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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72 thoughts onBank of America class action claims bank failed to send statements yet enforced debts
Bank of america prepaid card services ..data breach for california EDD cardhokders representitives from all over the country answer the calls except for california all states have different finacial laws ? So how does someone in oklaholma answer questions for california ? To me thats a data breach . Financial institutions in california should keep customers information within statelines ..im verifying my identity and finacial info to someone in kansas ,oklaholma ,nevada ,new jersey ,iowa stc .. who to say that the issues with the missing money in my account and duplicated unauthorized trans actions were not done by these people ? When i asked if they new anything about finacial laws of california for pre paid card services they told me they go by their state laws and provisional credit is against their state laws ..i dont live in oklahokma i live in california ..claims are misfiiled by the claims dept because of the way they do thing in their state is different from my state ? Who the hell ? Im just done my level of blood has raised way over my health with this one . I cant i just cant deal with this .. bank of america really needs to up my money there are several transactions and of duplicated transactions ..also that need to be fixed and paid out to the correct person that is me ..investigate do something ..
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Bank of america prepaid card services not only stop sending statements by mail and email ..so i could veiw but online they dont let you view any statements …and when you call them about it they tell me they will send it ..i have large sums of money missing on between transactions bank of america regulatory claims dept valerie rivera sent me documents that do not show activity for any of the claims of unaurthoized purchases ..connected to the missing funds ..i have been fighting with them for 2 yrs now cfpb has notified them 3 times and they faiked each time to respond promtly i just recieved a response for a claim 2weeks ago this claim was fiked 6 months ago ..way past the deadline ..she doesnt even answer my calls .they claim they paid me already for a claim that was dustributed under different claim numbers along with those claims ..but if one claim number has its claims that refund will come under that one claim number you donrt take a claim that has been issued a number and pay out transactions under that claim number under other claim numbers ..that makes no sense . There is definately fraud going on here ..i just need help exposing them and getting my money back ..
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