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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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16 thoughts onBank of America Privacy Source Class Action Lawsuit

  1. tony says:

    I must be missing the part on how if still possible to initiate a refund please help . I’ve had the service for years and still have it . any help would be awesome! thank you.

  2. Marie Kilby says:

    I received a refund notice and have tried repeatedly to contact BOA to re issue the refund they say they owe me but after reading posts here I wonder if they owe me more because I had a home equality loan with them for several yrs back aprox. 10 yrs ago. I never received any notice to join a class action suit against them …how can I find out if more is owed to me .

    1. misty says:

      I received a check for 79.99 yesterday..when i called the number on the letter attached it said cash it so i waited and talked to someone and they said it is legit

  3. John P says:

    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.

  4. Mike Phillips says:

    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.

  5. Rhonda Rogers says:

    I have a refund due that I HAVE NOT RECEIVED!

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