Claim DeadlineJune 29, 2026former accountholders only · current customers paid automatically
Estimated PayoutPro Rata Share of $2.25M Fundequal share among current and claiming former accountholders
Proof RequiredYesClass Member ID from notice required to file online · name + address accepted by mail
What Is the Bank of America ATM Fee Class Action Settlement?
Did you use a Bank of America debit card at a 7-Eleven ATM and get charged more than
one out-of-network balance inquiry fee for a single visit? You may be eligible for a
pro rata payment from a $2.25 million class action settlement. Current Bank of
America accountholders do not need to do anything; the payment will be applied
directly to your account. Former accountholders must file a claim by June 29, 2026.
The Bank of America class action lawsuit, captioned Schertzer, et al. v. Bank of
America, N.A., et al., Case No. 3:19-cv-00264-DMS-MSB, is pending in the
United States District Court for the Southern District of California before Judge
Dana M. Sabraw. The BofA lawsuit alleges that Bank of America breached its contract
with its customers by charging two out-of-network (OON) balance inquiry fees during
the same ATM visit at FCTI-owned ATMs located inside 7-Eleven stores, even though
the customer performed only one balance inquiry.
Class Representative Brittany Covell argued the double-charging violated the deposit
account agreement between Bank of America and its accountholders. Bank of America
(BANA) denies any wrongdoing and is settling without admitting fault. The Settlement
Administrator is Kroll Settlement Administration. Class Counsel is Lynch Carpenter,
LLP.
30-Second Self-Test: Do I Qualify for the BofA ATM Settlement?
If you can answer yes to the question below, you are likely a Settlement Class
Member.
• Were you a Bank of America accountholder who was charged more than one
out-of-network balance inquiry fee during the same visit to a FCTI, Inc.-owned
ATM inside a 7-Eleven store between May 1, 2018 and November 16, 2021? The
class is defined by Bank of America's records. If your account history shows
duplicate OON balance inquiry fees from a 7-Eleven ATM during the class period, you
qualify.
If you answered yes, your next step depends on your current account status. Class
members who already made a valid claim and received payment in a related lawsuit
(Weiss v. FCTI, Inc., Case No. 37-2024-00016908-CU-BT-NC) are excluded from
this settlement.
Current vs. Former Accountholder: Two Different Tracks
The Bank of America settlement uses a dual-track structure that determines what you
need to do based on whether you still have an open Bank of America account.
Current Bank of America accountholders (no action required). If you still have
an open Bank of America account, you do not need to file a claim. Bank of America
will automatically credit your pro rata share of the Net Settlement Fund directly to
your account after the court grants final approval. You will see a credit on a
statement reflecting the settlement payment. The pro rata amount is calculated based
on the total number of current accountholders and the total number of former
accountholders who submitted valid claims.
Former Bank of America accountholders (claim required by June 29, 2026). If
you closed your Bank of America account after the class period (or before the
settlement was announced), you must file a claim to receive a payment. The fastest
way is to file online at the Settlement Website using your Class Member ID, or you
can download and mail a paper claim form. The claim form asks only for your contact
information and payment selection; no ATM receipts, transaction records, or other
documentation are required because Kroll Settlement Administration already has Bank
of America's records.
If you are not sure whether you are still considered a current accountholder, you
can check the email you received from Kroll Settlement Administration (the notice
indicates your account status) or contact Kroll through the Settlement Website to
confirm.
Where Do I Find My Class Member ID?
The Class Member ID is included in the Email Notice or Postcard Notice that Kroll
Settlement Administration sent to you. The notice was delivered to the contact
information that Bank of America had on file for your account during the class
period.
• Email Notice: Check your email inbox (and the spam, promotions, and
updates folders) for an email from Kroll Settlement Administration referencing
Schertzer v. Bank of America or the OONFeeSettlement.com website. The Class
Member ID is included in the body of the email.
• Postcard Notice: Check your physical mail for a postcard from Kroll
Settlement Administration. The Class Member ID is printed on the postcard.
• Did not receive a notice or cannot locate your Class Member ID?
Contact Kroll Settlement Administration through the official Settlement Website
(OONFeeSettlement.com) with your name and the address Bank of America had on file
during the class period. Kroll can look up your record and provide your Class
Member ID. Alternatively, paper claim forms submitted by mail can be processed using
your name and address even without the Class Member ID, although providing the ID
speeds up verification.
