Paula Sparkman v. Comerica Bank, et al.

Case No. 4:23-cv-02028-DMR in the United States District Court for the Northern District of California

Frequently Asked Questions

  1. Why did I get a Postcard Notice?

    1. The postcard notice and this website tell you about the settlement of a class action lawsuit, Paula Sparkman v. Comerica Bank, et al. brought on behalf of all persons issued a California Way2Go Prepaid Mastercard who had their unauthorized transfer dispute denied for conflicting information. You received a postcard notice because our records indicate you are a member of the group of people affected, called the “class.” This notice gives you a summary of the terms of the proposed settlement agreement, explains what rights class members have, and helps class members make informed decisions about what action to take.


      For the precise terms of the settlement, please see the settlement agreement available here, by contacting class counsel at 1-855-349-7023, by accessing the Court docket in this case, for a fee, through the Court’s Public Access to Court Electronic Records (PACER) system at https://ecf.cand.uscourts.gov, or by visiting the office of the Clerk of the Court for the United States District Court for the Northern District of California, Oakland Courthouse for the 1301 Clay Street, Oakland, CA 94612, between 9:00 a.m. and 4:00 p.m., Monday through Friday, excluding Court holidays. 

      PLEASE DO NOT TELEPHONE THE COURT OR THE COURT CLERK’S OFFICE TO INQUIRE ABOUT THIS SETTLEMENT OR THE CLAIM PROCESS.


      The Court approved the notice because you have a right to know about a proposed settlement of a class action lawsuit, and about all of your options, before the Court decides whether to approve the settlement. If the Court approves it, and objections and appeals (if any) are resolved, the Settlement Administrator will make the payments the settlement allows.

  2. What are my Options?

    1. You have three options. You can do nothing, you can opt out of the settlement, or you can object to the settlement. This chart shows the effects of each option:

        Do Nothing Opt Out Object
      Can I receive settlement money if I... YES NO YES
      Am I bound by the terms of this lawsuit if I... YES NO YES
      Can I pursue my own case if I... NO YES NO
      Will the class lawyers represent me if I... YES NO NO

       

       

       

       

       

  3. What is this Lawsuit About?

    1. The lawsuit claims that Comerica Bank and Conduent State & Local Solutions, Inc. violated the Electronic Funds Transfer Act, violated the California Unfair Competition Law, and breached their contract by denying California Way2Go cardholder’s disputes involving alleged unauthorized transactions for conflicting information. Comerica Bank and Conduent State & Local Solutions, Inc. deny that they did anything wrong.

      Why is there a Settlement in this lawsuit? 

      The parties agreed to settle, which means they have reached an agreement to resolve the lawsuit. Both sides want to avoid the risk and expense of further litigation. In a class action, someone called a Class Representative (in this case Paula Sparkman) sues on behalf of all people who have similar claims. Defendants have agreed not to oppose this case proceeding as a class for settlement purposes. The Court has not decided this case in favor of either side.

      What happens next in this lawsuit? 

      You have until November 10, 2025 to object to or opt out of the settlement. The Court will hold a final approval hearing to decide whether to approve the settlement.

      The hearing will be held by videoconference:

      The Court has directed the parties to send you the notice about the proposed settlement. Because the settlement of a class action decides the rights of all members of the proposed class, the Court must give final approval to the settlement before it can take effect. Payments will only be made if the Court approves the settlement. You don’t have to attend, but you may at your own expense. You may also ask the Court for permission to speak and express your opinion about the settlement. If the Court does not approve the settlement or the parties decide to end it, it will be void and the lawsuit will continue. The date of the hearing may change without further notice to members of the class.

  4. What does the Settlement Provide?

    1. Comerica Bank and Conduent State & Local Solutions, Inc. have agreed to create a $1,956,000.00 Settlement Fund to be divided among all the Settlement Class Members. This money will also be used to pay for costs and fees approved by the Court, including the cost of administering this settlement.

