Bank of America class action overview:
- Who: Plaintiff Rebecca Atkins filed a class action lawsuit against Bank of America.
- Why: The lawsuit claims Bank of America does not send required monthly statements to customers who fall behind on their home equity lines of credit.
- Where: The Bank of America class action was filed in federal court in Richmond, Virginia.
A consumer filed a class action lawsuit against Bank of America claiming the company did not send required monthly statements to customers who fell behind on their home equity lines of credit.
The Truth in Lending Act requires banks to send monthly statements; however, Bank of America consistently failed to send statements to customers who missed payments on their home equity line of credit yet charged them for the debt, the class action claims. Bank of America is required to send statements for any month in which interest accrues.
Plaintiff Rebecca Atkins claims Bank of America stopped sending statements that would have informed her of interest and late fees when she fell behind on her home equity line of credit.
“BOA’s conduct has caused Ms. Atkins significant financial and emotional harm, including but not limited to a reduction in her present and future home equity, deferral of repayment on her legitimate debts, emotional distress caused by the state court lawsuit and distress from the threatened loss of her home after over three decades,” the Bank of America class action says.
Bank of America waived rights to assess fees, class action claims
Atkins claims she continued to make partial payments until December 2019. In February 2024, Bank of America sued Atkins over the amount it claimed she owed despite failing to send the monthly statements.
“At a minimum, BOA waived its right to retroactively assess principal, interest and fees when it elected not to send statements disclosing the assessed amounts to Ms. Atkins and similarly situated consumers,” the class action says.
Bank of America agreed to a now-closed $500,000 class action lawsuit settlement to resolve claims it violated Florida law by sending late night debt collection communications to account holders.
Did Bank of America stop sending you monthly statements? Let us know in the comments.
The plaintiff is represented by Dale W. Pittman of The Law Office of Dale W. Pittman PC and Kristi C. Kelly, Andrew J. Guzzo, Casey S. Nash, J. Patrick McNichol and Matthew G. Rosendahl of Kelly Guzzo PLC.
The Bank of America class action lawsuit is Atkins v. Bank of America NA, Case No. 3:24-cv-00227, in the U.S. District Court for the Eastern District of Virginia Richmond Division.
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65 thoughts onBank of America class action claims bank failed to send statements yet enforced debts
Please add me I’ve been wronged by BOA
BOA has wronged me please add me
They used to charge me and say I haven’t paid it, I had to pay to keep my account open. But it is closed then bank of America said I gave my account number to a 3rd party which wasn’t true and suspended my account, I’m no criminal, that was bogus of them to do that
Add me please
My edd BOA wouldn’t give me all my payment at once I put a claim for 10,000$ and they only give in payment 7000 and only 1000 I needed a apartment and they refuse so I am still homeless behind all the stress BOA cause me
Add me please
Bank of America extorted $600 from me pretending I had unpaid charges with them for services until I contacted the supposed payees who say I’ve NEVER purchased their services with Bank of America and they’d be happy to testify against Bank of America for fraud to whoever asks including a courtroom judge. The bank also put fraudulent claims on Experian damaging my formerly excellent credit. The bank owes me about $7000 and despite paperwork, I’m having a tough time getting my own money back. Experian is also trying to extort $1000 from me to correct their own errors?
Add me please