A Court-authorized Notice was issued because you have a right to know about the proposed Settlement of a class action lawsuit known as Jette v. Bank of America, N.A., Case No. 2:20-cv-06791-SDW-LDW, which is pending in the United States District Court for the District of New Jersey, and about all of your options before the Court decides whether to give final approval to the Settlement. This Notice explains the lawsuit, the Settlement, and your legal rights.
Magistrate Judge Leda D. Wettre of the United States District Court for the District of New Jersey is overseeing this case. The person who sued is called the “Plaintiff.” Bank of America, N.A. (herein after “BANA”), is the “Defendant.”
To view a copy of the Notice, click here.Back To Top
This class action concerns the alleged overpayment of interest based on allegedly confusing payment options. Plaintiff alleges that BANA violated the New Jersey Consumer Fraud Act, breached uniform credit card agreements, breached the covenant of good faith and fair dealing, and was unjustly enriched due to its actions in not adequately disclosing that the “Amount Due” payment option offered in connection with BANA's eBill AutoPay for BANA credit cards was the same as paying the “Minimum Amount Due” and would result in payment of only the minimum amount due and not the full amount due, which resulted in customers choosing “Amount Due” when they intended to pay the account balance.
BANA strongly denies all of Plaintiff’s claims, denies all allegations of wrongdoing, fault, liability or damage of any kind to Plaintiff or the Settlement Class, denies that it acted improperly or wrongfully in any way, and is entering into this Settlement to avoid burdensome and costly litigation. The Settlement is not an admission of wrongdoing.
The Settlement resolves the lawsuit. The Court has not decided who is right.
The Plaintiff’s Amended Complaint, the Class Action Settlement Agreement and Release (“Settlement Agreement”), and other case-related documents are posted on the documents page of this website, here.Back To Top
You are a member of the Class if you currently or formerly (1) have a Bank of America credit card, (2) enrolled in Bank of America’s eBill AutoPay for your credit card, (3) selected the “Amount Due” payment option between June 4, 2014, and March 7, 2021, and (4) as of May 21, 2021, switched your payment option from “Amount Due” to “Account Balance” after making an “Amount Due” payment and being assessed interest. You may contact the Settlement Administrator if you have any questions as to whether you are in the Settlement Class.
The following persons are excluded from the Settlement Class: Defendant; any entities in which it has a controlling interest; its agents and employees; any Judge to whom this action is assigned and any member of such Judge’s staff and immediate family; and persons who validly and timely exclude themselves using the procedure set forth in FAQ 8.Back To Top
The Settlement establishes a $5.95 million Settlement Fund for the benefit of the Settlement Class. Without the need to file a claim form, all Settlement Class Members will automatically receive a check representing a pro rata share of the Net Settlement Fund (the Settlement Fund less a Service Award in the sum of $7,500 for Plaintiff; attorneys’ fees up to and not to exceed 33.33% of the Settlement Fund and costs and expenses; and Notice and Administration Expenses) based on the total number of Settlement Class Members and total amount of interest paid by Settlement Class Members from when their initial selection of "Amount Due" became effective to when their switch of payment options from "Amount Due" to "Account Balance."
Payments to Settlement Class Members will exhaust the Net Settlement Fund. No money will be returned to BANA. Any monies left in the Settlement Fund will be donated to the Center for Responsible Lending.Back To Top
You do not need to return a claim form to get a cash payment because BANA’s records show that you are or may be a Settlement Class Member, and all Settlement Class Members will receive their pro rata share of the Net Settlement Fund. If the Court approves the Settlement and it becomes final and effective, you will automatically receive a payment.Back To Top
The Court will hold a Final Approval Hearing at 10:00 a.m. on November 17, 2021, in Newark, New Jersey, to decide whether to approve the Settlement. If the Court approves the Settlement, there may still be appeals. It is always uncertain whether and when these appeals can be resolved, and resolving them can take time—perhaps more than a year. If there are no appeals or other delays, you should be sent your cash payment via check within 60 days of the entry of the Final Approval Order. Please be patient and check this website frequently for any updates.Back To Top
If you do nothing, you will still be entitled to get money from the Settlement. Unless you exclude yourself, you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against BANA about the legal issues in this case. For more information about the release of claims, please see FAQ 15.Back To Top
If you do not wish to be included in the Class and receive settlement benefits, you must send a letter stating that you want to be excluded from this lawsuit.
Be sure to include the following:
You must mail your exclusion request to the following address:
BANA Credit Card Auto Payment Settlement Administrator
P.O. Box 6386
Portland, OR 97228-6386
It must be postmarked no later than September 11, 2021. If you ask to be excluded, you will not get any settlement payment, and you cannot object to the Settlement. You will not be legally bound by anything that happens in this lawsuit. You may be able to sue (or continue to sue) BANA in the future.
