC Bank Nevada, N.A., Case No. 2:10-cv-03213-BMS) on October 1, 2012 at 9:00 a.m. before the Hon. Berle M. Schiller, United States District Judge, in Courtroom 13613 of the U.S. District Court for the Eastern District of Pennsylvania, 601 Market Street, Philadelphia, PA 19106, to determine whether the settlement should be approved and whether to award attorneys' fees and costs to Class Counsel and service awards to Plaintiffs.

    If you are a member of the Settlement Class, you may object to the Settlement or any part of the Settlement that you think the Court should reject, and the Court will consider your views. If you timely file a written objection, you may also appear at the hearing, although you do not have to.

    If you wish to assert an objection, you must file a written objection with the Clerk of the Court, U.S. District Court for the Eastern District of Pennsylvania, 601 Market Street, Philadelphia, Pennsylvania 19106, and mail copies to: Class Counsel – Diane E. Sammons, Nagel Rice, LLP, 103 Eisenhower Parkway, Roseland, New Jersey 07068; and counsel for HSBC – Julia B. Strickland, Stroock & Stroock & Lavan LLP, 2029 Century Park East, 16th Floor, Los Angeles, California 90067. Your objection must include: (a) the name and case number of this lawsuit (Esslinger v. HSBC Bank Nevada, N.A., Case No. 2:10-cv-03213-BMS); (b) your full name, address and account number (if known); (c) a detailed statement of your specific objections; (d) the grounds for your objections; and (e) any documents that you want the Court to consider. If you or your counsel intend to appear at the hearing, you must also file a notice of intention to appear with the Court and serve copies on Class Counsel and HSBC's counsel at the addresses above. Written objections and notices of intention to appear must be filed with the Court Clerk not later than August 6, 2012, and mailed to Class Counsel and counsel for HSBC, postmarked no later than the last day to file the objection and notice of intention to appear.
  8. How do I exclude myself from the Settlement Class in this case?   (top)
    If you want to keep the right to sue or continue to sue HSBC, on your own, about any of the released claims, you must exclude yourself from the Settlement Class. If you exclude yourself, you will not be eligible to recover any benefits as a result of this Settlement.

    Exclusion requests must: (1) be signed by you; (2) include your full name, address and account number; and (3) include the following statement: "I/we request to be excluded from the settlement in Esslinger v. HSBC Bank Nevada, N.A." No request for exclusion will be valid unless all of the information described above is included. An exclusion request by any one holder of an account shall apply to the account as a whole, including all named account holders/authorized users. You must mail your exclusion request so that it is received no later than August 6, 2012 to the following address: HEFFLER CLAIMS ADMINISTRATION, P.O. BOX 230, PHILADELPHIA, PA 19105-0230.

    REQUESTS FOR EXCLUSION FROM THE CLASS THAT ARE NOT RECEIVED ON OR BEFORE AUGUST 6, 2012 WILL NOT BE HONORED.

    You cannot exclude yourself from the Settlement Class by telephone or by email. You cannot exclude yourself by mailing a request to any other location or after the deadline. Your exclusion letter must be signed by you. You cannot exclude yourself by having an actual or purported agent or attorney acting on behalf of you or a group of Settlement Class members sign the letter.
  9. What happens if I do nothing at all?   (top)
    If you do nothing, you will remain a member of the Settlement Class and you will give up certain rights to sue HSBC as described in part 6 above; however, you will not receive any money because you must file a claim form in order to receive a monetary benefit in this Settlement. See part 4, above.
  10. Is this the entire settlement?   (top)
    No. This is only a summary of the Settlement. If the Settlement is approved and you do not exclude yourself from the Settlement Class, you will be bound by the Settlement Agreement, and not just by the terms of this Notice. Capitalized terms in this Notice are defined in the Settlement Agreement. You can review the full Settlement (including the Settlement Agreement) online on this website, or you can write to the address below or call the toll free number below for more information,
  11. Where can I get more information?   (top)
    For more information, you may visit this website, you may write to the Settlement Administrator at Heffler Claims Administration, P.O. Box 230, Philadelphia, PA 19105-0230.

    DO NOT CALL OR WRITE TO THE COURT OR THE CLERK OF THE COURT. DO NOT CONTACT HSBC ABOUT THE SETTLEMENT. TELEPHONE REPRESENTATIVES ARE NOT AUTHORIZED TO CHANGE THE TERMS OF THE SETTLEMENT OR THIS NOTICE.

  12. Contact us for more information about this page.


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Important Documents

Important Dates

  • August 6, 2012
    Your request to be excluded from the settlement (and receive no money from the settlement), must be received by Heffler Claims Administration by this date.
  • August 6, 2012
    Your request to object to the settlement and notice of intention to appear at the final hearing must be received by this date. Please see the Full Notice for the specific instructions on how to file an objection and notice of intention to appear.
  • October 1, 2012
    The Court will hold a final hearing in this case to determine whether the settlement should be approved and whether to award attorneys’ fees and costs to Class Counsel and service awards to the Plaintiffs on this date.
  • October 20, 2012
    Your Claim Form must be received by Heffler Claims Administration by this date in order to receive benefits from the settlement.

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As Settlement Administrator, we welcome your inquiries, comments, and/or requests.

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