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| Bank of America and others Fees Class Action Lawsuit Settlement |
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| Monday, 19 January 2009 19:33 | |||
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We're sorry! This settlement is CLOSED! No more submissions are allowed. Please join the Top Class Actions Newsletter list so you don't miss out next time and head over to the OPEN SETTLEMENTS section to see what's available!
Award (how much your claim may be worth): $78
Case(s): Closson v. Bank of America Case No. CGC 04436877
Company(ies): Bank of America, Fleet Bank N.A., LaSalle Bank N.A., LaSalle Bank Midwest N.A., United States Trust Company N.A.
Website Link to access the Class Action Lawsuit Settlement and get YOUR Stake (PREFERRED METHOD): Settlement Administrator Website
Address of Class Counsel to submit a claim form (NOT REQUIRED):
Bank of America Settlement Administrator P.O. Box 9339 Minneapolis, MN 55440-9339.
Phone Number to call for assistance: 1-877-625-9405
Details: Super easy settlement to submit your claim for. If you had a debit card from Bank of America or one of the banks listed above, and paid an Insufficient Funds fee or charge, Overdraft fee or charge, Returned Item fee or charge, or other similar fee or charge within five days of using an ATM or your debit card to buy something within the "Purchased From" dates below this settlement is for YOU! If you were charged an Over Limit fee or charge because of a debit charge which occurred sometime during your statement period you're included in this class action lawsuit settlement as well. It's a cash settlement of $78 per claimant. We know it's less than many were hoping for, but it's free money, so why NOT make your claim? Just hit the Settlement Administrator website, click on "Submit a claim online" on the left, read the terms and conditions and click on continue. Next you have to enter in all of your contact information and include your bank account number which had the fee(s) assessed to it. The form states you can include the address of the account holder instead of the account number, but it's locked and won't accept enough characters to enter in most addresses (it wouldn't fit ours by way of a test.) Click Continue, read through the terms and conditions, enter in the text verification characters and click on SUBMIT! That's it! How easy was that? Any questions? Just give the settlement administrators a call for help.
Purchased From:
Bank of America cardholders: December, 6th, 2000 - December 31st, 2007 Fleet Bank cardholders: April 1, 2004 - December 31, 2007 LaSalle Bank / LaSalle Bank Midwest cardholders: October 1, 2007 - December 31, 2007 U.S. Trust Company Cardholders: July 1, 2007 - December 31, 2007
Claims Accepted Until (YOU MUST SUBMIT YOUR CLAIM BY THIS DATE!): Postmarked OR submitted electronically by 5/1/09
Class Action Lawsuit Settlement Amount(s): $35,000,000 minus $8,125,000 in attorney fees minus $10,000 in the lead plaintiff reward minus $2,500,000 in administrative costs (advertising the notice, settlement administrator expenses, etc.) = $24,365,000 to be distributed to class members. Anything left over will be going to four different non-profit organizations, to be named at a later date.
Settlement Administrator: Rust Consulting
TCA Staff Tidbit: This is the first bank fee settlement that many people have been waiting for. Unfortunately it's a small one. I know paid for then $78 in fees to B of A over the course of 15 + years as a customer, but some money is ALWAYS better then NO moolah. I think it's great they made it an EASY claim. I submitted my claim already, and hope if you qualify you do to! As we list above, it's fast, easy and shouldn't take longer than 2 minutes to submit your claim online. Interestingly, they include the caveat in the settlement agreement that the organizations getting any left over funds CANNOT be ones that encourage the pursuit of litigation against financial institutions. Seems like a "Duh" moment to me, but I guess it needs to be included to cover B of A's Heine. That would be a big bummer (understatement) to spend $35 million and have a charity that gets a portion of it come back and sue you a few years later. Wouldn't that be bad karma? Is there bad karma in the lawsuit biz? Hmmm. Things to ponder. Anyway, as we stated, check it out. Make your claim,get $78 back.
There are always people trying to scam you out of your hard earned money on the internet. DON'T BE FOOLED! Class Action Settlements are the only way to get money back for doing little more than submitting a form. It won't make you rich, but, you WILL get money as long as you're a legitimate claimant. It may take months or years but that's the great thing about class action lawsuit settlements. They're surprises you receive in the mail. By the time you get your check you probably already forgot about the claim and BLAM-O! There's a check in the mail from a class action lawsuit settlement you submitted a claim for eight months before. How about that? Stay with Top Class Actions, submit your claims, and you'll likely receive a consistent stream of checks every month or two over the next few years. What other website can tell you THAT? We won't charge you a dime to view the settlements or submit your claims. EVER! Count on us to tell you how to get YOUR piece of the pie.
