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Bank of America Settles Overdraft Fee Lawsuit

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If you qualify for the Bank of America overdraft lawsuit settlement, you may have already received a postcard in the mail from the bank. Here is information on the overdraft lawsuit, only one of many class action lawsuits against Bank of America. If you recently received a check from Bank of America for about $98, you have received a benefit from an earlier class action lawsuit pertaining to the bank’s debit cards. This article pertains to a later lawsuit regarding overdraft fees.

November 21, 2012 update: Former Bank of America customers are reporting receiving postcard checks. All checks will be sent by November 30, 2012, so some former customers may receive theirs in December. Current customers are receiving their refunds as account credits, as described below.

November 2, 2012 update: The appeals filed after the judgment of settlement was announced have now been resolved. Bank of America customers who were part of the settlement class — those who initially received a postcard informing these customers of their involvement — should receive an account credit or a check to their last known address by November 30, 2012. The amount each customer might receive depends on how many overdraft fees were charted during the period outlined in the class-action lawsuit, but as expected each customer will receive only a fraction of what Bank of America charged in these fees.

Some customers have already reported receiving credits in their Bank of America accounts.

Here’s how the amount is calculated, somewhat simplified. Bank of America re-ordered the debits that caused overdraft fees during a certain time period beginning in 2001 and determined each customer’s amount of over-charged overdraft fees. That amount was reduced by any uncollected amount (if an account was closed with a negative balance). If one customer had $100 in adjusted overcharged fees and Bank of America was determined to have $10,000,000 in overcharged fees total, that customer’s share is 0.001%.

If the total settlement available for class members (total settlement minus lawyers’ fees, expenses, etc.) was $1,000,000, the customer would receive 0.001% of that, or $10.

September 2012 update: It’s been nine months since an appeal to the judge’s decision has been filed, and there is still no resolution. The $410 million awarded to the settlement class is still in dispute.

December 2011 update: While the judge has approved Bank of America’s settlement related to the overdraft class action lawsuit and has ordered Bank of America to pay $410 million, a member of the settlement class who objected to the settlement has filed a notice to appeal the ruling. With an appeal filed, it could take at least a year for the issue to be resolved. If the appeal is denied, customers may still be disappointed. With 13.2 million affected customers in the class and fees to be paid from the settlement fund to the lawyers and class representatives, the benefits each customer will receive are sure to be less than the value of a refund of even one overdraft fee.

Any compensation to affected customers is on hold until the judge enters the settlement and any appeals are filed.

Like many banking institutions, Bank of America processes debit transactions not at the time they occur, but in a batch, from largest to smallest. If they don’t still take this approach currently, they did in 2009 when a class-action lawsuit combined several other legal actions. 24 other banks in the United States and Canada were named in the class-action lawsuit, including Citigroup, Chase, and Wells Fargo.

The banks say that by ordering debits from largest to smallest benefits customers. For example, mortgage or rent payments are generally the largest debits, so they should receive priority and should be the first to be paid. This is not how it works in practice, however. The system is designed to make more money in fees, particularly from the paycheck-to-paycheck class of customers.

For example, five debits may be scheduled to post on a Monday:

  • $800 mortgage payment (check)
  • $200 purchase at the grocery store (debit card)
  • $100 withdrawal at a different bank’s ATM
  • $25 purchase at the book store
  • $4 coffee

That’s the order the funds will be taken from this person’s account. If there is $900 in the bank account, the mortgage payment will be processed, but the four other transactions will generate overdraft fees, one for each, likely totaling more than $100. If the debits were processed from smallest to largest, only the mortgage payment would cause a problem, and the check will bounce. This could cost the account owner less money, but a bounced mortgage payment could be troublesome.

In the more likely event that there is only $500 in this checking account, ordering debits from largest to smallest ensures nothing will go through without generating a fee. However, ordering the debits from smallest to largest, only the mortgage payment would bounce, and there would be no overdraft.

Bank of America will be paying $410 million to settle the class-action lawsuit, which also notes that the banks did not tell customers they could waive overdraft protection, allowing certain transactions to fail rather than paying a fee. Not every bank handles activity posting the same way.

The deadline to opt out of or object to the settlement was October 3. The official website for the settlement is bofaoverdraftsettlement.com.

Photo: Wonderlane
Reuters

Updated November 21, 2012 and originally published July 12, 2011. If you enjoyed this article, subscribe to the RSS feed or receive daily emails. Follow @ConsumerismComm on Twitter and visit our Facebook page for more updates.

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About the author

Luke Landes, also known as Flexo, is the founder of Consumerism Commentary. He has been blogging and writing for the internet since 1995 and has been building online communities since 1991. Find out more about him and follow Luke Landes on Twitter. View all articles by .

{ 1408 comments… read them below or add one }

avatar laura

Ok,, My question. I didnt receive the lawsuit info..But everyone else in my family did. I am the sole person on my account. How do I sign up?

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avatar mark bradley

I received a card in the mail but have mis-placed it how do I get another?

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avatar desi

I just wanted to know how will this work. ok they are settling 4.10 million but how will we know exactly how much we will get. I know i got charged a lot of over drafts fees it was ridiculous.

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avatar Matt

It’s actually $410 Million. Four Hundred and ten million dollars.

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avatar desi

ok so when will we know how much we will be receiving

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avatar Matt

About 2 years ago I went to the bank and asked why am I being charged overdraft fees. Why can’t my card just decline me at the store or coffee shop? She said that the bank did not want me to feel embarrassed. So instead of declining me at some random store, my bank would rather steal from me, then have me come into my local neighborhood branch a poorer man… a defeated second tiered “customer”. Well let me just say that it is much more embarrassing to have your bank treat you differently because you have less money. Think of all the people in all of the shops that were being “$pared embarra$$ment”. Shame on the entire industry on not just this but also for the lost decade.

Shameful, Scandalous, Sick to my stomach.
Sincerely,
Your Paycheck to Paycheck unvalued second-tier customer/victim

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avatar Nicolette

I know. I would’ve rather gotten declined than get charged overdraft fees!

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avatar Terrie Wallace..

I too have been wondering the same thing. I’m no longer a customer of the bank but I too had an account with them for a long, long time and was a victim.

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avatar John

No dena I’m no employee, I’m not a fan of banks at all but it’s not their fault you can’t manage ur own money.. Bottom line is no money don’t buy.. No money don’t buy!!!! Get it?? Good

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avatar Kia

I agree 100%, I mean I’ve overdrafted my account before but I don’t how it’s the bank’s fault that I didn’t pay attention. And I definitely don’t see how allowing your mortgage payment bouce makes more sense. Who cares which transactions go through first. Also, I hope everyone realizes that bank of america has to pay for this somehow, so expect some fees in the future.

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avatar Zachary F

If you had actually read anything about this first before posting you would realize that it does matter what order these transactions are taking place. The transactions should be ordered by the date and time of the transaction. To change this order so you can charge more than one overdraft fee is ludicrous.

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avatar Kia

I did read the information and they weren’t rearranging transactions to charge more fees, it was so that important bills get paid.

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avatar Tracey

You missed the point. Yes it is the person’s responsibility to pay their bills and not bounce checks but the bank took that role away from the consumer and mulitplied fees to benefit themselves. I asked could they bounce the payment they said yes and then still did it.

avatar Lynda

Actually YES they were, have you read anything at all?

avatar Kia

Ok so even if everyone else here here is right and boa should have been punished due to the fees implemented because WE overdrafted OUR accounts, please tell me why it makes more sense to accept the few dollars we may get and yes it won’t be much, instead of just closing the account. If people want a card that rejects when the $ isn’t there, get a prepaid debit card. The only thing this lawsuit has done is made the lawyers rich and maybe the people who started it. These class action lawsuits are the same, the more people who are involved, the less each person gets. Its the same as cases we see on tv, no one actually gets rich but the lawyers. Not to mention boa still reaarranges transactions, I now just check my balance before I swipe my card .

avatar scott french

No one manages their own acct at a bank. If you knew the truth of so many ways they can trick you and knit pic your acct with little fees… until they capture the bigger ones, like overdraft fees, neg balance fees, maintenance fees, allowing your bigger checks to cash before your smaller ones… no one escapes that one. So now do you get it?

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avatar Raul

United we stand cause people have the power if they stay together.

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avatar Gail Bradshawg

This is a stupid comment. I was the manager of the account and BOA continued began with the reverse scam on my account back in 2005. They had the nerve to absorb child support money by holding back the checks and did the reversal. When I received my child support deposit they sucked it all up. I was left with no groceries for weeks. This is only one of the many sneaky acts. Once they held on to a direct deposit in 2008 to accumulate the charges of overdrafts on incoming charges. They get what they deserve.

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avatar T. Bec

Mark, you can go to the website http://www.bofaoverdraftsettlement.com to get any information… and John, I suppose you in your superiority have never ever made a slight miscalculation such as forgetting to put a transaction in your check register nor (and I am assuming this) have you ever had a spouse in the military who while on tour of duty uses his debit card (to our joint account) and forget to tell you so you can put it in and make sure the account balances?! So John I apologize if I (and many many others like me) are not as high and mighty as you are… and our small mistakes still DO NOT give the bank the right to hold transaction as long as they wish nor does it give them the right to rearrange transactions so that they can benefit from our mistakes!

