Who is a Class Member
You are a member of the Bank of America Unauthorized Credit Report FCRA class action settlement if “you were a borrower on a Bank of America account or Bank of America-serviced account and Bank of America reviewed your credit report through an Account Review Inquiry during the period August 21, 2010 through July 7, 2017, at a time when the account met any one of the following criteria: (1) the account was closed with a zero balance; (2) the account had been sold or transferred to a third party; or (3) the debt on the account had been discharged in bankruptcy.”
If you don’t qualify for this settlement, check out our database of other class action settlements you may be eligible for.
The settlement will be distributed in equal amounts to each Class Member who submits a valid and timely claim.
Proof of Purchase
Bank of America Unauthorized Credit Report FCRA Settlement Notes
- Pastor, et al. v. Bank of America, NA
- Case No. 3:15-cv-03831-VC
- Pending in the U.S. District Court for the Northern District of California
Plaintiff Scott Pastor brought this class action lawsuit alleging Bank of America unlawfully conducted credit inquiries on former customers in violation of the Fair Credit Reporting Act (FCRA).
The FCRA is a consumer protection statute which regulates the activities of credit reporting agencies and users of credit reports, and which provides certain rights to consumers affected by use of the collected information about them.
Pastor filed for Chapter 13 Bankruptcy in March 2011 and Bank of America was included as a creditor. Pastor’s bankruptcy discharge occurred on January 5, 2015. However, Pastor claims that on March 31, 2015, Bank of America made an account inquiry accessing his Equifax credit report indicating a permissible purpose of “AR” or “Account Review”, but Pastor had no relationship with Bank of America since his bankruptcy discharge.
“Since any alleged debt owed to [Bank of America] was discharged in bankruptcy, an account review by [Bank of America] was not a permissible purpose to access Pastor’s consumer report information,” the Bank of America FCRA class action lawsuit states. Pastor claims his credit score was lowered as a result of Bank of America’s actions.
Bank of America denies any liability or wrongdoing, but in order to avoid litigation costs and risk, has agreed to settle the FCRA class action lawsuit.
In December 2017, Bank of America discovered that not all Settlement Class members received notice of this settlement. According to Bank of America, a retrieval error only the primary borrower on the account was included in the mailed list of Settlement Class Members. As a result, additional or secondary borrowers’ names did not receive direct notice and Bank of American has identified approximately 61,410 such additional or secondary borrowers. Therefore, the initial claim filing, exclusion, and objection deadlines have been extended to June 19, 2018.
Complete details about the case and settlement can be found on the Bank of America Unauthorized Credit Report FCRA Settlement website.
- 6/19/18: Claim Form Deadline
- 6/19/18: Objection or Exclusion Deadline
- TBD*: Final Hearing (class members do not need to attend this hearing in order to receive a slice of the settlement pie).
*Settlement Class Members who wish to speak at the hearing should check www.PastorBANAFCRASettlement.com to confirm the date and time of the Final Hearing.
- Mail: Bank of America FCRA Settlement, P.O. Box 404023, Louisville, KY 40233-4023
- Phone: 1-844-200-9297
- Email: info@PastorBANAFCRASettlement.com
- Abbas Kazerounian and Ryan L. McBride of Kazerouni Law Group APC