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Corporate conductAllegationAgainst
The U.S. Committee and Select Subcommittee requested documents from Bank of America regarding the provision of Americans' private financial information to federal law enforcement without legal process
The allegation involving Bank of America (BoA) concerns Americans.
The Committee and Select Subcommittee began this investigation into government-led financial surveillance after a whistleblower disclosed that following the events of January 6, 2021, Bank of America (BoA), voluntarily and without legal process, provided the Federal Bureau of Investigation (FBI) with a list of names of all individuals who used a BoA credit or debit card in the Washington, D.C. region around that time.3 In response to these allegations and corroborating testimony from FBI officials, the Committee and Select Subcommittee requested documents from BoA and six other national financial institutions about the provision of Americans’ private financial information to federal law enforcement without legal process.4 On March 6, 2024, the Committee and Select Subcommittee released an interim report revealing that federal law enforcement had used sweeping search terms like “MAGA” and “TRUMP” to target Americans and even treated purchases of religious texts or firearms as indicators of “extremism.”5 That report detailed how federal law enforcement derisively viewed American citizens—treating Americans who expressed opposition to firearm regulations, open borders, COVID-19 lockdowns, vaccine mandates, and the “deep state” as potential domestic terrorists.6
Wages & economic policyConfirmedAgainst
Bank of America financed billions of dollars in transactions to help hedge funds and other clients avoid taxes
The documented action involving Bank of America (BAC) concerns hedge funds.
For years, Bank of America (BAC) financed billions of dollars in controversial transactions by using its government-backed U.S. banking unit to help hedge funds and other BofA clients avoid taxes, the Wall Street Journal reports.
Corporate conductAllegationAgainst
Bank of America is accused of freezing accounts without cause
Bank of America is accused of freezing cardholder accounts based solely on automated Fraud Filter results, violating Consumer Financial Protection Act sections 1031 and 1036.
2022-CFP B-0004 In the Matter of: CONSENT ORDER BANK OF AMERICA, N.A. The Consume r Financial Protection Bureau (Bureau) has reviewed the administration of unemployment insurance benefit prepaid debit cards by Bank of America, N.A. (Respondent, as defined below) and has identified the following law violations in connection with Respondent’s treatment of unemployment insurance benefit recipients who filed notices of error concerning alleged unauthorized electronic fund transfers (EFTs): (1) Respondent engaged in unfair acts or practices by determining no error had occurred and freezing cardholder accounts based solely on the results of Respondent’s automated Fraud Filter, in violation of Sections 1031 and 1036 of the Consumer Financial Protection Act of 2010 (CFPA), 12 U.S.C.
Also in 2022, the CFPB and OCC fined Bank of America $225 million and required it to pay hundreds of millions of dollars in redress to consumers for botched disbursement of state unemployment benefits at the height of the COVID-19 pandemic.
Also in 2022, the CFPB and OCC fined Bank of America $225 million and required it to pay hundreds of millions of dollars in redress to consumers for botched disbursement of state unemployment benefits at the height of the COVID-19 pandemic.
Recently, the CFPB took action against Bank of America for breaking federal laws that apply to financial products, including bank accounts and credit cards.
In May 2022, the CFPB ordered Bank of America to pay a $10 million civil penalty over unlawful garnishments and, later in 2022, the CFPB and OCC fined Bank of America $225 million and required it to pay hundreds of millions of dollars in redress to consumers for botched disbursement of state unemployment benefits at the height of the COVID-19 pandemic.
Bank of America’s practices violated the Act’s prohibition on unfair and deceptive acts or practices.
Federal Regulators Fine Bank of America $225 Million Over Botched Disbursement of State Unemployment Benefits at Height of Pandemic
Climate & energyOfficial statementYou decide
Bank of America reversed its commitments to cease financing coal mines
Bank of America has long claimed to support the Paris Climate Agreement and pledged to contribute net zero greenhouse gas emissions in its financing, operation, and supply chain by 2050.1 In 2021, the Bank pledged to stop financing new coal mines, coal-fired power plants, and Arctic oil and gas drilling projects, as well as to achieve net zero greenhouse gas emissions in its financing activities, operations, and supply chain before 2050.2 Recently, however, Bank of America reversed key climate risk management initiatives, including its commitments to cease financing coal mines, coal-fired power plants, and oil and gas drilling in the Arctic.
All six major US banks — JPMorgan Chase, Bank of America, Goldman Sachs, Citigroup, Morgan Stanley and Wells Fargo — have quit the Net Zero Banking Alliance, according to the new study from the Committee to Unleash Prosperity.
banks Citigroup and Bank of America , opens new tab said on Tuesday they are exiting the Net-Zero Banking Alliance (NZBA), a group of global banks that have pledged to curb greenhouse gas emissions.
The Net-Zero Banking Alliance (NZBA), which once represented a important collective effort by global banks to align their operations with net-zero emissions by 2050, has experienced a significant pullback. Several major institutions, including Goldman Sachs, Wells Fargo, Morgan Stanley, Bank of America, Citigroup, and J.P.
Bank of America has long claimed to support the Paris Climate Agreement and pledged to contribute net zero greenhouse gas emissions in its financing, operation, and supply chain by 2050.1 In 2021, the Bank pledged to stop financing new coal mines, coal-fired power plants, and Arctic oil and gas drilling projects, as well as to achieve net zero greenhouse gas emissions in its financing activities, operations, and supply chain before 2050.2 Recently, however, Bank of America reversed key climate risk management initiatives, including its commitments to cease financing coal mines, coal-fired power plants, and oil and gas drilling in the Arctic.
Bank of America has been identified as one of the top four financiers of fossil fuels globally.
From 2016 to 2022, Bank of America was responsible for nearly $280 billion in fossil-fuel financing — with projects stretching from the Arctic to the Amazon, and partnerships with oil companies Occidental and ExxonMobil, according to a report commissioned by the Sierra Club and other prominent environmental groups.
Corporate conductAllegationAgainst
Bank of America accused of conditioning services on religious views
Bank of America is accused of conditioning access to its services on customers having the bank's preferred religious or political views.
Bank of America last April weathered – and countered – allegations from 15 Republican attorneys general that it "appears to be conditioning access to its services on customers having the bank's preferred religious or political views."
