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This settlement is closed!
Please see what other class action settlements you might qualify to claim cash from in our Open Settlements directory!
Bank of America NA has agreed to pay $66.6 million to settle a class action lawsuit alleging it assessed extended overdrawn balance charges that violate the National Bank Act’s usury limit.
If you incurred at least one $35 extended overdrawn balance charge in connection with your Bank of America personal checking account, you may be entitled to compensation from the BofA overdraft fees class action settlement.
According to the overdraft fee class action lawsuit, Bank of America wrongfully assessed customers “extended overdrawn balance charges” in addition to an initial $35 overdraft fee if the customer’s overdraft status remained in effect for five days.
“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 plaintiffs allege in the Bank of America class action lawsuit. “The charge is based solely on the alleged indebtedness to the bank remaining unpaid by the customer for a period of time.”
Bank of America allegedly charged a $35 extended overdrawn balance charge on top of the initial $35 overdraft fee it charged when at the time the account funds were overdrawn.
Approximately 5.9 million consumers may qualify for benefits from the Bank of America class action settlement.
In addition to providing cash benefits or debt relief to eligible Class Members, Bank of America has also agreed to stop imposing extended overdrawn balance charges for a period of five years, according to the BofA class action settlement documents.
Bank of America has not admitted liability but agreed to settle the checking account fees class action lawsuit to avoid the cost and uncertainty of trial.
The deadline to exclude yourself from or object to the Bank of America class action settlement is April 20, 2018.
Who’s Eligible
Class Members include holders of Bank of America checking accounts who, between Feb. 25, 2014 and Dec. 30, 2017, were assessed at least one extended overdrawn balance charge that was not refunded.
Potential Award
Class Members may receive a cash payment, account credit or debt reduction payment. The amount of the award will depend on the number of extended overdrawn balance charges they paid and the total number of Class Members who are eligible for benefits from the BofA overdraft fee settlement.
Class Members who are current Bank of America checking account holders will have a cash award automatically deposited into their accounts. Former BofA checking account holders will receive their payment via check.
Debt relief will be provided to Class Members whose personal checking accounts were closed by Bank of America while they were in overdrawn status with an extended overdrawn balance charge still pending, and whose overdrawn balances remain due to BofA.
Proof of Purchase
N/A
FAQs
NOTE: If you do not qualify for this settlement do NOT file a claim.
Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.
Exclusion Deadline
4/20/2018
Case Name
Joanne Farrell, et al. v. Bank of America NA, Case No. 3:16-cv-00492-L-WVG, in the U.S. District Court for the Southern District of California
Final Hearing
6/18/2018
UPDATE: The Bank of America Overdraft Fees Class Action Settlement was granted final approval on August 31, 2018. There is a 30 day period in which appeals can be filed. Top Class Actions will continue to keep viewers updated.
UPDATE 2: On September 21, 2018, an appeal to the Bank of America Overdraft Fees Settlement was filed. Claims will not be paid until all appeals are exhausted. We appreciate your ongoing patience. Top Class Actions will continue to provide updates as we learn more.
UPDATE 3: The appeals to the Bank of America Overdraft Fees Class Action Settlement are still pending. Oral arguments took place on March 2, 2020. It is not known how quickly the Ninth Circuit Court of Appeals will issue a decision. It may take several more months. We appreciate your ongoing patience. Top Class Actions will continue to provide updates as we learn more.
UPDATE 4: On September 2, 2020, the 9th Circuit Court of Appeals affirmed the Bank of America Overdraft Fees Class Action Settlement final approval. This means that the settlement stands as is. It is not known at this time how quickly claims will be paid. We appreciate your ongoing patience. Top Class Actions will continue to provide updates as we learn more.
Settlement Website
Claims Administrator
EOBC Litigation
c/o Epiq
P.O. Box 3170
Portland, OR 97208-3170
1-888-396-9598
Class Counsel
Hassan Zavareei
TYCKO & ZAVAREEI LLP
Jeff Ostrow
KOPELOWITZ OSTROW PA
Bryan Gowdy
CREED & GOWDY PA
Cristina Pierson
John R. Hargrove
KELLEY UUSTAL PC
Defense Counsel
Matthew C. Close
O’MELVENY & MYERS LLP
Join a FREE Bank & Credit Union Overdraft Fee Class Action Lawsuit Investigation
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1,809 thoughts onBank of America Overdraft Fees Class Action Settlement
Can we get a update please??!!
