Bank of America Lawsuit: Which Cases Are Open, Who Gets Paid
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There is no single Bank of America lawsuit — there are several, and they cover different people. As of October 12, 2026, the one with live deadlines is a $4.28 million settlement for former employees in California, New York and Illinois who left without being paid for unused vacation. There is no claim form; the deadline to opt out or object is November 27, 2026. The 7-Eleven ATM fee settlement, the Epstein case and both data breach settlements are past their claim deadlines.
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Reviewed by Leonard Goldberg, Editor · Last updated
What the Bank of America Cases Are About
Unused vacation pay (employees). The class action lawsuit alleges that Bank of America did not pay out accrued, unused vacation when employees in California, New York and Illinois left the bank. The bank settled for $4,280,000 and, per the official site, “does not admit any violations.”
7-Eleven ATM fees (customers). The complaint alleges that customers making a single balance inquiry at FCTI-owned ATMs inside 7-Eleven stores were charged two out-of-network fees between May 1, 2018 and November 16, 2021. Bank of America agreed to pay $2.25 million and denied wrongdoing.
Epstein (trafficking victims). A lawsuit against Bank of America filed in October 2025 alleged the bank ignored suspicious transactions tied to Jeffrey Epstein. It settled for $72.5 million; the bank said it did not facilitate his crimes.
Bank of America data breach cases. Two vendor breaches each have their own page: the Infosys McCamish breach (Bank of America data breach settlement) and the MOVEit breach at Ernst & Young (EY & BofA MOVEit settlement).
Case Details
Vacation pay: Nguyen et al. v. Bank of America, N.A., No. 5:23-cv-04999-PCP, U.S. District Court for the Northern District of California. Official site: UnusedVacationSettlement.com, run by the administrator Analytics Consulting LLC.
ATM fees: Schertzer v. Bank of America, N.A., No. 3:19-cv-00264, U.S. District Court for the Southern District of California, filed in 2019.
Epstein: a proposed class action by a plaintiff using the pseudonym Jane Doe in the Southern District of New York, before U.S. District Judge Jed Rakoff.
Status of Each Bank of America Settlement, October 2026
7-Eleven ATM — claims closed. Former customers had to file by July 29, 2026 (some reports said June 29), and the opt-out deadline was July 7, 2026. The final approval hearing was set for August 21, 2026. As of October 12, 2026 we could not confirm whether the court granted final approval or when payments start.
Epstein — final approval announced from the bench. On August 27, 2026 Judge Rakoff said he would grant final approval to the $72.5 million class action settlement, and rejected objections from three accusers. The class is limited to Epstein’s victims, not bank customers.
Data breaches — claims closed. The Infosys McCamish deal ($17.5 million) received final approval on December 18, 2025; the MOVEit claim deadline was October 8, 2026. For payment timing, see Bank of America settlement payout date.
Who Is Covered by Which Case
Former employees (vacation settlement): you left Bank of America after working in California (from September 28, 2019), Illinois (from September 28, 2013) or New York (from September 28, 2017), through September 1, 2026; you had a positive vacation balance when you left; and you were not paid for it.
Customers (ATM settlement): you had a Bank of America checking account and were charged more than one out-of-network balance-inquiry fee during one visit to an FCTI ATM in a 7-Eleven between May 1, 2018 and November 16, 2021. People already paid in the earlier Weiss v. FCTI settlement are excluded.
Ordinary customers are not part of the Epstein case. And being a customer alone does not put you in either data breach class — those classes are people who received a breach notice.
How Much Each Bank of America Settlement Pays
ATM fees: after fees and costs, the $2.25 million is split equally among approved claims, so the per-person amount was never fixed. Current account holders who received a notice are paid automatically once the deal is approved.
Epstein: paid only to members of that class.
No court has set a payment date for any of these, as far as we could confirm as of October 12, 2026.