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avatar STACEE

I can only imagine how little the settlement will be compared to the hundreds and hundreds of dollars they stole from me!

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avatar Terrie Wallace..

Let’s see- 20.00, 30.00, 40.00 maybe?? Hmmmm…. it does make one wonder considering how adept they are at taking from public instead of living up to their ads about how good they are to us all

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avatar pamela

Does anyone know when we might be credited back these funds? Thanks.

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avatar Ro

Pamela,
The judge will decide the outcome, for or against, on 11/07/2011.

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avatar Brandy

If we received the post card in the mail, are we automatically apart of the law suit, or is there more we have to do?

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avatar Dena

You’re automatically involved. If you don’t want to partake, you need to opt out by Oct. 3rd.

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avatar Wendy H.comuskins

Since I have moved recently, do I need to inform someone of my new mailing address in order to receive my portion of the settlement? If so who do I notify?

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avatar Tara

I have the same problem. I moved as well and want to make sure they have my correct address. But the postcard came to my current address so I think it may be ok. Did you get your postcard at your old address or your current address?

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avatar gregory cunningham

Say I received post card.but when we get or cash back

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avatar Zachary F

Do you want to hang it on your wall or something? You don’t need the postcard. Go to this website and it states exactly what was on your postcard.

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avatar Jerome W

I just thought the overfees for some customers with a direct deposit is ridiculous especially with another late fee ($35.00) five days later after the first ($35.00) for failing to make a deposit in your account when you only get paid once a month. B of A double wammy your account. Too many validations internally…Like the first of year..the account show a balance available. I still got charge overdraft fees 4 or 5 times because the 3rd of the month was on a holiday Monday ( 01/03/2011) and banks didn’t generate until Tuesday. It wrong when your account on the internet shows a balance the interior party at the banks know you and just stick to your banking accounts. I’ve been charge over $235 dollars in late fees before.

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avatar MedWise

Jerome W,
I absolutely am with you on the direct deposit issues. I also have been charged $35 over & over again when I have automatic bill pay set up. I cant help how fast the tellers input my info or when my direct deposit is electronically noted. It’s a ridiculous fee that’s in place for the small fries to get FRIED! I cant wait until BOA gives me back my money from the lawsuit. Their fees & charges are just another avenue which a corporation scams & leaches onto others for personal profit.

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avatar Linda Collins

I received a post card in the mail and have misplaced it, how do I go about getting another one?

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avatar JT

Call the bank and tell them you lost it, they should send you another.

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avatar Henrietta John

I have had this happen many times, my question is when it was happening to my account extremely i had a different account number but due to circum…. had that account closed and a new account opened up so will they check for the old account when it comes to this matter or who do i contact to make sure it is noticed?

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avatar Andrea

How do I join this lawsuit? I am going through hell with BofA and my name black balled through Chexsystem. They started charging overdraft fees despite me having a positive balance. The original person I spoke with tried to correct it and took off the first 4 that posted to my account. But, day after day 4 (the max they can charge daily,) kept posting to my account. She said they could not fix it at their branch and said she would get back to me. Anyway, down the road I get a letter saying it was sent to collections. I dispute it, but no proof is shown that I owe this. I am directed to the branch, they say give them 2 weeks, and then 2 weeks later I get a call (today,) saying it was declined (trying to get it corrected and the $400+ fees owed taken off!) I ask why, and he tells me because it was sent to a 3rd party collection agency sometime within the 2 weeks they were investigating it to validate the debt (I personally think they knew they had not proof and now refuse to admit to it!) They cannot show me proof that they were valid and should have generated in the first place. I on the other hand have a print out showing my ending balance of the day was positive which they are saying is the day that caused the overdraft fees. How in the world can I get overdraft fees when I have a positive balance? It was in fact the 4th ($35,) overdraft fee that actually caused my account to go into the negative!

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avatar J Range

It is not just the order of the transactions from highest to lowest. It is also that they would hold certain transactions in processing until larger ones cleared. It is very manipulative. They did their homework on how to rack up charges.

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avatar Julie Fain

I just wanted to let you’ll know that you’ll spell my name wrong it is not Jilly Fain.My name is spell Julie Fain. Thanks

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avatar LINDA PROCTOR

THEY HAVE CHARGED ME SEVERAL OVERDRAFTS ON TOP OF OVERDRAFTS, THEY WOULD CHARGE ME ON THE WEEKENS EVEN THOUGH THEY WERE CLOSED . WHEN I FIRST STARTED WITH THEM THEY SAID YOU COULD OVERDRAW YOUR ACCOUNT AND THEY WOULD’NT CHARGE ME AS LONG AS I GOT THE MONEY IN BY 8 PM .WELL THEY OVER DRAFTED ME. ONE TIME THEY OVERDRAFTED FIVE TIMES THAT WENT ON FOR THREE WEEKS.EVERY TIME I CALLED THEM TO FIND OUT WHY I WAS OVERDRATED,THEY GAVE ME A DIFFERENT ANSWER EVERY TIME. THE ONLY REASON IM STAYING WITH THEM IS TO GET MY MONEY BACK. I NEW SOMEDAY SOMEONE WOULD CATCH UP WITH THEM.

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avatar Corazon

Nothing that BOA does surprizes me anymore than sucking ones hard earned money into their pockets. BOA picked up our mortgage after the previous lender went under and h ave done a successful job at screwing us over with late charges and double dipping our mortgage payment for ogetting cne month! My husband called them to let them we would be late on our house payment after I was laid off from my job and wasn’t able to collect unemployment which is another story in itself! Depending on who he talked to he got two differant quotes as to how much we owed in late fees. So they took out from our checking account twice in one month and charged us late fees on top of that before the house payment was going to be late? How does that work? I don’t want to hear from the people who make statements on this sight that if we watched our spending we wouldn’t be getting charged late fees. Until you walked in someone elses shoes you have no idea what is the truth! As far as the lawsuit goes I hope they get another lawsuit filded against them for their mortgage practices! I’m looking into that one! They are suppose to work with us not against us!!!

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avatar Gail Bradshawg

I know exactly what you mean about this sneaky bank. And I can’t believe they received a bailout. I am sick of people saying to watch what you spend. I am hear to tell you that i watch tranactions like a hawk on online banking only to witness them stealing me to the point where i didn’t have money for food or groceries because they knew when deposits came it and they were really to hold on to them. Especially the bank in Florida. People don’t know until they have been abused by this bank. I was taken back when it was happing to me. I complained many times only to have them laugh at me on the phone and say”it is legal for us to reverse charges”

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avatar Corazon

excuse my typing in previous writings…i need to preproof my typing before submitting my bad.

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avatar cyd hannan

We received our card some months ago, and I believe that I responded fairly quickly, though I can’t recall. How do my husband & I check to see if our response was received, and if it wasn’t, how do we resubmit our information?

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avatar Dena

Not sure why I’m sharing this with y’all…but either I’m paranoid or BofA is really starting to play some very heavy games. I’m still shaking w/anger and complete disbelief….this is my online chat w/customer service just moments ago. It probably won’t make any sense to you but I wanted someone out there to see it and have it. They’re back to pulling their old stunts again. Whomever was looking over their shoulder is not there now and they’re out for it. They are not allowed to charge fees on items that are in “p” (processing)….I’m getting my money out of there and suing their asses off!

Chat InformationWelcome to an online chat session at Bank of America. Please hold while we connect you to the next available Bank of America Online Banking Specialist. Your chat may be monitored and recorded for quality purposes. Your current wait time is approximately 0 minutes. Thank you for your patience.
Chat InformationThank you for choosing Bank of America. You are now being connected to a Bank of America Online Banking Specialist.
Janina: Hello. Thank you for being a valued Bank of America customer. My name is Janina. How may I assist you with your personal checking and savings accounts today?
Janina: We have not heard from you. Do you wish to continue the chat?
You: Janice, for some reason when i go to print out my acct activity it is no longer printing out entirely on my paper. The font size has been made so big that it does not fit. now, it just so happens that when i logged out of my acct. (or shall i say you guys enededand tried to figure it all out…and i was logged
Janina: Thank you for your patience, I will be right with you.
Janina: I’m unclear on the details of the situation. May I ask you to describe the situation so that I may better assist you.
You: ended my session) i started looking into things on my end. I then went back to BofA and miraculously without having to put in any of my “secret code” or favorite ice cream flavor…was able to get into my acct. very scary. the other very interesting thing is that when i started to print out my info again….the BIG FONT PICTURE CAME UP AND THEN (LIKE MAGIC) WENT BACK TO THE REGULAR BOFA FONT SIZE WE ALL KNOW AND LOVE. I DON’T KNOW WHAT’S GOING ON EXCEPT I WILL TELL YOU I AM GETTING FED UP WITH BOFA….
You: I MAY BE ONE PERSON BUT I SWEAR I GOT A BIG ROAR.
Janina: I sincerely apologize for the inconvenience.
Janina: I will try my best to get you assisted on this.
Janina: To begin with, may I have your complete name and the last four digits of the account number as it appears on the Bank Statement?
You: I WILL BE AT THAT SETTLEMENT HEARING AND BRING MY ATTY AND ACCT AND THE PRESS…..I GOT YOU GUYS. I HAVE PRINTOUTS DATING WAY BACK THAT CLEARLY SHOW ALL THE INCONSISTENCIES AND GAMES…
Janina: My sincerest apologies for the inconvinience.
You: YOU CAN LET YOUR SUPERIORS KNOW THAT I AM OUT FOR BLOOD….STARTING TODAY….
You: WITH ALL MY LOVE, DENA ROSENBERG
Last text message receivedJanina: I can definitely have this chat connected to our manager.