Trump accuses Bank of America of political de-banking
A Christian ministry claiming it was “debanked” by Bank of America filed a consumer complaint this week to Tennessee Attorney General Jonathan Skrmetti to determine whether their accounts were closed due to religious discrimination.
See generally February 4, 2010 SEC Litigation Release titled Bank of America Agrees to Pay $150 Million to Settle SEC Charges, attached hereto as Exhibit 34.
See generally February 4, 2010 Litigation Release titled Bank of America Agrees to Pay $150 Million to Settle SEC Charges, attached hereto as Exhibit 34.
Corporate conductConfirmedAgainst
Bank of America pays $727 million for deceptive marketing
Bank of America shelled out $727 million to the CFPB in 2014 for illegally deceiving roughly 1.4 million customers through deceptive marketing products.
Bank of America said the money it made from overdraft and non-sufficient fund fees has dropped more than 90% as a result of changes made in the first half of 2022. The bank was fined $20m in 2014 and ordered to pay more than $700m to customers for deceptive marketing and illegal charges related to its credit cards.
Bank of America said the money it made from overdraft and non-sufficient fund fees has dropped more than 90% as a result of changes made in the first half of 2022.
Bank of America said the money it made from overdraft and non-sufficient fund fees has dropped more than 90% as a result of changes made in the first half of 2022.
Bank of America shelled out $727 million to the CFPB in 2014 for illegally deceiving roughly 1.4 million customers through deceptive marketing products.
Corporate conductSettlementAgainst
Bank of America settles for $5 billion civil penalty
Bank of America will pay $5 billion to settle Justice Department claims under FIRREA.
District Court in Charlotte alleges that Bank of America defrauded investors, including federally insured financial institutions, who purchased more than $850 million in RMBS from Bank of America Mortgage Securities 2008-A (BOAMS 2008-A) securitization.
“Bank of America’s reckless and fraudulent origination and securitization practices in the lead-up to the financial crisis caused significant losses to investors,” U.S. Attorney Tompkins said.
Finally, Bank of America concealed important risks associated with the mortgages backing the BOAMS 2008-A securitization.
This announcement is part of the ongoing efforts of President Obama’s Financial Fraud Enforcement Task Force’s RMBS Working Group and is accompanied by an announcement by the Securities and Exchange Commission (SEC) that it has filed civil charges in federal court in Charlotte, N.C. against Bank of America for defrauding investors.
In August, federal prosecutors in North Carolina sued Bank of America, accusing it of understating the risks of the mortgages underpinning some $850 million in securities.
The terms of the resolution of those claims are reflected in separate documents, attached hereto as Exhibit B. I. Bank of America acknowledges the facts set out in the Statement of Facts set forth in Annex 1, attached hereto and hereby incorporated.
Bank of America and Merrill Lynch have reached an agreement in principle to resolve claims by the United States Securities and Exchange Commission (“SEC”).
LEXIS 188892 April 4, 2012, Decided April 4, 2012, Filed In March 2012, the United States and fo rty-nine states filed suit in the D.C. Court against n umerous financial institutions for "misconduct related to their origination and servicing of si ngle fam ily re sidential mortgages." (Complaint, United States v. Bank of America Corp., No. 12 -CV-361 (D.D.C.
Bank of America and Merrill Lynch have reached an agreement in principle to resolve claims by the United States Securities and Exchange Commission (“SEC”).
The terms of the resolution of those claims are reflected in separate documents, attached hereto as Exhibit B. I. Bank of America acknowledges the facts set out in the Statement of Facts set forth in Annex 1, attached hereto and hereby incorporated.
Based on these investigations, the United States believes that there are potential legal claims by the United States against Bank of America, Countrywide, Merrill Lynch and First Franklin for violations of federal law.
Defendant’s foregoing obligations for disgorgement, prejudgment interest, and a civil penalty shall be deemed satisfied in full by the payment of Bank of America Corp. to the United States Department of Justice in accordance with the terms of the agreement dated August 20, 2014 among Bank of America Corp., the United States Department of Justice, and certain States.
The Securities and Exchange Commission having filed a Complaint and Defendant Bank of America, N.A. having entered a general appearance; consented to the Court’s jurisdiction over Defendant and the subject matter of this action; consented to entry of this Final Judgment; without admitting or denying the allegations of the Complaint (except as to jurisdiction); waived findings of fact and conclusions of law; and waived any right to appeal from this Final Judgment: I. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant and Defendant’s agents, servants, employees, attorneys, and all persons in active concert or participation with them who receive actual notice of this Final Judgment by personal service or otherwise are permanently restrained and enjoined from violating Section 17(a)(2) and (a)(3) of the Securities Act of 1933 (the “Securities Act”) [15 U.S.C.
: : : FINAL JUDGMENT AS TO BANK OF AMERICA, N.A. The Securities and Exchange Commission having filed a Complaint and Defendant Bank of America, N.A. having entered a general appearance; consented to the Court’s jurisdiction over Defendant and the subject matter of this action; consented to entry of this Final Judgment; without admitting or denying the allegations of the Complaint (except as to jurisdiction); waived findings of fact and conclusions of law; and waived any right to appeal from this Final Judgment: I.
Defendant ’s foregoing obligations for disgorgement, prejudgment interest, and a civil penalty shall be deemed satisfied in full by the payment of Bank of America Corp. to the United States Department of Justice in accordance with the terms of the agreement dated August 20, 2014 among Bank of America Corp., the United States Department of Justice, and certain States.
The Securities and Exchange Commission having filed a Complaint and Defendant Bank of America, N.A. having entered a general appearance; consented to the Court’s jurisdiction over Defendant and the subject matter of this action; consented to entry of this Final Judgment; without admitting or denying the allegations of the Complaint (except as to jurisdiction); waived findings of fact and conclusions of law; and waived any right to appeal from this Final Judgment: I.
On August 6, 2013, the SEC filed a complaint against Bank of America, N.A.