      The portion of the fund that each Settlement Class Member will receive will be determined based on the value of each Settlement Class Member’s disputed claim. If funds remain after the first round of payments to class members, a second round of payments will be issued to those class members that accepted the first payment. Members of the settlement class will “release” their claims as part of the settlement, which means they cannot sue Comerica Bank or Conduent State & Local Solutions, Inc. for the same issues and legal violations raised in this lawsuit. The full terms of the release can be found here.

      If there is money left over after the claims process is completed, it will be donated to the Consumer Federation of California.

      How much will my payment be? 

      Each Settlement Class member who does not opt-out will receive a pro rata share of the $1,956,000.00 Settlement Fund, calculated based on the amount of their unauthorized transaction dispute.

      To request your estimated payment, call 1-855-349-7023. 

      You will receive payment either via check or via an alternative payment platform. To select and electronic or prepaid card payment, click here.

  5. What is the Best Path for Me?

    1. Use the chart below to choose the best path in this Settlement: 

  6. What are the Most Important Dates?

    1. Your deadline to object ot the Settlement terms or the request for attorneys' fees and costs: November 10, 2025

      Your deadline to Opt Out: November 10, 2025

      Settlement Final Approval Hearing: December 11, 2025 at 1pm 

  7. Do I have a lawyer in this lawsuit?

    1. In a class action, the court appoints class representatives and lawyers to work on the case and represent the interests of all the class members. For this settlement the Court has appointed the following individuals and lawyers. 

      Beth E. Terrell, Blythe Chandler, and Jasmin Rezaie-Tirabadi
      from Terrell Marshall Law Group PLLC 
      Sophia M. Rios from Berger Montague PC
      Daniel A. Schlanger from Schlanger Law Group LLP

      If you want to be represented by your own lawyer, you may hire one at your own expense. 

       

       

  8. Do I have to Pay the Lawyers in this lawsuit?

    1. Lawyers' fees and costs will be paid from the Settlement Fund. You will not have to pay the lawyers directly.

      To date, the lawyers have not been paid any money for their work or the expenses that they have paid for the case. To pay for some of their time and risk in bringing this case without any guarantee of payment unless they were successful, your lawyers will request, as part of the final approval of this Settlement, that the Court approve a payment of up to $489,000 (which is 25% of the settlement fund) in attorneys’ fees plus the reimbursement of $56,536 in out-of-pocket expenses.

      Lawyers' fees and expenses will only be awarded if approved by the Court as a fair and reasonable amount.  You have the right to object to the lawyers' fees even if you think the settlement terms are fair. The lawyers’ complete request will be filed with the Court and posted to this website no later than October 11, 2025.

      Your lawyers will also ask the Court to approve a payment to the Class Representative for the time and effort she contributed to the case.  If approved by the Court, this will be paid from the Settlement Fund.

  9. What if I don't want to be part of this Settlement?

    1. You can exclude yourself, which is often referred to as “opting out” of the settlement.  If you do, you will not receive payment and cannot object to the settlement. However, you will not be bound or affected by anything that happens in this lawsuit. That means that you keep the right to sue Comerica Bank or Conduent State & Local Solutions, Inc. or be part of another case against them about the issues in this lawsuit. If you have a pending lawsuit against Comerica Bank and Conduent State & Local Solutions, Inc. speak to your lawyer in that case immediately. You may need to exclude yourself from this Class to continue your own lawsuit.

      How Do I Opt Out?

      To opt out of the settlement, you must send the Settlement Administrator a request to opt out in writing by using the Opt Out Form found here. A request to opt out may be sent by mail and should be postmarked by November 10, 2025. The request must clearly indicate your desire to be excluded from the Settlement Class. For example, it might say “I hereby request that I be excluded from the proposed Settlement Class in the Action.” Be sure to include the case name (Sparkman v. Comerica Bank, et al.), your name, address, telephone number, and signature.

