Frequently Asked Questions

  1. Why did I receive a Settlement account credit?

    Settlement Class Members who are current customers of BANA will receive a credit to their BANA accounts for the amount they are entitled to receive from the Settlement Fund by the end of March 2022.

    Account credits will be issued pursuant to the terms of the Settlement Agreement. If you did not exclude yourself from or opt out of the Settlement, you are automatically entitled to an award.

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  2. Why did I receive a Settlement check?

    Settlement Class Members who are former customers of BANA will receive a check for the amount they are entitled to receive from the Settlement Fund. Mailing of checks is expected to commence by end of March, 2022.

    Checks will be issued pursuant to the terms of the class action Settlement Agreement. If you did not exclude yourself or opt out of the Settlement, you are automatically entitled to an award.

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  3. Can I have my Settlement check reissued?

    If you need to have your Settlement check reissued to a new address, please visit the Check Reissue portal to submit your request, or write to the Settlement Administrator at the address listed below. All requests must include your full name, your return address, and your signature.

    Morris v. Bank of America Settlement
    P.O. Box 5645
    Portland, OR 97228-5645

    The deadline for check reissue requests is October 6, 2022.

    If the name of the Class Member on the check should be changed, please send in documentation, as applicable, according to the following list:

    • Name Change – If your name has changed, please provide documentation showing this to be the case, which can include documents such as a marriage certificate, divorce decree, or court papers indicative of a name change.
    • Name Removal – In order to have a name removed from a check reissue, either have both parties on the check sign a letter requesting the name to be removed, or provide documentation that shows one party is unable to negotiate the check (e.g. death certificate).
    • Deceased Class Member – If the Class Member indicated on the check is deceased, please submit acceptable documentation showing that you are the beneficiary of his or her estate. Acceptable documentation is a death certificate, together with the pertinent portion of the Will, or court order/letters testamentary naming you as personal representative, administrator, executor, or executrix.
    • Incapacitated Class Member – If the Class Member cannot act on his or her own behalf, acceptable documentation is a power of attorney or guardianship/custodial paperwork.
    • Closed Business – If you are the legal representative of a business which is no longer active, please include a letter with instructions for the name that should be included on the replacement check as well as documentation proving you are authorized to act on behalf of the business. Documentation may include articles of incorporation, articles of organization, articles of dissolution, or any other similar legal documentation that explicitly states the individual is an acting party for the business.

    We will review the letter and documentation and contact you if more information is required.

    For reasons of security, a check reissue cannot take place until either the original check is received back by us, a mailing has been returned to us as undeliverable, or the original stale date of the check has passed or expired.

    Because one of these events must occur before we can act on your request, it is not possible for us to provide an estimated date for the reissue to take place. We thank you for your patience.

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  4. Can I dispute the amount of my Settlement payment?

    You cannot dispute the amount of your Settlement Payment, and the deadline to object to the Settlement was November 11, 2021.

    The amount of your Settlement Payment is final and represents the amount to which you were entitled under the terms of the Settlement Agreement. The Court approved the Settlement, including the methodology used to compute the amount of Settlement Payments, at the Final Fairness Hearing on January 18, 2022.

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  5. What is this lawsuit about?

    The lawsuit that is being settled is entitled Lisa Morris, et al. v. Bank of America, N.A., (Civil Action No. 3:18-cv-157-RJC-DSC). The Persons who sued are called the “Class Representatives” or “Plaintiffs.” The Defendant is “BANA.” The case is a “class action.” That means that the Class Representatives are acting on behalf of the three Settlement Classes. The transactions at issue occurred between July 1, 2014, and July 29, 2021.

    The first Settlement Class consists of all holders of a BANA consumer checking and/or savings accounts who, during the Class Period, paid and were not refunded a Retry Transaction Fee. Retry Transaction Fees are insufficient fund (“NSF”) and/or overdraft (“OD”) fees that were assessed on an automated clearinghouse (“ACH”) transaction from a consumer checking account that was resubmitted to BANA by the merchant (company to whom the Settlement Class Member made his or her ACH payment) after the merchant’s first request for payment was declined. In other words, you are in the first Settlement Class if you paid more than one NSF or OD Fee for the same attempted ACH payment based on a merchant’s request for that payment more than once.

    The second Settlement Class consists of all holders of a BANA consumer checking and/or savings accounts who, during the Class Period, paid and were not refunded one or more NSF or OD Fees on an ACH payment from their consumer checking account to another BANA account, like a mortgage or credit card. These are referred to as Intrabank Transaction Fees.

