Class-action settlement: Bank of America customers have 14 days to file exclusion in $500K communications settlement

Florida customers of Bank of America have 14 days to request to be excluded from a $500,000 settlement stemming from late-night debt collection messages.

Plaintiffs in the class-action lawsuit against Bank of America alleged that the bank sent consumer account communications between 9 p.m. and 8 a.m., which they claim violated Florida’s Consumer Collection Practices Act. The law restricts certain conduct when attempting to collect consumer debts.

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The bank denied the claims but agreed to a $500,000 settlement.

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 since April 20, 2020, are eligible for the settlement.

Eligible bank customers who wish to object to the settlement or be excluded altogether must file through the mail by Dec. 12. An exclusion essentially means opting out of a settlement, while an objection is telling the court you disagree with the settlement.

A request for exclusion should include the case name; name, address, and telephone number of the settlement class member; the email address or cellphone number that was sent a communication by the defendant; personal signature from the class member requesting exclusion; and contain 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.”

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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 date is on Jan. 11, and the deadline to file a claim for the settlement is Jan. 26.

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