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This settlement is closed!
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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 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
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47 thoughts onBank of America Unauthorized Credit Report Class Action Settlement
Not sure what I can do but I foreclosed and did bankruptcy.Lost my house and it was VA Loan which loan was 168000.00 and I had it for 8 years before foreclosure. After 8years foreclourse was more than what I bought the house for. It foreclosed at 178000. How it did I’m confused and they sold it for 56,000. And Now say I still owe BAC 108000. Can someone explain to me how this is possible.
Not for the customers, its for the lawyers
Please add me
Please add me
Add Me
Add me…
I found out that Bank of America (I credit card for more than 10 years and another a few months old) is getting MONTHLY credit reports and that is too much. Are their monthly inquirqies on my credit report affecting my credit score?
I do not trust this bank, but I still want to finish paying what I borrowed over time. This year, Bank of America will charge me $700 in interest, for a balance of approximately $4000. Talk about highway robbery…
Please add me to class action
The deadline is now 6/19/18
NEVER received any $ from the Pastor Vs. Bank of America Class Action suit??
Claim #60008882001