    The third Settlement Class consists of all holders of a BANA consumer checking and/or savings accounts who, during the Class Period, paid and were not refunded a NSF and/or OD Fee on a consumer checking and/or savings account transaction that would not have been assessed if BANA had delayed the posting of previously assessed NSF/OD Fees. These are referred to as Fee Accrual Claim Fees.

    BANA denies all wrongdoing and liability and denies that Plaintiffs’ claims entitle them or the Settlement Class Members to any relief and deny that anyone was harmed by the conduct that the Plaintiffs allege.

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  6. Why did I receive notice of this lawsuit?

    You received the Class Notice because BANA’s records indicate that you are in one or more of Settlement Classes that were alleged to have been charged one or more of the fees at issue. The Court directed that the Class Notice be sent to all Settlement Class Members because each Settlement Class Member has a right to know about the proposed Settlement and the options available to him or her before the Court decides whether to approve the Settlement.

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  7. Why did the parties settle?

    In any lawsuit, there are risks and potential benefits that come with a trial versus settling at an earlier stage. It is the Class Counsel's job to identify when a proposed settlement offer is good enough that it justifies recommending settling the case instead of continuing to trial. In a class action, these lawyers make this recommendation to the Class Representatives. The Class Representatives have the duty to act in the best interests of the class as a whole and, in this case, it is their belief, as well as Class Counsel’s opinion, that this Settlement is in the best interest of all Settlement Class Members for at least the following reasons:

    There is legal uncertainty about whether a judge or jury will find that BANA breached its agreements with customers or otherwise acted improperly by assessing the OD and NSF Fees that are the subject of this case. There is also uncertainty about whether the Class Representatives’ claims are subject to other defenses that might result in no or less recovery to Settlement Class Members. Even if the Class Representative were to win at trial, there is no assurance that the Settlement Class Members would be awarded more than the current Settlement Fund, and it may take years of litigation before any payments would be made. By settling, the Settlement Class Members will avoid these, and other risks, and the delays associated with continued litigation.

    While BANA disputes Plaintiffs’ claims, it has agreed to settle to avoid the costs, distractions, and risks of litigation. Thus, even though BANA denies that it did anything improper, it believes the Settlement is in its best interest and in the best interests of all of its customers.

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  8. How do I know if I am part of the Settlement?

    If you received the Class Notice, then BANA’s records indicate that you are a Settlement Class Member who is entitled to receive a payment.

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  9. What options do I have with respect to the Settlement?

    You had three options:

    1. Do nothing and you will receive a payment according to the terms of this Settlement but you give up your rights to sue BANA separately about the same legal claims in this lawsuit;
    2. Exclude yourself from the Settlement (“opt out” of it) and you will not receive any Settlement payment; or
    3. Participate in the Settlement but object to it. Each of these options is described in a separate section below.
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  10. What are the critical deadlines?

    If you did nothing, you will receive a Settlement Payment.

    The deadline for sending a letter to exclude yourself from or opt out of the Settlement was November 11, 2021.

    The deadline to file an objection with the Court was November 11, 2021.

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  11. What must happen for the Settlement to be approved?

    The Court held a Final Fairness Hearing on January 18, 2022, and granted final approval to the Settlement.

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  12. How much is the Settlement?

    BANA has agreed to create a Settlement Fund of $75,000,000.00 (the “Settlement Fund”). As discussed separately below, Attorneys' Fees, expenses, Service Awards to the Class Representatives, and costs to administer the Settlement will be paid out of this amount. Subject to Court approval, the balance of the Settlement Fund will be divided among all Settlement Class Members on a pro rata basis. Additionally, because of this lawsuit, BANA has agreed, for a period of at least five years, to change certain of its practice and stop assessing fees on Retry Transactions. In addition, BANA will implement changes to its consumer account disclosures.

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  13. How much of the Settlement Fund will be used to pay for Attorneys' Fees and costs?

    Class Counsel requested that the Court award up to one-third (33–1/3%) of the Settlement Fund as Attorneys' Fees plus reimbursement of litigation costs incurred in prosecuting the case. The Court decided the amount of the Attorneys' Fees based on a number of factors, including the risk associated with bringing the case, the amount of time spent on the case, the amount of costs incurred to prosecute the case, the quality of the work, and the outcome of the case.

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  14. How much of the Settlement Fund will be used to pay the Class Representatives a Service Award?

