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Commonly Asked Questions

1. I recently received a payment dated January 14, 2014.  What is this payment about?

Answer:

The payment you received resolves the class action lawsuit known as Bruce J. Trombley and Ryan Sukaskas v. Bank of America Corporation, C.A. No. 08-456 (D.R.I.).  Payments were mailed on January 14th to both class members who filed a claim by the December 23, 2011 deadline and those who did not.  The payment to each class member who filed a claim was $40 under the Agreement dated September 12, 2013, which is available for viewing at this website.  After these payments were calculated and certain administrative fees were deducted from the settlement fund under the September 12, 2013 Judgment, the remaining settlement funds were divided pro rata across all remaining class members who did not file a claim.  If you did not file a claim by December 23, 2011, you received a pro rata payment. 

2. What was this class action lawsuit about?

Answer:

The plaintiffs in this case are Bruce J. Trombley and Ryan Sukaskas.  They alleged, on behalf of themselves and other similarly situated Bank of America credit cardholders who made payments by telephone, online, or in-person, that Bank of America failed to apply same-day credit to payments made by the plaintiffs to their Bank of America credit card accounts on or before the payment due date, resulting in an assessment of a late payment fee, finance charge, or other fees, penalties or charges to plaintiffs’ accounts.  Plaintiffs alleged that this assessment of fees is in violation of Bank of America’s Cardholder Agreement.  Bank of America denies that it did anything wrong.

3. Why was there a Settlement?

Answer:

The Court did not decide in favor of Plaintiffs or Defendant. Instead, both sides agreed to a Settlement. That way, they avoid the cost of a trial, and the people affected will get compensation quickly. The Class Representatives and Class Counsel think the Settlement is best for everyone who is a member of the Class. 

4. What if I didn’t timely submit a completed Claim Form?

Answer:

If you failed to mail or electronically submit a completed Claim Form by the required deadline, you will receive a pro rata distribution of any settlement funds remaining after those claims members who did file claims have been paid and certain administrative fees have been deducted from the fun under the Agreement dated September 12, 2013 . Sending in a Claim Form late or without all the information will be the same as doing nothing. 

5. When do I get my payment?

Answer:

All payments were mailed on January 14, 2014.

6. What am I giving up to get this payment?

Answer:

Unless you excluded yourself, you are part of the Settlement Class.  The Court orders approving the Settlement and the judgment in the case will apply to you and legally bind you.

Upon Final Settlement Approval, you unconditionally, fully and finally release and forever discharge each of the Defendant Releasees from each of the Released Claims, as defined in Section 2(v) of the Settlement Agreement, and agree to abide by the terms of the Release and Covenants Not To Sue contained in Sections 7 and 8 of the Settlement Agreement.  In so doing, you are agree not to sue Bank of America for the claims covered by the class action.  You can read the full text of the definition of Released Claims, the Release, and the Covenant Not To Sue here

7. How do I get out of this Settlement?

Answer:

The deadline to request exclusion from the class was October 28, 2011.  No additional requests for exclusion will be accepted.

9. If I excluded myself by October 28, 2011, can I get money from this Settlement?

Answer:

No. If you excluded yourself from the Class, you won’t get any money or benefits from this Settlement.

10. Did I have a lawyer in this case?

Answer:

The Court decided that the law firms Donovan Searles & Axler LLC of Philadelphia, PA, Williams Cuker Berezofsky, LLC of Philadelphia, PA, Law Offices of Andrew Kierstead of Portland, OR, and Law Offices of Peter Wasylyk of Providence, RI, are qualified to represent you and all Class Members.  Together these law firms are called “Class Counsel.” They are experienced in handling similar cases against other credit card issuers and banks. More information about these law firms, their practices, and their lawyers’ experience is available at www.donovansearles.com. 

11. How will the lawyers be paid and will there be incentive payments?

Answer:

On September 12, 2013, the Court awarded Class counsel r $1,200,000 in fees and costs.  In addition, the Court awarded each of the Class Representatives a $5,000 service award in recognition of their efforts on behalf of the Class.  

12. How do I tell the Court that I like or do not like the Settlement?

Answer:

The deadline to comment or object to the settlement was October 28, 2011.  No further comments or objections will be considered.

13. When did the Court decide to approve the Settlement?

Answer:

The United States District Court of Rhode Island issued a Judgment on September 12, 2013 approving the Settlement.

14. What happens if I did not take any action related to the class notice?

Answer:

If you did not take any action related to the class notice, you are a member of the Settlement Class and you will get a pro rata payment from the Settlement, as described in Question 1 above. You are not able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Bank of America about the legal issues in this case.

Disclaimer

Please do not contact either Bank of America or the Court about this Settlement. If you have questions, please refer to the Commonly Asked Questions and the other information posted here.

This site is not operated by Bank of America. This Settlement is supervised by the Court and is administered by a claims administration firm that handles all aspects of claims processing. Bank of America is not authorized to respond to questions from members of the Class regarding this Settlement.

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