Class-action settlement: Bank of America customers must file exclusion in $500,000 settlement today

Bank of America customers in Florida must file an exclusion now to opt out of a $500,000 class-action 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, which they claim violated Florida‘s Consumer Collection Practices Act. The law restricts certain conduct when attempting to collect consumer debts. The bank has adamantly denied the claims but agreed to a $500,000 settlement.

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Bank of America customers who are eligible for the settlement but wish to object or be excluded must file through the mail on Tuesday. An exclusion allows the customer to opt out of a settlement while an objection tells the court he or she disagrees with the settlement.

To be eligible, Bank of America customers in Florida had to receive communications from the bank between 9 p.m. and 8 a.m. in their local time zone regarding debt collection starting from April 20, 2020, to the present.

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.”

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Customers must file a request for exclusion through the mail. A final approval hearing is set for Jan. 11, and the deadline to file a claim for the settlement is Jan. 26.

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