Sample Letter For Objecting To Lame BoA Settlement

If you’re disgusted by the pitiful compensation proposed in the Bank of America privacy violation settlement, check out Hayden’s sample letter for inspiration for registering your objection.

[Insert address]

Re: Consumer Privacy Cases, J.C.C.P. No. 4211

As a Class Member, I object to the settlement in Consumer Privacy Cases, J.C.C.P. No. 4211.

I find the proposed settlements as I understand them:

• Two-hundred dollars ($200) off my next home mortgage,
• Fees waived on returned deposited items,
• Fees returned for calling customer service,
• Twelve (12) months free subscription to a credit card protection service ($30 value),
• or Ninety (90) days of “Privacy Assist Identity Theft Protection Service” ($17.85 value);
• and a $3.25 million donation to “privacy-related projects”,

to be inadequate given Bank of America’s gross extended breach of privacy and breach of the public trust.

I feel that Bank of America will ultimately benefit and profit from every single settlement voucher redeemed. I also feel that this settlement will indemnify Bank of America against future legal actions regarding this massive, extended breach of privacy.

In January 2006, ChoicePoint, Inc. agreed to pay $15-million to settle Federal Trade Commission charges that the data warehouser’s security and record-handling procedures violated consumers’ privacy rights , affecting over 163,000 customers at an average of $92 per security breach.

In October 2003, Victoria’s Secret, a division of Limited Brands, paid a $50,000 settlement to the State of New York for a breach of privacy on their website between August and November 2002, revealing the name, addresses, and orders of 560 customers at an average of $90 per security breach.

Not only should Bank of America not profit from their actions, which they will with this settlement, but given the ChoicePoint, Inc. and Victoria’s Secret precedents, they should issue a refund of $90 per account to present and former account holders during the period of 1995 through 2007, in addition to complimentary identity theft protection for up to twelve months and a $3.25 million donation to privacy-related projects.


Thanks for the great letter, Hayden. If you want to send a letter like the one above, mail it to the three addresses below in time for it to arrive by August 15th, 2007:

Clerk of the Court
San Francisco Superior Court
400 McAllister St
San Francisco, CA 94102

Bonny Sweeney
Lerach Coughlin, LLP
655 W. Broadway
Suite 1900
San Diego, CA 92101

Arne Wagner
Calvo & Clark, LLP
1 Lombard Street
2nd Floor
San Francisco, CA 94111

PREVIOUSLY: Proposed Settlement For BoA Selling Your Private Information: $200 Off Your Next Mortgage!
(Photo: Getty)

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