LEGAL INFORMATION IS NOT LEGAL ADVICE This site provides information about the law and class action lawsuit settlements designed to help users safely cope with their own legal needs. Legal information is NOT the same as legal advice - the application of law to an individual's specific circumstances. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult a lawyer if you want professional assurance that our information, and your interpretation of it, is appropriate to your particular situation. You should consider all postings or writings at TopClassActions.com by staff or others as personal opinion only and NOT the advice of a lawyer. ©2009 Top Class Actions® LLC
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| Last Updated on Tuesday, 15 December 2009 14:10 |
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I would love to be a part of this claim, however i opened my acct. in 2008 and my overdraft fees occurred in march and april of 2009. Does anybody know if someone else is handling another class action for the recent timeperiod from January 2008- present? im sure there are just as many people who have accrued OD fees in this timeframe as there are in this present class action (200-2007). If anybody has any information about another new classaction for the same complaint as Closson vs. BOA. or are planning on opening a new case, please email me and let me kno as i would like to be a part of it.
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brief desc. of my experience.
4/3 - Available balance was $92
directly after the deposit of funds to my account i used my card in 4 instances within about 2 hours for $32 worth of total charges to my account.
4/3 - Available balance now $60
about an hour later i withdrew from the atm the remaining 60 dollars from my account
4/3 - Available balance now $0
about 2 hours after that i withdrew another $40 from the atm, knowing that i would be charged with the $35 OD fee.
so today i go online to view my balance and ive accumulated 175 in OD fees, 4 of which are complete BS due to their transaction highest to lowest policy (which they do not inform you about when u open an acct.) they posted the 60 i withdrew first, then the 40 (+$35 od fee), then the 4 other transactions i made (+$35 od fee for each one).
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this policy is complete bS, and clearly a well thought up plan to increase profits from every acct holder.
again like i said if anybody knows of a new class action for the timeperiod after that stated for this claim, please email me and let me know. if we get enough people who are current acct holders who want this policy removed and switched to first purchase - last purchase posting, maybe we can make a stand against boa by withdrawing everything out of our acct.s on the same day if they refuse to remove the policy or something like that. Or at least try to settle for more than a lousy $78 each. we all should be getting back exactly what the bank has screwed us out of in od fees. or at least $200 per claim.xD
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Good Luck 2 every1
I opened my account in Georgoa and I am charded overdraft fees when I know that there is money in the account.
How do thtey get away with it?
My online account transaction page always showed a positive balance yet I was charged for 4 overdraft fees of $35 ea. for a total of $140. Other people had told me the bank would waive the fees if I simply contacted them and had done so for them. I expected the same since, once again, my account always showed a positive balance. BoA customer service told me that there was another location on the account page I could click on to find my TRUE account balance! It was hidden from me in my opinion and in fact.
This is not only deceptive it is predatory and possibly discriminitory. I understand there is a lawsuit in process now (04mar09) and I would like to join if I can find it.
I have written my representative and both Senators regarding changing the law that allows exhorbitant fees out of line with the banks' actual losses ($32.98 in my case for less than 12 hours before coverage by a deposit). My online account still shows a positive balance for the time period and I don't want to hear about a "secret" location on the website.
I think I have been personally responsible but was duped by Bank of America practices into believing what I saw on the screen when I accessed my account when it apparently is not a true representation of my account. The substantial deposit was shown to occur on the same day as the "overdrafts" were posted.
I'm mad as hell.
I submitted my pay check to Bank of America, assuming I had money available since I've been employed with the same employer for a while and they usually hold it for one day, they decided to hold it of several days. HOLD my check without my knowledge! I tallied HUNDREDS of dollars in overdrafts in a matter of a week. There were $1 dollar purchases that received $35 overdraft charges. This is just the beginning of the nightmarish experience I've had with this corporation called Bank of America. It gets much worse, we're are talking about several thousand dollars worth in a matter of a few months. This e-mail address is being protected from spambots. You need JavaScript enabled to view it
I had a MBNA credit card with a 4.99% APR for life. B of A bought MBNA, didn't post one of my payments on time and raised my interest rate to 28.99% and lowered my credit line saying I am now a "credit risk." They also charged me late payment fees as well.
