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.
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40 thoughts onUS Bank, BoA class actions accuse companies of stifling customer rights to free speech
BoA requested my green card,
after I provided my documents they closed my credit card account. I called and asked what was the reason of the account been closed, They said my citizenship documents was received late and that I have to apply again. By BoA clossing the credit card my credit score went down tremendously.
BOA only acts when you publicly make a complaint. They use their CSR people to pretend to be Sr. Vp’s….so after 36 years, and me trying to explain my disability, SLE, they want to resolve this. I DO NOT TRUST THEM NOW. I relate to Reina.
Waltunfun, My problem how do someone keep going into my account taken money outt
Sometimes the Teller very rude
Sorry about the misspelling in my comments. But I really do want somebody to hold me. I’m not talking about the bank issue
I would love someone to contact me so I can explain in detail what your spank has done to me in the last couple of months I think miss Louis boy needs to be heard and i’d appreciate it if someone could represent me and at least listening.
If dummy wrong, keep me out of their bag and took my money. This photo you have to hear this story after here please contact me
Sorry about the misspelling in my comments. But I really do want somebody to hold me. I’m not talking about the bank issue
I have had a personal account with US Bank for 8+years. When I bought a business I went into the branch and explained that I needed an account open for the monthly income I earn from that business to be deposited into. The woman opened the account last April. The following month when the first deposit went into the account the account was flagged as fraud. Thank goodness the money was returned to the sender so I was able to set up an account with a totally different bank and have not had any issues. US Bank froze my access to my personal account with my husband and to my credit card with them. As of today I still can’t get into either and no one can help me. I had them turn on paper statements but they always come well after my credit card payment is due. I have been charged extra interest and late fees as a result. Every month I have to call to have someone take my payment so I’m on time before the statement comes and go through the headache every month of trying to restore access all to be told it will be escalated but no one has been able to restore my access. I get emails advising I have a new notification and to sign into my account to see it-I can’t. I just got a letter last week advising that they had reduced my credit limit because of the late payments. It is their fault i had been late those times but I’m yet again being penalized for the woman not seeing the account up correctly in the first place and now I’m in an everlasting loop of unfair treatment and penalties.
They have closed my account they eliminated my cards but I only have one card and every time I wanted to use it I had to be on the phone with them like I was a child to have access to my apartment money because of them I have gone through unnecessary drama and problems they wouldn’t verify my bank account when I had a large amount in there for an apartment and when I told them I was going to block them on Facebook I can’t even get into the mobile banking now they locked me out I have money and I can’t access it
I have been having a problem with my ATM cards. Ever time I get a new one it gets hacked and I brought it to US Bank atantion and they said they could not do anything about it that I would have to open a new account and close my other one. I told them NO I have 2 direct deposit and it’s a pain in the butt to try to change all of that.
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