On August 6, 2013, the SEC filed a complaint against Bank of America, N.A. (“BANA”), Banc of America Mortgage Securities, Inc. (“BOAMS”), and Merrill Lynch, Pierce, Fenner & Smith, Inc. f/k/a Banc of America Securities LLC (“BAS”) (collectively, the “Bank of America Entities” or “Defendants”). The Commission alleged, that from at least November 2007 through at least January 2008, the Bank of America Entities made material misrepresentations and omissions in connection with the sale of residential mortgage-backed securities known as BOAMS 2008-A Trust (“BOAMS Trust”). The complaint also alleges that the Bank of America Entities failed to disclose known risks associated with the high concentration of wholesale loans in BOAMS Trust including higher likelihood that the loans would be subject to material underwriting errors, become severely delinquent, fail early in the life of the loan, or prepay. See Complaint.
Corporate conductConfirmedAgainst
Bank of America was accused of misconduct related to housing loans and faced a proposed $848 million fine
Prosecutors have asked that Bank of America pay a fine of $848 million, although the judge presiding over the case, Jed S. Rakoff, will determine the penalty.
Prosecutors have asked that Bank of America pay a fine of $848 million, although the judge presiding over the case, Jed S. Rakoff, will determine the penalty.
Corporate conductSettlementAgainst
Bank of America settles for $33 million penalty
Bank of America agreed to settle SEC charges and pay a $33 million penalty.
Bank of America agreed to settle the SEC's charges and pay a penalty of $33 million.
In settling the SEC's charges without admitting or denying the allegations, Bank of America consented to the entry of a judgment that permanently enjoins Bank of America from violating the proxy solicitation rules â" Section 14(a) of the Exchange Act of 1934 and Rule 14a-9 â" and orders Bank of America to pay the financial penalty.
The Securities and Exchange Commission today charged Bank of America Corporation for misleading investors about billions of dollars in bonuses that were being paid to Merrill Lynch & Co.
SEC Charges Bank of America for Failing to Disclose Merrill Lynch Bonus Payments
executives at the time of its acquisition of the firm.” Also according to the press release, “Bank of America agreed to settle the SEC’s charges and pay a penalty of $33 million.” The press release noted that “as Merrill was on the brink of bankruptcy and posting record losses, Bank of America agreed to allow Merrill to pay its executives billions of dollars in bonuses.
Also according to the press releas e, “Bank of America agreed to settle the SEC’s charges and pay a penalty of $33 million.” Id.
House of Representatives (D-Maryland), sent a letter to the Securities and Exchange Commission (“SEC” or the “Commission”) Office of Inspector General (“OIG”) and to the Office of the Special Inspector General for the Troubled Asset Relief Program (“SIGTARP”) regarding the SEC’s proposed $33 million settlement with Bank of America (“BofA”), for false and misleading statements made in connection with its merger with Merrill Lynch & Co. (“Merrill”), filed in U.S. federal court on August 3, 2009.
Moreover, the press release stated: In settling the SEC’s charges without admitting or denying the allegations, Bank of America consented to the entry of a judgment that permanently enjoins Bank of America from violating the proxy solicitation rules – Section 14(a) of the Exchange Act of 1934 and Rule 14a-9 – and orders Bank of America to pay the financial penalty.
According to Rosenfeld, “As Merrill was on the brink of bankruptcy and posting record losses, Bank of America agreed to allow Merrill to pay its executives billions of dollars in bonuses.
The Bonuses Action, filed on August 3, 2009, charges Bank of America with violating Section 14(a) of the Securities Exchange Act of 1934 (“Exchange Act”) and Rules 14a-3 and 14a-9 thereunder based on the Bank’s failure to disclose, in proxy materials soliciting shareholder votes for approval of the merger, its authorization to Merrill to pay year-end bonuses of up to $5.8 billion to its employees prior to the closing of the merger.
Corporate conductSettlementAgainst
Bank of America settles for $10 million over hidden fees
Bank of America settled with the SEC for $10 million over hidden fees in structured notes.
Act (ERISA) Litig., Case No. 1:09- md-02058-PKC (S.D.N.Y.) ($2.43 billion settlement of securities fraud class action); Morris v. Bank of America, N.A.
Corporate conductSettlementAgainst
Bank of America settles over loan misrepresentations
Bank of America settled allegations of misrepresenting residential mortgage loan quality to GSEs.
defective residential mortgage loans originated by Countrywide’s Consumer Markets Division and later Bank of America to the GSEs with misrepresentations as to the loans’ quality; and iii.
defective residential mortgage loans originated by Countrywide’s Consumer Markets Division and later Bank of America to the GSEs with misrepresentations as to the loans’ quality; and iii. Relator, who filed a complaint on or about January 14, 2014, under the qui tam provisions of the False Claims Act against Defendants Countrywide, Bank of America, Merrill Lynch, and First Franklin, alleging, inter alia, that, from 2008 to 2013, those entities breached representations and warranties by failing to report thousands of defective loans to the GSEs.
Defendant ’s foregoing obligations for disgorgement, prejudgment interest, and a civil penalty shall be deemed satisfied in full by the payment of Bank of America Corp. to the United States Department of Justice in accordance with the terms of the agreement dated August 20, 2014 among Bank of America Corp., the United States Department of Justice, and certain States.
The Defendants were ordered to pay a total of $225,060,000.00 in disgorgement, prejudgment interest, and penalties, which would be deemed satisfied in full by the payment of Bank of America Corp. to the United States Department of Justice (“DOJ”) in accordance with the terms of the agreement dated August 20, 2014 among Bank of America Corp., the DOJ, and certain States wherein it was agreed that $115,840,000.00 would be allotted to the SEC for settlement of the claims associated with this matter.
Ukraine & RussiaConfirmedYou decide
Bank of America pledges $1 million aid for Ukraine
Bank of America pledges $1 million aid for Ukraine for people fleeing the Russian invasion.
UPDATE 1-Wells Fargo, Bank of America each pledge $1 mln aid for Ukraine, people fleeing Russian invasion
Bank of America is spreading its donation across five groups - the Red Cross and Red Crescent network in Ukraine and the region, World Central Kitchen, Cooperative for Assistance and Relief Everywhere, International Medical Corps and Project Hope.
NEW YORK, March 2 (Reuters) - Wells Fargo & Co and Bank of America each pledged on Wednesday to donate $1 million to the American Red Cross and other non-profit groups that are helping Ukraine and refugees fleeing invasion by Russia.