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avatar Cynt

I am suggesting that everyone IGNORE any post made by john. You can see and read that he is a complete insensitive jerk! Jumping on the suing wagon…how ludicrous…only a handful of people contacted a lawyer…others were drawn in as with any other class action lawsuit you were contacted. The only people who will benefit will be the lawyers…others are just glad BoA was found out. No matter how large is small the settlements there will be a sense of vindication…Get a life john! Maybe we should look into how to get someone’s comments censored…johns comments are demeaning and degrading…It’s really uncalled for to say some of the things he does…he’s just a lonely d man that has nothing better to do than cause havoc and make people as miserable as he obviously is.

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avatar John

This is pathetic! Look at all of you trying to jump on the “suing Wagon” for all of your mistakes. This disgusts me. Overdrawing your own accounts which is your faults, blaming the bank for improper order organizing. Which who cares what order it came out you still didn’t have money to cover it. Banks are for profits!!!! Just remember who gave you your mortgage loan.. And don’t try to blame them for not paying it on time either.. For all of you blaming the economy, and living paycheck to paycheck and bla bla, we all been there, we chose the life we live, decisions we make.. Close your bank account, go to another bank and watch the same thing happen again.. Maybe finally you will realize that’s it’s not the bank but you!!!

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avatar Jerome W

Sometimes people that knows you, account stalks you inside the employment terms within the banking structured systems unfairly. How can I have positive balance and get charge overdraft fees?? Tell me what going on…like on bank system apps said you got 1k or more in balance. some people with direct deposit from a federal banking deposit don’t suppose to charge overdraft fees period….it a line of credit dawn near..!!

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avatar Corey

YES! YES! YES! JOHN WE ADMIT WE MESSED UP!

(on bended knee, everyone bow with me)

Please forgive us, O ye perfect, mistake free, self -help propaganda slinging, wise tough love spouting, wealthy one. We promise to take our settlements and toss them into the ocean to protest any wares gained on our lack of personal responsiblity!

(my hand on my chest)
Oh, if I could just lay in your bossom and learn thy ways, I would be a better, more fiscally responsible man. I would follow you from internet forum to internet forum to spew our personal feelings to people who could care less about what we think or feel, and we can mock them for discussing illegal banking policies on a web site set up to discuss illegal banking policies! We can laugh at thier personal stories of tragedy and hard times without a trace of sympathy or empathy…Oh, how liberating it must be to be feelingless!

And because any settlement that anyone receives is not going to affect you in any possible way, you still take some of your precious time to educate them even when they call you ignorant and label you an asshole. I don’t know what they call you in the real world…but on the internet, where no one knows you, and don’t give a crap about your opinion, I call you heartless, and I want to know how can I be down? Do you have a website?

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avatar cyd hannan

John, it sounds to me that you have been blessed with disposable income, otherwise why would our triflings, as your opinion of us seems to infer,get your ire up? We have two children just out of college, one going next year and two more who will be on their way much sooner than we care to think of. If God has blessed you with so much that you feel qualified to pass judgement on those of us who seem to have been blessed with humility and respect for humanity, a blessing I view as one MUCH larger, and worth more than any EXTRA cash that has been bestowed to you. Please do all of us a favor and from now on keep your opinions to yourself, or at least off this forum!

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avatar lynn ♦155 (Cent)
avatar Dena

John, I’m less interested in the “suing Wagon” and more interested in exposing the fraudulent
business practices of this bank. Sometimes in life you gotta do what you gotta do and when you know in your gut that someone’s been robbing the poor….which is exactly what BofA has been doing for a long time…it’s time to step forward. I’ve known for a long time I was going to do this before any “wagons” left the station. Whatever happens I will not rest until BofA pays for all the damage they’ve caused to many, many human beings. Want to know why? Because I can…

I don’t work (outside the home)…I’m a stay-at-home mom that eats bon-bons all day, watches all the soaps I can get my hands on – pun intended – and shop online and spend more money than I know what to do with. And then, you know what Johnny-boy? I come to this BofA bitch-thread and get all my itsy-bitsy petty complaints out.

You think it’s disgusting, J.J.? I’ve got nothing to hide and while you may see it as a lack of pride that will enable me to move forward; I’m spurred on by the knowledge that this megamonsterbank did us wrong. I’M MAD AS HELL AND I’M NOT GOING TO TAKE IT ANYMORE!!
Hear that, you SOB’s at BofA — (don’t be surprised if you hear I’m in jail.) I’m anticipating it!

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avatar stacee

Ordinarily, I am not the type of person to call someone names, but you ARE AN IDIOT!!!!! Do you really think people CHOOSE to be laid off?……or be dying of cancer?….. or have their spouse die suddenly????????????????….or have their homes destroyed by fire & other natural disasters???……some of the people I know that have been ripped off by B OF A were in these positions. You must be a very lonely person because I CANNOT imagine that someone as HEARTLESS and IGNORANT as you has many friends……..and, by the way, I do have accounts at other banks & do not have these problems: 1st of all–other baNks let me choose whether or not I want them to cover overdrafts. They don’t decide for me. And. 2nd it’s not an issue at bank that give you credit for deposits BEFORE they pay out purchases UNLIKE BANK OF AMERICA. GET A CLUE, DUDE.

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avatar Lynda

I think John Works For The Bank Lol
Do you even hear yourself? THE BANK STOLE!!! ITS ILLEGAL!

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avatar John

Corey stop crying noone cares about your overdraft mishaps, if you had your life in order you would be such a sour pus! Blame your self for not getting the education you need to expand your career choices. Your responsible for your own failures. You don’t see Donald trump crying and I’m sure he had NSF fees before too.

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avatar Corey

John, let’s not get personal. But if you must, my life is completely in order, you sir, just refuse to read, instead, you continue to spout your rhetoric. People are not complaining about overdraft fees, most people have admitted that is was their fault. I am wondering why that is not enough for you? Why do you continue to post the obvious? Why does it still bother you?

People are simply here researching thier rights to a settlement against an company who used illegal procedures. What is wrong with that?

On a personal note. I am completely happy with my life, the education I received, and the choices I have made. Judging by your grammar, the education you received explains that reason that you continue to post in a forum that does not affect you. I personally have not shedded one tear regarding NSF fees that I am responsible for. But a court of law has deemed that BOA policies were illegal, and therefore a settlement was reached, and I, fortunately, am included in that settlement. Again, why does that bother you.

I am just concerned about you. You seem like kill people. No, really. I think you hang around ATMs waiting on people who don’t have money in their accounts, follow them home, balance thier checkbooks and then kill them. People who say heartless things on the internet simply to hurt feelings of people that they do not know scares me, and I am truly worried. Did you check out the gardening website? Although I fear that I have helped you come up with new ways to bury your dead.

I tried to be coy and disquise my previous belittling post to you, but somehow I think that you really believed me. Please take off cape, step down from your soapbox and come back down to earth, I was just kidding. And since you are too slow to understand when you are being made fun of, I am feeling really bad now. People with learning disabilities are not to be made fun if, I am very sorry.

Can you forgive me please?

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avatar Corey

I’m sorry sir.

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avatar Luke Landes ♦127,490 (Platinum)

Keep it civil, folks. One person does not decide what people want to read here. Negative attitudes are not appreciated. Further comments along these lines will be deleted.

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avatar marie

Flexo,
Thank you very much. It’s nice reading comments because we all feel in different ways but it does hurt when ppl who don’t know each other attack with words. It’s not either one of your fault its bofa…the court decided that.

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avatar lynn ♦155 (Cent)

Holy Tamoly, John. I could suggest a forum that you would fit right into.

Not everyone here is broke or mismanages money. But we do know a con when we see one. BofA is a con setup.

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avatar Scott French

Where can I get one of the attorneys that are handling these cases? Twice they ran the meter on me and caused my business to get derailed because they took all my money, around $750 each time, which equals $1500 that I would like to get back. Does anyone have a link or attorney I can contact? Bank of America won’t help me get it taken care of, they don’t want to give back any of the money they stole. That’s the way I feel… they had no right to take my money.

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avatar Brendan Masterson

If my math is correct, there are 10 million people in the lawsuit and $410 million in the fund? This makes for a small payment for each individual. Also what are the legal fees associated with this case?

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avatar Nicolette

It would be nice to get notifications about real news/questions of the settlement instead of trolls trying to outdo one another…..

Please?

