Class Eligibility

The Settlement Class includes all individual borrowers who (i) maintained a Credit Card Account with BANA that was charged off by BANA and sold to a third-party Debt Buyer on or after January 1, 2008; and (ii) were discharged in Chapter 7 bankruptcy after such debt was sold to a third-party Debt Buyer but before October 1, 2015.

Estimated Amount

Varies

Payments to Participating Claimants for timely, valid, and approved claims and to Class Representatives for Incentive Awards as ordered by the District Court in an amount not to exceed $5,500,000;

Claims administration costs, including, but not limited to, notice costs and escrow and banking fees and costs; and

Payments to Class Counsel for attorneys’ fees and litigation costs as ordered by the District Court in an amount not to exceed $1,000,000, though Class Counsel may seek an award of additional fees and costs up to $500,000, to be paid solely and only from the Settlement Fund (see FAQ 16 for further information).

BANA has also asked the three primary Credit Reporting Agencies (TransUnion, Equifax, and Experian) to delete or suppress the tradelines associated with the Class Members’ Credit Card Accounts at issue.

Proof of Purchase

Yes

Case Name

Michael Echavarria, et al. v. Bank of America Corporation, et al.,
Case No. 14-08216
District Court for the Southern District of New York

Case Summary

This lawsuit alleges that Defendants failed to update credit reporting information for Credit Card Accounts sold to third parties where the account holders’ debts were discharged in Chapter 7 bankruptcy after they were sold. As a result, the tradelines continued to reflect that the debts were sold, charged off, and had $0 balance, and did not indicate that the debts were included in bankruptcy.

Settlement Pool

$5,500,000

Deadline

01/30/2018

Contact


Echevarria v. Bank of America Settlement Administrator
c/o Epiq Systems Inc.
P.O. Box 3145
Portland, OR 97208-3145
1-844-319-9617

14 responses to “Bank of America Credit Card Class Action Settlement”

  1. Ma says:

    I am a member of this class action lawsuit but don’t want to give my S.S. number. Is this mandatory ?

    ADMIN – Hi Ma,

    If the form requests your social security number it is mandatory. They won’t accept the claim otherwise.

  2. david knoll says:

    I had a credit card through them I had difficulties with interest in different charges what’s my next step

    ADMIN – Hi David,

    This settlement is not about interest or charges. Issues like that are handled by the customer care team at the bank.

  3. Gay Ann Williams Soderbeck says:

    Bank of America is charging a $10 fee for withdrawals and transfers over six each statement period. That is almost crazy considering the summer and holiday months. They started this in December 2017, and claim it is a federal law that they charge the fee. I looked at the FTC and have not found the infomration that I need, but plain to file a complaint. I realize this has nothing to do with your lawsuit, but sure want to be a part of a class action suit regarding their fees.

    ADMIN – Hi Gay,

    Your account must be a savings account. Consider changing it into a checking or money market account to avoid such fees.

  4. Debbie Bennett-Carey says:

    I am not sure if I qualify for this class action suit. I had a mortgage with Bank of America for several years. Is there a way to verify? My name at the time was Debra Bennett

    ADMIN – Hi Debbie,

    You qualify if you meet the following criteria:
    The Settlement Class includes all individual borrowers who (i) maintained a Credit Card Account with BANA that was charged off by BANA and sold to a third-party Debt Buyer on or after January 1, 2008; and (ii) were discharged in Chapter 7 bankruptcy after such debt was sold to a third-party Debt Buyer but before October 1, 2015.

  5. Kevin says:

    How do I find out if this is legit, before sending all my personal information? After calling the listed number, the message tells me, to not call the court house… I never get to speak to a live person, as well…

    ADMIN – Hi Kevin,

    This is the company handling the settlement. Try reaching out using their main phone #

    http://www.epiqsystems.com

    • Kevin says:

      I do recall that BofA had some internal problems with someone hacking their system and stealing some account holders information, is why I even asked… I would hope this was real, and I’d be up for some cash, as I do seem to qualify for this… My attorney thinks so too, as I had him review my credit report…

      ADMIN – Hi Kevin,

      If you feel you are a class member by all means file a claim.

  6. Kevin says:

    The time stamp on this web site is, 6:48p.m. The time in London would be a good assumption of where this site was hosted. Not in New York where the district court is at or in Oregon, where the name of this listed class action is located…

    ADMIN – Hi Kevin,

    We based out of Texas and Atlanta and we are not the class action administrator. Think about us as a digital newspaper for class actions.

  7. Viola Elizabeth Eaton says:

    I had an Amtrak Card under Bank of America and they switched me to Chase Bank without me knowing, do I qualify for this? I felt it was so wrong and then I tried to go back to Bank of America and they said I did not qualify….credit wise.I qualified when I got the card and then they rejected me…I know, this is a heart breaking story. Happy New Year!

    ADMIN – Hi Viola,

    Happy New Year. May your credit improve in 2018

  8. Bryan says:

    I am looking at my chexsystems report and my consumer credit report. My BofA credit card has different information written on both and i also have past CCReports from a few years ago as well to confirm changes…

    chex info. is saying its UNPAID. w/ a closure status date of 4/30/15 for suspected fraud activity? AND it says original charge off amount $253.75. This card had a limit of 1500.00(i just never payed the payments because i was unemployed veteran.
    Now my CCreport is saying original chargeoff $1,329.00. and that i made a payment on 10/4/16. Date closed: 07/18/2015. I opened it on 06/2013 and fell on hard times on 07/2015. it says its been closed by credit grantor and unpaid balance charged off. i had multiple collections come at me but i never paid. and now it says i owe only 529$

    does this mean anything?

    ADMIN – Hi Bryan,

    A credit counselor will be best qualified to answer your questions.

  9. Kim says:

    How would I know if they sold it to a third party?

    ADMIN – Hi Kim,

    Because you get a collection letter from a third party.

  10. Jennifer Meador says:

    I had a BOA credit card and it was charged off in bankruptcy. Would I qualify? My bankruptcy was in December of 2008. I am just unsure if this fits me. I believe it does but I don’t want to fill out the form and commit perjury if I am not part of this class. I have no idea what to do. -jennifer m.

    ADMIN – Hi Jennifer,

    Contact the class action administrator to obtain clarification.

  11. Ann says:

    I believe that I do qualify but, I want to make sure. I had a Bank of America card and declared Chapter 7 bankruptcy in late 2008 and it was final on 3/18/2009. On a credit report in 2011 it states the amount written off then it says under creditor’s statement “Purchased by another lender” But I see the same statement under several other creditors who were included in the bankruptcy.
    so am I qualified to be included? Also, are there costs to me?

    ADMIN – Hi Ann,

    Eligibility requirements are as follows:
    The Settlement Class includes all individual borrowers who (i) maintained a Credit Card Account with BANA that was charged off by BANA and sold to a third-party Debt Buyer on or after January 1, 2008; and (ii) were discharged in Chapter 7 bankruptcy after such debt was sold to a third-party Debt Buyer but before October 1, 2015.

    Also there is no cost for you to file. The lawyers representing you were paid through the settlement.

  12. Tracy says:

    Everything here applys to me except I filed a Chapter 13 and not a 7 ? How does this change things?

    ADMIN – Hi Tracy,

    That question is best addressed to the class action administrator. Their contact information is listed above.

  13. Francisco Garcia Jr says:

    Please call me, so I can understand this letter .My son and I both had cards. My cell number1-815-955-3913

    ADMIN – Hi Francisco,

    We are not the class action administrator thus we are unable to call you and address your questions. You can reach out to the admin directly using the info we provide above.

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