A Court-authorized Notice was issued because you had 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, in the United States District Court for the District of New Jersey, and about all of your options before the Court decided to give final approval to the Settlement. This Notice explained 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 oversaw 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 concerned the alleged overpayment of interest based on allegedly confusing payment options. Plaintiff alleged 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 denied all of Plaintiff’s claims, denied all allegations of wrongdoing, fault, liability or damage of any kind to Plaintiff or the Settlement Class, denied that it acted improperly or wrongfully in any way, and entered into this Settlement to avoid burdensome and costly litigation. The Settlement was not an admission of wrongdoing.
The Settlement resolved the lawsuit. The Court did not decide 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 were 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 were in the Settlement Class.
The following persons were 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 was assigned and any member of such Judge’s staff and immediate family; and persons who validly and timely excluded themselves using the procedure set forth in FAQ 8.Back To Top
The Settlement established 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 have been a Settlement Class Member, and all Settlement Class Members will receive their pro rata share of the Net Settlement Fund.Back To Top
The Court held a Final Approval Hearing and entered the Final Order and Judgment on November 17, 2021. However 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 Order and Judgment. Please be patient and check this website frequently for any updates.Back To Top
If you did nothing, you will still be entitled to get money from the Settlement. Unless you excluded 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
The deadline to Exclude yourself the Settlement passed on September 11, 2021.Back To Top
No. Unless you excluded yourself, you gave up the right to sue BANA for the claims that the Settlement resolves. You must have excluded 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 excluded 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 wanted to be represented by your own lawyer, you may have hired one at your own expense.Back To Top
Class Counsel have asked 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
The deadline to Object to the Settlement passed on September 11, 2021.Back To Top
Objecting was telling the Court that you did not like something about the Settlement. You could object only if you stayed in the Settlement Class. Excluding yourself was telling the Court that you do not want to be part of the Settlement Class or the lawsuit. You could not request exclusion and object to the Settlement. If you excluded yourself, you have no basis to object because the case no longer affects you.Back To Top
If you did not request to be excluded from the Class, you released (gave 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 have 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 did not exclude himself or herself from the Settlement Class was 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 held 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 Judge granted Final Approval of the Settlement on November 17, 2021.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