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Emerging Issues


Class Action Witness Subpoena Served on Credit Unions

Many credit unions, particularly in the Pacific Northwest, have recently received a witness subpoena to provide information to a third party administrator (Epiq) as part of a class action settlement. No credit unions (that we know of) are defendants in the lawsuit; rather, it relates to consumer debit card use at BP/ Arco stations in Oregon between 2011 and 2013. Despite the fact that the subpoena is lacking a typical “notice to consumer” (because the litigants cannot yet identify the affected consumers), it IS a valid witness subpoena and must be responded to in a timely fashion. However, the response obligation and timeframe is dependent upon Epiq providing the credit union with certain transaction data and the credit union’s ability to use the data to identify credit union members that were possibly affected. The process is rather unique and complex. If your credit union receives such a witness subpoena, please give us a call so that we can briefly outline the process and help your credit union timely comply with the legal process.