Effective Aug. 27, 2026; an updated agreement takes effect Oct. 19, 2026
This version of the Agreement shows an effective date of August 27, 2026. A notice at the top of the page says Bank of America is updating the Online Banking Service Agreement effective October 19, 2026, and invites readers to preview the new agreement. The text of that updated agreement is not part of this source.
Supporting quotations
WE’RE UPDATING OUR ONLINE BANKING SERVICE AGREEMENT EFFECTIVE OCTOBER 19, 2026.
Preview our new Online Banking Service Agreement.
Effective Date: August 27, 2026
Qualifications & exceptions
Applies to the version effective August 27, 2026
A replacement version is announced for October 19, 2026
Not stated here
The terms of the updated agreement effective October 19, 2026 are not supplied, so what will change is unknown.
Agreement contains an arbitration clause and a class action waiver
A capitalized notice at the start states that the Agreement contains an arbitration clause, a class action waiver, and other important information about your legal rights, remedies and obligations if there is a dispute involving you and Bank of America, and asks you to read the document carefully. The notice itself only flags these terms; it does not set out how arbitration or the waiver works. It also does not mention that the arbitration terms later in the Agreement state that consumers have a right to opt out of the agreement to arbitrate.
Supporting quotations
THIS AGREEMENT CONTAINS AN ARBITRATION CLAUSE, CLASS ACTION WAIVER, AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS IN THE EVENT OF A DISPUTE INVOLVING YOU AND BANK OF AMERICA.
PLEASE READ THIS DOCUMENT CAREFULLY.
CONSUMERS HAVE A RIGHT TO OPT OUT OF THIS AGREEMENT TO ARBITRATE.
Qualifications & exceptions
Notice only; the operative arbitration and class action waiver terms are not in this paragraph
The later arbitration terms give consumers a right to opt out of arbitration, which this notice does not mention
Who is bound and which online and mobile banking services are covered
The Agreement is between Bank of America, N.A. and "you," defined as each owner of an eligible account, a person applying for an eligible account, or an authorized representative appointed or entitled to online access on another person's behalf. It governs your use of any online or mobile banking services Bank of America maintains that are accessible through bankofamerica.com from a personal computer or a mobile device, including a smartphone, tablet, or any other eligible handheld or wearable communication device (together, the "Services").
Supporting quotations
This Agreement is between each owner of an eligible account, a person applying for an eligible account, or authorized representative appointed or entitled to online access on another person’s behalf (“you” or “your”) and Bank of America, N.A. (Bank of America).
This Agreement governs your use of any online or mobile banking services maintained by Bank of America and accessible through bankofamerica.com using a personal computer or a mobile device, including a smartphone, tablet, or any other eligible handheld or wearable communication device (the “Service(s)”).
Qualifications & exceptions
"You" includes applicants and authorized representatives, not only account owners
Covers services accessible through bankofamerica.com on computers and on mobile, handheld or wearable devices
Not stated here
This paragraph does not define what makes an account "eligible" or who qualifies as an authorized representative.
Account & Service Control · Company commitment
Services are optional; traditional access continues if the Bank ends them
Bank of America says it provides the Services as a convenience to you, in its sole and absolute discretion. The Services are optional and supplement the "Traditional Access Methods" for your eligible accounts: mail, telephone, bill payment initiated through third-party financial institutions, and in-person financial centers. If Bank of America terminates the Services, your Traditional Access Methods remain in effect and stay subject to the agreements that apply to them.
Supporting quotations
Bank of America, in its sole and absolute discretion, provides the Services as a convenience to you.
The Services are optional and a supplement to the traditional methods of accessing your eligible accounts (the “Traditional Access Methods”) which include by: (i) mail, (ii) telephone, (iii) bill payment initiated through third party financial institutions and (iv) in-person financial centers.
Termination of the Services by Bank of America will not affect your Traditional Access Methods which will remain in effect and subject to the agreements applicable to the Traditional Access Methods.
Qualifications & exceptions
Services are provided in Bank of America's sole and absolute discretion
Traditional Access Methods remain subject to their own agreements
Not stated here
The agreements governing the Traditional Access Methods are not supplied.
What the Services let you do and which accounts they reach
Under the Agreement you may use the Services to obtain financial products and services and to access and view account information; for certain accounts you may also move money electronically and perform authorized transactions. This applies to eligible U.S.-based Bank of America consumer and small business accounts and to affiliate accounts linked to the Service, such as accounts at Merrill Lynch, Pierce, Fenner & Smith Incorporated ("Merrill").
