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

34 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.

    • Karin M Byrne says:

      I have Wells Fargo checking and savings accounts and there’s a limit transferring between them also, because of FCC.

      ADMIN – Hi Karin,

      I had no idea! Thanks for telling us. How does that apply to this settlement?

  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.

  14. Marjorie Ho-Sang says:

    Would be still be consider if you just received the documents,

    ADMIN – Hi Marjorie,

    No, if the deadline has passed you may not file.

  15. Margaret carr says:

    I have not filed an W9 tax form, because of my low income. could you tell me if you need any kind of documents. I need to know so I can find them.

    ADMIN – Hi Margaret,

    We are not tax advisors, this question is more appropriate for a CPA. If you received a significant amount of money you may have taxes due to the government.

  16. JeffG says:

    Does anyone know the outcome of this case? I filed a claim, if won, how much would I receive if I had a card with a $7,500 credit limit.

    ADMIN – Hi Jeff,

    The final approval hearing was on March 2nd. The administrator has not posted updates yet.

  17. Ashley says:

    Hi dose anyone know the out come or any where I can see update on the case. I filed a cliam just wonder what happens next and where or who to contact

    ADMIN – Hi Ashley,

    After the deadline has passed the case is subject to a fairness hearing and potential appeals. Once those clear the class action administrator will distribute checks to the validated claims.

    • ashley says:

      Ok how long dose that process usually take? I did file chapter 7 and had bank of America account and I don’t think it got removed from my credit history. How do you know if you are going to be part of the validate claims. and if you will be receiving a check?

      ADMIN – Hi Ashley,

      From months to years, it all depends on the number of appeals.

  18. Cathy says:

    Hello, I am a member of this class action and filed my claim timely. I was on the settlement web-side and noticed a pdf for a W9. Do I need to complete this and send it somewhere or will I be notified when I need to complete it?

    Thank you

    ADMIN – Hi Cathy,

    I believe it is the later but reach out to the class action administrator directly to confirm.

  19. Barbara D'Ambrosio says:

    I want to make sure you received my valid claim?

    ADMIN – Hi Barbara,

    I am not the class action administrator. You need to contact them directly to confirm that they have received your claim.

  20. Tomas G says:

    Can you give us an update? Do you know when they are going to cut us checks?
    I thought it was going to be last month.

    Thank You

    ADMIN – Hi Tomas,

    The class action administrator has not provided with any updates but here is their number to contact.

  21. Ray says:

    Any idea what the payout amount might be? I recall reading something initially of $1900 per individual.

    ADMIN – Hi Ray,

    No idea.

  22. Mack says:

    Dear Sirs: On 5/3/18 you told Tomas G. no updates as of yet is that still the same today? Also you said you did have a number to contact, the number listed above 1-844-319-9617 is a recorded message that did not help. Is there a different contact number? Thank You.

    ADMIN – Hi Mack,

    Try reaching out to the company that manages the administration for this settlement.

    Here is the link

    https://www.epiqglobal.com/en-us/home

  23. Reggie Ellis says:

    I have an active account with BofA. I was charged the $35.00 extra fee quite a few times. between 2014 and 2017. how will I know if I qualify for a refund of those charges.

    ADMIN – Hi Reggie,

    This settlement is not about extra fees .

  24. Margaret Carr says:

    I filed a bankruptcy for B OF A credit cards, Will the settlement come to an end soon. will we be notified by mail or email. I am anxious to hear what is happening. I am 84 and I could use the money

    ADMIN – Hi Margaret,

    Sometimes settlements take years to be finalized.

  25. Craig says:

    Website just says, ” Payments will be distributed after calculations have been approved. Please be patient.”

    Where are we in this process please? When we will know if we are to receive a payment? How will we be notified that payments are being sent to us? None of the contact info you have provided works at all.

    Do you have the name of the court system so we can contact the courts and let them know that the attorneys and claim administrators are not notifying the “class” of the status of these proceedings?

    ADMIN – Hi Craig,

    Here is the link to the website of the company that is handling the claim. Try using one of their direct numbers and see if they will give you some info

    https://www.epiqglobal.com/en-us/home

    Please keep in mind that the judge clearly indicates for class members not to contact the court. The class action administrator is supervised by the court and they don’t have a strict obligation to provide timelines for payment if none are available at the time.

    • Craig says:

      Thank you for pointing out about not contacting the court, I had forgot that. I did read it somewhere. I am just curious as to where we are.

      ADMIN – Hi Craig,

      When there is significant progress the admin does post an update either in the form of a notification on the main page or as an extra document on the document tab.

  26. Ray says:

    Any recent updates on payments?

    ADMIN – Hi Ray,

    None at the moment.

  27. Robert Bernstein says:

    I was wondering if July 13th is still the date when payments will be calculated.

    ADMIN – Hi Robert,

    I have not heard any updates regarding this settlement.

  28. Craig says:

    Payments will most likely be .10 cents to 10.00 max. Just an fyi to those hoping to get a windfall. I will say one of these “settlements” were sent to me one time, I did the obligatory fill it out and wait. Wound up getting 3300.00 dollars. NICE. We were able to pay off some hospital bills. Its hospital bills that have sunk us. No reason we shouldnt have free heathcare and free college education in this country.

  29. Misty Guye says:

    Has anyone received a payment? I haven’t, but I heard the payments should be sent out by the 13TH.

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