Frequently Asked Questions

A Court authorized a Class Notice because you have a right to know about a proposed Settlement of a class action lawsuit known as Fonseca v. Bank of America, N.A., Case No. 2023-018034-CA-01 and about all of your options before the Court decides whether to give Final Approval to the Settlement. This website explains the lawsuit, the Settlement, and your legal rights.

Judge Valerie R. Manno Schurr of the Circuit Court of Miami-Dade County, Florida 25 Division, is overseeing this case. The person who sued, Andrea Fonseca, is called the “Plaintiff.” Bank of America is called the “Defendant.”  

The lawsuit alleges that Bank of America sent consumer account communications between 9:00 p.m. and 8:00 a.m. on or after April 22, 2020, in violation of the FCCPA and seeks actual and statutory damages under the FCCPA on behalf of the named Plaintiff and a class of all individuals in Florida.

Bank of America denies each and every allegation of wrongdoing, liability, and damages that were or could have been asserted in the litigation and that the claims in the litigation would be appropriate for class treatment if the litigation were to proceed through trial.

The Plaintiff’s Complaint, Settlement Agreement, and other case-related documents are posted in the Documents section of this website. The Settlement resolves the lawsuit. The Court has not decided who is right. 

The FCCPA is a Florida law that restricts certain conduct when communicating and attempting to collect consumer debts.

In a class action, one person called the “Class Representative” (in this case, Plaintiff Andrea Fonseca) sues on behalf of herself and other people with similar Claims. 

All of the people who have Claims similar to the Plaintiff are Settlement Class Members, except for those who exclude themselves from the class.

The Court has not found in favor of either Plaintiff or Bank of America. Instead, both sides have agreed to a Settlement. By agreeing to the Settlement, the parties avoid the costs and uncertainty of a trial, and if the Settlement is approved by the Court, Settlement Class Claimants will receive the benefits described on this website. Bank of America denies all legal Claims in this case. Plaintiff and Plaintiff’s lawyers think the proposed Settlement is best for everyone who is affected.

The Settlement includes all persons who received a pre-recorded call and/or message on their cell phone from Bank of America. Specifically, the Settlement Class is defined as:

All Florida residents (1) who were sent a Communication  not known to be undeliverable (2) between 9:00 P.M. and 8:00 A.M. in the resident’s local Florida time zone, (3) by Bank of America  or on Bank of America’s behalf (4) regarding a Consumer Account , (5) where such Communication occurred on or between April 22, 2020 and the date of the Final Approval Order. 

Persons meeting this definition are referred to collectively as the “Settlement Class” and, individually, as “Settlement Class Members.”

Excluded from the Settlement Class are: (1) the trial judge presiding over this case; (2) Defendant, as well as any parent, subsidiary, affiliate, or control person of Defendant, and the officers, directors, agents, servants, or employees of Defendant; (3) any of the Released Parties; (4) the immediate family of any such person(s); any Settlement Class Member who has timely opted out of this proceeding; and (6) Plaintiff’s Counsel, their employees, and their immediate family.

If you are not sure whether you are in the Settlement Class or have any other questions about the Settlement, review this Settlement Website or call the toll-free number, (833) 383-9050. You also may send questions to the Administrator at Fonseca v. Bank of America, c/o Kroll Settlement Administration, P.O. Box 5324, New York, NY 10150-5324.

To fully settle and release claims of the Settlement Class Members, Bank of America has agreed to make Claim Settlement Payments to the Settlement Class Members and pay for Notice and Administration Costs of the Settlement (the “Settlement Fund”). Defendant will pay $500,000 to the Settlement Fund. Each Settlement Class Member who submits a timely, valid, correct and verified Claim Form by the Claim Deadline in the manner required by this Agreement, making all the required affirmations and representations, shall be sent a Claim Settlement Check by the Administrator on a pro rata basis not to exceed $500. Settlement Class Claimants will receive their Claim Settlement Payments via the method submitted on their Claim Form within 60 Days following the Effective Date. 

If you qualify for a Claim Settlement Payment, you must complete and submit a valid Claim Form. You may download a Claim Form from the Documents section of this website, or request a Claim Form by calling the Administrator at the toll-free number (833) 383-9050. To be valid, a Claim Form must be completed fully and accurately, signed under penalty of perjury, and submitted timely.

You must submit a Claim Form by U.S. mail or through the Settlement Website, and it must be submitted or postmarked by January 26, 2024. 

Please read the Claim Form carefully and provide all the information required. Only one Claim Form may be submitted per Settlement Class Member.

