Dennie, et al. v. Bank of America, N.A.

• There is a proposed settlement (“Settlement”) in the class action lawsuit Kimberly Dennie, et al. v. Bank of America, N.A., Case No. 3:24-cv-00454-MOC-DCK (the “Class Action” or “Action”), which claims that Bank of America, N.A. (“Bank of America”) violated the Electronic Fund Transfer Act (the “EFTA”) by: (a) improperly denying claims by accountholders of unauthorized electronic fund transfer(s) related to debit card or ATM transactions, (b) failing to provide sufficient explanation regarding the basis for its denial, and (c) failing to provide, upon request by an Accountholder, documents relied on in making its determination. Bank of America denies that it did anything wrong, but it agreed to the Settlement to avoid the uncertainties and expenses associated with continuing the case. The Court has not decided which side is right.
• Settlement Class Members will be eligible to receive a pro rata (meaning equal) portion of the Settlement Fund if they submit a valid and timely Claim Form. As part of the Settlement, Bank of America also has agreed to implement changes to the written communications sent to Accountholders whose claims of unauthorized electronic fund transfers related to debit card and ATM transactions are denied.
• The EFTA allows a person who believes a financial institution wrongly denied their claim that an electronic fund transfer on their account was unauthorized to seek a certain amount of damages specified in the statute (statutory damages), as well as damages actually suffered (actual damages).  This settlement would resolve and release only claims for the former (statutory damages).  Except with respect to the named Plaintiff Layne, this Settlement does not release any claims for actual damages based on or related to Bank of America’s purported improper denial of a claim of unauthorized electronic transfer(s) for debit card or ATM transactions.
• The Court will hold a Final Approval Hearing on January 4, 2027, at 11:30 AM EST at the United States District Court for the Western District of North Carolina, in Courtroom #5A, 401 W. Trade St, Charlotte, NC 28202. The motion for final approval and application for attorneys’ fees, costs, and a service award for the Class Representative, will be posted on the Settlement Website prior to the Final Approval Hearing.

IF YOU ARE A SETTLEMENT CLASS MEMBER, YOUR LEGAL RIGHTS ARE AFFECTED WHETHER YOU ACT OR DON’T ACT