BofA Agrees 7 Data Breach Class Actions Should Be Consolidated

Defendant Bank of America agrees with class-action plaintiff Kylie Meyer’s April 13 motion that the court should consolidate Meyer’s data breach complaint with six others, and should set a deadline for filing a single consolidated complaint, said BofA’s response Monday (docket 2:23-cv-01340) in U.S. District Court for Eastern Pennsylvania in Philadelphia. BofA is alleged to have sold delinquent credit card accounts to NCB Management Solutions for collection, and NCB is alleged to have enabled hackers to access the personally identifiable information of nearly 500,000 account holders in early February. BofA doesn’t oppose the plaintiffs’ request for appointment of interim co-lead class counsel, liaison counsel and a steering committee, but “the particular structure and division of responsibilities” that the plaintiffs propose “risk undermining the interests of the putative class” and burdening the court, it said. BofA thinks the court should grant the plaintiffs’ motion “to the extent that it seeks to consolidate” the related actions and to set a schedule for the filing of a consolidated complaint, it said. BofA “otherwise takes no position” on the plaintiffs’ motion.