    Class Counsel, on behalf of the Class Representatives, will request Service Awards of between $1,000.00 and $10,000.00 to be paid to each of the Class Representatives.

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  15. How much will my payment be?

    The balance of the Settlement Fund after Attorneys' Fees and costs, the Service Awards, and the Settlement Administrator’s fees, also known as the Net Settlement Fund, will be divided among all Settlement Class Members entitled to Settlement Payments in accordance with the formulas outlined in the Settlement Agreement found here. Current customers of BANA will receive a credit to their BANA accounts for the amount they are entitled to receive. Former customers of BANA shall receive a check from the Settlement Administrator.

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  16. Do I have to do anything if I want to participate in the Settlement?

    No. Any amount you are entitled to under the terms of the Settlement will be distributed to you unless you choose to exclude yourself from the Settlement, or opt out. Excluding yourself from the Settlement means you choose not to participate in the Settlement. You will keep your individual claims against BANA, but you will not receive a payment. In that case, if you choose to seek recovery against BANA, then you will have to file a separate lawsuit or claim.

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  17. When will I receive my payment?

    Payments and account credits to Settlement Class Members who are entitled to receive an award from the Settlement Fund will commence by the end of March 2022.

    If you did not exclude yourself or opt out of the Settlement, you are automatically entitled to an award.

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  18. How do I exclude myself from the Settlement?

    The deadline to exclude yourself from, or opt out of this Settlement was November 11, 2021.

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  19. What happens if I opt out of the Settlement?

    If you opted out of the Settlement, you preserved and did not give up any of your rights to sue BANA for the claims alleged in this case. However, you are not entitled to receive a payment from this Settlement. Opting out may have precluded later participation in any future class action against the Released Parties.

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  20. If I exclude myself, can I obtain a payment?

    No. If you excluded yourself, you will not be entitled to a payment.

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  21. How do I notify the Court that I do not like the Settlement?

    The deadline to object to this Settlement was November 11, 2021.

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  22. What is the difference between objecting and requesting exclusion from the Settlement?

    Objecting is telling the Court that you do not believe the Settlement is fair, reasonable, and adequate for the class and asking the Court to reject it. You could only have objected if you did not opt out of the Settlement. If you objected to the Settlement and did not opt out, you are entitled to a payment but you will release claims you might have against BANA. Excluding yourself or opting out is telling the Court that you do not want to be part of the Settlement and do not want to receive a payment or release claims you might have against BANA for the claims alleged in this lawsuit.

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  23. What happens if I object to the Settlement?

    If the Court had sustained an objection of any other Settlement Class Member, then there would be no Settlement. If you objected, but the Court overruled your objection and any other objection(s), then you are part of the Settlement.

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  24. When and where will the Court decide whether to approve the Settlement?

    The Court held a Final Fairness Hearing January 18, 2022, and granted final approval to the Settlement.

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  25. May I speak at the hearing?

    If you have objected, you could have asked the Court for permission to speak at the Final Fairness Hearing. The Court held a Final Fairness Hearing January 18, 2022, and granted final approval to the Settlement.

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  26. What happens if I do nothing at all?

    If you did nothing at all, you will receive a payment that represents your share of the Settlement Fund less Attorneys' Fees, Settlement Administrator expenses, and the Class Representatives’ Service Awards. You are considered part of the class, and you gave up claims against BANA for the conduct identified in the Settlement. You did not give up any other claims you might have against BANA that were not released in this Settlement.

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  27. Do I have a lawyer in this case?

    The Court ordered that the lawyers and their law firms referred to in the Notice as “Class Counsel” will represent you and the other Settlement Class Members. You may hire your own attorney at your own expense if you desire to do so, but you do not have to.

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  28. Do I have to pay the lawyer for accomplishing this result?

    No. Class Counsel was paid directly from the Settlement Fund.

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  29. Who determines what the Attorneys' Fees will be?

    The Court approved the amount of Attorneys' Fees at the Final Fairness Hearing. Class Counsel filed an application for fees and costs and specified the amount being sought as discussed above. You may review a copy of the fee application here.

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  30. How do I get more information?

    This website only summarizes the proposed Settlement. For additional information about the Settlement and/or to obtain copies of the Settlement Agreement, the pleadings in this case, please review the Important Documents page. To change your address for purposes of receiving a payment, you should contact the Settlement Administrator as follows:

    Morris v. Bank of America Settlement
    P.O. Box 5645
    Portland, OR 97228-5645
    1-855-654-0890 (Toll-Free)

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