Bank of America agrees to $2.25M settlement in class-action lawsuit over ATM fees

Bank of America has agreed to a proposed 2.25 million dollar settlement to resolve a class‑action lawsuit over certain ATM fees charged at 7‑Eleven store ATMs operated by FCTI.

What the lawsuit was about

The case is Schertzer, et al. v. Bank of America, N.A., filed in federal court in Southern California in 2019.
Plaintiffs alleged Bank of America breached its account agreements by charging improper “out‑of‑network” fees for balance inquiries at FCTI‑owned ATMs located inside 7‑Eleven stores.

Alleged fee practice

The complaint claimed that when customers made a single balance inquiry at these ATMs, Bank of America sometimes charged two separate out‑of‑network balance‑inquiry fees.
The suit focused on fees at out‑of‑network FCTI ATMs in 7‑Eleven locations, not on Bank of America’s own ATMs or all third‑party ATMs generally.

Who is included in the settlement class

Consumers who used a Bank of America debit card at an FCTI ATM inside a 7‑Eleven between roughly May 1, 2018, and November 26, 2021, fall within the alleged impact period cited in reports.
You generally must have had a Bank of America checking or debit account during that time and incurred at least one of the challenged balance‑inquiry fee charges to be in the putative class.

Settlement amount and structure

News reports describe a 2.25 million dollar settlement specific to Bank of America’s role in this ATM fee case, with Bank of America denying any wrongdoing while agreeing to resolve the claims to avoid the cost and risk of trial.
Separate coverage referencing a 21 million dollar “Settlement Fund” appears to relate to broader or related settlements and should be distinguished from the 2.25 million figure tied to this particular Bank of America deal.

Payouts and eligibility nuances

Current Bank of America account holders in the settlement class are expected to receive automatic credits or payments and generally do not need to file claims.
Former account holders who are class members typically must submit a claim by around July 29, 2026, according to settlement‑site summaries reported in the press.

Exclusions and interaction with other cases

Customers who already received payments in the separate 2024 settlement Weiss v. FCTI related to FCTI ATM fees are not eligible for this Bank of America settlement.
Bank of America continues to deny liability or contractual breach as part of the settlement, which is a standard term in many class settlements.

Procedural status and next steps

The settlement still needs final court approval, with a final approval (fairness) hearing currently scheduled for August 21, 2026, per news accounts summarizing the settlement website.
If the court grants final approval and any appeals are resolved, payments would typically be distributed after that date pursuant to the settlement plan of allocation.