Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.
This settlement is closed!
Please see what other class action settlements you might qualify to claim cash from in our Open Settlements directory!
Follow us on Twitter and Facebook for the latest Class Action Settlement News!
We’re sorry! This settlement is CLOSED!
No more submissions are allowed.
Please join the Top Class Actions Newsletter
list so you don’t miss out next time and head
over to the OPEN LAWSUIT SETTLEMENTS section
to see what’s available!
Click here to skip the legal notice and go straight to the Top Class Actions article on this class action lawsuit settlement.
No Legal Notice
Award (how much your claim may be worth): You will receive a cash payment or an account credit of any unlawful overdraft fees you paid. The amount of such payment cannot be determined at this time.
Class Action Lawsuit Settlement Case(s): IN RE: CHECKING ACCOUNT OVERDRAFT LITIGATION, Case No. 1:09-MD-02036-JLK, U.S. District Court for the Southern District of Florida.
Company(ies): BANK OF AMERICA, N.A.
Website of the Class Action Lawsuit Settlement Administrator (UPDATE YOUR INFORMATION HERE): www.BofAOverdraftSettlement.com
Address to submit a claim form (NOT REQUIRED):
All Class Members of the Bank of America overdraft fee class action settlement will automatically receive settlement benefits if the settlement agreement is approved at the Final Approval Hearing on November 7, 2011.
Phone Number to call for assistance: (800) 372-2390
Details: The Bank of America overdraft fee settlement will resolve a class action lawsuit, entitled In re: Checking Account Overdraft Litigation, that accuses Bank of America and nearly 30 other banks of manipulating debit transactions to maximize the fees they could charge customers who overdrew their bank accounts. Bank of America denies any wrongdoing, but has agreed to settle its part in the case by creating a $410 million settlement fund to reimburse Class Members.
You’re considered a Class Member of the Bank of America overdraft fee class action settlement if you had a Bank of America checking account and/or savings account that you could access with a BofA debit card, anytime between January 1, 2001 and May 24, 2011, and you were charged one or more overdraft fees as a result of Bank of America’s practice of posting debit card transactions from highest to lowest dollar amount.
As part of the Bank of America overdraft settlement, Class Members will receive payments or account credits for the unlawful overdraft fees they paid. The amount of such payments or account credits cannot be determined at this time, but will be based on the number of people in the Settlement Class and the amount of additional overdraft fees each Settlement Class Member paid as a result of Bank of America’s posting order.
If you are included in the Settlement Class and entitled to receive a cash benefit, you do not need to do anything to receive a payment or account credit from the BofA overdraft settlement. If you Court approves the Settlement and it becomes final and effective, you will automatically receive a payment or account credit.
However, if you wish to opt-out of the Bank of America settlement and retain your right to sue individually, you have until October 3, 2011 to submit your request for exclusion.
You can find more information on your rights in the Bank of America Overdraft Fee Litigation Class Action Lawsuit Settlement at www.BofAOverdraftSettlement.com.
Purchased or Leased From: January 1, 2011 to May 24, 2011
Claims must be postmarked by: All Class Members are automatically included in the settlement
{loadposition content_inline}
Settlement Administrator(s): Rust Consulting, Inc.
Class Counsel:
Defense Counsel:
LEGAL INFORMATION IS NOT LEGAL ADVICE
This site provides information about the law and class action lawsuit settlements designed to help users safely cope with their own legal needs. Legal information is NOT the same as legal advice – the application of law to an individual’s specific circumstances. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult a lawyer if you want professional assurance that our information, and your interpretation of it, is appropriate to your particular situation. You should consider all postings or writings at TopClassActions.com by staff or others as personal opinion only and NOT the advice of a lawyer. Top Class Actions Legal Statement
©2008 – 2010 Top Class Actions® LLC
Various Trademarks held by their respective owners.
