The U.S. Supreme Court has declined to review a Ninth Circuit ruling reinstating a proposed consumer class action against Bank of America over its allegedly predatory lending activities. As reported by Law 360, the banking giant’s failed attempt to get the ruling reviewed leaves in place a Ninth Circuit panel ruling from earlier this year that reinstated a proposed consumer fraud class action brought against Bank of America NA by lead plaintiff Donald Lusnak, a California homeowner. According to Law 360, the suit “sought to force the North Carolina-based bank to comply with a California law requiring mortgage lenders to pay at least 2 percent interest on borrowers’ escrow accounts.”
The class complaint alleges that Bank of America’s lending practices made it extremely hard if not impossible for borrowers to pay off mortgages, eventually leading many to lose their homes. The suit also brings breach of contract claims against the bank, as plaintiff’s mortgage language specifically required Bank of America to pay escrow interest if applicable state laws require it. BofA refused to pay the required interest even though some other national banks in California do.