$2.25M Bank of America ATM Fee Settlement, Were You Charged Twice at a 7-Eleven ATM? Here Is How to Get Paid Claim Before June 29

The Bank of America ATM fee class action settlement is a breach of contract lawsuit where eligible Bank of America checking account holders can receive a pro-rata cash payment by filing a claim before June 29, 2026. Bank of America, N.A. agreed to pay $2,250,000 to resolve allegations that it improperly charged customers two separate out-of-network (OON) balance inquiry fees during a single visit to FCTI, Inc.-owned ATMs inside 7-Eleven stores. The case, Schertzer et al. v. Bank of America, N.A., et al., Case No. 3:19-cv-00264-DMS-MSB, is pending in the U.S. District Court for the Southern District of California.

Settlement at a Glance — Schertzer v. Bank of America, Case No. 3:19-cv-00264

FieldDetail
Settlement Amount$2,250,000
Claim DeadlineJune 29, 2026 (past account holders only — current account holders are paid automatically)
Who QualifiesBofA account holders charged more than one OON balance inquiry fee in a single 7-Eleven ATM visit, May 1, 2018 – Nov. 16, 2021
Payout Per PersonPro-rata equal share of the net settlement fund — exact amount TBD pending total valid claims filed
Proof RequiredNo — but online filers need the class member ID from the mailed notice
Settlement StatusPreliminarily Approved — Open for Claims
AdministratorKroll Settlement Administration — (833) 447-8321
Official Websiteoonfeesettlement.com
Last UpdatedMay 12, 2026

Where This Case Stands Right Now

  • The U.S. District Court for the Southern District of California has preliminarily approved the settlement and the case is now open for claims.
  • The final fairness hearing is scheduled for August 21, 2026, at 1:30 p.m. PT before the court in San Diego, California.
  • Current Bank of America account holders do not need to file anything — Kroll Settlement Administration will automatically send their payment if the court grants final approval.
  • Past account holders who closed their accounts must submit a claim by June 29, 2026, to receive payment.

What Is the Bank of America ATM Fee Lawsuit About? Schertzer et al. v. Bank of America, N.A., Case No. 3:19-cv-00264-DMS-MSB

This lawsuit started in 2019 when lead plaintiff Kristen Schertzer and other Bank of America customers said the bank was overcharging them at ATMs inside 7-Eleven stores. Here is what actually happened at those ATMs: a customer would insert their BofA debit card, select a transaction — say, a cash withdrawal — and the ATM screen would then prompt them asking if they wanted to check their balance first. If the customer clicked through that screen, the ATM sent a separate “balance inquiry” signal to Bank of America. BofA then charged the customer a second $2.50 out-of-network fee on top of the fee they already paid for their original transaction.

The plaintiffs argued this was a breach of BofA’s own account agreement. Under the contract, Bank of America can charge an out-of-network fee for a customer-initiated balance inquiry — but in this case, customers never asked for a balance check. The ATM generated the inquiry automatically as part of its own screen flow, and BofA collected the fee anyway. One plaintiff paid $10.50 in ATM fees just to take out $20 in cash. The Ninth U.S. Circuit Court of Appeals agreed in July 2024 that the bank’s interpretation of “balance inquiry” was unreasonable and reversed the lower court’s ruling, sending the case back for class certification — which the court granted on February 27, 2025.

Related article: $500K Alatrade Foods WARN Act Settlement, Were You Laid Off at the Phenix City Plant Without 60 Days’ Notice? Here Is How to Claim Your Payment Before August 5

$2.25M Bank of America ATM Fee Settlement, Were You Charged Twice at a 7-Eleven ATM? Here Is How to Get Paid Claim Before June 29

If you used a Bank of America debit card at a 7-Eleven ATM between 2018 and 2021, you likely remember these machines. The FCTI-owned ATMs in 7-Eleven locations generated these automatic balance inquiry signals, and BofA was the bank collecting the double fee on the back end. Similar overcharging practices in the banking industry have resulted in significant bank fee class action settlements — including the Visa and Mastercard $197.5 million ATM surcharge settlement that covered a different category of ATM fee abuse.

Who Qualifies for the Bank of America ATM Fee Settlement?

If you want to know whether you qualify for the Bank of America class action settlement payout, check against the exact class definition the court certified. Here is how to know if you are included:

You may qualify if:

  • You held a Bank of America checking account in the United States at any point between May 1, 2018 and November 16, 2021
  • Bank of America charged you more than one out-of-network balance inquiry fee during a single visit to an FCTI, Inc.-owned ATM inside a 7-Eleven store during that period
  • You did not already receive a payment for the same transactions through Weiss v. FCTI Inc., Case No. 37-2024-00016908-CU-BT-NC — that was a related but separate case against the ATM operator, not BofA
  • You received an email or postcard notice from Kroll Settlement Administration — if you got a notice, you are almost certainly a class member

You do NOT qualify if:

  • You never used a Bank of America debit card at an FCTI ATM inside a 7-Eleven between May 1, 2018 and November 16, 2021
  • Your only BofA ATM transactions were at BofA-branded ATMs, not 7-Eleven locations
  • You already submitted a valid claim and received payment in the related Weiss v. FCTI settlement covering the same transactions

There are two categories of class members with different steps. Current BofA account holders are automatically enrolled and do not need to file a claim. Past account holders who closed their accounts must submit a claim form before June 29, 2026.

How Much Can You Get from the Bank of America Settlement?

The gross settlement fund is $2,250,000. Before payments reach class members, the following amounts come out of the fund. Attorneys’ fees are requested at up to $675,000 (30% of the gross fund). Attorneys’ costs are requested at up to $35,000. A service award of up to $25,000 is requested for the class representative. Settlement administration costs through Kroll are TBD — not yet finalized from the allocation.