I agree, its super suspicious that the page is no longer available right when everything was finally wrapping up. I thought it was super shady that even after the 1st overdraft fee they’d continuously keep charging one. I got charged $35 very 3days it was a negative balance. I only banked at one other place before BofA and it was a credit union. They never did that continuous overdraft fee.
I feel we’re entitled to answers and it’s so wrong on every level to keep us in the dark.
But from the looks of it, this page hasn’t been updated either….
Why is the website gone all of a sudden?? Right when we are about to get the end of the results it disappears..
Yeah this is horse s*** excuse my language, ladies and gentlemen. I more than likely sure that we would get 35$ total regardless of how many times they f***** us with over drafts over extended over drafts. Is it possible to start a class action lawsuit against eboc for taking down the website or v anyone else who was involved with website being shut down?
Has anyone reached out to one of the attorneys representing us ??
I agree, its super suspicious that the page is no longer available right when everything was finally wrapping up. I thought it was super shady that even after the 1st overdraft fee they’d continuously keep charging one. I got charged $35 very 3days it was not a negative balance. I only banked amd one other place before BofA and it was a credit union. They never did that continuous overdraft fee.
I feel we’re entitled to answers and it’s so wrong on every level to keep us in the dark.
The website is back up. Its just not updated!
I checked the website today as the last updated court date was yesterday, the website is now gone. As a single mom who was truly struggling during the time the extended overdrafts were in affect, I received one at least every other week. While I only have myself to blame for the lack of money in the account, fee after fee made it almost impossible to get caught up. I know that I received over $3,000 in these extended overdraft fees. I worked hard to bring my account up to daye, so why is it now, when we should have an answer from B of A as to when to expect to be reimbursed, is the website now gone? Where is the transparency on this case?
The oral aurguements was yesterday so now the question is how long will it take to find out what will HAPPEN another month 4 months another yr? We r always kept in the dark this sucks there should b a law against this we should all get additional compensation for stress n pain n anguish but we know that won’t happen why do we always have to wait so long for true n reliable info ? Can anyone give a truth full answers ? One site who tried to keep us updated is now off line it was farow vs bank of America now its gone no update now we wait again for info again this sucks
I agree we need an update this has been too long and I tried to go the eobc website also no luck
Website is gone now. How are we to get any type of update??
Can you give us at least an example of what one would get if they did get an overdraft fee? It was there is a little over 5 million people envolvedcand the settlement is for a lot more. Will we get interest paid on these fees?
No interest. You’ll end up with around 30 dollars regardless of how many fees you paid.
The website is gone as of today March 2, 2020.
Per the video I saw, we would only receive $1.07. We’ll get more $$$ if Ms. Treatt and her attorney are successful in the arguments against BOA.
I haven’t received anything yet ? had anyone get their money yet ?
Hope is more than what I’m expecting
Cuz I’m charging them interest !!
Last appeal they will have is January 29 that’s the final court .. and they will
Decide from there .. that’s what I read in other page ..
The Appeal Briefing was completed, and the appellate court has set the oral argument for March 2, 2020, at 9 a.m. at the United States Court of Appeals for the Ninth Circuit in Courtroom 1, Pasadena, CA.
When will we receive any type of settlement?
Why is BOA so cruel & have no compassion on customers who are struggling every day & hoping for some good news from BOA. Someday they will find themselves in the same situation. Greedy people!!
Has anyone reached out to one of the attorneys representing us ??
Yes all they are doing is to make sure they keep the lawsuit going long enough to keep all the money for them selves!
I can’t get in contact with no-one, please contact me on facebook.
Renae Forrest.
Beat way to hurry it up and get this thing moving. A lot of us need to show up to the hearings, we are more than allowed to and we are also allowed to speak. BOFA lawyers have kept this out of the media so far. We have to get it out there what’s going on. Put it on Facebook call your local news it’s going to take US THE AMERICAN PEOPLE to get this out there and moving faster. The lawyers can’t shut us all up. Someone start a Facebook page about it and let us all know
Yeah they can delay paying … but let you miss a payment and they take it all!!