Bank of America is spreading its donation across five groups - the Red Cross and Red Crescent network in Ukraine and the region, World Central Kitchen, Cooperative for Assistance and Relief Everywhere, International Medical Corps and Project Hope.
Wells Fargo, Bank of America each pledge $1 million aid for Ukraine, people fleeing Russian invasion
NEW YORK (Reuters) -Wells Fargo & Co and Bank of America each pledged on Wednesday to donate $1 million to the American Red Cross and other non-profit groups that are helping Ukraine and refugees fleeing invasion by Russia.
LGBTQ+ policiesConfirmedYou decide
Bank of America offers domestic partner benefits
Bank of America offered benefits to domestic partners in 1997 and received the highest score in HRC's Corporate Equality Index.
Bank of America’s new monthly debit card fee has been roundly criticized in recent weeks. But a new change in corporate policy change is likely to receive a much warmer reception. Starting next year, the nation’s largest bank will begin reimbursing its employees with same-sex partners for the extra taxes they pay for health insurance — something that their married heterosexual co-workers don’t have to worry about because the federal government recognizes them as an economic unit.
Bank of America was one of the pioneering companies to offer benefits to domestic partners in 1997, and it receives the highest score possible in HRC’s Corporate Equality Index.
Reproductive careConfirmedYou decide
Bank of America offers abortion travel reimbursement
Bank of America reportedly offers reimbursement for employee travel expenses to access legal abortion care.
NEW YORK (Reuters) - The second-largest U.S. bank, Bank of America, joined other top financial firms in saying on Friday it will cover travel costs for employees who need to go out-of-state to receive reproductive healthcare services like abortions, according to a statement from the bank.
Bank of America will cover employee travel costs for abortions
Citi, Bank of America, and Goldman Sachs responded to the Supreme Court's decision on Friday. Goldman said it will cover travel costs for employees seeking abortions, Insider first reported.
Bank of America joined a growing list of companies saying they will pay for employees to travel out of state for abortions after the U.S. Supreme Court overturned Roe v.
Bank of America to pay for employees to travel for abortions | Charlotte Observer
Bank of America joins companies paying for employee travel for abortions, reports say
Bank of America said it will reimburse travel for employees who need abortion services out of state.
One of the campaign’s 30-second TV ads listed the progressive initiatives that Bank of America has promoted in recent years. It claimed, "They’re funding abortions, demanding Americans comply with their woke climate agenda, they teach people that the U.S. is a system of White supremacy, while stripping away your Second Amendment rights.
Several of the companies, including Intuit and Bank of America, made statements last year offering to cover healthcare costs for employees who needed to travel out of state for medical procedures, in some cases explicitly mentioning abortion as an example.
Bank of America reportedly is among the latest to offer reimbursement for travel expenses incurred by an employee seeking an abortion in a state where it remains legal.
Bank of America joins companies supporting employee access to abortion – WSOC TV
Corporate conductAllegationAgainst
Bank of America is accused of inaccurately reporting HMDA data
Bank of America is accused of inaccurately reporting data required by the federal Home Mortgage Disclosure Act in a 2023 settlement with the CFPB.
In November 2023, Bank of America entered into a settlement with the CFPB to resolve allegations that it had inaccurately reported data required by the federal Home Mortgage Disclosure Act.
Corporate conductRulingAgainst
The Consumer Financial Protection Bureau issued a Consent Order against Bank of America for violations of the Home Mortgage Disclosure Act
ORDER TERMINATING THE CONSENT ORDER With the consent of Bank of America, N. A. (Respondent), by and through its Managing Director and President, the Consumer Financial Protection Bureau (Bureau) issued a Consent Order on November 28, 2023, for violations of the Home Mortgage Disclosure Act (HMDA), 12 U.S.C.
ORDER TERMINATING THE CONSENT ORDER With the consent of Bank of America, N. A. (Respondent), by and through its Managing Director and President, the Consumer Financial Protection Bureau (Bureau) issued a Consent Order on November 28, 2023, for violations of the Home Mortgage Disclosure Act (HMDA), 12 U.S.C.
ORDER TERMINATING THE CONSENT ORDER With the consent of Bank of America, N. A. (Respondent), by and through its Managing Director and President, the Consumer Financial Protection Bureau (Bureau) issued a Consent Order on November 28, 2023, for violations of the Home Mortgage Disclosure Act (HMDA), 12 U.S.C. §§ 2801-2810, and its implementing regulation , Regulation C, 12 C.F.R.
The Consumer Financial Protection Bureau cut short a five-year agreement with Bank of America Corp. over the bank’s alleged submission of false mortgage data as the significantly curtailed government agency rolls back a bevy of settlements, ending the monitoring of BofA more than three years early.
Corporate conductAllegationAgainst
Bank of America is accused of fraudulent sale of mortgage loans
Bank of America is accused of fraudulent sale of mortgage loans to Fannie Mae and Freddie Mac.
“For years, Countrywide and Bank of America unloaded toxic mortgage loans on the government sponsored enterprises Fannie Mae and Freddie Mac with false representations that the loans were quality investments,” said U.S. Attorney Preet Bharara for the Southern District of New York.
Attorney’s Office for the Southern District of New York, along with the Federal Housing Finance Agency’s Office of Inspector General and the Special Inspector General for the Troubled Asset Relief Program, conducted investigations into the origination of defective residential mortgage loans by Countrywide’s Consumer Markets Division and Bank of America’s Retail Lending Division as well as the fraudulent sale of such loans to the government sponsored enterprises Fannie Mae and Freddie Mac (the “GSEs”).
“For years, Countrywide and Bank of America unloaded toxic mortgage loans on the government sponsored enterprises Fannie Mae and Freddie Mac with false representations that the loans were quality investments,” said U.S. Attorney Preet Bharara for the Southern District of New York.
Attorney’s Office for the Southern District of New York, along with the Federal Housing Finance Agency’s Office of Inspector General and the Special Inspector General for the Troubled Asset Relief Program, conducted investigations into the origination of defective residential mortgage loans by Countrywide’s Consumer Markets Division and Bank of America’s Retail Lending Division as well as the fraudulent sale of such loans to the government sponsored enterprises Fannie Mae and Freddie Mac (the “GSEs”).