Claim Settlement Payments to Settlement Class Members will be made only after the Court grants Final Approval to the Settlement and after any appeals are resolved (FAQ 19 below). If there are appeals, resolving them can take time. Please be patient.  

Any Claim Settlement Payments will be made via the method you submitted on your Claim Form.  

If you do not want benefits from the Settlement, and you want to keep the right to sue or continue to sue Bank of America on your own about the legal issues in this case, then you must take steps to get out of the Settlement. This is called excluding yourself—or it is sometimes referred to as “opting out” of the Settlement Class.

To exclude yourself from the Settlement, you must send a timely letter by mail to:

No. Unless you exclude yourself, you give up the right to sue Bank of America for the claims that the Settlement resolves. You must exclude yourself from this Settlement Class in order to pursue your own lawsuit.

Unless you opt out of the Settlement, you cannot sue or be part of any other lawsuit against Bank of America about the issues in this case, including any existing litigation, arbitration, or proceeding. Unless you exclude yourself, all of the decisions and judgments by the Court will bind you. 

The Settlement Agreement is available in the Documents section of this website. The Settlement Agreement provides more detail regarding the Releases and describes the Released Claims with specific descriptions in necessary, accurate legal terminology, so read it carefully. You can talk to the law firms representing the Settlement Class listed in Question 15 for free, or you can, at your own expense, talk to your own lawyer if you have any questions about the Released Claims or what they mean.

No. You will not get a Claim Settlement Payment from the Settlement Fund if you exclude yourself from the Settlement.

The Court has appointed the following lawyers as “Class Counsel” to represent all members of the Settlement Class.

JIBRAEL S. HINDI, ESQ.
Florida Bar No.: 118259
[email protected]
The Law Offices of Jibrael S. Hindi
110 SE 6th Street, Suite 1744
Fort Lauderdale, Florida 33301
Phone: 954-907-1136

MANUEL S. HIRALDO, ESQ.
Florida Bar No. 030380
[email protected]
Hiraldo P.A.
401 E Las Olas Blvd., Ste. 1400
Fort Lauderdale, FL 33301
Phone: 954-400-4713

You will not be charged for these lawyers. If you want to be represented by another lawyer, you may hire one to appear in Court for you at your own expense.

Class Counsel intend to request up to $150,000 for Attorneys’ Fees and Expenses incurred in the litigation. The Attorneys’ Fees and Expenses awarded by the Court will be paid separately from the Settlement Fund. The Court will decide the amount of fees and expenses to award. 

Class Counsel will also request that a Service Award of $3,500 to be paid separately from the Settlement Fund to the Class Representative for her service as representative on behalf of the whole Settlement Class.

If you are a Settlement Class Member (and do not exclude yourself from the Settlement Class), you can object to any part of the Settlement. To object, you must timely submit a letter that includes the following:

1) A heading that includes the case name and case number;

2) Your full name, mailing address, e-mail, telephone number;

3) An explanation of the basis on which the objector claims to be a Settlement Class Member;

Clerk of the Court Miami-Dade County Clerk of Court 73 W. Flagler Street, Room 133 Miami, Florida 33130

Class Counsel Manuel Hiraldo Hiraldo P.A. 401 E Las Olas Blvd., Ste. 1400 Fort Lauderdale, FL 33301

Defendant's Counsel Sara F. Holladay McGuireWoods LLP 50 N. Laura Street, Suite 3300 Jacksonville, FL 32202

The Court has scheduled a Final Approval Hearing on January 11, 2024 at 11:00 a.m. ET, which will be held electronically. The Final Approval Hearing may be moved to a different date or time without additional notice, so it is a good idea to check this website for updates. At this Final Approval Hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. The Court will also consider the requests by Class Counsel for Attorneys’ Fees and Expenses and for a Service Award to the Class Representative. If there are objections, the Court will consider them at that time. After the Final Approval Hearing, the Court will decide whether to approve the Settlement. It is unknown how long these decisions will take.

No. Class Counsel will answer any questions the Court may have. But, you are welcome to attend the Final Approval Hearing at your own expense. If you send an objection, you do not have to come to Court to talk about it. As long as you submitted your written objection on time to the proper addresses and it complies with all the other requirements set forth above, the Court will consider it. You may also pay your own lawyer to attend the Final Approval Hearing, but it is not necessary.

If you are a Settlement Class Member and do nothing, meaning you do not file a timely Claim, you will not get benefits from the Settlement. Further, unless you exclude yourself, you will be bound by the judgment entered by the Court.