Welcome to the Informational Website for the Checchia v. Bank of America, N.A., Class Action Settlement.

A settlement has been reached in a class action lawsuit regarding Bank of America’s practice of charging Non-Sufficient Funds (“NSF Fees”) and/or certain Overdraft Fees on checks processed for payment more than one time after having been initially returned for insufficient funds and assessed an NSF Fee. If approved, the Settlement will include BANA’s cash payment of $8,000,000.00 into a common fund. Further, after the initiation of this Action, BANA ceased the practice at the heart of this Action, charging more than one fee on a check that is re-presented for payment, and, as a result of this Settlement, has committed to not re-establish the practice for at least five years.

Read this website carefully. Your legal rights are affected whether you act or do not act.


Your Legal Rights and Options in This Lawsuit
Do Nothing If you were assessed, paid, and were not refunded the types of fees that are being challenged in this case, then you will receive a payment from the Settlement Fund so long as you do not opt-out of the Settlement.
Exclude Yourself You can choose to opt-out of the Settlement which means you are excluding yourself from the Settlement. This means you choose not to participate in the Settlement. You will keep your legal right to bring your individual claims against BANA, but you will not receive a payment from this Settlement. If you opt-out, but still want to recover against BANA, then you will have to file a separate lawsuit or claim.
Object If you do not opt-out, but instead wish to object to the Settlement or any matters described in the Class Notice, you may do so by filing with the Court a notice of your intention to object.
Go to a Hearing Ask to speak in court about the fairness of the Settlement.

Current Status

The Final Fairness Hearing was held on July 24, 2023, and the Court granted final approval of the Settlement on September 21, 2023.


Important Dates
  • June 24, 2023
    Deadline to Exclude Yourself from the Settlement
  • June 24, 2023
    Deadline to Object to the Settlement
  • July 24, 2023, 12:00 p.m.
    Final Approval Hearing