BofA is a greedy and unethical corporation. I would love to be part of a Class Action Suit to not only recoup money I have lost in paying their interest rates and fees but also to warn potentional consumers.
I KNOW HOW TO PREVENT THESE FEES!!!!!
DONT WRITE CHECKS OR DO DEBITS OF YOU DO NOT ALREADY HAVE THE MONEY IN YOUR ACCOUNT!!!!!!! DUH!!!!!!!
I DONT BELIEVE FOR A MINUTE IT TOOK 22 DAYS TO POST A DEPOSITED CHECK. PERHAPS THEY HAD TO SEND IT BACK A COUPLE OF TIMES FOR NSF. IF YOU DEPOSIT A CHECK, IT SHOUDL POST THE SAME DAY OR THE NEXT BUSINESS DAY. THATS WHEY THE GIVE YOU A DEPOSIT RECIPT. DID YOU GET A DEPOSIT RECIPT? IT SOUNDS LIKE THE LOT OF YOU ARE FLOATING CHECKS, WHICS IS A CRAP SHOOT TIMEWISE. AND IF YOU LOSE, YOU WILL GET HIT WITH FEES. FLOATING CHECKS IS ILLEGAL AS WELL.
as far as posting the biggest check first, and then chargin a fee for all the smaller checks...again...you wrote checks for more than was in your account...so you get what you deserve.
BOTTOM LINE, KNOW YOUR BALANCE, DON'T SPEND MORE THAN YOU DEPOSIT.
I too am getting hammered with overdraft fees from Bank of America when there was enough money in there. They FIND WAYS.........They should be ashamed of themselves.
They have a class action law suit going on about this and yet they are STILL doing the SAME thing. The down side to the law suit, for some of us, is that the dates (Dec. 2000-Dec 2007) fall BEFORE I got my account (in 2008). So obviously B of A have learned NOTHING and will continue to cheat people like they have always done even when they are called on it legally. The government should step in and do something because this is ROBBERY.
Its good that there is a settlement, but like someone said they are still doing this!!!! Just around christmas I was moving and got hit with 210.00 in fees which is crazy. My landlord cashed my check before he was suppose to, however im not blamming hm, totally my fault. However instaed of bouncing my check and chargng me a 45 dollar fee. They put the check thru first and the other 5 items that were on the account and already taken out of my balance were charged overdraft fee. I knew something fishy was with this when i called the Customer Service hotline, they told me they do so if customr shave mortgages they can get paid. i dont have a freakin mortgage!! I finally spoke with someone this week and they refunded half my fees, which like just payng for the 5 items.
For the past month I have been using my Credit Union Savings account, to pay cash for everything and money orders which are FREE at the credit union, unlike at BOA for $10. RIP OFF!! I am closing my account have been with them for about 6 years, and feed their pocket enough. Going to a smaller creditunion is fine by me, staff is much nicer. And i have no Fees !!!
Could someone plese inform me how they could have a lawsuit for the shady overdraft- but still be doing it, shouldnt this mean they would have to stop this.??????
When you use a debit card it has to very useful features. A debit feature in which you use your pin number with and the account is then debited right away. And a credit feature in which a authorization hold is placed on the account, telling the banking institution that you paid for something with your card, and a sales draft will follow.
Lets use our imaginations
You have 100.00
You are a avid debit user ( never use credit) and you use a transaction register.
You spend 20.00 at Walmart with debit - your new balance is 80.00
You spend 50.00 at the salon with debit - your new balance is 30.00
When you use debit, you can call in to the automated system, sign into you online banking, and see these as pending transactions and deducted from you balance.
Now, still using our imaginations
You have 100.00
You sometimes use debit and sometimes use credit, and sometime use a transaction register
You spend 20.00 at Walmart ( Debit ) - New Balance 80.00
You spend 50.00 at the salon ( Debit ) - New Balance 30.00
You pay your water bill over the phone 30.00 ( credit ) - New balance 0.00
When you pay something over the phone, on the internet, or not using you PIN number, that is a credit transaction. Everytime you swipe your card, your bank received information about that transaction. When you swipe the card as a credit it places a hold on the account for the purchase. Therefore, pulling from your balance. Just like when you use your card as a debit. However, a credit transaction takes 1 - 3 business days to clear, and still can hold the account for the purchase every day, until the bank receives a sales draft. Therefore, you will not see the transaction pending until the day the bank recieves the sales draft.
