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