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Bank of America Privacy Source Class Action Lawsuit

By Mike Holter

 

Bank of AmericaA federal class action lawsuit accuses Bank of America of illegally charging accountholders $12.99 a month for “Privacy Source credit monitoring,” even though customers don’t want it, didn’t ask for it, and were not told about it.

 

Plaintiff Robert Long in Dallas County, Texas alleges in the Bank of America class action lawsuit that in March 2011 he first noticed that monthly charges of $12.99 were were being electronically transferred from his checking account to Privacy Source, starting as far back as January 21. After noticing the Privacy Source charges, Long called Bank of America to inquire about their origin, including what Privacy Source is and how a monthly fee was being electronically transferred from his Bank of America checking account without his consent.

 

According to the Bank of America Privacy Source class action lawsuit, the bank told Long that Privacy Source was a credit monitoring company and that he would have to contact Privacy Source to inquire about a refund because Bank of America is unable to offer a full refund. BofA never informed him that it was affiliated with Privacy Source, even though the bank owns the company.

 

“Plaintiff has no recollection of any communications with Privacy Source prior to noticing the charges on his BofA checking account, nor had he even heard of Privacy Source prior to the charges appearing on his account. Plaintiff was never provided with or informed that he was being provided with any form of credit monitoring service by Privacy Source,” the Bank of America Privacy Source class action lawsuit states. Even after Long notified Bank of America that the funds transferred to Privacy Source were not authorized and demanded a full refund, Bank of America “refused to refund all of the charges,” the class action lawsuit says.

 

Long is not alone in his complaint. According to his class action lawsuit, a Google search for “privacy source scam” returns more than 24 million hits.

 

The Bank of America Privacy Source class action lawsuit is brought on behalf of all persons who had funds electronically transferred from their account for “Privacy Source” without their explicit knowing authorization or permission within the past four years.  It is seeking injunctive relief, actual damages, treble damages, statutory damages, and exemplary damages for Fraud, Unjust Enrichment, violation of the Theft Liability Act and Conversion. 

 

A copy of the Bank of America Privacy Source Scam Class Action Lawsuit can be read here.

 

The case is Robert Long v. Bank of America, Case No. DC-11-09659, District Court of Dallas County, Texas.

 

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Updated August 12th, 2011

 

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13 Comments

  • Anonymous November 1, 2011

    Bank of American removed over $800.00 from my bank account with an annual debit of $139.00 for the last few years and prior to that 129.00 tpaid o Privacy Source. I never authorized or requesteded Privacy Source nor had I heard of them. They claimed they hd my permision over voice recognistion but never could produce a recording.Even if they did have my voice it was recording fraudantly by asking me questions pertaining to other matters. They agreed to refund $500 of my money to resolve the issue but is trying to keep the other 300. I told them absolutely not. The matter has not been resolved.

  • PAMELA CARTER September 10, 2013

    I just looked up privacy source because we got a check in the mail for my grandmother-in-law for 79.99 dollars said it was a refund check for privacy source. it does not add up what should I do with the check is this class action law suit done or should I just wait?

  • Richard Cooper September 12, 2013

    I just got a check as well. I’m afraid to cash it in case they owe me more. I was unaware of this service.

  • R Dooley September 17, 2013

    I just got a check for $830.59 and only had my loan for 4 years. I am happy

  • william ray butler September 21, 2013

    our houseloan and two credit was also with bank of america and took out money that we did agree to

  • anonymous September 23, 2013

    i just received an $800 check from bank of america for when previously enrolled in boa privacy source service

  • appaloosa September 27, 2013

    I complained to BofA first of this year after I began paying my elderly father’s VISA bill. They said he signed up for the credit monitoring, which was ridiculous since he pays his entire bill every month and has fabulous credit. The bank wouldn’t talk to me, so I had to hassle being transferred and making multiple calls. PrivateSource told me they could only credit back 6 months’ worth of fees. I agreed to this not knowing this had been going on for YEARS. We recently got a refund check of over $900!

  • John Bon Jovi October 3, 2013

    Question? I got a refund check from privacy source from an account I allegedly had. The same alleged aaccount CACH llc , a junk debt buyer, tried to sue me over. If I cash this check what are the possibilities that Cach will and might in the future use this against me saying that since I cashed this check I’m in essence s stating this alleged account belonged to me ? Any lawyers in the house? Email me rshluv at aol dot com. Thanks

  • Joy Ricketts October 7, 2013

    I have in my possession a $494.01 check which was sent to a relative, a former client of Bank Of America as a settlement check as a refund. I have noticed that there was an amount listed in Bank Of America’s web site as $50 – $100 refund. I am a bit leery about this check because of the amount sent as to why it would be 4 times the amount shown on the web site. I would like a response on this check and would prefer to speak to someone with some authority because as far as we know we did not get the chance to even claim a refund. I do not want to deposit this check until I am sure it is legit. Please respond ASAP. Thank you very much.

  • Anna October 22, 2013

    I just got my refund check $260, I did not speak to any one about PrivaceSource service. I don’t buy any service due to scam. I’m so up set about BOA taking money from my checking account without me knowing this issue, that is theft! I will close my BOA checking ASAP

  • Rhonda Rogers December 2, 2013

    I have a refund due that I HAVE NOT RECEIVED!

  • Mike Phillips December 17, 2013

    I received a refund check on December 7th 2013 for $160.98. I have no idea if this amount is even legitimate. I closed my BofA account about 2 years ago due to their unsavory business practices following tax payer bailouts. I always recommend moving away from BofA. However now I do not even have access to my account to track this back to. It feels like a scam, probably offreing payoffs up front and a smaller percentage to reduce the number of claims in the class action lawsuit.

  • John P January 2, 2014

    I received a check for approx. $260 and cashed it in November. The deposit went through without a hitch. I was a BOA client but closed my account a few years ago. I’m assuming the money I received was for a legitimate settlement.

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