Top Class Actions  |  October 6, 2021

Category: Closed Class Actions

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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!

Front of a Bank of America in a city - boa fees
(Photo Credit: Roman Tiraspolsky/Shutterstock)

Consumers who had a checking or savings account with Bank of America (BOA) and were charged a retry transaction, overdraft, nonsufficient funds (NSF), or intrabank transaction fee may be eligible for a payment thanks to a $75 million BOA fees class action settlement.

Settlement Class Members include Bank of America customers who had a checking and/or savings account and were charged one of the following fees between July 1, 2014, and July 29, 2021: retry transaction fee, Intrabank transaction fee, NSF fee, or overdraft fee.

Plaintiffs in a class action lawsuit allege Bank of America charged its customers improper fees systematically in a multipronged effort to earn more profit. 

The plaintiffs further say multiple BOA fees would get charged for a single transaction. Together, plaintiffs say, the bank’s practice of charging these fees would force customers into a cycle of deceptive and improper charges.

Bank of America disputes the plaintiffs’ allegations, and the company denies its actions were improper. 

The Court has not made any ruling about the actions of Bank of America, so no determination of guilt has been made in the BOA fees class action lawsuit. 

Despite that, both Bank of America and the plaintiffs have considered the risks and costs of continuing the class action lawsuit. Both parties believe the settlement is in the best interests of all Class Members and the company itself.

According to the settlement, the $75 million balance will get paid out on a pro rata basis after attorneys’ fees, service awards, and the costs of administering the settlement have been deducted. 

Current customers will get a credit on their accounts for the amount they’re entitled to receive, while former customers will receive a check.

Also as part of the settlement, Bank of America has also agreed to change certain practices for at least five years. It will stop assessing fees on retry transactions and will implement changes to its consumer account disclosures.

Class Members who do not wish to participate in the settlement must exclude themselves. By doing so, Class Members can continue pursuing any individual claims against Bank of America, but they will not receive any payment from this settlement.

Class Members who wish to continue participating in the class action lawsuit but are not happy with the settlement have a right to object.

The deadline to opt out of or object to the BOA fees class action settlement is Nov. 11, 2021.

No claim form is required.

Who’s Eligible

Settlement Class Members include Bank of America customers who had a checking and/or savings account and were charged one of the following fees between July 1, 2014, and July 29, 2021: retry transaction fee, Intrabank transaction fee, NSF fee, or overdraft fee.

Potential Award

Varies

Proof of Purchase

No proof of purchase required

Claim Form

No claim form required.

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.

Opt Out of or Object to Deadline

11/11/2021

Case Name

Morris v. Bank of America Settlement, Case No. 3:18-cv-00157-RJC-DSC, in the U.S. District Court for the Western District of North Carolina Charlotte Division

Final Hearing

01/18/2022

Settlement Website
Claims Administrator

Morris v. Bank of America Settlement
P.O. Box 5645
Portland, OR 97228-5645
855-654-0890

Class Counsel

Larry McDevitt
David M. Wilkerson
THE VAN WINKLE LAW FIRM

Jeffrey D. Kaliel
Sophia Gold
KALIEL GOLD PLLC

James J. Pizzirusso
HAUSFELD LLP

Defense Counsel

Brian A. Kahn
Jasmine K. Gardner
MCGUIREWOODS LLP

Carolee A. Hoover
MCGUIREWOODS LLP

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536 thoughts onBank of America $75M Improper Fees Class Action Settlement

  1. Dawn says:

    This is so sad! All the victims should get All of their money back! My check
    should be coming this weekend and it better be over $250 lol

    1. Ronald says:

      It won’t be. Mine was 2.84. I’ve yet to see anyone get more than 8 bucks. Only ones who benefitted was the lawyers, boa and the class reps

  2. Angel says:

    Has anyone received a payment yet

      1. Gaby says:

        There’s a place on the site that you can check on the status of when your check was mailed out. Mine said it was mailed today.

        1. Dee says:

          TY. Would you mind to tell me where on the website you found your info? Also are they listing the amounts of the checks?

        2. Fabian says:

          We will only receive checks if we now have another bank correct? For current Bofa users I assume it will be direct deposit

    1. Angel says:

      Mine appears to be in today’s mail. I will return later to post the amount once received.

      1. JDavis says:

        How much???

      2. dawn says:

        please let us know!

    2. Dk says:

      I got mine today I think .. I gotta open when I go home

      1. Malcolm Q says:

        How much was the check?

        1. Dk says:

          $147.68..

          1. Dawn says:

            I hope i get at least $200. This is ridiculous

          2. Fabian says:

            Did you get a lot of overdraft fees? Nsf fees? Disappointed that everyone else is getting less than 10 bucks

        2. Melody Banner says:

          47.80

    3. Stephen Kulesza says:

      Me and my wife got ours. She got 6 bucks. Lol. I got 68. I wanted way more but whatever. Is small folks get ripped!

