San Diego, May 15, 2026, 15:43 PDT
- Bank of America will pay $2.25 million to settle claims it charged extra ATM balance-inquiry fees at 7-Eleven stores.
- Current account holders aren’t required to file a claim, but former holders need to do so by June 29.
- A federal judge in San Diego is set to review final approval Aug. 21.
Bank of America users hit with duplicate fees at some 7-Eleven ATMs might see payouts from a $2.25 million class-action deal. Former customers have until June 29 to put in claims. The agreement, pending court sign-off, covers fees charged at FCTI-run ATMs inside 7-Eleven stores.
The timing is important as the claims window is already open. If the settlement goes through, current Bank of America account holders will get credits automatically. Former customers have to fill out a claim form online or send it by mail to take part in the fund.
Bank of America customers who used an FCTI Inc. ATM at a 7-Eleven between May 1, 2018, and Nov. 16, 2021, and were hit with more than one out-of-network balance inquiry fee per visit are covered by the class. Out-of-network fees are charged for using ATMs outside the bank’s network.
Schertzer, et al. v. Bank of America, N.A., et al. is before the U.S. District Court for the Southern District of California. The plaintiffs accused Bank of America of breaking customer contracts by charging two out-of-network balance inquiry fees when customers made just one balance inquiry. Bank of America denied the claims and agreed to settle the case without admitting liability.
Judge Dana M. Sabraw said in a February 2025 order that the class could be big. Plaintiffs’ data identified 65,000 potential class members just for May and June 2018. The total class period, Sabraw wrote, is likely “multiples of that figure.” Justia
Payouts to eligible current and former account holders will be on a pro rata basis, with each getting an equal share of what’s left after deducting court-approved attorneys’ fees, expenses, administration costs, and any service award. Class counsel can ask for up to 30% of the settlement, or $675,000, in fees, plus costs of up to $35,000.
Appeals court lifts Bank of America class-action win, sends contract fight back down The dispute heated up after the 9th U.S. Circuit Court of Appeals in July 2024 revived the breach-of-contract claim and told the district court to take another look at class certification. The appeals court said the lower court should go back to the class-certification question after disagreeing with Bank of America on the contract’s “balance inquiry” language. Justia
Bank of America customers who got a payout from the Weiss v. FCTI Inc. case can’t take part in this settlement. Most people getting notice by postcard or email are probably eligible, but the settlement administrator, Kroll Settlement Administration, said customers who aren’t sure can check their status.
The case is part of a wider series of ATM-fee lawsuits. Visa and Mastercard in December 2025 agreed to a $167.5 million payout in a separate proposed deal over claims they kept ATM access fees high, though they denied any wrongdoing; Reuters said a related case on bank-run ATMs settled for $197.5 million, with other banks paying $66 million back in 2021.
Timing could still shift. Objections and requests to opt out must be in by July 7, while Judge Sabraw in San Diego has scheduled the final fairness hearing for Aug. 21 at 1:30 p.m. PT. Payments won’t go out until there’s a final sign-off and any appeals get sorted. That means checks or credits won’t show up right away.