The online claim portal at OONFeeSettlement.com requires the Class Member ID to log
in. The paper claim form can be downloaded from the same Settlement Website and
mailed in without an ID, with Kroll matching the claim against Bank of America's
records using your contact information.
How Much Will I Get From the BofA ATM Fee Settlement?
The $2.25 million Settlement Fund is divided as follows. First, the gross fund is
reduced by court-approved deductions:
• Attorneys' fees of up to 30 percent of the Settlement Amount (up to $675,000)
• Costs of up to $35,000
• Service award to the class representative (subject to court approval)
• Notice and administration costs paid to Kroll Settlement Administration
The remainder is the Net Settlement Fund, which is divided pro rata (equal share)
among current accountholders and former accountholders who submit valid claims.
Because the total number of valid claims and current accountholders will not be
known until after the June 29, 2026 deadline, the final per-claimant dollar amount
cannot be calculated in advance.
For context, the Weiss v. FCTI related case (which involved overlapping conduct from
the ATM operator side) issued payments in similar dollar ranges to affected
consumers. Class members who already received a payment in Weiss v. FCTI are
excluded from this settlement.
What Is an Out-of-Network Balance Inquiry Fee?
An out-of-network balance inquiry fee is a charge that Bank of America applies when
a BofA customer uses an ATM that is not part of Bank of America's own ATM network.
FCTI, Inc.-owned ATMs located inside 7-Eleven convenience stores are out-of-network
ATMs for Bank of America customers. When a BofA customer used a 7-Eleven ATM and
requested only a balance inquiry (without withdrawing cash), Bank of America's
standard practice was to charge the OON balance inquiry fee.
The lawsuit alleges that Bank of America was charging this OON balance inquiry fee
twice during the same ATM visit, even though only one balance inquiry was performed.
For affected customers, this meant a single trip to a 7-Eleven ATM that included a
balance check resulted in two OON fees on the statement instead of one. The
duplicated fee was typically a few dollars per occurrence, but cumulative impact
across the class is substantial enough to support the $2.25 million settlement
fund.
Bank of America denies that the duplicated fee was improper and argues that its
deposit account agreement authorized the practice. The court has not decided which
side is right; the settlement resolves the dispute without a finding of liability.
How to File a Bank of America ATM Fee Claim
Filing is required only for former accountholders. Two methods are available, both
with the same June 29, 2026 deadline.
Method 1: Online (recommended for speed). Visit the official Settlement
Website at OONFeeSettlement.com, log in with your Class
Member ID from the Email Notice or Postcard Notice, complete the online claim form,
and select your preferred payment method (electronic transfer or paper check). Online
claims with electronic payment are typically the fastest path to payment after final
approval.
Method 2: U.S. mail. Download the printable claim form from the Settlement
Website, complete it with your name, contact information, and payment selection, and
mail it to the Settlement Administrator at the address listed on the form. Mailed
claims must be postmarked no later than June 29, 2026. Paper claim forms are paid by
paper check.
If you lost your Class Member ID: Contact Kroll Settlement Administration
through the Settlement Website with your name and the address Bank of America had on
file during the class period. Kroll will look up your record and provide your Class
Member ID. Paper claim forms can also be processed by mail without the Class Member
ID using your name and address alone, although providing the ID speeds verification.
Key Bank of America Settlement Deadlines
• Submit a claim by: Monday, June 29, 2026 (online) or postmarked by
June 29, 2026 (mail) — former accountholders only
• Opt out of the settlement by: Tuesday, July 7, 2026
• Object to the settlement by: Tuesday, July 7, 2026
• Class period covered: May 1, 2018 to November 16, 2021
• Final Fairness Hearing: Friday, August 21, 2026 at 1:30 p.m. Pacific
Time, before Judge Dana M. Sabraw in Courtroom 13A of the U.S. District Court
for the Southern District of California, 333 W. Broadway, San Diego, CA 92101
When Will I Receive My BofA ATM Fee Settlement Payment?
Payments will be issued only after the court grants final approval at the August 21,
2026 fairness hearing and after any appeals are resolved.
• Best case (no appeals): Final approval at the August 21, 2026 hearing,
appeals window closes 30 days after, payments distributed in late 2026 or early
2027.
• If appeals are filed: Distribution can be delayed by 12 to 36 months
while the appellate court reviews the settlement, the fee award, or the allocation
methodology.
How payment arrives depends on your accountholder status and payment selection:
• Current Bank of America accountholders: Payment is applied directly to
your Bank of America account as a credit. You will see it on a statement after the
Effective Date. No action required.