  3. Dee says:

    We are class members and had banked with BOA for many years. Suddenly BOA made a pact with First Tennessee and our accounts were sold to First Tennessee because BOA said our branch was too small. First Tennessee continued the same deceptive practices. I don’t speculate on how much or if any we we will receive as attorneys always get the bulk, the last I saw the original class representatives, not class members would get $31,000 each and us, well I don’t expect anything so I won’t be disappointed. I also read there were 5.9 million class members 🤣. Cannot make heads or tails out of website except that payments go out the end of March, 2022 barring no objections and according to the website as of today there were no objections.

  4. TRISHCELIA BANKS says:

    NEVER RECEIVED A PAYMENT FROM B O A AND I FILED A CLAIM FORM AND CONFIRMED CONFIRMATION.

    1. James Davis says:

      I received the card, I had moved over a year ago and they found me.
      These BOFA FEES, are the reason I finally closed my account. I kept getting these fees and it would send my account into a vicious cycle of negativity. I sat down one day and added up the fees that totalled well over $1,000.00. They would also have my Direct Deposit set for Fridays and process debts to my account BEFORE applying my Direct Deposit therefore causing more FEES to be generated.
      Even if I never see a dime out of this, I am glad that someone was able to bring to light what this horrible institution has been doing to people for years. I hope their President and board members who approved these practices end up with negative bank accounts and have to worry how THEY will pay their rent or put food on the table…Good for you Lisa Morris!!!

      1. Joey D says:

        Thanks fir sharing that…they did us the same way with our mortgage payments being drafted out and totally messed up our credit!!

  5. Ryan S. says:

    I had 4 Bank of America accounts from 2016 to 2019 (Personal checking, personal savings, business checking, merchant account) and I can recall the horror of being hit with $35 fee after $35 fee again and again, sometimes over a dozen different fees in one day. This was a large contribution to why I closed all of my BofA accounts in 2019. I remember adding up all of the fees just before I closed them – just over $5,000 worth of “Banking, service, and overdraft fees”.

    I still have statements for all of those accounts, but because they are all closed I’m no longer sure how this action will affect me. I received an initial notice of this class action on a postcard a while ago, but since then, nothing.

    BofA has never been the most transparent financial institution, but having them take ownership and reverse all of those devastating banking fees would really change my view on them in a positive light.

  6. Amy L Edmonds says:

    How do I find out what address they have on file and update it for my settlement portion to be mailed to me cuz I have a different bank now

    1. Ryan S. says:

      My guess is that if you received a class action postcard in the mail they are using your most current address.

      You could always put in a free mail forwarding request with USPS, bu I believe they only last 6 months.

  7. Lisa Capodanno says:

    Checks and or Direct Deposits will start being distributed end of March. I believe the $1k- $10k go to the reps that went to court. The rest of us will receive next to nothing I am sure .. I, for one, must have paid someones salary.

    1. Timika says:

      How do you know this. I called the attorney but they refuse to return my call

  8. Pammy says:

    I received a postcard in the mail but I haven’t received a payout yet

    1. shanina coles says:

      same here i got the post card but no check yet. I believe they said thirty days after the hearing they would mail checks so maybe any day now.

      1. linda says:

        I never received a check why ?

      2. Linda says:

        I did not received a check yet; how come?
        Linda

  9. Maria says:

    On January 18, 2022, the Court granted Final Approval to the Settlement and after the objection period has passed, the Settlement will be effective. Assuming no objection (and to date there have been none), Settlement awards will begin being disbursed at the end of March 2022. Please check this website periodically as any changes to the case status will be updated here.

    1. Debra Donovan says:

      Thank you Maria, I can stop Googling the case looking for a date. This info should be on their FAQ site.

    2. Donna Alvarez says:

      Yes, you are correct. I read they will start sending checks out after March 22nd. I nearly had $12,000 in retry fees, overdraft fees, and NSF fees when I closed my account in August of 2020 so I had an account during the entire time allotted on this settlement. So, I hope they weren’t lying to us about the settlement amount to be paid out

    3. Jen says:

      How much money, will each individual expect to get? Or do we have to just wait and see.. it prob gonna like 30 dollars ..

      1. Ryan S. says:

        You can see the everything in the court documents via the class action website. According the the final approval order, full settlement is only $25,000,000 – $226,863.13 Attorney fees or “costs”- $31,000 to class representative (Well done, Morris) = $24,742,136.87 left to be distributed to members of the class, which is basically every single BofA customer in the last 7 years.

        From my understanding, the checks we’ll be getting won’t even cover the cost of one BofA overdraft fee.

        1. J Davis says:

          Ryan S…You need to learn how to read plain English. The settlement is for $75,000,000. The Attorneys have to split $25,000,000. This is exactly how wrong information is spread. Go to the Eye Doctor dude…

          1. Mary says:

            The suit was for 75 mil, they settled for 25 mil

          2. Mary says:

            Ryan S. is correct. I read the final approval order on the morris v BOA website.

    4. Katrina says:

      There only paying 17.39 for overdraft fees per month that u were charged,it should be a nice chunk

  10. Maresa J Moore says:

    I haven’t gotten anything yet either..

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