US Bank, BoA class actions accuse companies of stifling customer rights to free speech

US Bank, BofA free speech class action lawsuits overview: 

• Who: Bank of America N.A. and U.S. Bank National Association have been targeted by separate class action lawsuits filed by their respective customers.  
• Why: Bank of America and U.S. Bank have been accused of attempting to stifle their customers’ free speech with allegedly unlawful online banking terms and conditions. 
• Where: The class action lawsuits are filed in California federal court. 

Bank of America and U.S. Bank have been accused of trying to silence unhappy customers by placing non-disparagement clauses in their online banking terms and conditions. 

A class action lawsuit was filed against U.S. Bank in November, while a separate class action lawsuit was filed against Bank of America earlier this month. Both have since been removed to a California federal court. 

A group of U.S. Bank customers argue they were required to sign digital service agreements to use the financial institution’s website or mobile applications that waived their customers’ rights to make negative statements about the bank. 

The U.S. Bank customers claimed having to sign the “unlawful” agreements stifled their rights to free speech and restrained their right of the California public to hear “lawful discourse.” 

“Defendants’ strong-arm tactics to silence injured parties were and continue to be intentionally exercised to protect Defendants’ self-promoting public image for commercial and other benefits,” the U.S. Bank class action states. 

Bank of America threatens to terminate accounts of customers who publicly badmouth its offerings, says class action

A group of Bank of America customers, in a similar class action lawsuit argue they had to sign online service agreements that contained threats their accounts could be terminated if they were to publicly talk bad about the bank’s product offerings. 

“By way of these provisions, Defendants seek to have users waive their right as consumers to make negative statements regarding Defendants or their goods or services, and further threaten to penalize consumers for making such statements,” the Bank of America class action states. 

The Bank of America customers argue the bank has a “significant incentive” to want to minimize any negative publicity they might receive, given the potential for a negative consumer statement to go “viral” via the internet and social media. 

The plaintiffs in both cases are demanding a jury trial and requesting injunctive relief along with an award of statutory damages for themselves and all class members. 

The Consumer Financial Protection Bureau and Office of the Comptroller of the Currency levied a $36 million fine against U.S. Bank last month following claims it prevented consumers from accessing their unemployment benefits during the COVID-19 pandemic. 

Have you been required to sign an agreement that barred you from talking bad about a company? Let us know in the comments.

The plaintiffs are collectively represented by Christopher R. Rodriguez, Andrew D. Bluth, John Ternieden, Trent J. Nelson and Yuqing “Emily” Min of Singleton Schreiber LLP and Thomas A. Leary of The Law Office of Thomas A. Leary APC.

The US Bank, BofA free speech class action lawsuits are Aguilar, et al. v. US Bank NA, et al., Case No. 2:24-cv-00154 and Roldan III, et al. v. Bank of America, et al., Case No. 2:24-cv-00136 in the U.S. District Court for the Central District of California. 

Read About More Class Action Lawsuits & Class Action Settlements:

• Navy Federal class action claims credit union discriminates against minorities
• Banks face class action lawsuit claims over fees, data breaches, other issues
• Lawsuit claims Apple, Visa, Mastercard made anticompetitive agreements
• Axos Bank class action alleges company misleadingly advertised high-yield savings accounts