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Claim $20 Per Overdraft Bank of America Uber Ride Overdraft Class Action Settlement

April 27, 2018 by CAWClass 1 Comment

Who is a Class Member

You are included in the Bank of America Uber Ride Overdraft Settlement “if you hold or held a consumer deposit (bank) account with Bank of America, and were charged (and not refunded) overdraft fees on debit card transactions made with Uber between January 1, 2012 and December 31, 2016 that were coded (or classified) by Uber and/or Uber’s agents as recurring transactions.”

If you don’t qualify for this settlement, check out our database of other class action settlements you may be eligible for.


Settlement Amount

  • $22,000,000.00

Estimated Award

  • $20 Per Overdraft Fee

Your share of the Settlement Amount will depend on, among other things, the number of overdraft fees you paid. It is estimated that each Class Member will receive approximately $20 for each overdraft fee you were charged (and not refunded) as a result of a transaction involving Uber.


Proof of Purchase

  • N/A

Claim Form

  • There is no claim form. Class Members who do not exclude themselves from the Settlement will automatically receive payment via direct deposit into your Bank of America account or via check.

Bank of America Uber Ride Overdraft Settlement Notes

  • Pantelyat, et al. v. Bank of America, N.A.
  • Case No. 1:16-cv-08964-AJN
  • Pending in the U.S. District Court for the Southern District of New York

Plaintiffs Nicoletta Pantelyat, Michael Edwards, and Isabelle Scherer collectively brought this class action lawsuit against Bank of America alleging the bank unfairly imposed overdraft fees for “non-recurring” debit card transactions made with Uber.

In Pantelyat’s case, she claims that on March 4, 2016 with a balance of $3.44 in her Bank of America Core Checking account, she used her BofA debit card to purchase a ride with Uber across town for $10. Later that same day, with a balance of -$6.56 in her account, she used her BofA debit card to purchase a second ride with Uber across town for $7.67. Pantelyat claims that her Uber transactions on March 4, 2016 constituted “non-recurring debit card transaction” because Uber purchases are made on a one-time, day-to-day, and were not set up by Pantelyat to occur automatically at a set interval. Since these Uber transactions on non-recurring, they cannot incur an overdraft fee under Bank of America’s accountholder terms.

Still, Bank of America treated Pantelyat’s Uber transactions as recurring and charged her two separate $35.00 overdraft fees.

Bank of America disagrees with the claims but entered into the settlement to avoid further litigation. Complete details about the case and settlement are provided on the Bank of America Uber Ride Overdraft class action settlement website.

Class members who wish to object to or exclude themselves from the settlement must do so by March 13, 2018. Class members who wish to participate in the settlement do not need to do anything.


Important Dates

  • 6/22/18: Objection or Exclusion Deadline
  • 8/8/18: Final 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).

*Settlement Class Members who wish to speak at the hearing should check www.RideOverdraftSettlement.com to confirm that the date or time of the Hearing has not been changed.


Contact Information

  • Mail: Pantelyat v. BOA Settlement Administrator, P.O. Box 3127, Portland, OR 97208-3127
  • Phone: 1-844-659-0617
  • Email: info@RideOverdraftSettlement.com

Class Counsel

  • Tina Wolfson and Robert Ahdoot of Ahdoot & Wolfson PC

Settlement Website

  • www.RideOverdraftSettlement.com

$1.645M Bank of America Unauthorized Credit Report FCRA Class Action Settlement

March 9, 2018 by CAWClass Leave a Comment

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.


Settlement Amount

  • $1,645,000.00

Estimated Award

  • Varies

The settlement will be distributed in equal amounts to each Class Member who submits a valid and timely claim.


Proof of Purchase

  • N/A

Claim Form

  • class action lawsuits

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.


Important Dates

  • 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.


Contact Information

  • Mail: Bank of America FCRA Settlement, P.O. Box 404023, Louisville, KY 40233-4023
  • Phone: 1-844-200-9297
  • Email: info@PastorBANAFCRASettlement.com

Class Counsel

  • Abbas Kazerounian and Ryan L. McBride of Kazerouni Law Group APC

Settlement Website

  • www.PastorBANAFCRASettlement.com

$66.6M Bank of America Extended Overdrawn Balance Charges Class Action Settlement

March 1, 2018 by CAWClass 48 Comments

Who is a Class Member

  • The Bank of America Extended Overdrawn Balance Charges Class Action Settlement includes “all holders of BANA consumer checking accounts who, between February 25, 2014 and December 30, 2017, were assessed at least one EOBC that was not refunded.”

