$10M BofA Credit Card Late Fee Class Action Settlement Preliminarily Approved

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A Florida federal judge has granted preliminary approval to a $10 million class action lawsuit settlement over allegations that Bank of America NA charged improper late frees to credit card customers who made on-time payments. If the Bank of America settlement becomes effective, Class Members can claim up to $40 for each on-time credit card payment they made between April 1, 2005 and Oct. 19, 2006.

U.S. District Judge John Antoon II preliminarily approved the Bank of America late fee class action settlement on May 29, more than a year after a magistrate judge recommended that the class action settlement be denied. The judge later reported that most of her concerns had been resolved.

“As detailed by the magistrate judge, the parties have provided the court with evidence to establish, at least preliminarily, that the proposed settlement class meets numerosity, commonality, and typicality requirements,” Judge Antoon wrote in his Order. “The court also adopts and approves the magistrate’s findings that the named plaintiffs are adequate representatives of the class.”

The Bank of America late fee settlement will resolve multiple class action lawsuits that have been tossed around the courts since 2006, and consolidated in 2009.

This is not the first time that BofA has been accused of charging improper credit card late fees. A similar Bank of America late fee class action lawsuit was settled in September 2013 (Trombley v. Bank of America). The lead plaintiff alleged that he tried to make a payment on the due date in two separate fashions: online and over the phone. Bank of America allegedly refused to credit him online and told him that he would have to pay a telephone penalty fee. The total class action settlement in that case was $4 million, and the first several thousand class members who submitted claims received $40.

The Settlement Administrator for the current class action settlement will be Rust Consulting, according to court documents. We will update our readers on claim filing instructions for the Bank of America late fee class action settlement as soon as a Settlement Website is established by Rust. Keep checking TopClassActions.com or sign up for our free newsletter for the latest updates. You can also mark this article as a “Favorite” using your free Top Class Actions account to receive automatic notifications when this article is updated.

Plaintiffs are represented by class action lawyers from Morgan & Morgan PA.

The Bank of America Late Fee Class Action Lawsuit is Heydee De Leon, et al. v. Bank of America NA (USA) n/k/a FIA Card Services NA, Case No. 09-cv-01251, in the U.S. District Court for the Middle District of Florida.

UPDATE: Instructions on how to file a claim for the Bank of America credit card late fee class action settlement are now available! Click here or visit www.CreditCardLateFeeSettlement.com for details.

UPDATE 2: Starting on Aug. 30, 2015, viewers began reporting they were receiving checks in the mail from the BofA late fee class action settlement. Congratulations to everyone who submitted a valid claim and got PAID!