Status: In progress

Chen v. Bank of America Corp., et al.

Bank of America allegedly fails to notify credit card holders that their enrollment in its automatic bill payment program will be canceled due to non-use of their credit card.

  • Deadline to file a claim: TBD
  • Proof of Purchase Required: No
  • Potential Individual Reward: TBD
  • Total Settlement Amount: TBD
  • States Involved
Close up of Bank One of America cards, representing the Bank of America class action.
(Photo Credit: Idealphotographer/Shutterstock)

Bank of America class action lawsuit overview:

  • Who: Plaintiff Jeffrey Chen filed a class action lawsuit against Bank of America.
  • Why: Bank of America allegedly fails to notify credit card holders that their enrollment in its automatic bill payment program will be canceled due to non-use of their credit card.
  • Where: The Bank of America class action lawsuit is in California federal court.

Bank of America allegedly canceled credit card holders’ automatic bill payments without notifying them, according to a class action lawsuit in California federal court.

Plaintiff Jeffrey Chen says he is a Bank of America credit card holder and enrolled in the bank’s 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.

Chen “belatedly found out that his enrolled autopay accounts were no longer being paid, causing them to be overdue and reported to the credit bureaus,” which affected his credit rating, the Bank of America class action lawsuit alleges.

Bank of America class action says bank gave no notice that auto payments enrollment would be canceled due to non-use of card

Upon enrollment in the Bank of America automatic bill payments program, cardholders are required to sign credit card agreements and other documents, Chen says.

“However, none of these documents mention that the bill pay enrollment will automatically be cancelled if the credit card is not used for a period of time,” according to the Bank of America class action lawsuit.

Bank of America also allegedly fails to inform credit card account holders about its automatic bill pay program cancellation policy in the “How Online Bill Pay Works” and “Bill Pay and eBills FAQ” sections on its website.

Because of Bank of America’s lack of disclosure, Chen and other putative class members were “erroneously assured that their bills were being paid continuously” only to find out that their registration in the automatic bill payment program was canceled, leaving their bills unpaid, ultimately impacting their credit ratings.

Chen says he 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.

The Bank of America class action lawsuit asserts claims for violations of California’s Consumer Legal Remedies Act, False Advertising Law, and Unfair Competition Law.

Three recent Bank of America class action lawsuits allege the bank opened new customer accounts without consent, refused to pay promised bonuses for new credit card accounts, and charged undisclosed fees on incoming wire transfers.

Were your Bank of America automatic bill payments canceled without notification? Tell us about your experience in the comments!

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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68 thoughts onBank of America class action claims company canceled automatic bill payments without notification

  1. Meredith Layton says:

    Add me. BOA has done several of the above to me. Ironically, the secure CC intended to rebuild credit ended up being top 5 mistakes of my life. I took it all the way to THE TOP, in turn they “heard me.” However, didnt correct anything. An ancillary item worth mentioning to the group is that I suggested a seniors # to be used for elderly people for whom do not participate in the digital world for one of a plethora of reasons. The response from their executive response team was that doing so would create inequality. Therefore, discrimination against all non-seniors. First, age is a protected class to begin with so reasonable accommodation is the fairness factor. I noted that age itself doesn’t discriminate, as its a shared human experience. All persons of a qualifying age doesn’t target nor disadvantage one subset of the pop in favor or another. My final remark was that I wasnt aware of a Benjamin Button loophole. :)

    Please add me. Above is tip of the iceberg!

  2. Olivia says:

    What if they just cancel your credit card with no warning. Even if you have outstanding credit and are in good standing with them as well?? When my card got cancelled it then made my credit score drop which affected my APR when I had to purchase a new vehicle!! Surely that is NOT legal!!!!

  3. Ashley MacDonald says:

    I have this same issue. In 2019 I had a final payment of 100.00 due that they were to take out of my account. They didn’t take it out when it was in my account available to them at the time it was due. They didn’t take it out. Nor did they notify me (if there may have been any issues with it) When I don’t hear anything, I assume it’s fine. I called all at the end of 2019, 2020, 2021 and 2022 even 2023. It’s almost 2024 and I am still dealing with the aftermath of them reporting it to the bureaus incorrectly. Now I find a lawsuit complaining about the issue I have with BOA. They not only reported all of this to the bureaus when it was their fault, which caused what was nearly 800 credit score to drop, my credit reports to also suffer. And they reported it several times instead of working with me to answer my questions I have been trying to figure out since 2019 which was WHY didn’t you take out the payment, why was I not notified BEFORE reporting it to the bureaus, causing my credit scores to suffer. This has caused a lot of emotional stress and financial stress and has become such a burden. Because what gets me is EVEN IF they made some type of error with taking the payment, coming to the realization of that and correcting the problem, and letting me know I would have made the final payment. Though to be honest them coming after me for the full balance after I paid almost all (only because of BOA not taking the last one) is wrong on a whole other level. Banks do not care about assisting with the issue, they want money and are greedy. And I went to bureaus over 100?? That they didn’t take out? Idiots. I barely owed anything. The amount of damage they caused over this. I will pursue legal action and see to it I’m compensated well for this.

  4. Judy Cabrera says:

    BAC stopped electronically paying several “store” credit cards. Instead, they payed via a check. Many of the payments were late causing those credit card companies to report late payments to credit card bureaus. Adversely affecting my credit score and the credit limits on several cards. Basically, my credit is ruined. I live in FL.

  5. Pamela Boger says:

    Please include me

  6. Edna says:

    I have autopay for the minimum to be paid each month, but this month it “paid” lower than the minimum. the minimum was $155 and it only paid $55 on autopay. it’s never done this before

  7. Lynnette Hoskins says:

    They went up on mine visa card

  8. Maria says:

    Add me

  9. Dorothy Range says:

    add me

  10. WILLIE BEARD says:

    ADD ME

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