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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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1,808 thoughts onBank of America Overdraft Fees Class Action Settlement
This is the latest Update: Appeal Update as of March 23, 2021
[Following the Ninth Circuit Court of Appeals Opinion affirming the district court’s Final Approval of the Settlement and its denial of the motions for rehearing filed by two of the objectors, one of the objectors filed a petition for writ of certiorari with the Supreme Court of the United States on March 23, 2021. That petition is posted here. Class Counsel will be opposing the objector’s effort to obtain Supreme Court review. Until the Supreme Court process concludes, the Settlement is not deemed to be effective and, therefore, no distribution of settlement funds may be made.
The Settlement Administrator is unable to provide any additional oral or written information to Settlement Class Members until the appellate process is completed. This website will be updated when that happens.]
The lawyers caught a windfall and we get zip!
1.07 is not fair to class member how can they take 35 dollars we only get 1.07 how does that justify the amount that bank america took from customer that promise not to charge fee is not accountable we are still getting charge other charges like transfer fees.
how does that help us as Americans who had 220 million taken from customer as stated in the order to show cause sworn in court to tell the truth.how is taken 220 million that added up to be 1.2 billion helping customer when boa is charging other fees that could cost customer to pay more fees on top of the fees they paid for this wrongdoing that was never accounted because the court system look is as the lawyers money how is that fair nor its right.we should be able to get all of our money back that was taken. that stop charging fee is a throw in bag for the bank why because boa is charging others fee that customer is paying nor that is fair they right.
THIS SETTLEMENT HAS BEEN VERY INFLATED WE ALL HAVE BEEN MS UNDERSTOOD AND MS INFORMED ITS STATING THAT 5.9 PEOPLE AFFECTED ALREADY IDENTIFY NO NEED TO DO ANYTHING BUT THE COURT DOC SAY OVER 7 MILLION NOTICE THAT A 2 MILLION DIFFERENCE THEN WHAT THESE LAWYERS ARE CLAIMING IS THAT THE 2 MILLIONS THAT WAS GIVING BACK.THIS JUSTICE SYSTEM IS SO UNFAIR TO ALL OF US WE ALREADY FACING A UNFAIR JUSTICE SYSTEMS IN THIS WORLD THAT AFFECTING THIS COUNTRY>WE HAVE WAITED WAITED BEG AND PLEAD WITH THESE LAWYERS FOR WHATS FAIR TO 5,9 MILLIONS THATS AFFECT WE HAVE SURFACE BY PAYING THE UNINFORMED CHARGES THE APPEAL AND MADE MEANS TO KEEP BOA FROM NOT CLOSING OUR ACCOUNTS AND NOT AFFECTING OUR CREDIT SCORES.IS IT FAIR TO CUSTOMER TO PAY ALL THEM CHARGES OF INTEREST AND WAIT FOR YRS AFTER YRS TO THE LAWYERS FINALLY TELL US THAT EVERYONE INTEREST IS THERE PAY AND WE ONLY DESERVE A 2 DOLLARS PAYMENT NOR ITS FAIR TO FALSIFY A DOC SO THE COURT CAN PAY ALL THE MONEY TO THE LAWYERS IS IT FAIR FOR US AS ALL TO HAVE TO BE TREATED AS WE HAVE NOR RIGHT OR SAY SO ABOUT THIS WHOLE CASE AND THAT THE LAWYERS WHERE RUDELY TO US ALL FROM START OF THIS CASE TO YRS IN THIS CASE.JUSTICE SHOULD BE SERVE WRONG IS WRONG UNFAIR IS NOT RIGHT AND LYING AFTER SWEARING ON THE BIBLE IS A CRIME
We’re all getting like $15-20 at the most. Relax and just forget about this nonsense.