The United States Attorney’s Office for the Southern District of New York has conducted investigations of Countrywide and Bank of America’s origination and sale of defective residential mortgage loans to the Federal National Mortgage Association (“Fannie Mae”) and the Federal Home Loan Mortgage Corporation (“Freddie Mac”) (collectively, “government-sponsored enterprises” or “GSEs”), including investigating allegations asserted by: i. Relator, who filed a complaint on or about June 21, 2011, under the qui tam provisions of the False Claims Act, 31 U.S.C. §§ 3729, et seq., against Bank of America, three of its subsidiaries (Countrywide Financial Corporation, Landsafe Appraisal Services, Inc. and U.S. Trust), and another defendant, asserting inter alia, that, from 2004 to 2011, Bank of America and its subsidiaries originated residential mortgage loans using inflated appraisals and fraudulently sold those loans to the GSEs with misrepresentations as to the loans’ quality; ii.
Relator, who filed a complaint on or about June 4, 2014, under the qui tam provisions of the False Claims Act against Countrywide and Bank of America, alleging, inter alia, that, from 2009 to 2014, these entities fraudulently sold 2
The United States Attorney’s Office for the Southern District of New York has conducted investigations of Countrywide and Bank of America’s origination and sale of defective residential mortgage loans to the Federal National Mortgage Association (“Fannie Mae”) and the Federal Home Loan Mortgage Corporation (“Freddie Mac”) (collectively, “government-sponsored enterprises” or “GSEs”), including investigating allegations asserted by: i. Relator, who filed a complaint on or about June 21, 2011, under the qui tam provisions of the False Claims Act, 31 U.S.C. §§ 3729, et seq., against Bank of America, three of its subsidiaries (Countrywide Financial Corporation, Landsafe Appraisal Services, Inc. and U.S. Trust), and another defendant, asserting inter alia, that, from 2004 to 2011, Bank of America and its subsidiaries originated residential mortgage loans using inflated appraisals and fraudulently sold those loans to the GSEs with misrepresentations as to the loans’ quality; ii.
Climate & energyProposed settlementAgainst
Bank of America proposes proposed settlement for long term cleanup
Bank of America proposes a proposed settlement for long term cleanup, including groundwater remediation and vapor mitigation, funding the work instead of taxpayers.
Environmental Protection Agency (EPA) announced a proposed settlement with Bank of America to address the White Swan Cleaners/Sun Cleaners Area Groundwater Contamination Superfund Site in Wall Township, Monmouth County, New Jersey.
“This settlement with Bank of America ensures that long term cleanup, including remediation of contaminated groundwater and future vapor mitigation work, will be funded by the responsible party, not by the taxpayers,” New Jersey Commissioner of Environmental Protection Shawn M.
Workplace equityConfirmedYou decide
Bank of America scraps diversity hiring goals
Bank of America scraps diversity goals for hiring and interviewing candidates.
Bank of America scraps diversity goals in latest Wall Street DEI retreat | Fortune
Bank of America Corp. is rolling back workplace representation targets and replacing references to diversity, joining peers in citing legal changes under the Trump administration.
BlackRock and Bank of America dropped their Diversity, Equity, and Inclusion policies — becoming the latest Wall Street giants to scrap the controversial initiative after the White House declared war on woke in corporate America.
Bank of America, which also filed its annual report yesterday, removed all references to “diversity and inclusion” mentioned in its 2023 report.
Bank of America, BlackRock and Citigroup have publicly scaled back DEI commitments, while Capital One appears to be walking a fine line, paring down efforts without making headlines.
Bank of America Corp. is rolling back workplace representation targets and replacing references to diversity, joining peers in citing legal changes under the Trump administration.
FOR THE DISTRICT OF KANSAS IN RE: BANK OF AMERICA WAGE AND HOUR EMPLOYMENT LITIGATION No. 10-MD-2138-JWL This Order Relates to All Cases __________________________________ MEMORANDUM & ORDER This multidistrict litigation proceeding consolidates numerous putative collective and class actions against Bank of America, N.A.
If you want to be excluded from the settlement – keeping your rights to sue Bank of America separately – or want to object to the court's decision, you must act before July 7.
Corporate conductAllegationAgainst
Bank of America is accused of misconduct leading to $109.22M disgorgement
Bank of America is accused of engaging in conduct that resulted in a $109,220,000 disgorgement order, including prejudgment interest and a civil penalty.
and Bank of America, N.A., for disgorgement of $109,220,000, representing profits gained as a result of the conduct alleged in the Complaint, together with prejudgment interest thereon in the amount of $6,620,000, and a civil penalty in the amount of $109,220,000 pursuant to Section 20(d) of the Securities Act [15 U.S.C.
Corporate conductRulingAgainst
Bank of America fined for cartel trading
The European Commission fined Bank of America for participating in a SSA bonds trading cartel.
participating in SSA bonds trading cartel Brussels, 28 April 2021 The European Commission has fined Bank of America Merrill Lynch , Cr é dit Agricole , and Credit Suisse a total of € 28 494 000 for breaching EU antitrust rules.
Antitrust: Commission fines investment banks € 371 million for participating in a European Governments Bonds trading cartel Brussels, 20 May 2021 The European Commission has found that Bank of America , Natixis , Nomura , RBS (now NatWest), UBS , UniCredit and WestLB (now Portigon) have breached EU antitrust rules through the participation of a group of traders in a cartel in the primary and secondary market for European Government Bonds (‘EGB'). Fines totalling € 371 million are imposed on Nomura, UBS and UniCredit.
Antitrust: Commission fines investment banks €28 million for participating in SSA bonds trading cartel The European Commission has fined Bank of America Merrill Lynch, Crédit Agricole, and Credit Suisse a total of €28,494,000 for breaching EU antitrust rules.
Antitrust: Commission fines investment banks € 371 million for participating in a European Governments Bonds trading cartel The European Commission has found that Bank of America, Natixis, Nomura, RBS (now NatWest), UBS, UniCredit and WestLB (now Portigon) have breached EU antitrust rules through the participation of a group of traders in a cartel in the primary and secondary market for European Government Bonds (‘EGB').
