Bank of America Pays $2.85M Settlement for Alleged Violations of NY's Exempt Income Protection Act

Deadline
Deadline: May 19, 2025
Total Settlement Amount
Total amount allocated for all claims
Individual Payout Range
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No proof of purchase is required to benefit from the settlement. Class members who do not exclude themselves will automatically receive settlement benefits.
Settlement Summary
Bank of America has agreed to pay a hefty $2.85 million settlement to resolve allegations of violating New York's Exempt Income Protection Act (EIPA). Under the EIPA, creditors are prohibited from freezing bank accounts that contain less than a certain amount of money, known as the "exempt amount". However, Bank of America was accused of exploiting a loophole in the law by aggregating judgment debtors' accounts and using that total to calculate the exempt amount, instead of calculating it on a per-account basis. Moreover, the plaintiffs claim that the bank issued certified checks for exempt funds, rather than leaving these funds accessible in the account holders' accounts, while allegedly charging fees in violation of the EIPA. Despite not admitting any wrongdoing, the settlement will benefit Bank of America account holders who had their accounts restrained or levied upon between January 1, 2009 and February 17, 2023. Each class member can receive a cash payment based on the number of restraint fees they were charged, estimated to be around $35. Additionally, Bank of America has agreed to change its business practices.
Entities Involved
Eligibility Requirements
- Bank of America account holders who had their accounts restrained or levied upon between Jan. 1, 2009, and Feb. 17, 2023
- Accounts were not applied by a sheriff or receiver to satisfy a judgment
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