Supporting quotations
you may use the Services to obtain financial products and services, access and view account information, and, for certain accounts, move money electronically and perform authorized transactions
for eligible U.S.-based Bank of America consumer and small business accounts and affiliate accounts linked to the Service, such as those at Merrill Lynch, Pierce, Fenner & Smith Incorporated ("Merrill").
Qualifications & exceptions
Moving money and performing transactions is available only for certain accounts
Limited to eligible U.S.-based consumer, small business and linked affiliate accounts
Not stated here
This paragraph does not list which accounts are eligible or which allow electronic money movement.
Legal Rights & Agreement Rules · Context
Small business customers are also bound by the Business Services Addendum
In the Agreement, "small business" includes sole proprietors, non-consumer business entities and individual owners of the business, unless the context indicates otherwise. Additional or different terms for small business customers, and additional Services available only to them, are in the Business Services Addendum, which the Agreement states is part of this Agreement.
Supporting quotations
the term “small business” includes sole proprietors, non-consumer business entities, and individual owners of the business, unless the context indicates otherwise.
If you are a small business customer, additional or different terms and conditions applicable to the Services, as well as additional Services available exclusively to small business customers, are included in the Business Services Addendum, which is a part of this Agreement.
Qualifications & exceptions
Definition applies unless the context indicates otherwise
The Addendum may add to or change terms for small business customers
Not stated here
The Business Services Addendum is not part of this source, so its additional or different terms and its small-business-only Services are unknown.
related (model-proposed): No bank liability for unauthorized password use before notice and time to act — Section 9 adds provisions that apply only to small business accounts, including password responsibility and limits on the bank's liability. Section 9.C's interest-only limit (b609) replaces the consumer rules for small business payments.
Account & Service Control · Company practice
Eligible accounts are linked automatically; later ones unless you say not to
When you first set up your Online/Mobile ID, Bank of America will link all of your eligible Bank of America and affiliate accounts, including joint accounts. If you later open another eligible account, it will also be linked to the Service unless you tell Bank of America not to. Unless the context indicates otherwise, "linked accounts" means all of your Bank of America and affiliate accounts that are linked to the Service.
Supporting quotations
When you first set up your Online/Mobile ID, we will link all of your eligible Bank of America and affiliate accounts, including joint accounts.
If you open an additional eligible account at a later date, we will link your new account to the Service, unless you tell us not to do so.
"linked Bank of America accounts" or "linked accounts" refers to all of your accounts with Bank of America and its affiliates that are linked to the Service.
Qualifications & exceptions
Linking happens by default; for later-opened accounts you can tell the Bank not to link
Includes affiliate accounts and joint accounts
Not stated here
This paragraph does not describe how to tell Bank of America not to link a new account, or whether accounts linked at setup can be removed.
Account & Service Control · Permission or license
On joint accounts, the Bank may act on any authorized signer's instructions
When your Service is linked to one or more joint accounts, Bank of America may act on verbal, written or electronic instructions from any authorized signer, not only from you.
Supporting quotations
When your Service is linked to one or more joint accounts, we may act on the verbal, written or electronic instructions of any authorized signer.
Qualifications & exceptions
Applies to any authorized signer on a linked joint account
Instructions may be verbal, written or electronic
Not stated here
"Authorized signer" is not defined in this section.
Account & Service Control · Restriction or exception
Some features may be unavailable; you're responsible for updating the app
Some Services, features or benefits may not be available at all times or on certain digital devices or applications; for example, a function may be available online through a personal computer but not in the mobile app, or not if you lack the most current app version. You are responsible for keeping the most current version of the mobile app on the device you use, and if Bank of America adds features or benefits you may be unable to access them without it.
Supporting quotations
some of the Services, or certain features or benefits of the Services, may not be available at all times or when using certain digital devices or applications.
some functions may be available online through a personal computer, but not available through our mobile app or if you do not have the most current version of our mobile app.
It is your responsibility to maintain the most current version of our mobile app on the mobile device you use to access the Services.
if we add features or benefits to the Service, you may be unable to access them if you do not have the most current version of the mobile app.
Qualifications & exceptions
Availability can vary by time, device, application and app version
Not stated here
The Agreement does not list which functions are unavailable on which devices or app versions.