Bank of America Lawsuit Timeline
- 1
2019 — ATM Fee Suit Filed
Schertzer v. Bank of America is filed in federal court in Southern California over double balance-inquiry fees at 7-Eleven ATMs.
- 2
October 2025 — Epstein Suit Filed
A proposed class action in Manhattan alleges the bank ignored suspicious Epstein transactions. On January 29, 2026 Judge Rakoff lets two claims proceed.
- 3
March 2026 — Epstein Case Settles
Bank of America agrees to pay $72.5 million while denying that it facilitated Epstein's crimes.
- 4
May 2026 — $2.25 Million ATM Settlement
The ATM settlement is announced. Former customers had to claim by July 29, 2026; the final approval hearing was set for August 21, 2026.
- 5
August 27, 2026 — Epstein Deal Approved
Judge Rakoff says he will grant final approval and rejects the objections from three accusers.
- 6
November 27 and December 17, 2026 — Vacation Pay Deadlines
Last day to opt out of, object to or correct the $4.28 million vacation settlement, then the final approval hearing in the Northern District of California.
Three Things to Watch For
Several Bank of America settlements in one year means a lot of mail, real and fake:
“Claim your Bank of America ATM refund” links
The ATM claim window for former customers closed on July 29, 2026, and current customers never had to file. A page asking for your online banking login or card PIN to “release” a refund is phishing.
A fake vacation-pay notice asking for your SSN
The real notice already contains an estimate of your payment and an Adjustment Form, and the check goes to the address it was mailed to. Check any letter against UnusedVacationSettlement.com before sending documents anywhere.
Fees to “speed up” a payout
No settlement administrator charges class members to receive money. Anyone asking for a processing fee or gift cards to release a Bank of America settlement payment is not the administrator.
Bank of America Lawsuit — Questions People Ask
Is there a Bank of America class action lawsuit I can file a claim in right now?
Not with a claim form. As of October 12, 2026, the only Bank of America class action with open deadlines is the unused-vacation settlement for former employees, and it pays automatically. The ATM, Epstein and data breach claim windows have closed.
Is there a class action lawsuit Bank of America former employees can join?
Yes, if you fit the class: Nguyen v. Bank of America covers former employees in California, New York and Illinois who left with unpaid vacation. You do not need to file anything. The deadline to opt out, object or dispute your data is November 27, 2026.
What is the Bank of America settlement for 7-Eleven ATM fees?
A $2.25 million deal resolving claims that customers were charged two out-of-network fees for one balance inquiry at FCTI ATMs in 7-Eleven stores between May 1, 2018 and November 16, 2021. The administrator can be reached at 833-447-8321.
How do I know if I qualify for a class action settlement?
Each settlement defines its class in the official notice and on its official website. If you belong to a class action settlement Bank of America has signed, you usually receive a notice by mail or email. Without a notice, compare your own dates and accounts with the class definitions above.
When will the Bank of America settlement pay out?
None of these settlements has a confirmed payment date as of October 12, 2026. The vacation settlement cannot pay before the December 17, 2026 hearing. For the data breach payments, see our payout date page.
Was there a Bank of America data breach?
Not at the bank itself. The two Bank of America data breach settlements involve vendors: Infosys McCamish, whose $17.5 million settlement was approved on December 18, 2025, and the MOVEit breach at Ernst & Young, whose claim deadline was October 8, 2026.
Can I still join the lawsuit against Bank of America over Epstein?
No. The class covers victims of Epstein, not bank customers, and At an August 27, 2026 hearing, Judge Rakoff said he would grant final approval to the $72.5 million settlement.
Is the Bank of America settlement letter I got real?
Compare it with the official site for that case, and call the administrator using the number on that site, not one in an email. For the vacation settlement that is UnusedVacationSettlement.com. A real notice never asks for your banking password.
Separate from this case: were you injured in the last 2 years?
Class-action payouts are fixed amounts through an administrator. A personal injury claim is a different case — and often worth far more. Free estimate, no obligation.
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