Welcome to the Information Website for the Swift v. Bank of America TCPA Settlement

A Settlement has been reached in a class action lawsuit against Bank of America Corporation, NB Holdings Corporation, and FIA Card Services, N.A., alleging violations of the Telephone Consumer Protection Act (“TCPA”).

The Plaintiff brought a lawsuit alleging that Bank of America Corporation, NB Holdings Corporation, and FIA Card Services, N.A. (collectively, “Defendants”) violated the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227, et seq., by contacting Class Members through auto-dialed and/or pre-recorded calls or text messages to their cell phones regarding a Bank of America account other than their own without prior express consent to receive such calls or text messages between February 1, 2013 and April 21, 2016. Defendants deny any wrongdoing or liability.

A settlement has been reached in this case, which affects individuals who were contacted by Defendants between February 1, 2013 and April 21, 2016.

The Settlement, if approved by the Court, would provide $1,000,000.00 to pay: (i) the claims of Plaintiff and Class Members resulting from the above-described contacts made by Defendants, (ii) a service award to Plaintiff, (iii) attorneys’ fees, costs and expenses to Class Counsel, and (iv) the administrative costs of the Settlement. Each Class Member will receive a check for his, her, or its equal share of the Settlement Fund. The check received by each Class Member will not be less than $15 and not more than $25.

Your legal rights are affected whether you act or don’t act.

YOUR LEGAL RIGHTS IN THIS SETTLEMENT
Object Write to the Court and Settlement Administrator about why you believe the Settlement, Plan of Distribution, or their terms are unfair.
Exclude Yourself Request to be excluded and get no benefits from the Settlement. This is the only option that allows you to start or continue your own lawsuit against the Defendants for the claims at issue in the Settlement.
Go to a Hearing Ask to speak in Court about the fairness of the Settlement, Plan of Distribution, or their terms.
What if I Do Nothing? If you do nothing and the Settlement is approved by the Court, you will receive a check for your equal pro rata amount.

Important Dates

  • Class Period
    February 1, 2013 to April 21, 2016
  • May 30, 2016
    Deadline to Object to the Settlement
  • May 30, 2016
    Deadline to Exclude Yourself from the Settlement
  • July 13, 2016 at 1:30 p.m.
    Final Settlement Approval Hearing