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avatar Henrietta John

How do we contact or who do we contact to make sure they look at the account that B of A hit with extremely overdraft fees? Hmmm makes me wonder if this had something to do with the fact they wanted me to close one account and open another…. I’m one of those people that has been robbed many times due to the fact of them moving transactions around in the account to put the high ammounts through first and a few others then post the deposit then end up with as many as five or six overdraft fees this is crazey and yes they do rob us poor people…. Does anyone have info on who can be contacted and spoke with on this matter please let me know at dazeymist@yahoo.com. Thanks

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avatar Arthur Huff

OK, LISTEN UP People!!
I’m poor; get $674.00 a month. No food stamps and BOA did this to me, and did it over the past 5 yrs. an estamated 45 times with some 10 times charging me with (EXTENDED OVERDRAFT FEES)of another $35.00 per overdraft totaling$70.00 per overdraft because I only recieve one payment a month of $674.00 with no savings at all! That means that since I got overdrafts of totaling (in one particular month ) of 35.00 for $2.23…….. ext o.d.another $35.00 =$70.00 then they hit me with another $35.00 for a $12.00 for gas even though I had the money in the bank for that gas when I got the gas the bank resequenced the debits so all of the debits of small charges of say groceries gas cigs, come out after the large (for me my rent of $450.00, electric $150.00 which I paid on monday ,a later date)! So the next month when my SSI ck. comes in, they would have taken out $140.00 in overdraft fees and extended overdraft fees when actually there should not be any overdraft fees at allbecause if the chargeswere taken out in the order by which they were done in the small charges would have been taken out before the $450.00 and the $150.00 which were the last two to be done by me!! In the stead the bank of America took $450.00/$150.00 out then the small charges when I really should have only one overdraft I ended up with 8 in one month and ended up homeless in a wheelchair with no money no place to stay and to this day I am homeless because of B.O.A.

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avatar Chris

It will be interesting to see if once again the US pulls the “Big Bank” bailout and each of who has been robbed only see a very small portion of what is due to us!

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avatar Arthur Huff

In 1988 I was disabled with a broken spine! I finally got on S.S.I . in 1994 with 18 mos. back pay! Ihave days where I don’t have but extensive pain but walk none the less, some days I wish I were a class Represative!!!!

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avatar Esmeralda

I received the post card signed up but never got any money

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avatar arthur huff

you won’t see any money till after Nov. 7th.

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avatar JT

I have a trouble , went to ant ATM of Capital one Bank and made a cash deposit of 120, since the ATM does not have the technology to count the money at the moment you are depositing it you need to put it on an envelope , then someone else goes and counts that money then you receive credit, these folks ony credited me 60 out of the 120 i have deposited, i’m been calling cust. Service and at the local bank all them just keep saying ” Sr. We are investigating, but nothing:” Can any one tell me what can i do to recover my money, or to law suit this people since they are not doing but nothing on this.

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avatar AP

Actually this is not the only reason, BofA would also throw a overdraft fee in there (out of nowhere) and not correct the mistake. I have only had one issue with BofA and it was this time. but that one overdraft in the middle of my purchases caused me 18 overdraft fees. So it’s not just a matter of spending money you do not have. I am not surprised that they are going to be paying out. If I could have afforded it back in 07 when this issue occurred I would have gotten an attorney. Instead I paid them off so I can keep my credit and banking in good standing.

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avatar Julie Fain

I have been charge several overdraft fees,an i would like my money back.I never close out my account i payed them every dim e i had which left me nothing to give my kids and when you making 7.55 a hour you really don’t have know money to give anybody.I have 3 kids an it was very hard to support them an especially when they use to overdraft me 0.01 cent (MEANING 1 PENNY),i thought that was a shame but i do hope the judge come to a good conclusion on this case because it really will help a whole lot of people including myself.I remember 1 year i couldn’t get my kids nothing for Christmas because of overdraft fees which i don’t think we should have got charge for them especially if every check we got was direct deposit an you been dealing with them for a long time.

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avatar cyd hannan

Im so glad that you posted. Maybe now some of these pompous commentors will be a tad bit more sympathetic. You deserve every penny this bank took from you and your children! Maybe now the naysayers will censor their comments so as not to insult or hurt anyone.

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avatar cyd hannan

John, you are like a fungus that just won’t go away! Once again, in my opinion, the comments on this site are truly not relevant. It seems ,in my opinion, that this is becoming a personal attack as well as a race to see who can get thelast word in. Have you forgotten what what this lawsuit was about? I am truly upset that I am continually reading posts alluding to lack of education and common sense causing our problems with Bank of America, these posts are insulting! The bottom line in all of this is, this bank stole our money. For those of you continuing to bash people whom are just trying to recoop even a small portion of whay was taken from us. In this battle of rhetoric, I believe that one huge point has not even been brought out. Has everyone forgotten that with BofA’s charges there also come the charges from the people we wrote checks to. Another $20-$25 and our credit reports are affected. Instead of quarreling with people we will probably never meet, think about what this does to people on a fixed income, or people whose mortgage might not have been paid because of these practices. I know that I had this problem with this bank LONG before I even heard of this lawsuit. In some instances whe I brought it to the bank’s attention I was credited, in others we Had to bite the bullet. Get over yourselves!!!!

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avatar art huff

CYD HANNAN,
Thank you for your comment! Again! Yes, I would like to get some of my Overdraft fees back, I’m currently in a shelter because of Bankof Americas resequencing of my debit transactions and I am on my last days of this places policy of housing and will have to leave on Mondat the 26th of Sept.
I was charged a minimum of 45 overdrafts and several extended overdrafts which caused a $70.00 per. I was very hurt by B.O.A. and I don’t I will ever get on my feet (figure of speech) and I just don’t know what I’ll do for a home!
I know that I will get a payment, I’m in touch with the Lawyers in Miami and they told me that There will be a payment to me!
My only worry is that only the Lawyers will make money off this and that is a true fact when they are getting $166,666.666.00 in their coffers!! Some settlement we poor are getting ripped off by B.O.A. and then again by the lawyers!!

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avatar John

Stop relying on this lawsuit go make your own buck

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avatar stacee

john……
is there no end to your stupidity???????????……rely on a lawsuit? are you joking????? the payout will be pennies compared to what most of us had STOLEN from us!!!!!!!!!!………earn our own bucks????? These are our own bucks that B OF A never should’ve had in the first place!!!!!!!!!!! Ya know……idiots like you are what karma is all about & she’s a bitch—-I wish I could be there when your ignorance catches up with you!!!!!!!!!!

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avatar Dena

Hey People, don’t get pulled into this b.s. w/JJ. I admit I got a bit of a kick playing with him (kinda like my dog bats buzzing cicadas around before he eats them ) but you know what? It’s a waste of time. He’s not worth it. Let’s use our precious time and energy to help each other in this battle. Let’s share any information we may come across…it might be helpful to someone else. John and other detractors will just sap you of your time, energy and determination…to hell with those people who can’t relate. There are more of us hurting over what this bank has done to us. Share the news with whoever you talk to about BoA agreeing to pay $410 million towards this small class action lawsuit. Guarantee you, most you tell will not have heard a thing about this. Perhaps they kind of read something about it but guarantee you, they’ll be surprised to hear the sum offered. It gets people wondering…Why are they paying?

I believe there’s more to this offer than just “Now will ya shut-up and get off my back?”
I think it’s more like, “Oh-h-h-h Sheet, it’s gettin’ hot in here…okay, ok we’ll make ‘em an offer…gotta make it look good…you know, add some good ole zeros ‘n throw in a few commas….yeah, yeah”

I can’t help smiling…I feel vindicated already and I haven’t even begun to fight.

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avatar lynn ♦155 (Cent)

Dena is right. John could be a troll from the bank. Who can tell? ignore it and he will go away.

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avatar John

I paid my share of overdraft fees, been laid off, hit rock bottom financially. Never once did u blame anything for my mistakes. I got my life in order by myself. As a successful business owner I understand the meaning of PROFIT!!! You all knew how BOA conducted their business yet you still manage to get fees.. What does that say? It’s not that I’m heartless because life throws curve balls at us always. I addopted to banks ways, and managed my money better. It’s sad to see bunch of grown ups trying to milk a dollar because a dollar is exactly what you will get after lawyers take their share. It’s not any banks fault, although they’re all crooks, it’s your own for understanding how they do business and choose to still do business with them.

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avatar MYB-X

It is apparent that you feel animosity towards several people who have posted on this site…if you feel that strongly do yourself and us a favor and stop reading the updates. You have managed to pull your life back together. That’s fine and good. There are too many people who were not able to do that. So stop tearing these people down just because you do not identify with them! Get yourself a hobby let this blog be what it is supposed to be…I lost several thousands to BoA and it was not until I started paying closer attention to my account that I received relief. It’s not always mismanagement of funds that cause overdrafts…this as it is stated in the lawsuit…was a regular and ILLEGAL practice of this bank. These are people that you know nothing about and will never meet so why are you so upset that they will be recouping some of the funds that were stolen from them. You say that you are a business owner…you should spend more time running it and less time responding to the comments made here.

