Class-action settlement: Bank of America customers have seven days to file exclusion in $500,000 communications settlement

Bank of America customers who live in Florida have seven days to exclude themselves from a $500,000 settlement stemming from late-night debt collection messages.

Plaintiffs in the class-action lawsuit alleged Bank of America sent consumer account communications late at night. The plaintiffs argue this violated Florida’s Consumer Collection Practices Act, a law that restricts certain conduct when attempting to collect consumer debts.

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Bank of America customers in Florida who received communications from the bank between 9 p.m. and 8 a.m. in their local time zone regarding debt collection from their accounts beginning April 20, 2020, to the present are eligible for the settlement.

The bank has adamantly denied the claims but agreed to a $500,000 settlement. Bank customers who are eligible for the settlement but wish to object or be excluded must file through the mail by Dec. 12. An exclusion allows the customer to opt out of a settlement, while an objection tells the court he or she disagrees with the settlement.

Customers who file a claim can receive up to $500, and exact payments will vary based on the number of submitted claims.

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Customers must file a request for exclusion through the mail and cannot do it through the phone, email, or settlement website. A final approval hearing is set for Jan. 11, and the deadline to file a claim for the settlement is Jan. 26.

A request for exclusion should include the case name; the name, address, and telephone number of the settlement class member; the email address or cellphone number that was sent a communication by the defendant; the personal signature from the class member requesting exclusion; and a statement that indicates the desire to be excluded from the settlement, such as, “I hereby request that I be excluded from the proposed Settlement Class.”