Who is a Class Member
Class members in the Bank of America credit card settlement include “all individual borrowers who (i) maintained a Credit Card Account with BANA that was charged off by BANA and sold to a third-party Debt Buyer on or after January 1, 2008; and (ii) were discharged in Chapter 7 bankruptcy after such debt was sold to a third-party Debt Buyer but before October 1, 2015.”
If you don’t qualify for this settlement, check out our database of other class action settlements you may be eligible for.
There are three types of settlement payments and it is possible for a claimant to receive all three types of payments:
- Automatic Payments to BANA Post-Discharge Payors: If you made a payment(s) to the Bank or BANA on your Credit Card Account after it was sold to a Debt Buyer and after you received a Chapter 7 bankruptcy discharge, you will receive an automatic payment in the amount of the last payment you made. You do not need to do anything to claim this payment. A check will be sent to you automatically.
- Reimbursement Claim: If you made a payment(s) on your Credit Card Account after you received a Chapter 7 bankruptcy discharge, then you may receive a cash payment up to the full amount of your post-discharge payment(s). To receive this payment, you must fully complete the Reimbursement Claim Form and submit supporting documentation such as cancelled checks or account statements. This payment may be subject to a pro rata reduction if the total number of claims exceed the settlement fund.
- Distribution Claim: You can submit a claim to receive a pro rate (equal) share of any remaining settlement funds after payment of other claimants.
Proof of Purchase
- To receive payment, claimants must complete and submit a claim form by Jan. 30, 2018 and submit supporting documentation in the form of cancelled checks, account statements, or similar proof.
Bank of America Credit Card Settlement Notes
- Michael Echevarria, et al. v. Bank of America Corporation, et al.
- Case No. 14-08216
- Pending in the U.S. District Court for the Southern District of New York
Plaintiff Michael Echevarria initiated this class action lawsuit against Bank of America, alleging the bank failed to update credit reporting information for credit card accounts it sold to third parties where the accountholder’s debt was discharged in Chapter 7 bankruptcy. According to Echevarria, these reporting practices negatively impacted Class member’s credit scores.
Additionally, the Bank of America credit card class action lawsuit claims that some consumers were even pressured by Bank of America into paying off these already discharged credit card debts out of fear of their ability to get credit or employment.
Bank of America denies any wrongdoing and denies that they attempted to collect discharged debts but agreed to settle the allegations to avoid the uncertainty of further litigation.
Class members who wish to exclude themselves of object to the terms of the Bank of America credit card settlement must do so by Jan. 30 2018. Class members who wish to submit a claim for payment must do so by Jan. 30, 2018.
- 1/30/18: Claim Form Deadline
- 1/30/18: Objection or Exclusion Deadline
- 3/2/18: Final Approval Hearing at 11:00 am ET (class members do not need to attend this hearing in order to receive a slice of the settlement pie).
- Mail: Echevarria v. Bank of America Settlement Administrator, c/o Epiq Systems Inc., PO Box 3145, Portland, OR 92708-3145
- Phone: 1-844-319-9617
- George Carpinello and Adam Shaw of Boies Schiller Flexner LLP
- Charles Juntikka of Charles Juntikka & Associates LLP
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