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avatar Lynda

John,
Your very angry , I think your more affected by the banks error then you think. Whats with all the crazyness? Its My Money…. and I Will Spend It When And in what ORDER i want to spend it in. Bank Of America CANNOT make that decision for me. Whether $10.00 or $50,000 Our choice. New York is becoming a Communist State, we can’t let these things happen. and YES I WANT MY MONEY BACK! ALL OF IT!!! AND A LITTLE EXTRA FOR MY AGGRAVATION! Thank You
Ps Yoga

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avatar Ro

Yeah, I got ripped off also… apart from taking your money elsewhere, everyone here can inform themselves about and support the occupation of Wall st. that is going on right now, in it’s ninth day and growing…lots of support from around the country and around the globe. Go to FB; there are carpools being organized and there are a couple of websites with live streaming. occupywallst.org

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avatar chanda

Here’s an idea…How about keeping track of your spending and not allowing Your account to overdraft in the first place!! People want to blame the banks but take some responsibilty and stop using the card if you know there isn’t money in there to spend. Don’t get me wrong I’ve had my share of overdrafts and the only person I blame for them is me…

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avatar dathom

Chanda, I first blamed myself and was mad at myself for not keeping track of my transactions, until I noticed that the bank would post pending transaction and a weekly direct deposit post pending transaction that was well above to cover the pending trancactions. Guess which trancactions they released first?_ You got it…and held the direct deposit. When I called them they told me the pending trancactions were not current at the time.
Bottom line they are in the business of making money off of account holders who are operating off of tight cash flows, and if you are living paycheck to paycheck, try to withdraw the cash you need and make as few transactions as possible until you get on your feet

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avatar Chele

How about this? Not only do they like to charge $35 even for a penny in the red but they also tell you how great the Keep the Change program is. Whenever you use your debit card, they will round to the nearest dollar and put the extra in your savings account. Yea….saving for them to keep $5 a month for themselves. It’s their charge for transferring it for you. What a ripoff! That’s my money! And hey, what about when you make a deposit, online it says it will be posted to the account on Tues because Monday is a holiday and it doesnt post until Wed causing a $35 overdraft fee! BOA sucks!

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avatar Lynda

@ Chanda……OBVIOUSLY It Is BANK OF AMERICAS FAULT…… hello…. ding dong anyone home. ARE YOU PAYING ATTENTION? ((((((CLASS ACTION LAW SUIT))))))
Other wise we all wouldnt be here having to here stupid comments, like this one

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avatar Luke Landes ♦127,490 (Platinum)

Comments on this article are now closed.

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avatar Andy

So does this mean we only get 5 -14 % of what we are really owed ??

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avatar Ron Wicker

I had to take out a loan to pay for all the over drafts with BANK OF AMERICA.Tried to reason with bank rep and he said there’s nothing they could do,so now i have a bank balance to pay and a loan.If you don’t belief me i’ll show an lawyer my proof.

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avatar marie

I recently encouraged a family member to go to a credit union, for the credit union works for its members, the banks are into making money. I had some bad times with BOFA. I can recall calling and disputing charges almost every two weeks before changing to a credit union. The bank would “always” hold back on depositing my direct deposit, charge me overdraft fees for checks that hit the same time, take there fees and then credit my direct deposit. Would someone “please” explain that practice? I don’t hold a grudge against the banks practices but I do have a bad feeling in the pit of my stomach whenever I see a BOFA branch. Therse are hard times for some individuals, why make it more difficult for those trying to make a living?

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avatar Sharese

I have been reading all of your comments and I am appalled….at you John. I debated whether to even comment or not. I realize that you obviously have some issue with yourself that make you want belittle and chastise others to make yourself look or feel better. If the BOA settlement is irrelevant to you than why are you even commenting on this thread? A side from that like Corey said people aren’t trying to escape responsibility for their mistakes however their mistakes didn’t give BOA the right to do what they did.
If I make an investment and maybe didn’t conduct as much research as I should have (my mistake) and someone like Bernie Madoff comes and depletes my savings….Should I just walk away because…well like you said it is my fault….NO just because you make mistakes doesn’t give someone the right to take advantage of you.
If I leave my door unlocked and someone breaks into my home and robs me….I should have been more responsible and locked my doors (managed my home properly) does that mean that the person that robbed me should be in the clear.
Yes people were aware of BOA practices but they were the same practices of many banks so what were they to do….close their account and go where???? Well Fargo…Suntrust …. They conducted business in the same manner. Although they felt it wasn’t fair there weren’t any regulations against it….This is why they had to wait until lawyer and the government stepped in to regulate these bank practices. READ and educate yourself. No one is going to get rich off the settlement but the lawyers so you can stop accusing people of trying to make a buck because that is about all they will make….A BUCK….. IT is the principle.
Next time you go to McDonalds and get down the road and don’t have your fries don’t you dare go back……why because it was YOUR MISTAKE that you didn’t check your bag and not McDonalds and you KNOW that it is their practice to screw your order up…….. Or are you so perfect you would do that…….

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avatar Lynda

Sharese well said!

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avatar mark

How do you know how much you will get?

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avatar eric

I’m not sure if it was mentioned above but during my time with boa if my account was overdrawn whent they took the monthly fee out I was charged $35 extra dollars for them to cover the fee

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avatar Sam

It was said in the settlement notice that on behalf of settlement class members who can not be identified, between 5% to 14% of their settlement fund, net of expense money will go to nonprofit organizations. I strongly disagree and feel that the money should be given to the Settlement Class members in the Overdraft Fee Lawsuit.

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avatar Lynda

I AGREE!!!!!

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avatar lynn ♦155 (Cent)

These comments make me so happy I have stayed away from all the ‘offers’ the big banks put out there. Nothing is free from banks. I am sorry that so many have gotten burned by BofA.

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avatar Kristin

Well, what I don’t understand is, they are being sued, yet they are still taking out transactions from highest to lowest. This makes so sense what so ever. I want to call them and ask why but I doubt it would do any good.

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avatar David

yes BUT they are waiving the overdraft fees in most cases. HOWEVER even though they are waiving the fee I’m sure it still gets reported when you over draft, SO when you decide to fine a new bank and leave Bank Of America, the new bank looks at your CheckingReport(Kind of like a credit report for credit but for checking accounts), the New bank see’s that you have lots of OverDrafts reporting with in the last 24 months and does not give you a checking account, so then you’re stuck with Bank of America, Most people have Direct Deposit so they HAVE to have an account, So Since they can’t open a NEw account with a different Bank they are Forced to keep their BoA account Open.

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avatar sabrina baker

I’m trying to find out what paper work i need to fill for the suit. My father n law has recently passed and they did this to his account also. If you can help me with the information i’d really appraicate it. Thank you, Sabrina Baker

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avatar Lynda

I think you should have gotten a letter in the mail if you were part of the suit. Other wise google Bank Of America Class action Law Suit and call there lawyer

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avatar amia springs

hello sebrina baker im amia springs i live here in little rock. i read your info about your father sorry to hear that god bless!! lost is always a hard thing., but in time you will get better. back to the matter at hand they sent me out this card and a letter. It clearly states if you r intitled to the lawsuit it will automatically apply to you or in your case your father. im giving you the website so you can read the information on it. excuse me i misinterperted meant to say your father n law my apologizes.

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avatar Florrie Mingo

It it a known fact that they took this money!! So why are we only going to get a percent of what they took? I want all of my hard working money returned.Florrie Mingo

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avatar Johnny Swain

Thats what I’m trying to figure out, the figures aren’t adding up to me… If the settled for 410 million dollars, why are only receiving $2500-5000.00, where did that figure come from? 30% lawyer fees is only $123million, what happented to the rest of the money? Seems like we shld get at least 100,000-1million?????

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avatar Rosa Stith

I am very anxious to find out what the final amount will be for the victims in this situation.

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avatar Jared Barrows

Your math might be a little off. If you divided the rest of the money by 12.5 million people, that only equals 21 dollars or something close to it. That is why they are asking for the 2,500 to 5,000

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avatar Amarie

I agree it is the consumers responsibility to manage their financial accounts. But my experience with BOA made me feel as though they were taking advantage of anyone who made a simple mistake. About 8 years ago (when BOA was deducting the largest transactions first) I was a recent college graduate with a very tight budget. One month in particular I was literally a few cents off on my bill calculations and wound up paying a huge price. Because of the way BOA processed their transactions and my slight mis-calculation, I ended up being charged about $200 in overdraft fee’s. This wiped out my bank account so I could not purchase groceries or gas. I felt disgusted and embarrassed. If BOA had processed the charges correctly, I think the only thing that would have ‘bounced’ would have been a small purchase at a gas station worth $5.

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avatar Gabe

Buying gas with an ATM card is really dangerous, I was told by a BoA employee they can hold the transaction up to 2 weeks, it won’t necessarily show as pending and they can process it at their discretion.
Furthermore, when I asked at my BoA multiple times if I could set up my account without overdraft protection, I was told it was impossible.

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avatar shannon

i was told on many occasions that i had to keep min of $250 a month in my account for overdraft protection … i am canadian and recieve SS death benefits for my daughter .. how can i really afford that?

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avatar Ken Arnold

A million people get a measly share of only 5-14% and the lawyers take the rest?? We need to sue the lawyers since 33% is what they are supposed to get, not 86-95%

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avatar Lynda

Exactly!!! Sue the lawyers :}

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avatar Janice

Hi Lynda do you know the nu7mber to the lawyers I have a change of address if we are getting any thing

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avatar Raul

I agree with you we shall all sue the lawyers to.

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avatar ted

I am so tired of getting ripped off by banks lawyers and everyone who just think they can make up any rules they want including the government this has got to stop i think i make pretty good money but after gas taxes stupid fees and inflated prices i have nothing i cant even put food in my house without going broke

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avatar Johnny Swain

I agree!!!! This is some bs, The lawyers supposedly work for us and 10million people getting something returned. If the lawyers are gettting $123million, than there shoukd be $287.00 million dollars left over. Do the math, something ain’t adding up!!!!

