Bank of America autopay cancellation class action overview:ย
- Who: A Bank of America customer has sued the company.
- Why: The plaintiff says the bank canceled his auto payment to his credit card due to non-use of the card, without his knowledge.ย
- Where: The Bank of America autopay cancellation class action was filed in a California federal court.
A California federal judge has allowed a lawsuit to proceed that alleges Bank of America canceled credit card holdersโ automatic bill payments without notifying them.
On July 9, Judge Dana M. Sabraw issued an order partially granting Bank of Americaโs motion for judgment on the allegations, but allowing most of the claims to proceed.ย
Plaintiff Jeffrey Chen says he is a Bank of America credit card holder and enrolled in the bankโs automatic bill payment program. In June 2023, Chen says he learned that his Bank of America automatic bill payments had been canceled and he had been unenrolled from the program because he had not used the credit card for a year.
He says this undisclosed change in his autopay status affected his credit score. Chenโs lawsuit asserted claims for violations of Californiaโs Consumer Legal Remedies Act (CLRA), False Advertising Law, and Unfair Competition Law.
Judge dismisses CLRA claims but allows the rest to proceed
In her recent order, Sabraw said she agreed with the bankโs argument that the CLRA claims should be dismissed, because the law does not explicitly apply to credit cards or autopay programs.ย
She added that there is case law that supports the narrow interpretation of the law that Chen argued against. Sabraw allowed the False Advertising Law and Unfair Competition Law claims to proceed, denying the bankโs claims that Chen did not have standing and did not satisfy the pleading claims.
โPlaintiff has alleged the โwhoโ (defendant) and the โwhatโ (failed to inform its autopay customers that their enrollment in the autopay program would be automatically canceled if their credit card was not used for a certain period of time),โ the order says.
Chen says he and others would not have enrolled in the Bank of America automatic bill payments program had he known his enrollment would automatically be canceled due to non-use of his credit card.
Were you affected by this alleged Bank of America autopay issue? Let us know in the comments!ย
Chen is represented by James M. Treglio and Mark Potter of Potter Handy LLP.
The Bank of America automatic bill payments class action lawsuit is Jeffrey Chen v. Bank of America Corp., et al., Case No. 3:23-cv-01762, in the U.S. District Court for the Southern District of California.
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50 thoughts onBank of America autopay class action moves forward
This also happened to me
I as well have Bank of America. I opened my account Nov2016 I have been on auto payments for 6+ years for my car and I 3 1/2 years note have been trying to pay my car note and with this car I have now every month I go to have my car paid and the bank keeps putting a stop on my payment. I have always had money on that account due to I donโt want to get my car to be up for repo.
I had my mortgage through Bank of America. I was set up on auto draft. They failed to submit my ach payment for 3 months marking my account on my credit report as late when the money was in my account and I had to go round and round with them. There final reply was I had to have made so many payments before they could set up auto draft but they failed to notify me. Instead they just let my account go almost into foreclosure!! Such a headache and very time consuming!!! Donโt ever use Bank of America for ANYTHING!!
Iโm working on my case thatโs being submitted to FINCIN, CfPB, the SEC and the list grows. All have been in contact with me. This nightmare has gone on since 2012. Every day I read about either Wells Fargo or BOA and go โ yup, add that to my list that keeps growing! โ In 2020-2022 they topped themselves with a illegal WRONGFUL PARTITION. Of my home and #2 ranked luxury B&B though everyone played the truth down that it was really a Bankruptcy case the Co-Owner was in but since they illegally put this man on my Brokerage accounts back in 2013 and let him ride my coat tails creating a trust estate and him behind my back with every Single member LLC he would file false Articles of Organization so he could claim tax benefits โ heโs an illegal Alein with at least 7 criminal convictions โ I wasnโt even told he was not a non resident? Yet they put him on my accounts & businesses all these years! Heโs very good friends with the Head of Wealth Management in North Carolina BTWโฆthen during portion suit insane charges, double payments to them for 6 months on 2 cards then they took American Air off auto pay and the โ Non Resident โ Iโm batteling in court goes and changes change of address so Iโm not getting alerts plus heโs a โGenius code/ HACKERโ he obstructed justice remotely hacking my computer deleting folders with all my evidence and proof! Thank God a saved the hard drive just months prior and OMG the evidence reads like the unibombers Manifesto! A 17,000 AA Card lein got released and I went to close my business account and they Saud โ Technically we canโt Miss โ I was like Why? They said because SOMEONE WAS ON IT! Of course and he used my EIN to money luander money with probably with every LLC I set up over the years. Hence why FINCEN is now involved. Bank of America knowingly contributed to this Pig Butchering ! I canโt wait for my day in court with them and their personal buddy SCIOPATH HACKER!
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Bank America did this very thing to me last October. How do I join this lawsuit?
I supposedly own alot of money to bank of america but I remember to closed my account on $0
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add me please
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They did it to me. Then they charge late fees, put in a complaint to the credit agencies which drops your credit ratings
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They keep sending my payments out and canceling it causing me fees of $30 everytime letโs random charges go thru I call in fraud they give me money back then 2 weeks later takes it back