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You received Notice because a Settlement has been reached in a class action lawsuit filed in the United States District Court for the Southern District of California. You might be a member of the Settlement Class; thus, you may be eligible for the relief detailed in the Long Form Notice.
The Long Form Notice explains the nature of the Action, the general terms of the proposed Settlement, and your legal rights and obligations. A copy of the Long Form Notice and Settlement Agreement are available at the Documents section of this Settlement Website.In a class action, one or more people called “Class Representative(s)” (in this case, Brittany Covell) sue on behalf of people who have similar claims. For purposes of this proposed Settlement, one court will resolve the issues for all Settlement Class Members. Since BANA ("Bank of America, N.A.") was the company sued in this Action, it is called the Defendant.
A lawsuit was filed against BANA by the Class Representative alleging that BANA breached its contract with its customers by assessing two out-of-network (“OON”) fees for balance inquiry requests when only a single balance inquiry was undertaken at FCTI-owned ATMs located in 7-Eleven stores. BANA denies that the assessment of two OON balance inquiry fees was improper, or that it has done anything wrong.
Both sides agreed to the Settlement to avoid ongoing litigation costs and going to trial. As a result, the Settlement Class Members will receive relief now rather than years from now, if at all.
You are a member of the Settlement Class if you fit the following description:
You are a BANA Accountholder in the United States who was 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 from May 1, 2018, to November 16, 2021, and did not make a valid claim and receive payment in Weiss v. FCTI, Inc., No. 37-2024-00016908-CU-BT-NC.
If you are still not sure whether you are included in the Settlement Class, you can call toll free (833) 447-8321 or write to the below address for additional information:
Schertzer v. Bank of America
c/o Kroll Settlement Administration
PO Box 225391
New York, NY 10150-5391BANA has agreed to provide $2,250,000 to the Settlement Fund. If you are a Settlement Class Member, you will receive an equal pro-rata share of the remainder of the Net Settlement Fund based on the number of Current Accountholders and Valid Claims submitted by Past Accountholders.
If you received an Email Notice or Postcard Notice and are recognized as a Former Accountholder; you must file a claim to receive an equal pro-rata share of the Net Settlement Fund. To file your claim online and receive your payment via electronic transfer, you can file online at this Settlement Website using the online Claim Form. You may also request a form through the Contact Us form on this website, or by printing out and completing the Claim Form available at the Documents section of this website.
All claims must be filed by mail or online by Monday, June 29, 2026.
If you do nothing and the Court approves the proposed Settlement, you will be releasing your claims against BANA. This generally means that you will not be able to file a lawsuit, continue prosecuting a lawsuit, or be part of any other lawsuit against BANA regarding the claims in the Action. The Settlement Agreement, available online at the Documents section of this website, contains the full terms of the release.
If you exclude yourself from the Settlement, you will be excluded from the Settlement Class, you will not receive monetary compensation from the Settlement, you will not be bound by the Judgment entered in the Action, and you will not be precluded from prosecuting any timely, individual claim against BANA based on the conduct alleged in the Action.
To exclude yourself, you must send an opt-out request by U.S. Mail or private courier (e.g., Federal Express) to the Settlement Administrator, stating the wish to be excluded from the Settlement Class. The opt-out request must be personally signed by you and contain your name, postal address, and a statement that indicates a desire to be excluded from the Settlement Class. The opt-out request must be postmarked by the last day of the Opt-Out Deadline. If submitted by mail, the opt-out request shall be deemed to have been submitted when posted if received with a postmark date indicated on the envelope if mailed first-class postage prepaid and addressed in accordance with the instructions. If submitted by private courier (e.g., Federal Express), an exclusion request shall be deemed to have been submitted on the shipping date reflected on the shipping label.
The last day of the Opt-Out Deadline is Tuesday, July 7, 2026. The mailing address of the Settlement Administrator is:Schertzer v. Bank of America
c/o Kroll Settlement Administration
PO Box 225391
New York, NY 10150-5391
To object to the Settlement, you must submit the objection no later than the last day of the Objection Deadline. The objection must be filed with the Clerk of the Court and mailed to the Settlement Administrator. If submitted by mail, a written objection shall be deemed to have been submitted when posted if received with a postmark date indicated on the envelope if mailed first-class postage prepaid and addressed in accordance with the instructions. If submitted by private courier (e.g., Federal Express), an objection shall be deemed to have been submitted on the shipping date reflected on the shipping label.