Bank of America and its Merrill Lynch investment company settled a lawsuit with two Black women employees who said they were excluded from opportunities because of their race and sex, according to New York federal court records reviewed by The Charlotte Observer.
Corporate conductRulingAgainst
Bureau issues consent order for Bank of America deceptive practices
Consumer Financial Protection Bureau issues a consent order against Bank of America for failing to disclose online-only bonuses and applying for credit cards without consumer consent.
UNITED STATES OF AMERICA CONSUMER FINANCIAL PROTECTION BUREAU ADMINISTRATIVE PROCEEDING File No. 2023-CFPB -0007 In the Matter of: BANK OF AMERICA, N.A., CONSENT ORDER The Co nsumer Financial Protection Bureau (Bureau) has identified the following violations of law by Bank of America, N.A. (Bank, or Respondent, as defined below): (i) with respect to promotional bonus offers on rewards credit cards, Respondent created the deceptive net impression that bonuses linked to rewards credit cards were available to all consumers when those bonuses were only available to consumers who applied online, and denied bonuses to certain targeted consumers who applied in-person and over the phone; and (ii) with respect to offering consumer credit card accounts, in some instances, Respondent applied for and opened credit cards for consumers without their consent and obtained consumer reports for those consumers without a permissible purpose.
STIPULATION AND CONSENT TO THE ISSUANCE OF A CONSENT ORDER The Consumer Financial Protection Bureau (Bureau) intends to initiate an administrative proceeding against Bank of America, N.A. (Respondent ), under 12 U.S.C. §§ 5563 and 5565, (a) for its failure to disclose in online advertisements that certain bonuses linked to rewards credit cards were being offered only to consumers who applied online, and failure to provide rewards card bonuses to certain targeted consumers who applied in-person and over the phone, due to emplo yee error at registration, in violation of the CFPA 's prohibition on unfair, deceptive, or abusive acts or practices, 12 U.S.C. §§ 553 1, 5536; and (b) for applying for and opening credit cards for consumers without their consent and obtaining credit reports for those consumers without a permissible purpose in violation of the Truth in Lending Act (TILA), 15 U.S.C. §§ 1601 et seq., and its implementing regulation, Regulation Z, 12 C .F.R. part 1026; the Fair Credit 2023-CFPB-0007 Document 2 Filed 07/11/2023 Page 1 of 6
2022-CFPB-0002 In the Matter of: CONSENT ORDER BANK OF AMERICA, N.A. The Consumer Financial Protection Bureau (“Bureau”) has reviewed the garnishment-related practices of Bank of America, N.A. (“Respondent”) and has identified t he following law violations: (1) Respondent engaged in unfair acts and practices by responding to and processing garnishment notices against out-of-state bank accounts in violation of certain garnishment-issuing states’ prohibitions against out-of-state garnishment; (2) Respondent engaged in unfair acts and practices by failing to apply the appropriate state exemptions to certain consumers’ deposit accounts after receiving garnishment notices; (3) Respondent engaged in deceptive acts and practices by misrepresenting to consumers, by implication, the applicable state exemption rights for garnishment by applying the issuing state’s exemptions instead of the exemptions of the consumer’s state of residence, where 2022-CFPB-0002 Document 1 Filed 05/04/2022 Page 1 of 47
Bank of America will reimburse customers more than $100 million and pay $150 million in fines for “double-dipping” on overdraft fees, withholding reward bonuses on credit cards and opening accounts without customer consent.
Bank of America also offered people cash rewards and bonus points when signing up for a card, but the CFPB said the bank illegally withheld promised credit card account bonuses.
“Bank of America wrongfully withheld credit card rewards, double-dipped on fees, and opened accounts without consent,” said CFPB Director Rohit Chopra, in a statement.
Bank of America opened accounts without consent, withheld customer reward bonuses and 'double-dipped' on overdraft fees | Fortune
In 2014 the CFPB ordered Bank of America to pay $727 million for illegal credit card practices.
“Bank of America wrongfully withheld credit card rewards, double-dipped on fees, and opened accounts without consent,” said CFPB Director Rohit Chopra, in a statement.
In 2014 the CFPB ordered Bank of America to pay $727 million for illegal credit card practices.
Brian Moynihan Chairman and CEO Bank of America 100 North Tryon Street Charlotte, NC 28255 Dear Mr. Moynihan: In light of growing incidences of fraud in the financial system, we write to request information about the protocols and systems you have in place to protect consumers. In 2023, consumers lost more than $10 billion due to fraud—through both unauthorized and fraudulently induced transactions1—up 14 percent from the year before.2 According to the Federal Trade Commission, in terms of dollars lost, “Bank Transfer or Payment” is the largest payment method used by fraudsters.3 Additionally, the FBI has received reports of nearly $3 billion in losses associated with “business email compromise” scams overall, which are carried out by fraudsters who compromise email accounts to conduct unauthorized transfers of funds— usually by wire.4 Those figures are deeply troubling.
In July 2023, Bank of America entered into consent orders with the Consumer Financial Protection Bureau (CFPB) and Office of the Controller of the Currency (OCC) to resolve allegations related to nonsufficient funds (NSF) fees, a consent order with the CFPB to resolve allegations concerning credit card practices, and a settlement with the SEC to resolve allegations that the Bank applied an incorrect monetary threshold to determine whether to file certain Suspicious Activity Reports with the Financial Crimes Enforcement Network.
NEW YORK - Federal regulators said Tuesday they found that Bank of America harmed customers by double-dipping on fees, withholding credit card rewards and opening fake accounts, all of which are violations of various consumer financial protection laws.
Bank of America accused of opening fake accounts, charging illegal junk fees
Bank of America accused of opening fake accounts, charging illegal junk fees - CBS Boston
"Bank of America wrongfully withheld credit card rewards, double-dipped on fees and opened accounts without consent," CFPB Director Rohit Chopra said in a statement.
Bank of America created bogus accounts and double-charged customers, regulators say
Federal regulators are accusing Bank of America of opening accounts in people's name without their knowledge, overcharging customers on overdraft fees and stiffing them on credit card reward points.
