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Received a Postcard From Bank of America But No Check?

This article was written by in Banking. 7 comments.


If you’ve received a postcard from Bank of America informing you that you should expect to receive a check as part of the overdraft lawsuit, but you haven’t received a check, you may be wondering what you can do. Consumerism Commentary receives many questions about these checks because I’ve written about them and the lawsuit itself several times over the past few years.

Those who have received checks since they began sending them out last year have discovered that they are receiving only a small portion of what they’ve paid in overdraft fees. Some are receiving checks with a value below a dollar. Some are receiving hundreds of dollars, as they report, but these households must have paid thousands of dollars in overdraft fees to qualify for refunds that high. So if you haven’t received your check yet, don’t get your hopes up for a sizable refund unless you’ve somehow paid thousands of dollars in fees.

You may have missed your check in the mail. It, like the initial communication from Bank of America, takes the form of a postcard. Because checks don’t usually come in the form of postcards, many recipients are not identifying them as such and potentially throwing them in the garbage along with junk mail.

In November 2012, when the initial batch of checks were mailed, addresses for many former Bank of America customers were not available. Over the past year, the settlement administrators have been trying to locate new addresses for many of the members of the class action who didn’t receive the settlement checks because they couldn’t be located. In September 2013, the lawyers who represent the settlement sent out a new batch of these postcard checks because they were able to identify addresses for former Bank of America customers.

The attorneys want to make it as difficult as possible for those who deserve the refunds to receive and deposit the checks. The checks sent in September 2013 become void after 90 days, which is very aggressive. Often companies that issue checks that aren’t cashed until after the void date will still honor those checks, but these attorneys will not honor expired refund checks. Furthermore, if you need to have your check reissued for any reason, the deadline to request this was October 18. This is a policy designed to ensure as few people as possible cash or deposit these refund checks.

Compounding the problem is the fact that some bank tellers and even some supervisors seem unaware that these postcards are legitimate checks. Technically, I could write a check to you on the back of a napkin, and as long as the napkin includes my name, your name, and an amount a bank should honor it if it can find our accounts. The check doesn’t even need to include account numbers or routing information.

If your address changed since you had a Bank of America account and you believe your check was not or will not be sent to the correct address, you’ll need to write a letter requesting the address change to the following address:

Checking Account Overdraft Litigation
P.O. Box 2505
Faribault, MN 55021-9505

The lawyers may issue another round of checks in the future. If you have any further questions, you can call the settlement administrator at 1-800-372-2390, but I don’t know how much success you’ll have trying to contact the attorneys over the phone.

Have you not received your overdraft refund check from Bank of America? Share your updates by leaving comments below this article.

Published or updated October 22, 2013. 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 .

{ 7 comments… read them below or add one }

avatar qixx ♦1,890 (Half-Dollar)

Is it the Bank or the Lawyers that get to keep any funds not claimed?

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avatar Luke Landes ♦127,485 (Platinum)

That’s a great question. The lawyers are already keeping 30% of the entire $410 million settlement fund. None of the $410 million will get back to Bank of America, it will all be “distributed or spent in support of the Settlement,” unless the settlement terminates, and that is possible. This is the cy pres clause of the settlement agreement, which indicates the money in the settlement fund left over due to the inability to contact former Bank of America customers will be donated to charities with the following purpose (listed in paragraph 91 of the settlement agreement):

This cy pres distribution is intended to benefit consumer financial literacy education, and to educate and assist customers with financial services issues through advisory and related services (excluding litigation).

But earlier this year, a judge ordered that the settlement administrators try harder to find class members for the remaining $50 million in the fund, and overturned the cy pres agreement. Regardless, there’s no guarantee that the money left over after all possible affected former Bank of America customers have been found will be spent wisely for the benefit of consumers.

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avatar Rita Beavers

Hello why have I not yet received my check yet. My mother got her’s. My father and I are still waiting for them to come. I received the $6.00 check back in 2011 and no other money has been given since(I don’t think anyway lol). Please help me understand why? I signed up for the class action suit in 2010 got the paper and my statements. If you need anything from me or my dad. Please let me know by email or Mail 133 Tiffany Lane Lehighton PA 18235. Please get back to me
Thank You please get back to me fast
Rita Beavers

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avatar Luke Landes ♦127,485 (Platinum)

Hi Rita,

This website is not associated with the settlement administrator. You’ll need to send a letter to the address listed above or call the phone number. I wish I could help but I’m just a writer who’s been covering the Bank of America overdraft settlement for a few years. The check you received in 2011 must have been for a different lawsuit; the checks for this particular settlement were initially sent out in 2012 and you didn’t have to sign up to be included. Good luck!

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avatar Rita Beavers

Thank You have a good day

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avatar sandra olguin

My son and I received that famous postcard telling us that we would be included in the lawsuit, but neither of us have received any check. BofA charged my son considerably more than they did me, and still nothing. My son has a wife and kid to support and has been in a car accident that left him with some serious back injuries. Do you thing BofA would care. H— no!!!!

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avatar Aeriale Stinson

I just received a check for 7.91, dated 2-14-14 is this all I am going to get back for the thousands of dollars taken from me?

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