For an objection to be considered by the Court, the objection must also set forth: (i) the objector’s full name, address, telephone number, and e-mail address (if any); (ii) information identifying the objector as a Settlement Class Member in this Action, including evidence that the objector is a member of the Settlement Class; (iii) a written statement of all grounds for the objection, accompanied by any legal support for the objection the objector believes applicable; (iv) the identity of all counsel representing or assisting the objector, if any; (v) the identity of all counsel representing the objector who will appear at the Final Fairness Hearing, if any; (vi) a list of all persons who will be called to testify at the Final Fairness Hearing in support of the objection, if any; (vii) a statement confirming whether the objector intends to personally appear and/or testify at the Final Fairness Hearing; (viii) the objector’s signature and the signature of the objector's duly authorized attorney or other duly authorized representative (along with documentation setting forth such representation), if any; (ix) a list, by case name, court, and docket number, of all other cases in which the objector (directly or through counsel) has filed an objection to any proposed class action settlement within the last three (3) years; (x) a list, by case name, court, and docket number, of all other cases in which the objector's counsel (on behalf of any person or entity) has filed an objection to any proposed class action settlement within the last 3 years; and (xi) a list, by case name, court, and docket number, of all other cases in which the objector has been a named plaintiff in any class action or served as a lead plaintiff or class representative.
The Objection Deadline is Tuesday, July 7, 2026. The mailing address of the Settlement Administrator is:
Schertzer v. Bank of America
c/o Kroll Settlement Administration
PO Box 225391
New York, NY 10150-5391The mailing address for the Court is 333 W. Broadway, San Diego, CA 92101.
Objecting is simply telling the Court that you disagree with something about the Settlement. You can object only if you do not exclude yourself from the Settlement.
Excluding yourself is telling the Court that you do not want to be part of the Settlement. If you exclude yourself, you have no basis to object because the Settlement no longer affects you.
Yes. The Court appointed Todd D. Carpenter, (Eddie) Jae K. Kim, and Tiffine E. Malamphy of Lynch Carpenter, LLP as “Class Counsel.” You do not have to pay Class Counsel. If you want to be represented by your own lawyer and have that lawyer appear in court for you in this case, you may hire one at your own expense.
Class Counsel will ask the Court to approve attorneys’ fees up to 30% of the Settlement Amount and costs up to $35,000, which will be paid out of the Settlement Fund. You will not be required to pay any attorneys’ fees or costs.
You are not required to hire your own lawyer because Class Counsel is working on your behalf. However, if you want your own lawyer, you can hire one at your own expense. For example, you can ask your lawyer to appear in court for you if you want someone other than Class Counsel to speak for you.
The Court has preliminarily approved the Settlement and will hold a hearing to decide whether to give final approval to the Settlement. The purpose of the Final Fairness Hearing will be for the Court to determine whether the Settlement should be approved as fair, reasonable, adequate, and in the best interests of the Settlement Class; to consider the award of attorneys’ fees and expenses to Class Counsel; and to consider the request for a Service Award to the Class Representative. At the hearing, the Court will be available to hear any objections and arguments concerning the proposed Settlement. You may attend, but you do not have to attend.
On Friday, August 21, 2026 at 1:30 PT, a hearing will be held on the fairness of the proposed Settlement. The hearing will take place before the Hon. Dana M. Sabraw in Courtroom 13A of the United States District Court for the Southern District of California, located at 333 W. Broadway, San Diego, CA 92101. The hearing may be postponed to a different date, time, or transferred to a different location without notice. Please check this website for any updates about the Settlement or Final Fairness Hearing.
You may speak at the Final Fairness Hearing if: (a) you have timely submitted an objection; and (b) you have timely provided a Notice of Intent to Appear. Please see FAQ 12 for additional details.
If you have requested exclusion from the Settlement, you may not speak at the hearing.Visit the Documents section of this Settlement Website, where you will find a copy of the Settlement Agreement, the Court’s Preliminary Approval Order, Class Counsel’s application for Attorneys’ Fees and Costs, and the operative Complaint filed in the Action. Alternatively, you may contact the Settlement Administrator via the Contact Us form on this website, or the U.S. postal (mailing) address:
Schertzer v. Bank of America
c/o Kroll Settlement Administration
PO Box 225391
New York, NY 10150-5391
This description of this Action is general and does not cover all of the issues and proceedings that have occurred. In order to see the complete file, you should visit the Clerk’s office at 333 W. Broadway, San Diego, CA 92101. The Clerk will tell you how to obtain the file for inspection and copying at your own expense.
It is your responsibility to inform the Settlement Administrator of your updated information. You may do so in the following manner: at the Contact Us form on this website or the U.S. postal (mailing) address:
Schertzer v. Bank of America
c/o Kroll Settlement Administration
PO Box 225391
New York, NY 10150-5391
This website is authorized by the Court, supervised by counsel to the parties, and controlled by the Settlement Administrator approved by the Court. This is the only authorized website for this case.
For more information, please call toll-free (833) 447-8321 or write to:
Schertzer v. Bank of America
c/o Kroll Settlement Administration
PO Box 225391
New York, NY 10150-5391
This website is authorized by the Court, supervised by counsel to the parties, and controlled by the Settlement Administrator approved by the Court. This is the only authorized website for this case.
For more information, please call toll-free (833) 447-8321 or write to:
Schertzer v. Bank of America
c/o Kroll Settlement Administration
PO Box 225391
New York, NY 10150-5391