You should pull credit transactions from the balance as soon as you swipe that card, give out the number, etc. Just like you should when you write a check. It hasn't come in yet, but it will.
Now let's say, you go home and check your balance. You see all of your debit transactions pending, but not the water bill payment......
You go out later that night, and Uh oh ... your car is out of gas. You use your card at the gas station for 25.00 as a debit to get gas. You just overdrawn your account by 25.00 because of the hold that is on the account for the water bill.
I assure you that if you use your cards as debit as much as humanly possible, you cannot overdraw your account.
My account has been drafted numerous overdraft fees since I have opened the account. There have been occasions when I have checked my online banking and the balance shows a running posotive balance but I was charged overdraft fees. When I call the representives are unable to determine what actually caused the fees on the account but are unwilling to reverse them. I have yet to get a satisfactory explanation to this problem.
Has anyone thought that maybe you shouldn't spend what you don't have. You should actually be grateful that you were able to make the purchases you did without having the money to cover them. That was nice of them to "extend" you that credit, of course with a fee...its called interest in real life. Just as if you would have gone down to a payday loan place for cash! You have paid a % fee.
With the implementation of Check21 by the government in 2001, "float" no longer exists. That's all thanks to 9-11 when all the flights were grounded and checks needing to be proceeded where grounded. If you go to the grocery store on Saturday morning to buy $40.00 worth of groceries and then go to the bank on Monday morning to make a deposit to cover those groceries, your going to be assessed a fee. Its called "on-line real time". If when you made the purchase you didn't have the money, you owe a fee. Do you think it doesn't cost the banks to process NSF or Overdraft items?? Of course it does. Don't spend what you don't have.
I too have complained to the Bank of America about the way in wish overdraft fees are assessed. By the highest to the smallest amount which is processed against your account would in most instances insure that your balance would be in the negative when left to pay the smaller amounts if you are unable to replenish your account on time. I have complained to the Bank of America about this policy and was told that this policy insure that a customer's mortgage payment will be paid.
For example if you have the following payments scheduled for payment and your balance is $ 100.00,instead of paying items 2, 3, 4 and 5, the bank will pay item 1 and charge you late fees for items 2, 3, 4, and 5.
Also, the bank use to allow the customer to make a deposit the same day to cover those items in the pending status. As of January 1, 2009, the bank will charge you an overdraft fee if your account is negative from items in the pending status.
1. $ 87.00
2. 34.00
3. 25.00
4. 24.00
5. 10.00
BoA actually bilked me in overdraft and overlimit fees totalling $300+ on an account in a span of 3 months during a bad period using tricks including posting largest items first. To say the least the account in now in collection in anger and I dont plan to pay for such unearned services.
The most egregious was two set of fees ($70) for a $5 debit card purchase at a store followed by a $15 credit card gas purchase on an account with about $13 at the start (I wouldnt be stuck without gas so I planned to swallow one fee). Well the credit card purchase was deducted first sending the account into deficit and then the $5 debit card purchase for which I used a pin number. I asked them how this was possible since using a debit and a pin number guarantees you are spending what you have. I was informed that there is a loophole that actually allows you to debit charge with the funds there but they post it the next day. I've also had bounes due to keep the change, a misnamed program that simply move a cumulative value rounded up to a dollar on everything debit from checking to savings.
Guess who is being bilked by these tricks? The less well off. Isnt that how our economy has functioned for a while?
Any lawyers out there? I have proof. (Even if you'll make more out of it, I simply want redress and admittance of wrongdoing). Post here sending me to your website and I will complete a form there or something.
I opened my bank of america account in 2006 and I have had several over draft fees applied to my account over three years. I recently used my card to purchase items on the internet for Christmas, which I never recieved. I notified bank of america they said they would file and make a claims report, they neglected to tell me they were going to charge me a fee to do so. Now I'm out the twenty dollars for the item I never recieved and the thirteen dollars bank of america charged me to make a claims report. I'd love to see if you can help me
My original account was opened in Inglewood California where I was charged for saerveral fee that i did not incur. My Kansas City Missouri account my card was stolen and charged several hundreds of dollars that was taken out of my account.
Please help me I've been waiting for several years. This happen in 2001.
thank you,
Karen






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Wednesday, 15 July 2009
an info site on another litigation with BoA. It shows some sleazy tactics by BoA. and proof as well.
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