Legal Rights & Agreement Rules · Procedure
Enrolling in or using any Service means agreeing to the entire Agreement
If you apply for, enroll in, activate, download or use any of the Services, or authorize others to do so on your behalf, you are contracting for all Services described in the Agreement and agree to be bound by the entire Agreement. You also agree to any terms, instructions and disclaimer limitations that appear on screen when you enroll in, activate or access the Services.
Supporting quotations
When you apply for, enroll in, activate, download or use any of the Services described in this Agreement or authorize others to do so on your behalf, you are contracting for all Services described in the Agreement and agree to be bound by the terms and conditions of the entire Agreement
as well as any terms, instructions, and any disclaimer limitations that appear on a screen when enrolling in, activating or accessing the Services.
Qualifications & exceptions
Authorizing someone else to enroll or use the Services on your behalf also counts
Acceptance covers all Services described, not only the one you use
On-screen terms, instructions and disclaimer limitations are also binding
Not stated here
The on-screen terms, instructions and disclaimer limitations are not part of this source.
Legal Rights & Agreement Rules · Context
Your linked accounts' own agreements still apply and are incorporated
Your use of the Services may also be affected by your Deposit Agreement and Disclosures (including the applicable schedule of fees) or other agreements with Bank of America for linked accounts, and by affiliate agreements for linked affiliate accounts, including Merrill investment accounts. Linking an account to the Services does not change its existing agreement, and you remain subject to that account's terms. Those account terms, including applicable fees, transaction limitations, liability rules, reservation of rights to protect an interest in property and rights under a security instrument, and other restrictions, are incorporated into this Agreement.
Supporting quotations
Your use of the Services may also be affected by your Deposit Agreement and Disclosures, including the applicable schedule of fees (“Deposit Agreement”), or other agreement with us for your linked Bank of America accounts and/or an agreement with our affiliates for your affiliate accounts linked to the Service, including your investment accounts at Merrill.
When an account is linked to the Services, it does not change the agreements you already have with us or our affiliates for that account and you are still subject to the terms and conditions we gave you in the agreement and disclosure for the linked account.
The terms and conditions for those account agreements, including any applicable fees, transaction limitations, liability rules, reservation of rights to protect an interest in property and rights under a security instrument, and other restrictions that might impact your use of an account through the Services, are incorporated into this Agreement.
Qualifications & exceptions
Linking an account does not change its existing agreement
Not stated here
The Deposit Agreement and Disclosures, its fee schedule, other account agreements and Merrill or other affiliate agreements are not supplied, so the incorporated fees, limits and liability rules are unknown.
Legal Rights & Agreement Rules · Restriction or exception
In a conflict, account agreements prevail unless this Agreement says otherwise
If the terms of a linked account's agreement conflict with this Agreement, the applicable account agreement's terms prevail, unless this Agreement specifically states otherwise.
Supporting quotations
In the event of a conflict between the terms of those account agreements and this Agreement, the terms of the applicable account agreement will prevail unless this Agreement specifically states otherwise.
Qualifications & exceptions
Exception where this Agreement specifically states otherwise
Not stated here
This paragraph does not identify which provisions of this Agreement specifically override the account agreements.
narrows (model-proposed): Erica disputes follow existing agreements; Erica terms control on conflict — Linked-account agreements generally prevail in a conflict 'unless this Agreement specifically states otherwise'. The Erica terms do say otherwise: they control in an irreconcilable conflict 'solely with respect to Erica' (b656).
Legal Rights & Agreement Rules · Restriction or exception
Moves between Merrill investment accounts follow Merrill's own terms
If you use the Services to move money between your investment accounts governed by the Merrill Lynch Brokerage Website Terms and Conditions, which you agreed to when you became a Merrill online customer, that Merrill agreement applies to the transaction instead of this Agreement.
Supporting quotations
If you use the Services to move money between your investment accounts governed by the Merrill Lynch Brokerage Website Terms and Conditions, which you agreed to when you became a Merrill online customer, that agreement, and not this Agreement will apply to your transaction.
Qualifications & exceptions
Applies only to moves between investment accounts governed by the Merrill Lynch Brokerage Website Terms and Conditions
Not stated here
The Merrill Lynch Brokerage Website Terms and Conditions are not supplied.