{loadposition content_asterpix}
33 thoughts onBank of America Overdraft Fee Class Action Lawsuit Settlement
It is 5:55 pm EST and I have been on the phone with a Bank of America representative for ~1.5 hours about an overdraft fee. They tried to explain away how my account came to be in the negative ~$13.00 after the mobile app showed that I had covered all negative items. They came up with several scenarios to explain away the email alert I got at 5 am in the morning that my balance was low. One scenario was that a payment of ~$1,500, which showed as posted/deducted before 8 am on the mobile app, really didn’t post until later that day which was why I was negative. It was held in limbo, allowing other transactions to come out, and then posted on “their end” later, thereby putting me in the negative. The manager then said that BOA’s “policy” is to post debit transactions before any ACH transactions. I asked for the disclosure that says this (which she said they had). Upon reading it (with her on the phone with me) I didn’t state this at all….what is says is “We may pay and authorize some items, and decline or return others, in any order we deem appropriate” Long story short, she finally admitted that what they “deem appropriate” is what makes them money and/or charges you a fee…it is not appropriate (to them) for them to pot transactions in a manner that protects the customer. I can’t say that I am surprised that this is how they work internally, but I am surprised that they actually admitted that the customer is prayed upon (in as sense) so that they can make extra money…shameful…lawsuit maybe??
I am a victim of identity theft while I had checking/savings account with overdraft protection plus I paid for identity theft protection through Bank of America and even though I would report every time they allowed a virtual check with someone else’s name but my account numbers, they allowed female called to order debit cards, write counter checks as well and refused to fix the issue…
They are still doing the same thing. always one to three days after you have already seen items clear in your account and always 3 to 4 days before your direct deposit hits your account, they charge you a :maintenance fee of 25$” and then and overdraft charge of $35 month after month after month this has happened. we would see our account low and add an extra 20$ and they would reverse the charges, change them to pending and then add on maintenance fee that would then tack on overdraft fees.
Our business had over $1000 in overdraft fees in one year. We didn’t know anything about this. I just read this online and know its closed and we can no longer submit a claim. So what happens to the money they still have for this lawsuit. I have to do some digging to see how much they charged our personal account. My husband kept blamming me for all the overdrafts in our personal account, until we closed it and then they started doing the same thing to his business account. I started taking screen shoots 2-3 times a day to show him that something would be on the screen as they paid it and then the next thing you would know it was know where to be found on the screen until days later. They kept telling us that everything they were doing was proper banking procedure. Thats just our luck always day late and a dollar short. This lawsuit goes to May 24, 2011 so what about all the continued overdrafts after that time frame? So do we have to file another suit???
There was a second settlement in 2016: https://topclassactions.com/lawsuit-settlements/closed-settlements/331515-bank-america-overdraft-fees-class-action-settlement/. You can always contact either class counsel or the settlement administrator with questions.
We offer a submission form on our website for you to fill out if you are seeking class action legal help. Attorneys will then review your submission to determine if you have a case. If they feel you qualify, they will contact you directly. You can submit your information here: https://topclassactions.com/start-a-class-action/. You may want to consult your own attorney, and should you choose to go that route, we recommend checking out http://www.consumeradvocates.org/find-an-attorney. Once there, you will be able to search a broad database of specialized attorneys in your area that you may consult.
Our business had over $1000 in overdraft fees in one year. We didn’t know anything about this. I just read this online and know its closed and we can no longer submit a claim. So what happens to the money they still have for this lawsuit. I have to do some digging to see how much they charged our personal account. My husband kept blamming me for all the overdrafts in our personal account, until we closed it and then they started doing the same thing to his business account. I started taking screen shoots 2-3 times a day to show him that something would be on the screen as they paid it and then the next thing you would know it was know where to be found on the screen until days later. They kept telling us that everything they were doing was proper banking procedure. Thats just our luck always day late and a dollar short.
Never got anything
I am going to contact the class action settlement Company online that we’re talking about and ask them why no one has received the money that they took from all of us people and who do we contact and I’ll get back online when I find out the answer.
I never got anything!
I was part of this lawsuit and didn’t receive anything. I receive the card in the mail from the attorneys filing the class action. The attorneys didn’t pay out!
I was a Plaintiff in Bank Of America overdraft Class Action Law Suite and have not received any correspondence as of yet. My overdraft fees were well over 700.00. I had automatic bank deposit from my employer.They held checks and auto payments a day before my deposit, charged me over draft fees. At one point my overdraft fees where more than my paycheck.