The $250 million financial penalty is one of the highest ever levied against Bank of America. Last year, the bank was hit with a $10 million fine for improperly garnishing customers' wages and also paid a separate $225 million for mismanaging state unemployment benefits during the pandemic. In 2014, it paid $727 million for illegally marketing credit-card add-on products.
Bank of America also offered people cash rewards and bonus points when signing up for a card, but illegally withheld promised credit card account bonuses, the regulators said.
Bank of America was fined $250 million this week by US federal regulators for allegedly harming customers by double-dipping on fees, withholding credit card rewards and opening fake accounts.
Bank of America advertised bonuses and rewards to credit card customers, and then failed to provide them to everyone who qualified.
Recently, the CFPB took action against Bank of America for breaking federal laws that apply to financial products, including bank accounts and credit cards.
Bank of America also violated the Fair Credit Reporting Act by using or obtaining consumer reports without a permissible purpose in connection with unauthorized credit cards, as well as the Truth in Lending Act and its implementing Regulation Z, by issuing credit cards to consumers without their knowledge or consent.
Bank of America will pay a total of $90 million in penalties to the CFPB and $60 million in penalties to the OCC.
CFPB Takes Action Against Bank of America for Illegally Charging Junk Fees, Withholding Credit Card Rewards, and Opening Fake Accounts | Consumer Financial Protection Bureau
The Bureau further found that Bank of America engaged in deceptive acts or practices by: (a) advertising a sign-up bonus for a rewards card on its website, making it appear it was available to all applicants, but later denying the bonus to consumers who applied over the phone or in person and not online; and (b) offering a sign-up bonus for a rewards card to certain consumers but then failing to provide them the promised bonuses due to employee error.
Specifically, the Bureau found that in certain instances Bank of America opened credit card accounts without consumer consent and in doing so, obtained consumer credit reports without a permissible purpose, in violation of the Truth in Lending Act and its implementing regulation, the Fair Credit Reporting Act, and the Consumer Financial Protection Act of 2010.
CFPB Takes Action Against Bank of America for Illegally Charging Junk Fees, Withholding Credit Card Rewards, and Opening Fake Accounts
On July 11, 2023, the Bureau issued an order against Bank of America, N.A., which is a depository institution based in Charlotte, North Carolina to address the Bureau’s findings regarding the bank’s opening unauthorized consumer financial accounts and its misleading statements regarding certain credit cards rewards.
In addition to the $90 million penalty, the CFPB also ordered Bank of America to compensate consumers charged unlawful non-sufficient funds fees who have yet to be made whole by the bank, totaling $80.4 million in consumer redress.
“Bank of America wrongfully withheld credit card rewards, double-dipped on fees and opened accounts without consent,” Consumer Financial Protection Bureau Director Rohit Chopra said in a prepared statement.
Bank of America to pay $250M in refunds, fines over customer practices - The Washington Post
Workplace equitySettlementAgainst
Bank of America agreed to pay remediation to select mortgage applicants whose applications were decided under prior underwriting guidelines
Bank of America also agrees to pay remediation to select mortgage applicants that the Parties have jointly identified and whose applications were decided under the Bank's prior underwriting guidelines as further set forth herein .
In [MONTH] 2020, Bank of America agreed to settle the United States' claims regarding discrimination in mortgage lending on the basis of disability for certain mortgage loan applications made to the Bank between January 2010 and May 2017.
Bank of America also agrees to pay remediation to select mortgage applicants that the Parties have jointly identified and whose applications were decided under the Bank's prior underwriting guidelines as further set forth herein.
Bank of America also agrees to pay remediation to select mortgage applicants that the Parties have jointly identified and whose applications were decided under the Bank's prior underwriting guidelines as further set forth herein .
Although Bank of America denies any wrongdoing or violation of law, Bank of America has agreed to compensate applicants and homeowners who were denied (or may have been denied) mortgage loans or home equity lines of credit because the applicant, or a co-borrower had a legal guardian or conservator. Under the settlement, [IDENTIFIED APPLICANT] is entitled to receive a payment of $XXX.
Bank of America agrees to maintain the new underwriting guidelines described above in paragraph 4, and to continue training its employees on these guidelines, and as further provided herein, to ensure that applicants represented by legal guardians and conservators are treated in a manner that does not discriminate on the basis of disability , consistent with the requirements of the FHA.
Although Bank of America denies any wrongdoing or violation of law, Bank of America has agreed to compensate applicants and homeowners who were denied (or may have been denied) mortgage loans or home equity lines of credit because the applicant, or a co-borrower had a legal guardian or conservator.
Labor & working conditionsConfirmedIn favor
Bank of America raises hourly worker pay final step
Bank of America pays raise to hourly workers as final step in long-term plan.
Bank of America is raising its minimum wage to $24 per hour, getting a step closer to the company’s goal of increasing it to $25 per hour by 2025, the U.S. lender announced on Tuesday.
Political spendingConfirmedYou decide
Bank of America gives $5.3 million to Republican convention host committee
Bank of America donated $5.3 million to the host committee of the 2020 Republican National Convention in Charlotte.
Bank of America said Wednesday that it raised its U.S. minimum hourly wage to $25 an hour, making the starting salary for full-time employees more than $50,000 a year while committing to doubling its hires for community college graduates.
Bank of America raises minimum salary to $24 per hour Bank of America will pay hourly workers at least $24 per hour — a big jump from early 2019, when it paid $15 per hour.
Bank of America has been raising wages relatively aggressively for its hourly workers since early 2019, when it paid $15 per hour.
CHARLOTTE — Bank of America announced it will raise its U.S. minimum hourly wage to $25, effective in early October, increasing the minimum annual salary for full-time employees to over $50,000.
Workplace equityRulingAgainst
Bank of America settled a disability discrimination lawsuit filed
Bank of America Settles EEOC Disability Discrimination Lawsuit.
CHICAGO - Bank of America will pay $110,000 to a former temporary worker and provide other equitable relief under a consent decree resolving a disability discrimination case brought by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.
"Of the millions of working-age Americans with vision loss, research has shown that fewer than half are employed, An employer of the size and sophistication of Bank of America, which employs an enormous number of people working at computer terminals, ought to be a national leader in employing individuals with disabilities, including vision loss, and a leader in ADA compliance generally," said John Hendrickson, EEOC Chicago district regional attorney.