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avatar Ro

So, how do we get what is rightfully ours?? BOA took advantage of their customers. I lost a lot of money because of their opportunistic penalties. It’s ok to penalize someone for an overdraft, but $35.00 even if you are over by 1 cent? On top of that, if you did not deposit the difference immediately, the charges would keep going up. Is it time for another lawsuit? I think it is; they need to pay us back the predatory penalties they so eagerly took from us.

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avatar Zachary F

Unfortunately being part of this lawsuit prevents us from similar lawsuits in the future.

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avatar georgia miller

does anyone know when we are suppose to get our parts

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avatar Orlo Ripley

well i hope to see that credit to my account very soon,! then i can rub it in there face,.. overdraft fee’s for a 7 cent negative ballance, among other’s, the bank makes a whole lot of money taking advantage of people, were is the{ america} in bank of america???

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avatar johnny swain

why do we only get 2,500 to 5,000 we should get 1,000,000,00 it 410,000,000,00 the lawer’s get’s 30% that’s 123,000,000,00 that’s crazy.

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avatar Monica Franklin

Sorry Johnny, But we don’t get that much thats only wishful thinking . According to media customers will be lucky if they receive 20 Bucks regardles of the amount of transactions. Sucks.com

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avatar martha hyde

I WANT TO START A DAVY CAMPAIGN AS IN DAVY vs GOLIATH.

IF PEOPLE STOPPED DOING BUSINESS WITH THE BANKSTER TERRORISTS, THEY WOULD FALL. HARD AND BEYOND OTHER BAILOUTS THAT TAKES YOUR MONEY IN ORDER FOR THE BANKS TO BE ABLE TO TAKE YOUR HOMES.

TAKE ALL OF YOUR MONEY OUT OF THE NATIONAL BANKS AND CUT UP YOUR CREDIT CARDS.
ONLY DO BUSINESS WITH YOUR LOCAL HOME TOWN BANK.

WE CAN DO THIS.

OUR TAX DOLLARS BAILED THEM OUT. ALL WHILE THE BANKS WERE CALCULATING HOW TO TAKE HOMES. IT IS THE SAME STORY OF THE HOME OWNER OVER AND OVER AGAIN. THEY DID THE SAME TO EVERYONE. IT WAS A PLAN FROM THE GET GO. THE REFI SHUFFLE WAS A CON GAME, IN WHICH THE UNSUSPECTING WERE CAUGHT UP AND LOST. I BELIEVE THIS TO BE A REAL CONSPIRACY AGAINST LAND OWNERS.

ALL THE WHILE THOSE WHO REPRESENT US IN DC, KNEW WHAT WAS GOING ON. IF A SERF CAN FIGURE IT OUT ONCE THEY HAVE BEEN VICTIMIZED, YOU HAD BETTER BELIEVE THAT WASHINGTON DC LET IT HAPPEN. THEY KNEW WHAT KIND OF GAMES WERE BEING PLAYED AND INSTEAD OF CALLING THE BANKS ON THE ILLEGAL, DIRTY, INHUMANE, SCAMS, THEY BAILED THEM OUT WITH OUR MONEY!

FURTHER, NO MATTER WHAT CONDITION THE HOUSE IS IN, BURNED TO THE GROUND OR BADLY VANDALIZED, THE BANK IS INSURED BY THE GOVERNMENT SUBSIDY. THE BANK LOSES NOTHING. THE BANKS GET THE VALUE OF THE LOAN ON THE HOUSE EVEN IF THERE IS NOTHING LEFT OF THE HOUSE! THE BANKS ARE RECEIVING BAIL OUTS AND SUBSIDIES FROM THE VERY PEOPLE THAT THEY ARE WORKING HARD TO DESTROY.

THE BANK DOES NOT LOSE A DIME!

THE BANKS WERE BAILED OUT BY OUR TAX DOLLARS. OUR MONEY IS ALSO COVERING THE BANKS ON LOSSES DUE TO THE CONDITION OF THE HOUSE.

PEOPLE DO NOT UNDERSTAND THAT THE BANK IS COVERED AND LOSES NOTHING NO MATTER WHAT.

MEANWHILE, HOW MANY PEOPLE HAVE COMMITTED SUICIDE OR HAD HEART ATTACKS BECAUSE THEY WERE LOSING THIER HOMES? HOW MANY FAMILIES WILL BE DESTROYED AND NEVER RECOVER? HOW MANY ARE HOMELESS BECAUSE THEY CAN NOT GET BACK ON THEIR FEET? HOW MANY CHILDREN ARE HOMELESS AND SUFFERING BECAUSE THE BANKS HAVE AN EVIL AGENDA?

HOW MANY SERVICE VETS HAVE THEY PUT THE SCREWS TO?

FOR CRYING OUT LOUD, WE HAD A REVOLUTION OVER THE TAXES ON TEA!

WHY ARE WE ALLOWING THE BANKS TO DESTROY THE AMERICAN DREAM? WHY IS OUR GOVERNMENT SUPPORTING THEM IN DOING SO?

OUR GOVERNMENT DOES NOT CARE ABOUT THE HOME OWNER. THE GOVERNMENT WILL ONLY HELP FURTHER DESTROY INDIVIDUALS AND FAMILIES BY NOT PUTTING THE SMACK DOWN ON THE BANKS.

I, AS AN AMERICAN CITIZEN, DO NOT WANT THEM TO GET AWAY WITH DESTROYING THE AMERICAN DREAM. LOWERING THE STANDARD OF LIVING ON MILLIONS OF HARD WORKING AMERICANS IS UNETHICAL, IMMORAL, GREEDY, CORRUPT AND DOWN RIGHT EVIL.

PLEASE, YOU ARE WELCOME TO COPY THIS STATEMENT AND PASTE IT ANYWHERE IN ORDER TO GET THE WORD OUT.

I CALL IT THE DAVY REBELLION!

HOW TO JOIN THE DAVY REBELLION—NO PPENALTIES, NO FEES, NO DUES, NO BACKGOUND CHECKS! (HA!)
TAKE ALL OF YOUR ASSETS OUT OF THE BANKSTER NATIONAL BANKS AND ONLY DO BUSINESS WITH YOUR LOCAL BANKER.
CUT UP YOUR CREDIT CARDS.
DO NOT DO ANY BUSINESS WITH THE NATIONAL BANKS.

LET US. WE, THE PEOPLE, FIGHT FOR JUSTICE OURSELVES AND CIRCUMVENT WASHINGTON, DC. OUR BUREAUCRATS ARE NOT LOOKING OUT FOR WE, THE PEOPLE.

I WILL NOT STAND FOR- OF THE CORPORATION, BY THE CORPORATION, FOR THE CORPORATION!

PLEASE ALERT ALL! JOIN THE DAVY REBELLION TODAY!

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avatar cassandra

I’d like to know how to get this off my credit report. I got so fed up with BoA and refused to pay them anymore money, they closed my account and sent it to a collection agency. Can anyone help me with this problem, I’d like to open another bank account again. (not with BoA of course)

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avatar Sean

I had the same issue and they put me in chexsystems. The fact is, they cant put you in something that you never agreed to be put into. I googled how to get out of chexsystems and some “nice” lawyer had put a draft letter of what to write to the bank to get you out of trouble. Guess what two weeks later I got a letter from Bank of America saying we have taken you out of chexsystems and also have taken any negative information off of your credit report. Try it…it worked for me.

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avatar cassandra

Thank you Sean I will try this.

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avatar yassir

2500 to 5000 your dreaming thats not what the customer get
i think thats extra fees that the lawers will charge each person in the settlement on top of the 30 percent wich is 123 millionssssssssssssssss

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avatar Johnny Swain

I read that on the website! It said single people will get $5,000 and married couples $2500.00, so you think were going to get more? I personally feel like we should but I don’t know…..Lawyers……

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avatar Nicolette

“up to” $2500 or $5000

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avatar Rosa Stith

it says that we have to pay that amount(2500 per plaintiff,or 5000 per couple) to the 32 class representatives, which I’m thinking its each bank branch representative, this is to them for their services on the whole class.

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avatar JO MONTOYA

BANK OF AMERICA HAS COST ME THOUSANDS OF DOLLARS IN FEES AND WILL NOT CHANGE MY ACCOUNT SO THAT OVERDRAFT FEES ARE NOT GENERATED…I’VE HAD THIS PROBLEM FOR ABOUT TEN YEARS..SO AFTER THE SETTLEMENT IM CLOSE THE ACCOUNTS WITH BANK OF AMERICA…

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avatar joe

I think alot of people dont understand the concept of this settlement.. it will be case by cas i probably wont see much.. alot of the times it was my fault but there were a few times my account got racked and stacked. You cannot be a part of the claim if your deceased dad or mom got taken to the cleaners.. you have to be legally tied to the account at the time.

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avatar Ken Arnold

I was raped many many times through the years with fees that should not have happened with 3 separate accts. I “should have 3 settlements”. They even put charges against my acct. that I never made then took them back after they started the multi fees.

The ghost charges also need to be looked into by someone.

