Bank of America Unauthorized Credit Report Class Action Settlement

Former Bank of America debtors can qualify for benefits under a current Fair Credit Reporting Act class action settlement.

This settlement arises out of a Bank of America class action lawsuit brought by plaintiffs Robert Pastor, Scott Van Horn, Regina Florence, and William Florence III.

According to the plaintiffs, Bank of America pulled their credit reports after their banking relationship with Bank of America had ended, and without otherwise getting the plaintiffs’ knowledge or consent. By doing so, the plaintiffs allege, Bank of America violated the federal Fair Credit Reporting Act, or FCRA.

The plaintiffs claim these requests for their credit reports were not made for any of the limited number of “permissible purposes” listed in the FCRA. When requesting the reports, Bank of America allegedly claimed its permissible purpose was a periodic review of a current debtor’s credit history, sometimes described as a “soft inquiry.”

But by the time the bank requested the reports, the plaintiffs say, their debts had all been discharged in bankruptcy, leaving Bank of America with no permissible purpose for requesting their credit reports.

The parties eventually agreed to the current Bank of America class action settlement, which earned preliminary court approval in July 2017. Settlement terms require Bank of America to create a settlement fund worth $1.645 million. After covering the Class’s court costs and attorneys’ fees and incentive awards to the class representatives, the fund will be distributed on a pro rata basis among qualifying Class Members who submit valid and timely claims. Any leftover funds will be donated to a nonprofit organization agreed upon by the parties and approved by the court.

In addition to those whose debts were discharged in bankruptcy, the settlement also covers Class Members whose accounts were closed with a zero balance or were sold or transferred to a third party.

Although Bank of America has agreed to this settlement, it continues to deny the plaintiffs’ claims. The settlement is not an admission of liability on Bank of America’s part, and the court has made no determination of liability.

Who’s Eligible

Class Members eligible to claim benefits include all persons with a U.S. address whose credit report was obtained by Bank of America or FIA Card Services for an account review inquiry between Aug. 21, 2010 and July 7, 2017, and whose account relationship with the bank was terminated either because the debt on the account had been discharged via bankruptcy, the account was closed with a zero balance, or the account was sold or transferred to a third party.

Potential Award

Varies.

Individual payments will be determined in part by the number of valid and timely claims received.

Proof of Purchase

Claimants who did not receive a postcard notifying them that they are Class Members must submit either their Bank of America account number, the date the account was closed with a zero balance, the date the account was sold or transferred to a third party, or the date the debt on the account was discharged in bankruptcy.

Claim Form

CLICK HERE TO FILE A CLAIM »

Claim Form Deadline

6/19/2018   UPDATED

Case Name

Pastor, et al. v. Bank of America, NA, Case No. 3:15-cv-03831-VC, in the U.S. District Court for the Northern District of California

Final Hearing

8/16/2018    UPDATED

UPDATE: The Bank of America Unauthorized Credit Report Class Action Settlement was granted final approval on August 16, 2018. Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.

Settlement Website

www.pastorBANAFCRAsettlement.com

Claims Administrator

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

Class Counsel

Abbas Kazerounian
Ryan L. McBride
KAZEROUNI LAW GROUP

Defense Counsel

Joshua B. Swigart
David J. McGlothlin
HYDE & SWIGART