According to EEOC's suit, Bank of America unlawfully denied a reasonable accommodation to a more than 12-year, deaf employee, who worked at a Bank of America vault location in Las Vegas.
Bank of America Settles EEOC Disability Discrimination Lawsuit
The EEOC filed suit in September 2013 (EEOC v. Bank of America Corporation, et al., Case No. 2:13-cv-01754-GMN-VCF) after first attempting to reach a pre-litigation settlement through its voluntary conciliation process.
Bank of America Settles EEOC Disability Discrimination Lawsuit | U.S. Equal Employment Opportunity Commission
The EEOC filed suit under the Americans With Disabilities Act (ADA) after first attempting to reach a voluntary settlement with Bank of America through its conciliation process.
Rowe, the EEOC's district director in Chicago, said the agency found reasonable cause to believe that Bank of America was aware of the vision impairment of the worker at the bank's 540 West Madison Street facility in Chicago and did not even consider the possibility of accommodating him.
Bank of America said it applies uniform practices to the management and marketing of vacant bank-owned properties across the U.S., regardless of location.
Corporate conductConfirmedAgainst
Employee at Bank of America reached out to Epstein about loans
In 2017, an employee at Bank of America reached out to Jeffrey Epstein to inquire if anyone in his network needed financing for yachts or artworks.
In 2017, less than a year into his tenure at Bank of America, he reached out to Epstein to see if anyone in his network needed to borrow money for yachts or artworks.
Policing & prisonsConfirmedYou decide
Bank of America has seats on Chicago and NYC police foundation boards
Bank of America has seats on both the Chicago and New York City police foundation boards.
“Requiring an admission of wrongdoing as part of Bank of America’s agreement to resolve the SEC charges filed today provides an additional level of accountability for its violation of the federal securities laws.”
“Bank of America failed to make accurate and complete disclosure to investors and its illegal conduct kept investors in the dark,” said Rhea Kemble Dignam, Regional Director of the SEC’s Atlanta Office.
“Even reputable institutions like Bank of America caved to the pernicious forces of greed and cut corners, putting profits ahead of their customers.
“Bank of America failed to make accurate and complete disclosure to investors and its illegal conduct kept investors in the dark,” said Rhea Kemble Dignam, Regional Director of the SEC’s Atlanta Office.
“Even reputable institutions like Bank of America caved to the pernicious forces of greed and cut corners, putting profits ahead of their customers.
“Requiring an admission of wrongdoing as part of Bank of America’s agreement to resolve the SEC charges filed today provides an additional level of accountability for its violation of the federal securities laws.”
In January 2010, the Commission file d the fourth quarter losses action as a related case to the bonuses action charging Bank of America with violating Section 14(a) and Rule 14a-9 by failing to disclose, prior to the December 5 shareholder meeting, the “extraordinary losses” that Merrill sustained in October and November 2008.
The Q4 Losses Action, filed on January 12, 2010, charges Bank of America with violating Section 14(a) and Rule 14a-9 based on the Bank’s failure to disclose, prior to the December 5 shareholder meeting to approve the merger, extraordinary losses that Merrill sustained in October and November 2008.
Corporate conductRulingAgainst
Bank of America was named as a defendant in a class action lawsuit alleging that it violated California laws
On August 13, 1998, Bank of America, N.A.’s predecessor was named as a defendant in a class action filed in Superior Court of California, County of San Francisco entitled Paul J. Miller v. Bank of America, N.A. challenging its practice of debiting accounts that received, by direct deposit, governmental benefits to repay fees incurred in those accounts.
Bank of America agrees to pay $250 million for illegal fees, fake accounts NPR's Michele Martin talks to Rohit Chopra, director of the Consumer Financial Protection Bureau, about penalties imposed on Bank of America for illegal business practices.
On February 15, 2004, the jury found that Bank of America, N.A. violated certain California laws and imposed damages of approximately $75 million and awarded the class representative $275,000 in emotional distress damages.
On August 13, 1998, Bank of America, N.A.’s predecessor was named as a defendant in a class action filed in Superior Court of California, County of San Francisco entitled Paul J. Miller v. Bank of America, N.A. challenging its practice of debiting accounts that received, by direct deposit, governmental benefits to repay fees incurred in those accounts.
Political spendingConfirmedYou decide
Bank of America contributes $1 million to Trump and Biden funds
Bank of America contributed $1 million to both Trump's first inaugural fund and President Joe Biden's 2021 fund.
Bank of America Securities won’t be prosecuted for alleged market manipulation, according to the U.S. Department of Justice, but the company’s investment banking division will pay $5.56 million to settle the case.
Corporate conductRulingAgainst
Judge orders Bank of America to pay $100 million
Judge ordered Bank of America to pay more than $100 million to customers.
Bank of America is being ordered to pay more than $100 million to customers for double-dipping on some fees imposed on customers, withholding reward bonuses explicitly promised to credit card customers, and misappropriating sensitive personal information to open accounts without customer knowledge or authorization.
Bank of America to pay $250 million in wake of CFPB probe | Charlotte Observer
Charlotte-based Bank of America is paying over $100 million to compensate customers, and another $150 million in penalties, for actions that hurt “hundreds of thousands of consumers,” a federal agency said Tuesday.
WASHINGTON, D.C. – Today, the Consumer Financial Protection Bureau (CFPB) ordered Bank of America to pay more than $100 million to customers for systematically double-dipping on fees imposed on customers with insufficient funds in their account, withholding reward bonuses explicitly promised to credit card customers, and misappropriating sensitive personal information to open accounts without customer knowledge or authorization.
Bank of America will pay more than $100 million to harmed consumers, and $150 million in penalties to CFPB and Office of the Comptroller of the Currency
Bank of America, one of the nation's largest banks, is being ordered to pay more than $100 million to customers and $150 million in fines for illegally charging customers for junk fees, fake accounts and withholding rewards.
The OCC found that Bank of America charged customers tens of millions of dollars in fees on resubmitted transactions.
Upon representment, if the customer’s account still had insufficient funds, Bank of America either charged an additional $35 NSF fee or paid the transaction and charged a $35 overdraft fee.