Welcome from Classaction.org!

Thank you for your interest. Milberg is pursuing arbitration claims against First Commonwealth Bank for charging customers multiple NSF fees in connection to the same transaction. We believe this violates Unfair Trade Practices and Consumer Protection Acts in numerous states.

If this happened to you, we believe you may be eligible to receive compensation for your damages. Milberg can pursue these claims on your behalf.

Please answer the following questions to help us determine if you are eligible to make a claim for compensation:



2. Do you attest that you incurred more than one overdraft or nonsufficient funds fee (NSF) for the same bounced check or rejected ACH transaction while a customer of this bank?

Read below for examples:

a) You write a rent check to your landlord. The check bounces, and the bank charges you a $15 fee. A few days later, the landlord tries to cash the check again, and the bank charges you another $15 fee. Both fees are related to the same check.
b) You set up automatic bill pay for your cable bill via ACH. The cable company tries to debit the money on the due date, but you don’t have enough in your account, so the bank charges you a $15 fee. Later, the cable company tries to debit your account again for the same bill, and you are hit with an additional $15 fee.


Congratulations!

Looks like you qualify and we’d like to immediately move your claim forward. This will cost you nothing out of pocket. We get paid only if we recover an award or settlement on your behalf. Our fee is 40% of the award we recover for you. If we don’t win, you don’t pay.

To move forward, please provide the following information:

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By continuing through this form, you represent that you do not own, work for, represent, or contemplate representing the company that is the subject of this arbitration. Milberg considers the following retainer agreement attorney work product and privileged. Any employee of a law firm viewing this document and not seeking representation is in violation of the Model Rules of Professional Conduct, including, but not limited to Rule 4.1.

Help us verify your claim

Your financial institution may require that we produce proof of your having had an account with them. Milberg will reach out in the coming days via email and text message (if you consented to such) to collect this information from you. Please bear in mind that if you do not respond to these communications, we may not be able to move forward with your claim.

The next step is essential in order to give us the permission we need to pursue this claim on your behalf.

You will be asked to electronically sign our Contingency Fee Agreement and Attorney Authorization.

  • You pay nothing out of pocket
  • You will not be asked for any credit card information to hire our firm
  • If we win, our fee is paid from a percentage of the money we recover for you
  • If we do not win, you pay nothing


By continuing through this form, you represent that you do not own, work for, represent, or contemplate representing the company that is the subject of this arbitration. Milberg considers the following retainer agreement attorney work product and privileged. Any employee of a law firm viewing this document and not seeking representation is in violation of the Model Rules of Professional Conduct, including, but not limited to Rule 4.1.

Client Name: 
Client Email: 

Re: [CLIENT NAME] v. FIRST COMMONWEALTH BANK

Dear [CLIENT NAME]:

This is an agreement (the “Agreement”) between you and Milberg Coleman Bryson Phillips Grossman LLC (“MCBPG”) for legal representation for your or your minor child’s claims against First Commonwealth Bank for its violations of state consumer protection statutes and breach of contract relating to First Commonwealth Bank unlawfully charging you fees associated with your consumer checking account. If applicable, you are representing that you have authority and legal capacity to pursue this claim on behalf of your minor child. 

You understand and authorize MCBPG to proceed with filing your claims as an individual arbitration. Arbitration is a simplified means of pursuing legal claims, where the claim is decided by an arbitrator rather than a judge or jury. However, this agreement also authorizes MCBPG to settle your claim as a part of a class action if First Commonwealth Bank chooses to do so. You understand and consent to MCBPG representing other individuals who may have the same or similar claims against First Commonwealth Bank. MCBPG intends to secure the maximum recovery for your or your minor child’s claims. You authorize MCBPG to resolve your claims with First Commonwealth Bank for, at a minimum, a one-hundred-dollar ($100.00) value. 

Our firm will handle this matter with a contingent fee of the greater of either forty percent (40%), as allowed by state law, of any recovery obtained in this matter or a total of attorneys’ fees awarded by the arbitrator or court. We reserve the right to associate with any co-counsel, but our fee will be split among our firm and any firm(s) we associate. 

We will advance all costs incurred by our firm during this litigation (e.g., filing fees, travel, etc.). We will be reimbursed for these costs if, and only if, we ultimately obtain a recovery. Advanced costs are deducted after the calculation of the contingent fee.

You authorize MCBPG to withdraw from our representation if we determine for sufficient reasons that the case should not continue. Regardless, we will maintain the file on this matter for at least six years. If requested, these will be returned to you after the conclusion of the representation.

Finally, we do not make any promises or guarantees regarding the outcome of your claims. If you have any questions about the foregoing, please advise. We would appreciate your returning a signed copy of this engagement letter to us for our files.

       Sincerely,                     

                     Jonathan B. Cohen                   



AGREED TO: 

By: _________________                  Date: _______________

[1] Please note that the company against which you are retaining Milberg to pursue individual arbitration claims on your behalf requires a notice letter personally signed by you to begin the dispute resolution process.  So that Milberg can start this process, by signing the retainer agreement, it is your intent to provide Milberg with your electronic signature and your consent to include your electronic signature in the notice letter to be sent on your behalf to the company identified in the retainer agreement as the party against whom Milberg has agreed to represent you in connection with an individual arbitration.  This is the sole limited purpose for which you are giving Milberg legal authority to utilize your electronic signature.

Thank you for letting us review your potential claim.

After review of the information provided, our firm has decided to respectfully decline representation.

Although we are not representing you in this matter, we appreciate the opportunity to review your case, and we wish you the best possible outcome. Please feel free to contact us again should the need arise.

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