Top Class Actions  |  October 31, 2019

Category: Closed Class Actions

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This settlement is closed!

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bank of america

Bank of America has agreed to pay $4.95 million to resolve claims that they deceptively charged overdraft fees on one-time, non-recurring debit card transactions.

The settlement will benefit consumers who had an account with Bank of America and paid overdraft fees on debit card transactions classified as recurring charges between Jan. 1, 2012 and April 6, 2017 made with certain merchants.

Eligible merchants include Lyft, Grubhub, Gett, Eatstreet, PicMonkey, Neighborfavor, AMI Entertainment Network, Seamless, Doordash, Postmates, and Eat24.

Plaintiffs filed their Bank of America overdraft fee class action in March 2019, claiming that they were wrongfully charged overdraft fees in violation of the company’s policies.

Bank of America reportedly promises in its policies to not charge overdraft fees on non-recurring debit card charges. Despite these policies, the bank allegedly charged consumers overdraft fees on non-recurring charges by wrongfully classifying the charges as recurring.

The charges were allegedly charged on Lyft, Grubhub, Gett, Eatstreet, PicMonkey, Neighborfavor, AMI Entertainment Network, Seamless, Doordash, Postmates, and Eat24 transactions despite these being non-recurring transactions.

Bank of America has not admitted any wrongdoing but has agreed to settle the overdraft class action against them by paying $4.95 million.

Under the settlement, Class Members will receive a set payment amount for each overdraft they were charged on eligible transactions. Class counsel estimates that Class Members will get $17.67 for each overdraft fee they were charged.

No Claim Form is required to benefit from the Bank of America overdraft fee settlement. The deadline for exclusion and objection is Dec. 20, 2019. The final approval hearing for the settlement is scheduled for Jan. 29, 2020.

Who’s Eligible

Consumers who had an account with Bank of America and paid overdraft fees on debit card transactions classified as recurring charges between Jan. 1, 2012 and April 6, 2017 made with Lyft, Grubhub, Gett, Eatstreet, PicMonkey, Neighborfavor, AMI Entertainment Network, Seamless, Doordash, Postmates, or Eat24.

Potential Award

Estimated payments of $17.67 per overdraft fee. This amount is subject to change based on the number of eligible consumers and the net settlement fund after fees and expenses are deducted.

Proof of Purchase

N/A

Claim Form

A Claim Form is not available on the settlement website. If you are a Class Member, you will automatically benefit from this settlement unless you opt out.

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 Deadline

12/20/2019

Case Name

Owens, et al. v. Bank of America NA, et al., Case No. 1:19-cv-20614-MGC, in the U.S. District Court for the Southern District of Florida

Final Hearing

1/29/2020

UPDATE: The Bank of America Overdraft Fees Class Action Settlement was granted final approval on June 26, 2020. Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.

Claims Administrator

Owens v. Bank of America Settlement Administrator
c/o KCC Class Action Services
P.O. Box 43209
Providence, RI 02940-3209
1-866-477-1982
info@NonrecurringOverdraftSettlement.com

Class Counsel

Robert Ahdoot
AHDOOT & WOLFSON PC

Frank Hedin
HEDIN HALL LLP

Defense Counsel

David L. Permut
GOODWIN PROCTER LLP

LIEBLER GONZALEZ & PORTUONDO

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360 thoughts onBank of America Overdraft Fees Class Action Settlement

  1. Catherine Chavez says:

    I received the settlement, it was deposited automatically into my account, for how much you say……a whole measly $1.08 yup, can’t even buy a cup of coffee with that! Lol

  2. Melanie L Archie says:

    They charged myself and my wife Multiple overdraft fees for years and we never received a dime

    1. Robert Baldwin says:

      I didn’t either and it seems as though they pick and choose the recipients and the amount based on comments.

  3. William A Giles says:

    I hear that we will receive the award for this settlement $17.67 for each overdraft fees. My question is why $17.67 if the bank charges $35, it should be more or at least the $35 that they changed us.

    1. Robert says:

      Well I didn’t receive anything and I had over 30 overdraft charges from the time period. If you’re still at Bank of America they have up to seven years I believe of all your transactions in your statements but I think you have to pay but if you’re no longer a Bank of America customer then you won’t have to pay and you can get up to 10 years of statements for free I Gotta do is call Lynn and request it and they should mail them to you in 12 weeks that’s how I found out about my 30 overdraft charges but wondering why you haven’t received any postcard or payment

      1. Robert says:

        Mail in 1 to 2 weeks or 5 to 10 business days not 12 weeks my mistake and my apology.

      2. Christopher Banville says:

        I haven’t got nothing either how can we find out what’s going on

    2. Lynda B. says:

      Count yourself lucky. I got $5.88. WTF!? The overdraft fee is $35.00. I totally agree with you.

      1. Christopher Banville says:

        I even went to boa because i knew they were screwing me saying my withdrawals were insufficient when i know how much i had always i flipped out they called cops on me i had proof with documents showing my withdrawal went through fine and they still acted like assholes worst bank ever

  4. Amelia Rodriguez says:

    I received a postcard stating I am a settlement class member. I received this post card November 5th. I haven’t received anything from this settlement, and was charged over draft fees multiple times.

  5. Elida Salinas says:

    I still have not received anything
    When will I be getting my refund

    1. Crystal haynes says:

      I filed to have a zelle deposit last year and have received nothing. And I know I’ve had several overdrafts.

  6. Rodney says:

    I also received a notification in 2018 that I was a member of the class action lawsuit against the bank of America, and I haven’t received any compensation yet either.
    I over drafted my account almost every week for nearly 2 years and was charged $35 every time it happened. The bank actually placed a negative report on my credit history even though I did pay them the amount they requested after my account was closed by them.

  7. Luis Gonzalez says:

    I was charged $35 overdraft fees at lest 6 times and have not reviewed any refund yet. I would like to know who to contact to find out when will I get anything please let me know something..

  8. Stephanie Harris says:

    Haven’t received mine yet either

  9. Randy R Weeks says:

    Still wondering about the money owed for all the over draft fees the took from me even right up til late last year! Are we entitled or have they just gotten away with it.i hope not

  10. Kimberly gregorek says:

    This is a perfect example of the Fact that Banks own our country. I have received nothing. Only letter i got was back in 2017 saying there is a lawsuit and i don’t have” to do anything”. They stole our money and will no doubt get away with it
    Everyone NEEDS TO LEAVE & BAN BANK OF AMERICA

    1. Nana says:

      This whole thing is a joke!!

      1. Christopher Royster says:

        No this is not a joke. The ruled against BOA, and Morris won the suit for 75 million. I received a payment in the grand total of $2.84

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