Welcome to the In re Bank of America Credit Protection Marketing and Sales Practices
Litigation, Case No. 3:11-md-02269-TEH (the “MDL Litigation”) Settlement
Update: Check reissue requests are no longer being honored. Pursuant to paragraph IV.5. of the Settlement Agreement, remaining funds will be sent to the cy pres recipient, Center for Responsible Lending.
At the request of the Parties, on May 28, 2013 the Court issued the Stipulation
and Order Extending Distribution Deadline.
All appeals have been resolved and the settlement fund has been funded in full.
Those claimants with deficient claims, specifically those for whom additional follow-up
has become necessary to ascertain intent, were sent a postcard on June 6, 2013 with
a Claim ID, a PIN and instructions to be used to correct their deficiency on this
website within 21 days.
The distribution to valid claims is now set to occur on or before July 22, 2013.
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Action Administrator, c/o Gilardi & Co. LLC, P.O. Box 8060, San Rafael, CA 94912-8060
para solicitar la versión en español de este Aviso y te enviaremos una copia por
IF YOU WERE ENROLLED IN BANK OF AMERICA CORPORATION’S AND FIA CARD SERVICES
N.A.’S (“DEFENDANTS”) CREDIT PROTECTION PROGRAMS BETWEEN JANUARY 1, 2006 AND JULY
17, 2012, THIS NOTICE DESCRIBES YOUR RIGHTS IN CONNECTION WITH A SETTLEMENT OF A
LAWSUIT AND YOUR POTENTIAL RECOVERY
You may be entitled to a payment from a proposed class action settlement described
below (the “Settlement”). In the lawsuit titled In re Bank of America Credit Protection
Marketing and Sales Practices Litigation, Case No. 3:11-md-02269-TEH, Settlement
Class Representatives asserted claims that Defendants engaged in unlawful practices
concerning various Credit Protection programs, including but not limited to: Credit
Protection Plus, Cardholder Security Plan, Credit Protection Plan, Credit Protection
Deluxe, and Fleet Credit Protect Plan (collectively “Credit Protection”). In particular,
the lawsuit alleged that Defendants (i) involuntarily enrolled certain customers
in Credit Protection; (ii) engaged in improper marketing practices in their representations
of Credit Protection’s coverage and benefits; and/or (iii) enforced exclusions contrary
to the expectations of customers or improperly denied benefits requests. Defendants
have denied all of the Settlement Class Representatives’ claims and deny any wrongdoing
and any liability to the Settlement Class Representatives, or any Settlement Class
Member, in any amount.
In settlement of the action, Defendants have agreed to pay the total amount of twenty
million dollars ($20,000,000). Defendants are terminating the Credit Protection
products for independent business reasons. As part of the Settlement, Defendants
have agreed to practice changes in the administration of Credit Protection during
the period it remains in existence as well as to provide two months of Credit Protection
at no cost for current enrollees during the wind-down period.
This notice is only a summary. Details of the proposed settlement, including
the full Notice, are available
here. You may also obtain copies of documents posted on this website here.
Settlement Class Members may (1) file a claim for money from the Settlement, (2)
exclude themselves from the Settlement, or (3) object to the Settlement. Class Counsel
estimate that Settlement payments will be $50 or $100, depending on your circumstances,
but may be more or less based on various factors, including the number of claims
submitted. You cannot receive a payment unless your claim is submitted or postmarked
on or before February 26, 2013.
The Settlement Agreement also permits Settlement Class Representatives and their
attorneys to ask the Court for no more than $6.6 million dollars ($6,600,000) in
attorneys’ fees, costs, and service awards for the Settlement Class Representatives
of no more than $3,000.00. All attorneys’ fees and costs and service awards will
be deducted from the total Settlement Amount. Class Counsel will post their application
for attorneys’ fees and costs on the settlement website on or before November 28,
The Court will hold a hearing to consider whether to approve the Settlement on January
14, 2013 at 10:00 a.m. before the Honorable Thelton E. Henderson, District Court
Judge, United States District Court for the Northern District of California, 450
Golden Gate Avenue, San Francisco, CA 94102-3489. The full Notice explains what
to do if you want to appear at the hearing. Requests to appear must be made by December
13, 2012. You may also enter an appearance through your own attorney if you desire.
THIS IS ONLY A SUMMARY OF THE SETTLEMENT AND YOUR RIGHTS. TO OBTAIN THE FULL
CLASS NOTICE CLICK
HERE OR FOR MORE INFORMATION ABOUT YOUR OPTIONS, WRITE TO BANK OF AMERICA
CLASS ACTION ADMINISTRATOR, C/O GILARDI & CO. LLC, P.O. BOX 8060, SAN RAFAEL, CA
94912-8060. DO NOT CALL OR WRITE TO
THE COURT OR THE CLERK OF THE COURT OR CONTACT DEFENDANTS ABOUT THE SETTLEMENT.