• Former accountholders who filed online with electronic payment:
Electronic transfer to the account or payment method indicated on the claim form.
• Former accountholders who filed online without selecting a payment method,
or who filed by paper claim form: Paper check by U.S. mail to the address on
the claim form.
What Happens If I Do Nothing?
If you are a current Bank of America accountholder, doing nothing is the correct
action. Bank of America will automatically apply the payment to your account after
the court grants final approval. You will be bound by the settlement and will give
up the right to sue Bank of America for the specific claims being released.
If you are a former Bank of America accountholder and you do nothing, you will not
receive a payment, but you will still be bound by the settlement and will give up
the right to sue Bank of America for the specific claims being released. For former
accountholders, doing nothing is generally not the optimal choice because filing a
claim takes only a few minutes and requires no documentation.
How to Opt Out or Object to the Settlement
Class members who do not want to be bound by the settlement have two alternatives,
both with the same July 7, 2026 deadline.
Opting out means giving up the right to receive any settlement payment but
preserving the right to sue Bank of America individually for the same claims.
Opt-out requests must be in writing, postmarked or shipped by July 7, 2026, and sent
to the Settlement Administrator. The request must include your full name, postal
address, personal signature, and a clear statement that you wish to be excluded
from the Settlement Class.
Objecting means staying in the class (and remaining eligible for the payment)
but asking the court to reject or modify the settlement. Written objections must be
filed with the Clerk of Court and mailed to the Settlement Administrator by July 7,
2026. Objections must include detailed information about the objector, the grounds
for the objection, supporting evidence, a list of cases in which the objector or
counsel has objected to prior class action settlements within the last three years,
and the objector's personal signature.
Other Active Bank Fee Class Action Settlements
Bank overdraft and fee class actions have become increasingly common as consumers
challenge bank fee practices in court. If you have received notices about other
bank fee class actions affecting accounts you held at any U.S. financial
institution, check the
OCA database of open class action settlements to see whether
any matching settlements may also pay benefits. Filing one claim does not affect
eligibility for any others.
How Do I Find Class Action Settlements?
Find all the latest class actions you can qualify for by getting notified of new lawsuits as soon as they are open to claims:
• Official Settlement Website: OONFeeSettlement.com
• Schertzer, et al. v. Bank of America, N.A., et al., Case No.
3:19-cv-00264-DMS-MSB, U.S. District Court for the Southern District of California,
Hon. Dana M. Sabraw presiding
• Long Form Notice of Proposed Class Action Settlement
• Class Action Settlement Claim Form
Filing Class Action Settlement Claims
Please submit only truthful information on any Claim. False or fraudulent claims can
be rejected and may lead to penalties. If you are not sure whether you qualify,
review the eligibility information at OONFeeSettlement.com or contact the Settlement
Administrator. OpenClassActions.com is a consumer news site and is not the
Settlement Administrator or a law firm, and we do not process or decide claims.
Equal pro rata share of the Net Settlement Fund based on total current accountholders plus former accountholders who submit valid claims
Claim Form Deadline
Monday, June 29, 2026 (former accountholders only; current accountholders paid automatically)
Opt Out Deadline
Tuesday, July 7, 2026
Object Deadline
Tuesday, July 7, 2026
Final Fairness Hearing
Friday, August 21, 2026 at 1:30 p.m. PT, Courtroom 13A, U.S. District Court, S.D. Cal.
Class Period
May 1, 2018 to November 16, 2021
Court
U.S. District Court for the Southern District of California
Judge
Hon. Dana M. Sabraw
Category
Banking / Consumer Fee Dispute
Defendants
Bank of America, N.A.
Case Number
3:19-cv-00264-DMS-MSB
Case Title
Schertzer, et al. v. Bank of America, N.A., et al.
Class Representative
Brittany Covell
Class Definition
BANA accountholders in the U.S. who were assessed more than one out-of-network balance inquiry fee during the same visit to a FCTI, Inc.-owned ATM located in a 7-Eleven store between May 1, 2018 and November 16, 2021, excluding those who claimed in Weiss v. FCTI
Settlement Administrator
Kroll Settlement Administration
Class Counsel
Lynch Carpenter, LLP
Payment Methods
Direct account credit (current accountholders); electronic transfer or paper check (former accountholders)
Proof Required to File?
Yes — Class Member ID from emailed/mailed notice required to file online (paper claim form accepts name and address without ID)