CASES

Earnin/Activehours Payday Lending Litigation

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Perks et al. v. Activehours, Inc.United States District Court, Northern District of California, San Jose Division
Case No. 5:19-cv-05543-BLF

Settlement Status

On March 25, 2021, a federal court granted final approval for the class action settlement in Perks v. Activehours, Inc. (d/b/a Earnin). A copy of the final approval order signed by Judge Beth Labson Freeman of the United States District Court for the Northern District of California is available in the “Case Documents” section below.

The settlement has been fully administered at this time, distributed to the Court-approved Settlement Class defined as: All consumers who incurred an overdraft fee or insufficient funds event fee that a bank attributed to an Earnin withdrawal, beginning on September 3, 2015 through May 28, 2020.

With settlement concluded, please be advised that we are not in a position to advise on the status of any prior claim.

Case Overview

Activehours, Inc., d/b/a Earnin, is a novel financial technology company that promises its users a seemingly simple service: immediate access to their earned but unpaid income via a downloadable mobile application (“app”), with Earnin recouping payment from the user’s bank account on the user’s next payday. Earnin pledges to provide this service with no fees, costs, or hidden charges. These advances, or “Payouts,” are marketed as alternatives to high-interest, cycle-inducing payday loans that are now illegal in many states.

Plaintiffs alleged that, contrary to the promise of no fees or hidden costs, hundreds of thousands of Earnin users experienced practices that violated lending laws and caused them to incur overdraft fees from their banks.

09/03/2019

Class Action Complaint

11/30/2020

Legal Notice

03/25/2021

Order Granting Final Approval to Class Action Settlement