Each eligible class member receives an equal, pro-rata share of the net settlement fund — the remaining amount after all deductions. This means every valid claimant gets the same dollar amount, regardless of how many double fees they were charged. The exact per-person payment is TBD — it depends entirely on how many class members submit valid claims or are enrolled automatically as current account holders. The fewer claims filed, the larger each individual share.

For context on what double ATM fee settlements return to consumers, the NYCB ATM fee class action settlement involved a similar $1.23 million fund for comparable out-of-network fee overcharging.

How to File Your Bank of America ATM Fee Claim

If you currently have an open Bank of America account, you do not need to do anything. Your payment will go out automatically after final court approval.

If you closed your Bank of America account, follow these steps:

Step 1 — Locate the class member ID number on the settlement notice you received by email or postcard from Kroll Settlement Administration.

Step 2 — Visit oonfeesettlement.com and click the online claim form link, or go directly to forms.ksacms.com/efiling/fr/eform/schertzer_v_boa_claimform/new to file electronically.

Step 3 — Enter your class member ID and your personal details to verify your identity and account status.

Step 4 — Choose your payment preference — electronic payment is available for online filers; paper check is the default for mailed forms.

Step 5 — Submit your claim before June 29, 2026, and save your confirmation.

Prefer to file by mail? Download the PDF claim form at oonfeesettlement.com and mail it to: Schertzer v. Bank of America, c/o Kroll Settlement Administration, PO Box 225391, New York, NY 10150-5391.

Estimated time to complete: 5–10 minutes.

Bank of America Settlement Key Dates

MilestoneDate
Class CertifiedFebruary 27, 2025
Settlement Preliminary ApprovalTBD — pending from court records
Claim Filing Deadline (Past Account Holders)June 29, 2026
Opt-Out / Exclusion Request DeadlineJuly 7, 2026
Final Fairness HearingAugust 21, 2026, 1:30 p.m. PT
Expected Payment DateTBD — after final court approval and resolution of any appeals

Frequently Asked Questions

Is there a Bank of America ATM fee class action settlement in 2026?

Yes. Schertzer et al. v. Bank of America, N.A., Case No. 3:19-cv-00264-DMS-MSB, is an active settlement in the U.S. District Court for the Southern District of California. The $2,250,000 settlement fund covers BofA customers charged double out-of-network fees at 7-Eleven ATMs between May 1, 2018, and November 16, 2021. The final fairness hearing is August 21, 2026.

Do I need to file a claim if I still have a Bank of America account? 

No. Current BofA account holders are automatically enrolled and will receive payment without filing anything — Kroll Settlement Administration handles that on your behalf after the court grants final approval. Only past account holders need to submit a claim by June 29, 2026.

Do I need a lawyer to file a Bank of America settlement claim?

 No. Filing through the official settlement website is free and straightforward. You do not need a consumer rights lawyer or any legal representation. Attorneys’ fees come entirely out of the settlement fund, not from your share.

When will Bank of America settlement payments go out?

 The court holds its final fairness hearing on August 21, 2026. Payments will go out after the court grants final approval and resolves any post-approval appeals. No specific payment date has been confirmed by Kroll Settlement Administration.

What if I missed the June 29, 2026 claim deadline?

 If you are a past account holder and miss the June 29 deadline, you will not receive a payment from the fund — even if you were charged the double fee. Current account holders are not affected by this deadline since they are enrolled automatically.

How much will I get from the Bank of America ATM fee settlement?

 Each valid claimant receives an equal, pro-rata share of the net settlement fund. The exact amount is TBD — it depends on how many current account holders are automatically enrolled and how many past account holders file valid claims. The fewer total claimants, the larger each individual payment.

Will the Bank of America settlement payment count as taxable income? 

It may. Settlement payments can be taxable depending on your individual situation and how the IRS classifies the payment. Consult a tax professional before filing your return — this article does not constitute tax or legal advice.

Is the Bank of America settlement legitimate? 

Yes. The case is a certified federal class action in the Southern District of California. Kroll Settlement Administration — one of the country’s most established settlement claims firms — is the court-appointed administrator. The official settlement website is oonfeesettlement.com, and all questions should go to Kroll at (833) 447-8321. Never pay anyone a fee to file your claim — filing is always free.

Sources & References

  1. Official Settlement Website — oonfeesettlement.com (Kroll Settlement Administration): oonfeesettlement.com
  2. Justia Federal Dockets — Schertzer v. Bank of America, N.A., No. 3:2019cv00264, U.S. District Court for the Southern District of California: dockets.justia.com
  3. Ninth Circuit Opinion — Schertzer v. Bank of America, NA, No. 23-55104 (9th Cir. July 29, 2024): law.justia.com

Prepared by the AllAboutLawyer.com Editorial Team and reviewed for factual accuracy against the official settlement website oonfeesettlement.com and the U.S. District Court for the Southern District of California case record on May 12, 2026. Last Updated: May 12, 2026

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Legal claims and outcomes depend on specific facts and applicable law. For advice regarding a particular situation, consult a qualified attorney.

About the Author

Sarah Klein, JD, is a licensed attorney and legal content strategist with over 12 years of experience across civil, criminal, family, and regulatory law. At All About Lawyer, she covers a wide range of legal topics — from high-profile lawsuits and courtroom stories to state traffic laws and everyday legal questions — all with a focus on accuracy, clarity, and public understanding.
Her writing blends real legal insight with plain-English explanations, helping readers stay informed and legally aware.
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