I am not forgetting a damn thing there’s no justice in this country now I see how and feel how black people feel there’s no justice in this country tell me if I’m wrong you see how there is no justice for us concerning the banks
Yes im am very un informed which i will be writing my letter to the court as well its not fair what this court system is doing and these lawyers i have argue with this lawyers for 3 yrs about whats wrong what they trying to do.through this process i was told the settlement fund was touch already.i was also aware of the class notice change from 5.9 millions notice where sent out from the information giving on this website the COURT DOC SAYS it OVER & MILLION PEOPLE ONE OF THE COURT ORDERS THAT ORDER the BOA to show cause they sSTATED that it was only 356,999 accounts holder that has be idenfied
Blame it on the 3 people that appeal to this that’s slowing down your $10 payments. It’s a class action lawsuit!! Only lawyers get paid and the person that started this. You will barely get anything.
we will see what the higher court say Sup court u not a judge u just a FRAUD
True. There are 2 updates. And on 09/16. 2 people appealed again. God only knows when this will get resolved. It seems that is just dragging for years.
THIS SETTLEMENTS HAS BEEN VERY INFLATED IM CONFUSED WHY THIS SETTLEMENT SAYS 5.9 MILLIONS AFFECTED BUT THE LAWYERS SAYS ITS OVER 7 MILLION PEOPLE AFFECTED IN THE COURT DOC AND 2 YRS AFTER THE NOTICE WHERE SENT OUT TO 5.9 MILLIONS NOTIFYAND IDENTIFY AS PEOPLE THAT WHERE AFFECT BY THESE HIGHLY CHARGES THAT WHERE NOTIFY GREW WITHIN A TWO YEAR PERIOD TO 7 MILLION PEOPLE.WE ALL HAVE BEEN WAITING WAITING FOR JUSTICE TO BE SERVE BUT WE ALL BEEN MISINFORMED AND MIS UNDERSTOOD. PLEASE LET BE FAIR ABOUT THIS WE ARE GOING THROUGH ALOT ALREADY FROM THIS UNFAIR JUSTICE SYSTEM THAT AFFECTING AMERICA ALL ACROSS THE WORLD .DO YOU THINK ITS FAIR TO TAKE ALL CLASS INTEREST AND LEAVE MILLIONS OF PEOPLE WITH 2 DOLLARS WHO HAVE PAID ALL THIS CHARGES AND FOR THE 4 YRS WHO STRUGGLE TO MAKE MEANS SO WE WONT HAVE OUR ACCOUNT CLOSE AND CREDIT AFFECTED.IS IT FAIR TO ALL THAT AFFECTED BE TOLD OUR VOICE CANT BE HEARD OR FEEL LIKE THIS WORLD IS SO CRUEL AND UNFAIR
Appeal Update as of July 31, 2020
The parties await the Ninth Circuit Court of Appeal’s opinion in the pending appeal filed by a few objectors to the Settlement. The appellate court heard oral argument on March 2, 2020, but there is no deadline for issuance of the opinion. Until the appellate process concludes and Final Approval of the Settlement is deemed to be effective, no distribution of settlement funds may be made. The Settlement Administrator is unable to provide any additional oral or written information to Settlement Class Members until the appeal concludes. This website will be updated when that happens.
Yes im am very un informed which i will be writing my letter to the court as well its not fair what this court system is doing and these lawyers i have argue with this lawyers for 3 yrs about whats wrong what they trying to do.through this process i was told the settlement fund was touch already.i was also aware of the class notice change from 5.9 millions notice where sent out from the information giving on this website the COURT DOC SAYS it OVER & MILLION PEOPLE ONE OF THE COURT ORDERS THAT ORDER the BOA to show cause they sSTATED that it was only 356,999 accounts holder that has be idenfied
I got 13 emails this morning with 13 different claim numbers all stating there was an urgent message in my online mailbox about this claim. Problem is I do t have an acct with them anymore. Phone hold time is 3 hrs. Anyone else get this?
I did too and I haven’t had an account there in 2 years. Same hold times for me too. Very weird.
I wonder if someone can ask film students to do a documentary on regards to settlements and the court system. Something is not right. It says that there is no deadline for the panel to provide information. Is like they set it up like that for they can continue to use the settlement money for as long as they want.
I want my money!