If you have a pending lawsuit against BANA, speak to your lawyer immediately. You may need to exclude yourself from this lawsuit in order to continue your own lawsuit. Remember, the exclusion date is September 11, 2021.Back To Top
No. Unless you exclude yourself, you give up the right to sue BANA for the claims that the Settlement resolves. You must exclude yourself from this Settlement Class in order to try to pursue your own lawsuit. For more information about the release of claims, please see FAQ 15.Back To Top
No. You will not receive a payment if you exclude yourself from the Settlement.Back To Top
The Court appointed the law firms of Tycko & Zavareei LLP and Miller Shah, LLP to represent you and other Settlement Class Members. These lawyers are called Class Counsel. If you want to be represented by your own lawyer, you may hire one at your own expense.Back To Top
Class Counsel will ask the Court to award them attorneys’ fees of up to 33.33% of the Settlement Fund and will also seek reasonable expenses incurred in connection with prosecuting this case.
Plaintiff will also ask the Court to award him an amount not to exceed $7,500 for his time and effort acting as Plaintiff and for his willingness to bring this Litigation and act on behalf of consumers.Back To Top
If you are a Settlement Class Member and do not exclude yourself, you can object. To object, you must file an objection with the Court saying that you object to the Settlement in Jette v. Bank of America, N.A, Case No. 2:20-cv-06791-SDW-LDW.
The written objection must include the following:
This objection must be filed with the Court and served on Class Counsel no later than September 11, 2021. Send your objection to the following addresses:
|Clerk of the Court||Class Counsel||Defense Counsel|
United States District Court District of New Jersey
Martin Luther King Building & U.S. Courthouse
50 Walnut Street
Newark, NJ 07102
Hassan A. Zavareei
Tycko & Zavareei LLP
1828 L Street NW, Suite 1000
Washington, DC 20036
William K. Pao
O’Melveny & Myers LLP
400 South Hope Street, 18th Floor
Los Angeles, CA 90071
Objecting is telling the Court that you do not like something about the Settlement. You can object only if you stay in the Settlement Class. Excluding yourself is telling the Court that you do not want to be part of the Settlement Class or the lawsuit. You cannot request exclusion and object to the Settlement. If you exclude yourself, you have no basis to object because the case no longer affects you.Back To Top
If the Court approves the proposed Settlement and you do not request to be excluded from the Class, you must release (give up) all claims that are subject to the Release described and identified in Section V of the Settlement Agreement and the case will be dismissed on the merits and with prejudice. If you remain in the Settlement Class you may not assert any of those claims in any other lawsuit or proceeding. This includes any other lawsuit or proceeding already in progress. Each Settlement Class Member who does not exclude himself or herself from the Settlement Class will also be bound by all of the decisions by the Court.
The Settlement Agreement provides more detail regarding the release and describes the Released Claims with specific descriptions in necessary, accurate legal terminology, so read it carefully. You can talk to the law firms representing the Settlement Class listed in FAQ 11 for free, or you can, at your own expense, talk to your own lawyer if you have any questions about the released claims or what they mean.
To view a copy of the Settlement Agreement, click here.Back To Top
The Judge will hold a Final Approval Hearing at 10:00 a.m. on November 17, 2021, at the Martin Luther King Building & U.S. Courthouse, 50 Walnut Street, Newark, NJ 07102. The hearing may be moved to a different date or time without additional notice, or it may be changed to a telephonic hearing, so it is a good idea to check this website frequently for updates.
At this hearing, the Judge will consider whether the Settlement is fair, reasonable, and adequate. If there are objections, the Judge will consider them. The Judge will listen to people who have asked to speak at the hearing. After the hearing, the Judge will decide whether to approve the Settlement. We do not know how long this decision will take.Back To Top
No. Class Counsel will answer any questions the Judge may have, but you are welcome to come at your own expense. If you submit an objection, you do not have to come to the Court to talk about it. As long as you deliver your written objection on time, the Judge will consider it. You may also pay your own lawyer to attend, but it is not necessary.Back To Top
You may ask the Court for permission to speak at the Final Approval Hearing. To do so, you must file with the Court a Notice of Intention to Appear in Jette v. Bank of America, N.A., Case No. 2:20-cv-06791-SDW-LDW.
Be sure to include your name, address, telephone number, signature, and statement that you are a member of the Settlement Class (i.e., that you had a Bank of America credit card, enrolled in eBill AutoPay, and selected the “Amount Due” payment option, were assessed interest after making an “Amount Due” payment, and then switched your payment option to “Account Balance” during the time period set forth in FAQ 3).
Your Notice of Intention to Appear must be filed no later than September 11, 2021, and be provided to the Clerk of the Court, Class Counsel, and Defense Counsel at the addresses listed in FAQ 13. If the hearing will be held telephonically, a call in number will be provided for those who file a Notice of Intent to Appear.Back To Top
You may view a copy of the Settlement Agreement here
You may contact Class Counsel, and write with questions to the Settlement Administrator at the following address:
BANA Credit Card Auto Payment Settlement Administrator
P.O. Box 6386
Portland, OR 97228-6386
You may also call the toll-free number 1-855-535-1849.
Do not contact BANA or the Court for information.Back To Top