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Is there a current class action lawsuit against Bank Of America for overdraft fees? If so, how do I join it?

Bronx, NY |

For the last several years BOA has continually charge my account not in the order of my purchases, but in a order that sometimes makes my account become overdrafted. Also, on so many occasions they have charged my account to a merchant even though there is insufficient funds, or no funds in my account, then charge me outrageous overdraft fees build up. I am sick and tired of the overdraft fees because they decided to pay a merchant despite the fact that there is insufficient funds, or no funds in my accounts. HELP!!!

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Attorney answers 3


Have you done a Google search? Try "Bank of America Class Action overdraft fees" and see if anything comes up.

I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 385-8015 or via email at The above answer is for informational purposes only and not meant as legal advice.


Check out this link:

This says they just settled a lawsuit. That being said every class action has a "class period" - a sort of roundabout way of saying time where people in the class were injured. You would need to see if you fell within this class. You could also contact class counsel's office and see if you were included or were "opted out" of the class. Sometimes if you do nothing - you are automatically added to the class.

All of the above being said, class actions don't usually recover tons of money on behalf of the class. Usually its a small amount of money per person and sometimes the defendant (BOA in this matter) will be restrained from doing whatever bad thing they were doing for the future.

Class Actions are a way to resolve large scale litigation, but they can be long, tedious and difficult. Good Luck to you!

The above is not meant to be legal advice. I have not reviewed the factual or legal issues that make up your case. The only way I can provide legal advice to you is review your case on a one to one basis. If you do not seek my advice, then I recommend you seek the advice of another attorney who is competent in this area. My writing above does not constitute an agreement to represent you or participate in your case in any manner. Your claim has certain time limits under the statute of limitations in New Jersey. Thus, if you are planning to pursue this claim, you must do so immediately.


There is a case, and it settled in 2011. A class member appealed and no distributions will be made until that appeal is resolved.

The case is on behalf of consumers that:

Had a Bank of America consumer checking and/or savings account that you could access with

a Bank of America debit card, at anytime between January 1, 2001 and May 24, 2011, and

Were charged one or more overdraft fees as a result of Bank of America’s practice of posting debit card transactions from highest to lowest dollar amount.

You can get more information from the claims administrator, by visiting their website:

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