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Para ver en espanol, haga click aqui o llama al 1-888-213-5294. Tambien puedes escribir a Bank of America Class Action Administrator, c/o Gilardi & Co. LLC, P.O. Box 8060, San Rafael, CA 94912-8060 para solicitar la version en espanol de este Aviso y te enviaremos una copia por correo.
IF YOU WERE ENROLLED IN BANK OF AMERICA CORPORATION’S AND FIA CARD SERVICES N.A.’S (“DEFENDANTS”) CREDIT PROTECTION PROGRAMS BETWEEN JANUARY 1, 2006 AND JULY 17, 2012, THIS NOTICE DESCRIBES YOUR RIGHTS IN CONNECTION WITH A SETTLEMENT OF A LAWSUIT AND YOUR POTENTIAL RECOVERY
You may be entitled to a payment from a proposed class action settlement described below (the “Settlement”). In the lawsuit titled In re Bank of America Credit Protection Marketing and Sales Practices Litigation, Case No. 3:11-md-02269-TEH, Settlement Class Representatives asserted claims that Defendants engaged in unlawful practices concerning various Credit Protection programs, including but not limited to: Credit Protection Plus, Cardholder Security Plan, Credit Protection Plan, Credit Protection Deluxe, and Fleet Credit Protect Plan (collectively “Credit Protection”). In particular, the lawsuit alleged that Defendants (i) involuntarily enrolled certain customers in Credit Protection; (ii) engaged in improper marketing practices in their representations of Credit Protection’s coverage and benefits; and/or (iii) enforced exclusions contrary to the expectations of customers or improperly denied benefits requests. Defendants have denied all of the Settlement Class Representatives’ claims and deny any wrongdoing and any liability to the Settlement Class Representatives, or any Settlement Class Member, in any amount.
In settlement of the action, Defendants have agreed to pay the total amount of twenty million dollars ($20,000,000). Defendants are terminating the Credit Protection products for independent business reasons. As part of the Settlement, Defendants have agreed to practice changes in the administration of Credit Protection during the period it remains in existence as well as to provide two months of Credit Protection at no cost for current enrollees during the wind-down period.
This notice is only a summary. Details of the proposed settlement, including the full Notice, are available here. You may also obtain copies of documents posted on this website here or by contacting the Settlement Administrator here.
Settlement Class Members may (1) file a claim for money from the Settlement, (2) exclude themselves from the Settlement, or (3) object to the Settlement. Class Counsel estimate that Settlement payments will be $50 or $100, depending on your circumstances, but may be more or less based on various factors, including the number of claims submitted. You cannot receive a payment unless your claim is submitted or postmarked on or before February 26, 2013.
The Settlement Agreement also permits Settlement Class Representatives and their attorneys to ask the Court for no more than $6.6 million dollars ($6,600,000) in attorneys’ fees, costs, and service awards for the Settlement Class Representatives of no more than $3,000.00. All attorneys’ fees and costs and service awards will be deducted from the total Settlement Amount. Class Counsel will post their application for attorneys’ fees and costs on the settlement website on or before November 28, 2012.
The Court will hold a hearing to consider whether to approve the Settlement on January 14, 2013 at 10:00 a.m. before the Honorable Thelton E. Henderson, District Court Judge, United States District Court for the Northern District of California, 450 Golden Gate Avenue, San Francisco, CA 94102-3489. The full Notice explains what to do if you want to appear at the hearing. Requests to appear must be made by December 13, 2012. You may also enter an appearance through your own attorney if you desire.
THIS IS ONLY A SUMMARY OF THE SETTLEMENT AND YOUR RIGHTS. TO OBTAIN THE FULL CLASS NOTICE CLICK HERE OR FOR MORE INFORMATION ABOUT YOUR OPTIONS, WRITE TO BANK OF AMERICA CLASS ACTION ADMINISTRATOR, C/O GILARDI & CO. LLC, P.O. BOX 8060, SAN RAFAEL, CA 94912-8060, OR CALL THE SETTLEMENT ADMINISTRATOR AT 888-213-5294. TELEPHONE REPRESENTATIVES ARE NOT AUTHORIZED TO CHANGE THE TERMS OF THE SETTLEMENT. DO NOT CALL OR WRITE TO THE COURT OR THE CLERK OF THE COURT OR CONTACT DEFENDANTS ABOUT THE SETTLEMENT.