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avatar Amber Perry

I was incredibly happy when I received my post card in the mail. My husband and I are not expecting much, if anything from this law suit but I was happy to see that someone is holding them liable for their mistreatment of customers. My husband and I are very smart about budgeting our small amount of money. Normally we never had a problem. We did have one, very large problem with them a couple of years ago. My husband was on leave and we went home to visit our family. On the way back we had stayed at a hotel who ran our debit card not once, but 3 times. Our normal, monthly bills also processed at the same time. With the banks policy of largest to smallest we overdrafted SEVERAL times with the small bills and the hotel fees. Even after contacting the hotel and getting our money back for that Bank of America would not refund the fees. Long story short, we ended up several hundred dollars in debt to them. Thankfully my husband was able to change his allotment before the next paycheck and we instead made small payments to our old account until it was resolved. It may have only affected us that one time but it was ridiculous and proved they are nothing but money-hungry, greedy good-for-nothings. I am thankful we are rid of them as a bank. They charged so much for a standard bank account. $8 monthly account fees as well as overdraft protection fees, overdraft fees and (tried) charging $5 for debit card transactions? Tell me again why we have to bail big businesses like this out? They are raping their customers pocketbooks and yet, we give them more money (we do not have) through a bail out. Shameful, that is what that is.

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avatar Ken Arnold

When did you receive the postcard? I never got one and this is supposed to be for all the customers to be automatically included.

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avatar Amber Perry

I believe we received it in June or July?… I’m not 100% positive which month.

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avatar Sandra Vargas

I really don’t think we should get only some percent back, we all should get our whole money back with interest. I had my money in the account, it not my fault that the back don’t post it right aways if using my ATM loading gas. I have a family of six, working very hard for some just wiping my account and charging me over 700 in one month and it happend 4 time. Gave me my money back, Adios Bank of America. I closed all my accounts and now i have a Union Bank, I have no problems with this bank for three years.

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avatar Ken Arnold

I researched it you need to call 1-800-372-2390 w/ a touch tone phone and enter your phone number, Name, Address etc and they will send you a “lawsuit kit”

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avatar Crystal S.

I too was scammed by Bank of America. They let a company that I never even heard of take money out my account 3 times and charged me multi overdraft fees . They need to get what they deserve and im gonna look into the lawyers gettin so much money. Why r u gettin money from Bank of America customers that we worked so hard for. So u can put our money in ya pockets and spend it on whatever u want. I don’t think so, and I bet u that none of thoses lawyers bank with Bank of America. Go with union banks they r the best.

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avatar Dolly Alvarez

I am looking forward to Nov. 7, 2011. I have been with BOA for over 10 years. Many transactions that were performed were never resolved. I understand I do nothing but wait because that’s what I chose to do.
I believe after being a loyal customer and paying over $3000.00 annually on overdraft fees due to the way they handled their business not looking out for the consumer but for the bank’s profit is not right.
I have received a letter and a card informing me what is currently legally being done to help me.

Thank you

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avatar Ken Arnold

Everyone really needs to close out their accounts after the settlement money is received.

Start a new account in a reputable bank now so it will be easy to transfer the money when you do it.

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avatar Ryan D Pierce

Here is the math… if 1 million people get 5% of 410 million dollars… that mean we are only getting $20.50 dollars back per person… or 14% of 410 million make $57.40 each wtf? I am sure that millions have payed hundreds if not thousands of dollars in overdraft fees alone. Btw Banks get Billions of dollars in just overdraft fees… Whoever agreed to Bank of America paying just 410 million in spite of the billions they have attained in just overdraft fees and without the concent of the so called, 1 million petitioners should be shot and killed. What i dont get is how 1 million people seem to not remember signing it the first place. So im calling these law firms and gonna ask, what the fuck!!

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avatar Kathy

I hope you’re wrong because BOA took way more than 20.50 from me. I never signed anything. I got that postcard in the mail and now I’m pissed because the lawyers are screwing us.

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avatar Flrgrl01

Ryan is correct. Consumers will recieve less than the amount of 1 return fee…($35.00).

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avatar Raul

Just wait and see what the judge says cause when it comes to money the judge and the lawyers are the same mafia.

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avatar yassir

yeah 20 dollars that s what the customer get lets all of us sue the lawyers for real

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avatar Matt

You all need to read. It said $5000 per person or $2500 per married plantiff whose spouse is also in the suit, but ONLY FOR THE 32 PEOPLE WHO FILED THE ORIGINAL CLAIM, not those of us who got the postcard. My guess is we should all blow our winnings on an extravagant night out at McD’s.

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avatar Janice

I ned to now how to put in a change of addrees. The email addrees or website is not right. I am also mad that they are talking about 20, what the heck is that.

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avatar Kathy

Me too. One overdraft is more than 20 dollars.

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avatar Muriel Baldwin

I had lots of bank fees from BOFA almost to the point of 500.00. its seemed the bank fees were twice what i really owed them and how come i was never contacted?

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avatar Ken Arnold

++++++++++++++++++++++++Please read++++++++++++++++++++++++++
+++++++++++++++++++++here is the simple Math+++++++++++++++++++++

Excluding any Lawyer fees, (that ain’t happening…)

1,000,000 customers x’s $5,000 each settlement = 5,000,000,000 (5 BILLION dollars)

BUT! They settled for $410,000,000 NOT 5 Billion so you’re down to 400-500 ea w/o fees.

We are NOT getting $5,000 ea. and I’m guessing we’re getting around $50.00 to 100.00 at best IF we’re lucky.

Lawyers should all be fed to Sharks in the coming revolution along with the IRS and Government workers :)

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avatar Zachary F

I’m sorry to say this Ken but it’s not 1 mil customers. It is more like 13 Million customers. So if your right and lets say we take your high number of 100 then divide it by 13 and thats what well be getting. About 8 dollars!!!! FML

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avatar Marty_L1

410 million minus 123 million to lawyers= 287 million to plaintiffs= 21.74 at best for each of the plaintiffs. Bottom line?… B of A customer gets F’d again.

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avatar Zachary F

I feel violated by the lawyers in this case. It should be illegal to just automatically include people in a lawsuit. They should ask people if they would like to be part of this lawsuit instead if we wanted to opt out we had to jump through hoops to do it. I’ve just spent a long time reading the court documents from Oct. which address objections from class members. These lawyers are the reason why lawyers have a bad name. GREED, nothing else. While obviously this lawsuit affects most of us who got screwed because we’re basically living paycheck to paycheck, these already rich lawyers will be getting more rich and all of us can go buy a case of beer.

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avatar Matt

Not that I am approving the practices of BoA, but they wouldn’t have had the chance to charge fees if we (yes, that’s myself included) had managed our money better, budgeted, lived within our means.

It seems really inappropriate to come back and sue, but that is the American way: handle money poorly then demand a handout.

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avatar Kathy

Disagree. I haven’t had any problems since I left BOA.

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avatar Matt

They never charged overdraft fees unless there was at least one overdraft. Again, I am not condoning what they did, but our poor planning gave them the inch they needed to exploit loopholes.

If you haven’t had any problems since you left, it means you are managing your money properly, not because your new bank does things differently.

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avatar Kathy

You sure assume a lot. I did get charges even when I didn’t overdraft. I haven’t managed my money any differently so quit assuming.

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avatar Kathy

I should I have said I got charges when I didn’t do anything. I called them so many times ro reverse charges I didn;t do. Don’t think we all mismanaged money like you.

avatar Matt

Get a life Kathy. If you were charged when you shouldn’t have been, the charges would have been reversed and you wouldn’t be trolling the BoA lawsuit website. If they didn’t reverse the charges, you should have a lawsuit of your own.

But your hear, and the only reason you are here is because you overdrafted your account. Everyone here knows your dirty secret. Move on.

avatar Kathy

now what I dod, not you as you weren;t there. I over drafted but I shouldn’t have. I over drafted because of things I did not do. I’m not trolling the site. I didn’t get upset until you assumed what my situation was. You’re the troll. Please look up the definition. It fits you.But you know that’s response i get when I go to the bank. Except they tell me they would never do that and that i must have made it up.

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avatar Marty_L1

@ Matt

I think you are wrong to assume that we all mis-managed our money and the result was B of A hitting specific derelict customers with justified charges. I never mismanaged my accounts but yet managed to rack up a number of suspect charges over a long period of time. Many of us don’t have the ability to save and have safety nets in our accounts to prevent what happened. Just because many of us are forced to live paycheck to paycheck does not give B of A or any other financial institution the right to exploit that unethically. You may not understand what its like to have to survive paycheck to paycheck but you shouldn’t automatically assume that we are all guilty and Bank of America had the right to act the way they did. Banks in General are mostly responible for this economic situation the world is in because of the sub prime loans issued to get some extra revenue for a short time. The sad thing is that the Gov’t bailed them out because they were greedy and since that time very little has changed. If anything the bailouts should have went to the people, not the businesses that caused the crisis in the first place.

avatar Kathy

All i said was I disagree. I didn’t jump on you. I was simply stating my experience. I thought the whole point of this place was to discuss things. Nothing about my first post was argumentative. It wasn’t meant to be. I only called you a troll when you accused me of being one. It made me a little suspicious of you when you called me one. But assumptions really annoy me so my post after that was probably assholish of me.

