Bank of America Credit Card Late Fee Class Action Settlement

A settlement has been reached in a class action lawsuit alleging that Bank of America NA (USA) and its successor-in-interest, FIA Card Services NA, failed to apply same-day credit to payments made on Bank of America consumer credit card accounts. If you are a current or former Bank of America consumer credit card holder who made a payment to your account on or before your payment due date, and were assessed a late payment fee in connection with that payment at any time between April 1, 2005 and Oct. 19, 2006, you could be eligible for benefits from the class action settlement.

The credit card late fee settlement will resolve an amended class action lawsuit complaint that was filed in 2009. The class action lawsuit alleged Bank of America breached its contract to cardholders and engaged in misleading, unfair and deceptive trade practices.

Bank of America and FIA Card Services deny the allegations, but agreed to settle the class action lawsuit to avoid the burden, expense, risk and uncertainty of ongoing litigation. The Bank of America class action settlement was preliminarily approved in May.

Who’s Eligible

Class Members of the credit card late fee class action lawsuit include: “All Persons who, (1) had a Consumer Credit Card account with Bank of America, N.A. (USA), (2) made a Qualifying Payment in connection with that account (i) in person at a Bank of America Banking center; (ii) by phone using Bank of America’s pay-by-phone service; or (iii) electronically using Bank of America’s online banking services, and (3) who incurred a late payment fee, finance charge, or other fees, penalties or charges, in connection with the timing of such payment that was not waived or refunded.”

Under the terms of the Bank of America class action settlement, “Qualifying Payment” means a payment that was equal to or in excess of the minimum payment due for the billing cycle in which it was made, and made prior to the designated “payment due date.” To be eligible for benefits from the class action settlement, the payment must have been made between April 1, 2005 and Oct. 19, 2006.

Potential Award

Up to $200. Class Members who submit a valid Claim Form will receive a distribution of $40 for each Qualifying Payment they made, up to a maximum of five Qualifying Payments. However, the actual amount each Class Member will receive may be reduced if the number of eligible claims exceeds the amount available in the Settlement Fund.

UPDATE: Starting on Aug. 30, 2015, viewers began reporting they were receiving checks in the mail from the BofA late fee class action settlement. Congratulations to everyone who submitted a valid claim and got PAID!

Proof of Purchase

N/A

Claim Form

Claim Form Deadline

1/8/2015

Case Name

Heydee De Leon, et al. v. Bank of America NA (USA), 6:09-cv-01251-JA-KRS, in the U.S. District Court for the Middle District of Florida, Orlando Division

Final Hearing

12/11/2014

Settlement Website

www.CreditCardLateFeeSettlement.com

Claims Administrator

Settlement Administrator
P.O. Box 8007
Faribault, MN 55021-9407
1-800-473-1211

Class Counsel

John Yanchunis
MORGAN & MORGAN PA

Defense Counsel

N/A