Bank of America $2.25 Million ATM Fee Settlement — Former Customers Have Until June 29, 2026 to File a Claim
Bank of America ATM Balance Inquiry Fee Class Action Settlement
Bank of America, N.A. agreed to a $2.25 million settlement over allegations that it charged customers two out-of-network (OON) fees for a single balance inquiry at FCTI-owned ATMs inside 7-Eleven stores. BANA account holders in the U.S. who were double-charged between May 1, 2018 and November 16, 2021 may be eligible for a pro rata cash payment. Former account holders must submit a claim by June 29, 2026; current account holders receive payment automatically.
Settlement fund
$2.25M
Common fund
Top payout
Pro rata share
Former accountholders must file; current accountholders paid automatically
Claim deadline
Jun 29, 2026
20 days remaining
You may be owed money
Filing is free and takes a few minutes. Deadline: Jun 29, 2026.
Do you qualify?
You are a Class Member if ALL of the following apply:
- You are a Bank of America (BANA) account holder in the United States.
- You were charged more than one out-of-network balance inquiry fee during a single visit to a FCTI, Inc.-owned ATM inside a 7-Eleven store.
- The double-charge occurred between May 1, 2018 and November 16, 2021.
- You did not previously make a valid claim and receive payment in Weiss v. FCTI, Inc., Case No. 37-2024-00016908-CU-BT-NC.
- Excluded: Bank of America, N.A., its officers, directors, employees, agents, and affiliates; FCTI, Inc. and its employees; the judge presiding over this Action and court staff; and anyone who timely and properly requests exclusion from the Settlement Class.
Not sure if you qualify? Call the Settlement Administrator at (833) 447-8321, or visit OONFeeSettlement.com.
What happened
Plaintiff Brittany Covell filed this class action against Bank of America, N.A., alleging that the bank breached its contract with customers by assessing two out-of-network (OON) fees for balance inquiry requests when only a single balance inquiry was made at FCTI, Inc.-owned ATMs located in 7-Eleven stores. In other words, customers checking their balance at a 7-Eleven ATM were allegedly charged twice for one inquiry -- a fee for the inquiry and an additional OON fee that the bank was not entitled to collect under its account agreement. The case was filed in the U.S. District Court for the Southern District of California.
Bank of America denies that the assessment of two OON balance inquiry fees was improper and denies any wrongdoing. The parties agreed to settle to avoid the ongoing costs and uncertainty of continued litigation. Under the Settlement, Bank of America will contribute $2.25 million to a Settlement Fund to be distributed pro rata among eligible class members.
How to file a claim
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1. Confirm you are eligible
You must be a U.S. Bank of America account holder who was charged more than one OON balance inquiry fee during a single visit to a FCTI-owned ATM inside a 7-Eleven store between May 1, 2018 and November 16, 2021. You must also not have previously received payment in Weiss v. FCTI, Inc.
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2. Determine your account status
Your action depends on whether you are a Current Accountholder (your BANA account is still open) or a Former/Past Accountholder (your BANA account has since been closed). Current accountholders who received notice will receive an automatic pro rata payment -- no claim form is required. Former accountholders who received a notice must file a claim form to receive their share.
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3. File your claim (former accountholders only)
If you are a former BANA accountholder, submit your Claim Form online at OONFeeSettlement.com by June 29, 2026. Paper Claim Forms are also available; contact the Settlement Administrator at (833) 447-8321 or write to: Schertzer v. Bank of America, c/o Kroll Settlement Administration, PO Box 225391, New York, NY 10150-5391. Paper claims must be postmarked by June 29, 2026.
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4. Receive your payment
Payments are issued after the Court grants final approval at the August 21, 2026 Final Fairness Hearing and any appeals are resolved. The appeals process can take a year or more. Current accountholders need not do anything; former accountholders need only submit their claim -- no follow-up is required after that.
Key dates
- Jul 7, 2026 Opt-out & objection deadline Upcoming
- Jun 29, 2026 Claim filing deadline Upcoming
- Aug 21, 2026 Final Fairness Hearing (1:30 p.m. PT, in person) Upcoming
- TBD after final approval Payments issued to claimants Pending
The Final Fairness Hearing is scheduled for Friday, August 21, 2026 at 1:30 p.m. PT before the Honorable 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. The Court may postpone or relocate the hearing without notice; check OONFeeSettlement.com for updates before attending.
Where the money is going
This is a $2.25 million common fund. Attorneys' fees, a service award to the class representative, and notice and administration costs are all deducted before payments are calculated for class members. The remaining Net Settlement Fund is divided pro rata among all Current Accountholders and Past Accountholders who file valid claims.
All amounts are subject to Court approval at the August 21, 2026 Final Fairness Hearing. The per-person payment is pro rata and will depend on the number of valid claims submitted and the final Court-approved deductions.
Common questions
How much money will I receive?
Your share is calculated pro rata from the Net Settlement Fund after deducting attorneys' fees (up to 30%), litigation costs (up to $35,000), a service award to the class representative, and administration costs from the $2.25 million total. The exact per-person amount depends on how many current accountholders exist and how many former accountholders file valid claims. No documentation is required -- the bank's records identify who was charged the double fee.
Do I need to submit proof of purchase?
No documentation or receipts are required to file a claim. The settlement administrator uses BANA's account records to verify eligibility. If you received a postcard or email notice, you are already identified in the records as a likely class member.
What if I didn’t receive a notice?
If you believe you were double-charged but did not receive a mailed or emailed notice, contact the Settlement Administrator at (833) 447-8321 or visit OONFeeSettlement.com to confirm eligibility. Current accountholders do not need to file a claim at all; only former accountholders who received notice must submit the claim form.
Does staying in the class affect my right to sue later?
By staying in the class, you release all claims against Bank of America, N.A. related to the double OON balance inquiry fees at FCTI ATMs in 7-Eleven stores during the class period. To preserve your right to sue separately, you must opt out in writing postmarked by July 7, 2026.
When will payments be sent out?
Payments will be issued after the Court grants final approval at the August 21, 2026 Final Fairness Hearing and any appeals are resolved. The appeals process can take a year or more. Once your claim is filed (or if you are a current accountholder, once you do nothing), no further action is required.
Dapeer Law, P.A.
Consumer class action attorneys based in South Florida. We track settlements so you don’t have to.
Similar open settlements
This page is for informational purposes only and does not constitute legal advice. Dapeer Law, P.A. is not the administrator of this settlement and is not affiliated with Bank of America, N.A., Kroll Settlement Administration LLC (the Settlement Administrator), or Class Counsel Todd D. Carpenter, (Eddie) Jae K. Kim, and Tiffine E. Malamphy of Lynch Carpenter, LLP. The case is Schertzer, et al. v Bank of America, N.A., et al., Case No. 3:19-cv-00264-DMS-MSB, pending in the U.S. District Court for the Southern District of California before the Honorable Dana M. Sabraw. Class representatives are Brittany Covell. Bank of America denies wrongdoing. This website is attorney advertising. Past results do not guarantee future outcomes.