      You may mail the request to: 

      Sparkman v Comerica Bank

      c/o Settlement Administrator 

      PO Box 23680

      Jacksonville, FL 32241

  10. What if I disagree with the Settlement?

    1. If you disagree with any part of the settlement (including the lawyers' fees) but don’t want to opt out, you may object.

      You should give reasons why you think the Court should not approve it and say whether your objection applies to just you, a part of the class, or the entire class. The Court will consider your views. The Court can only approve or deny the settlement — it cannot change the terms of the settlement. If the Court denies approval, no settlement payments will be sent out, and the lawsuit will continue. If that is what you want to happen, you should object. You may, but don't need to, hire your own lawyer to help you. 

      To objet, you must send a letter to the Court that: 

      • includes the case name and number (Paula Sparkman v. Comerica Bank, et al., Case No. 23-cv-02028-DMR)
      • includes your full name, address and telephone number;
      • (if you are represented) include the name, address, and telephone number of counsel;
      • states the reasons for your objection;
      • says whether either you or your lawyer intend to appear at the final approval hearing; 
      • includes your signature

      The written objection must be filed with the Court by November 10, 2025.

      You may file your written objection in person at any location of the United States District Court for the Northern District of California, electronically by using the Court’s ECF system, or by mail to:

      Clerk of the Court

      US District Court for the Northern District of California 

      1301 Clay Street, Suite 400 S 

      Oaklandf, CA 94612

       

       

       

  11. When is the Final Approval Hearing?

    1. A Final Approval Hearing will be held on December 11, 2025 at 1pm, subject to change by the Court. Any changes to the time or date will be posted on this website. You can also monitor case activity and changes to the dates and time of the Final Approval Hearing by accessing the Court docket in this case through the Court’s Public Access to Court Electronic Records (PACER) system at https://ecf.cand.uscourts.gov, or by visiting the office of the Clerk of the Court for the United States District Court for the Northern District of California, 1301 Clay Street, Oakland, CA 94612, between 9:00 a.m. and 4:00 p.m., Monday through Friday, excluding Court holidays.

  12. What are the consequences of doing nothing?

    1. If you do nothing, you will receive a payment from the Settlement Fund. You will also be bound by the settlement and its “release” provisions. That means you won’t be able to start, continue, or be part of any other lawsuit against Comerica Bank and Conduent State & Local Solutions, Inc. about the issues in this case. A full description of the claims and persons who will be released if this settlement is approved can be found here

  13. How do I get more Information?

    1. The notice you received is a summary of the proposed settlement. The complete settlement with all its terms can be found here and on this website on the Importand Court Documents Page. To get a copy of the settlement agreement or get answers to your questions: 

      • Contact The lawyers 

        Sophia M. Rios

         

        Berger Montague PC
        8241 La Mesa Blvd., Suite A, La Mesa, CA 91942

        Email: [email protected]

        Beth E. Terrell 

        Blyth Chandler 

        Jasmin Rezaie- Tirabadi

        Terrell Marshall Law Group PLLC
        936 North 34th Street, Suite 300
        Seattle, WA 98103-8869

        Email: 
        [email protected]
        [email protected]
        [email protected]

        Daniel A. Schlanger

        Schlanger Law Group LLP
        60 East 42nd Street, 46th Floor
        New York, NY 10165

        Email: [email protected]

      • Contact the Settlement Administrator 

        Sparkman v Comerica 
        c/o Settlement Administrator
        PO Box 23680
        Jacksonville, FL 32241
        Email: [email protected]
      • Instructions for accessing the Court's Case Management/Electronic Case Files (CM/ECF) system: 

        • To access the docket online go to https://ecf.cand.uscourts.gov, you will need to create an account. You can then access documents by clicking on "Searches," on the next page clicking on "Case Number Search," then entering the case number and clicking "Search." On the following page, click the link. You may then download images of every document filed in the case for a fee.