If you don’t qualify for this settlement, check out our database of other class action settlements you may be eligible for.  Also check out No Proof Required Class Action Lawsuits.


Settlement Amount

  • $66,600,000.00

Estimated Award

  • Varies

Current Bank of America accountholders will receive a cash payment deposited directly to their account. Former Bank of American account holders will receive a check payment. Actual settlement payouts are dependent on the number of overdraft fees incurred by Class members.

Additionally, “debt relief will be provided to Settlement Class members whose checking accounts were closed in overdrawn status with an EOBC still pending and whose overdrawn balances remain due and owing to BANA. Debt relief will be provided in the form of debt reduction, in an amount up to $35.”


Check out other settlements!

  • Robocall Lawsuit (list)
  • Sekure Merchant TCPA Lawsuit

Proof of Purchase

  • N/A

Claim Form

  • N/A

Bank of America Extended Overdrawn Balance Charges Settlement Notes

  • Joanne Farrell, et al. v. Bank of America, N.A.
  • Case No. 3:16-cv-00492-L-WVG
  • Pending in the U.S. District Court for the Southern District of California

Plaintiffs Joanne Farrell, Ronald Dinkins, Larice Addamo, and Tia Little filed this class action lawsuit against Bank of America alleging the bank routinely and intentionally wrongfully assessed its customers so-called “Extended Overdrawn Balance Charges.” According to the plaintiffs, the gist of the Extended Overdrawn Balance Charges is as follows:

“If Customer “A” were to overdraft his or her account by $500.00, the bank first charges an overdraft fee of $35.00 per transaction. However, if Customer “A” fails to replenish his or her account to bring the balance to a positive figure within five (5) days, then the bank deducts yet another $35.00 from the account of Customer “A” for having extended this credit. Unlike an initial overdraft fee, the Extended Overdrawn Balance Charge is an additional charge to a customer for which the bank has provided nothing new. The charge is based solely on the alleged indebtedness to the bank remaining unpaid by the customer for a period of time.”

Specifically in Farrell’s case, her monthly bank statements for her “BofA Core Checking” show that she went into “overdraft” status on October 13, 2015, and remained in that status for thirteen days. On day seven, (October 20, 2015), Bank of America charged her an Extended Overdrawn Balance Charge of $35.00. During that limited period, Farrell’s negative account balance fluctuated from -$3.59 to -$284.86. The $35.00 sustained overdraft fee that Bank of America charged Farrell was in addition to six overdraft charges totaling $210.00 that Bank of America also charged her during this same time period for the two transactions that created her “overdraft” status in the first place.

Bank of America denies liability. Complete details about the case and settlement are provided on the Bank of America Extended Overdrawn Balance Charges settlement website.

Class action lawsuit members who wish to exclude themselves or object to the Bank of America Extended Overdrawn Balance Charges settlement must do so by April 20,  2018. Class members who wish to payment from this settlement do not need to do anything.


Important Dates

  • 4/20/18: Objection or Exclusion Deadline
  • 6/18/18: Final Hearing at 11:00 am PT (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.EOBCSettlement.com to confirm that the date or time of the Hearing has not been changed.


Contact Information

  • Mail: EOBC Litigation, P.O. Box 3170, Portland, OR 97208-3170
  • Phone: 1-888-396-9598

Class Counsel

  • Hassan Zavareei of Tycko & Zavareei LLP
  • Jeff Ostrow of Kopelowitz Ostrow PA
  • Bryan Gowdy of Creed & Gowdy PA
  • Cristina Pierson and John R. Hargrove of Kelley Uustal PC

Settlement Website

  • www.EOBCSettlement.com

$5.5M Bank of America Credit Card Class Action Settlement

December 15, 2017 by CAWClass 1 Comment

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.


Settlement Amount

  • $5,500,000.00

Estimated Award

  • Varies

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.

Claim Form

  • class action lawsuits

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.


Important Dates

  • 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).

Contact Information

  • 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

Class Counsel

  • George Carpinello and Adam Shaw of Boies Schiller Flexner LLP
  • Charles Juntikka of Charles Juntikka & Associates LLP

Settlement Website

  • www.EchevarriaSettlement.com
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