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avatar Luke Landes ♦127,490 (Platinum)

Let’s agree to keep discussion here on-topic. This is not a forum for personal attacks or judgments. There’s no need to make the overdraft issue personal. Further off-topic posts will be deleted and if it continues to be a distraction to the conversation, I will close public comments (again).

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avatar Kathy

Sorry about that. I really could have sworn the postcard said 490 million. But where are people getting the amounts from? I don’t mean the 410 million but the amount that will be paid out to people. I wish I kept the postcard.

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avatar Marty_L1

B of A purposely aimed their practices at customers who were accustomed to living from paycheck to paycheck. I left B of A after they took me for over 900$ in fraudulent overdraft fees over a 6 year period, and went to PNC bank N.A.. Since that time I have had not one overdraft charge in 4 years. I also make less money and have very close to the same financial responsibilities. B of A’s tactics of arranging charges to post to our accounts to maximize fees and profits was unethical and irresponsible. Shame on them for taking their customers money in a criminally negligent fashion. In my opinion, they got off easy as they were responsible for STEALING over 4.5 billion from customers.

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avatar TRICIA

iT WOULD REALLY SUCK TO GET ONLY 1000.00 OR LESS THESE MOTHER F—–G BAST–DS

DESERVE A LITTLE JAIL TIME NOT COMUNITY SERVICE, JAIL SLEEP OVER ATTICA TIME. MY
KIDS AND MYSELF HAVE HAD SOME HUNGRY TIMES DUE TO THESE FEES AND THEY BETTER PAY!

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avatar Luke Landes ♦127,490 (Platinum)

Unfortunately, the settlement will result in far less than $1,000 per person. Jail time isn’t really on the table, either.

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avatar SUSAN REALI

I banked with Bank Of America for over six years. When I received the post card about the law suit and how to be a part of it, I missed placed it and did not join the law suit. Does anyone know how I can hook up with them or is it to late. Please help…..senior living on fixed income.

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avatar Kathy

Unfortunately it’s too late.

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avatar Luke Landes ♦127,490 (Platinum)

Susan, if you’re an affected customer, you received the post card, and you’re automatically a member of the suit. You don’t have to join. If you had wanted to opt out, and if you wanted to reserve the right to sue Bank of America yourself, you would have needed to respond.

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avatar Kathy

I know what I dod, not you as you weren;t there. I over drafted but I shouldn’t have. I over drafted because of things I did not do. I’m not trolling the site. I didn’t get upset until you assumed what my situation was. You’re the troll. Please look up the definition. It fits you.

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avatar Matt

I’m not a troll. I was the first one between to admit in my original post I am here because I overdrafted. I am part of the lawsuit. I am glad you finally admitted you are an overdrafter too. No need to get so angry, Kathy. By the way, You cannot overdraft because of “things I did not do”. You spent more money than you had. :)

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avatar Kathy

No, that’s your problem. I’m not saying it wasn’t an overdraft. I’m saying it was an overdraft on something I did not do. I know what i have done and didn’t do. t still think someone at my college used my card. Whoever it was bought stuff I don’t even like. Many charges were reversed but it’s hard to prove. That pisses me off.

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avatar Kathy

I get annoyed with assumptions especially when I’m called a troll. I’m not here to disrupt things. I just still don’t understand how someone got my card number. It seems like a very odd coincidence because the day before the charges I got into an argument with someone at BOA. It may have just been a coincidence.

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avatar Matt

If you don’t like being called a troll don’t call people trolls. I simply stated my view of this whole lawsuit thing and you jumped at the chance to start an argument.

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avatar joe

It seems unconstitutional for anyone to automatically include my name into a class action lawsuit my consent

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avatar joe

I really feel my personal privacy and rights are being violated. I dont care if i get anything back.. i just dont think it is right for other people to make my personal choice of taking part of a lawsuit.

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avatar Jared Mansfield

You had the option to opt out. That date has long passed, but it stated this fact on the card you received in the mail.

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avatar Zachary F

I believe its wrong to give option of opting out. You should have the option of opting in not out.

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avatar Ken Arnold

In a “Class Action”, they can do that on behalf of anyone/everyone who’s been affected. You can Opt OUT and do it on your own and that will take a few generations to see anything happen along with your own lawyer fees.

Personally, I have been diagnosed with Mesothelioma (Asbestos cancer of the Lungs), a similar Class action is getting me 1.1 million in damages, 737,000 after the Lawyers take the cut.

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avatar Zachary F

Did they automatically include you or did you have to call them first.

avatar harlow harden

lost thousands of dollars where do i go

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avatar yessica

Has anybody heard how much we are getting?

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avatar shilanda eaddy

When wud they settle????we shud know something2day rite???

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avatar yessica

I hope we do!!

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avatar Kathy

They’ve approved it. I don’t see the amount we’re getting.

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avatar ariel

i wonder how soon they are going to start disbursing the amounts in question…although i do fee that it is entirely unfair that the lawyers are getting a large chunk of the settlement…

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avatar Jerome W

I think they’re going bypass those who are truly deserving compensation. The Law firm maybe over doing it on their payouts for themselves and the settlement should be more lenient toward the customers who have their money investing in an account at BofA. We’re supporting them but they over tax for small change. Double jeopardy policy action by BofA with over draft fees. I think I have lost over 750-1000 dollars in my banking years with overdraft fees. The $35 dollar fee five days after first overdraft fee is just plain ridiculous to any customer banking account. Com’on man I have monthly direct deposit which should be given a line of credit up to $500 dollars before overdraft fees accummate.

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avatar sherell

i read that it is based on how much overdraft they charged u

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avatar Zachary F

You will recieve at least 9 Percent of the fees you were charged.

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avatar Kathy

What I don’t understand is the high amount that the lawyers get. If I ever get something like this again I will opt out. I don’t think it’s fair that they get so much and we get so little.

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avatar sherell

i dont understand. we could not have been dragged into a lawsuit where our lawyers get more money than us

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avatar Kathy

I don;t understand it either. In the end the lawyers just care about lining their own pocket. They never really cared about helping people.

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avatar sherell

The judge has approved Bank of America’s settlement related to the overdraft class action lawsuit. Bank of America will pay $410 million to affected customers as well as the lawyers who brought the suit. With 13.2 million affected customers in the class, and fees to be paid from the settlement fund to the lawyers and class representatives, the benefits each customer will receive are sure to be less than the value of a refund of even one overdraft fee.

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avatar BROWN

Excuse my language, but I am pissed off. They approved the 410 million settlement and all other customers except the 32 original claimants will receive less than one bank overdraft fee which usually is $35 dollars. Which I would have known to opt out to make sure I wasn’t contributing to the attorneys getting richer.

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avatar yessica

Thats not right!! I hope we find out soon when we are getting our money back and how much.

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avatar Josh

Lawyers do a lot of work to earn money like this. All of you want to complain about their cut, but I bet you don’t want to sit down and dig through apparently 13.2 million accounts to see if they qualify and find a way to contact all these people while at the same time putting together a case against a multi-billion dollar corporation.

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avatar Zachary F

Josh the lawyers did not dig through all of the Banks accounts lol that is just absurd.

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avatar yassir

thank you they pay someone 10/h collect all the millions

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avatar Kathy

That’s exactly how much I got paid working for a lawyer. I did the work when it came to looking for people.

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avatar BROWN

You would work hard too if you knew that adding one more person in the pot would help your cup to overflow with more money. That’s the American way. Use a less fortunate & unknowledgeable person to help you rise to the top.

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avatar Kathy

Without us they wouldn’t have gotten crap but we’re screwed in the long run.

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avatar Danny

We are only getting a minimum of 9 percent. Meaning for every 300 bucks in overdraft fees, your only getting $27 back. The judge is a freaking idiot! The people’s lawyer wanted the lawsuit at 4.5 billion not 410 million. Just get rid of BOA!

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avatar Gabe

Josh, everybody works hard, not that everyone nets $50M! The fact is the lawyers are getting compensated extremely well. So did BoA. Will this settlement prevent this from happening again? When the bank comes out way ahead, and is excused from admitting any wrongdoing? Justice?

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avatar yassir

you must be a lawyer for you to say that s bs they crooks most of them and always overcharge you for they work they do

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avatar yessica

Zachary is right!!

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avatar Josh

My point remains. They did the work so they get paid.

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avatar yassir

they made sure they got paid and the people how hired them( 32) they used us and they did not care if we got paid .bank of america charged me 889 dollars and your going to give 20 bucks fuck that and fuck the lawyers

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avatar matt

they screwed me many times with this,I’m sure I have statements to prove it!! I yelled at customer service MANY time over this.$5 at grocery store costing me an extra $30,$10 gas extra $30.I was never aware of this till I heard the evening news!! I WANT IN!!!!

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avatar alejandro

OK. so bank of america is going to pay all the money but how r we going to get it a check or? and how much money per person ? and how long is it going to take to get the money.

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avatar Zachary F

If you still have a boa account they will credit you. If you do not they will send you a check in the mail. No clue how long it will take..

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avatar Stephanie

You know it’s real sad that we want get much money.I am on a fixed income.So once they screwed me with the OD fees,It seemed like I could never get caught back up.It’s a shame that we probally want get enough money for a water bill or a burger.

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