Judge Approves $32M Bank of America TCPA Class Action Settlement

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A California federal judge has granted final approval to a $32 million class action lawsuit settlement with Bank of America and FIA Card Services, resolving claims the defendants violated the Telephone Consumer Protection Act by calling or texting consumers’ cell phones without consent.

U.S. District Judge Edward J. Davila signed off on the Bank of America TCPA class action settlement on Aug. 29 despite concerns that claimants would receive an average recovery of between $20 to $40.

Other TCPA class action settlements, he noted, have provided Class Members with between $100 to $300 or more.

“Of course, it is unlikely that a settlement would result in claimants receiving the full $500 or $1,500 per violation they might be entitled to under the TCPA. Even so, the $20 to $40 range falls in the lower range of recovery achieved in other TCPA class action settlements,” Davila said.

However, “the amount of the Settlement Fund, considered in light of the size of the Class, is in line with recoveries obtained in similar TCPA class action settlements,” including Arthur v. Sallie Mae, he said.

Approximately 7 million consumers were eligible to claim money under the Bank of America TCPA class action settlement. The deadline to file a claim was March 21, 2014.

In addition, Judge Davila approved the requested $2,000 award to each of the seven named plaintiffs but reduced Class counsels’ requested $8 million in attorneys’ fees and costs to approximately $2.4 million.

The cases are Stephanie Rose, et al. v. Bank of America, et al., Case No. 11-cv-02390-EJD and Carole Duke & Jack Poster, et al. v. Bank of America, et al., Case No. 12-cv-04009-EJD, in the U.S. District Court, Northern District of California.

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If you were contacted on your cell phone by a company via an unsolicited text message (text spam) or prerecorded voice message (robocall), you may be eligible for compensation under the Telephone Consumer Protection Act.