Farrell v. Bank of America, N.A. Settlement

Current Status

A secondary distribution was economically feasible with the remaining Settlement Funds. Award payments via check will be mailed to eligible class members who are current and former account holders and had previously negotiated their initial award and for whom the pro-rata share of the secondary disbursement is equal to or greater than $5.00.

Please note that checks are expected to be mailed over a week starting March 18, 2024.

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If you Incurred One or More $35 Extended Overdrawn Balance Charges in Connection with your BANK OF AMERICA consumer checking account, between February 25, 2014 and December 30, 2017, you may be entitled to benefits from this proposed class action Settlement.

A settlement has been reached in a class action lawsuit pending in the United States District Court for the Southern District of California (the “Court”) entitled Joanne Farrell v. Bank of America, N.A., Case No. 3:16-CV-00492-L-WVG (the “Action”). The Action challenges extended overdrawn balance charges (“EOBCs”) as allegedly violating the National Bank Act’s usury limit. Bank of America, N.A. (“BANA”) denies liability. The Court has not decided which side is right. The Court has tentatively approved the proposed settlement agreement to which the parties have agreed (“Settlement”).

Current and former holders of BANA consumer checking accounts who incurred EOBCs may be eligible for a cash payment, account credit, or a reduction of outstanding debt owed to BANA. If you received a Postcard Notice or Email Notice, it is because the parties to the Action believe you are a Settlement Class Member who is entitled to relief. Read this notice carefully. This notice advises you of the benefits that may be available to you under the proposed Settlement and your rights and options if you are a Settlement Class Member.

SUMMARY OF YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT

DO NOTHING	Receive A Cash Payment, Account Credit and/or Debt Reduction. If you are entitled under the Settlement to a cash payment, account credit or debt reduction, you do not have to do anything to receive it. If the Court approves the Settlement and it becomes final and effective, and you remain in the Settlement Class, you will automatically receive a cash payment, account credit and/or a debt reduction, as determined under the terms of the Settlement, and will give up your right to bring your own lawsuit against BANA about the claims in this case.
EXCLUDE YOURSELF FROM THE SETTLEMENT	Receive no benefit from the Settlement. This is the only option that allows you to retain your right to bring any other lawsuit against BANA about the claims in this case.
OBJECT	Write to the Court if you do not like the Settlement.
GO TO A HEARING	Ask to speak in Court about the fairness of the Settlement.

These rights and options – and the deadlines to exercise them – are explained further in the Notice.

The Court in charge of this case still has to decide whether to approve the Settlement. Payments, account credits, and debt reductions will be provided if the Court approves the Settlement and after any appeals are resolved. Please be patient.

NOTE: This website provides a summary of the Settlement and is provided for informational purposes only. In the event of any discrepancy between the text of this website and the original text upon which it is based, the text of the original document shall prevail. Any capitalized terms used here have the meanings set forth in the Settlement Agreement.