Charges & Financial Obligations · Permission or license
Fee-free transfers between your linked Bank of America and Merrill accounts
You may use the Service to move money between your own linked Bank of America and Merrill accounts without a fee, as a one-time or recurring transfer. This includes using a transfer as a payment to a linked installment loan, credit card or mortgage.
Supporting quotations
You may use the Service to transfer funds between your linked Bank of America and Merrill accounts without a fee on either a one-time or recurring basis
including as a payment to a linked installment loan, credit card or mortgage
Qualifications & exceptions
Only between your own linked Bank of America and Merrill accounts
One-time or recurring
data: payment · purpose: service_operation
Not stated here
Which accounts are eligible to be linked is not set out in this section
Charges & Financial Obligations · Restriction or exception
Limits and cutoff times for transfers between your own accounts
According to the table, transfers from checking/savings to your own checking/savings or to a loan account, and from a credit card, business line of credit or HELOC to checking/savings or a loan account, may be up to $9,999,999.99 with a 10:45 p.m. Eastern cutoff. Transfers from checking/savings to an investment account may also be up to $9,999,999.99, but the cutoff is 4:45 p.m. Eastern. Transfers from an investment account to checking/savings or a loan account are limited to $100,000.00 per calendar day and $250,000 per week, with a 4:45 p.m. cutoff, and linked investment accounts may not support recurring payments to Bank of America credit cards. Subject to your account agreements, there are no receiving limits for transfers between your own accounts, and higher limits may apply for Private Bank, Merrill or small business accounts.
Supporting quotations
(all eastern PM)
Your Checking/Savings account
Your Checking/Savings account
$9,999,999.99
10:45
Your Checking/Savings account
Your Investment account
$9,999,999.99
4:45
Your Investment account
Your Checking/Savings or Loan account
$100,000.00 per calendar day
$250,000 per week
4:45
Your Checking/Savings account
Your Loan Account
$9,999,999.99
10:45
Your Credit Card/ Business Line of Credit/HELOC
Your Checking/Savings or Loan Account
$9,999,999.99
10:45
Subject to your agreements with Bank of America and/or our affiliates for your accounts linked to the Service, there are no receiving limits for internal transfers between your own accounts.
Higher limits may apply for Bank of America Private Bank, Merrill or small business accounts.
Linked investment accounts may not support recurring payments to Bank of America credit card accounts.
Qualifications & exceptions
All cutoff times are Eastern, p.m.
The investment-account outflow limits are $100,000.00 per calendar day and $250,000 per week
Higher limits may apply for Private Bank, Merrill or small business accounts
No receiving limits only subject to your agreements for the linked accounts
data: payment · purpose: service_operation
Not stated here
The amounts of any higher limits for Private Bank, Merrill or small business accounts
The terms of the separate account agreements with Bank of America and its affiliates
Charges & Financial Obligations · Company practice
Late-evening transfers to checking or savings count for that night's balance
A transfer to a Bank of America checking or savings account made after the cutoff time but by 11:59 p.m. on a business day (in the state where that account was opened) is posted as of the next business day in your transaction history. It is still included in the balance Bank of America uses to pay transactions that night. The agreement notes that this process may affect when fees apply to your account.
Supporting quotations
Transfers to a Bank of America checking or savings account made after the applicable cutoff time indicated above but by 11:59 p.m. on a business day in the State where your checking or savings account was opened, will be posted as of the next business day in your transaction history
but will be included in the balance we use to pay transactions that night
This process may impact when fees apply to your account.
Qualifications & exceptions
Applies only to transfers made after the cutoff but by 11:59 p.m. on a business day
11:59 p.m. is measured in the state where the checking or savings account was opened
May affect when fees apply
data: payment · purpose: service_operation
Not stated here
Which fees may be affected; fee terms are in separate account documents
Charges & Financial Obligations · Company practice
Loan payments made after cutoff but by 11:59 p.m. ET get the submission date
Internal transfers made as payments to an eligible credit card, business line of credit, HELOC in its draw period, installment loan or mortgage (together called Loan Accounts) after the cutoff but by 11:59 p.m. ET are credited with the date the payment is submitted. It may take up to 2 business days for the payment to show in account balances, funds availability and transaction posting.
Supporting quotations
Funds transferred as a payment to an eligible credit card, business line of credit, home equity line of credit during draw period (“HELOC”), installment loan or mortgage (together “Loan Accounts”)
after the applicable cutoff time indicated above but by 11:59 p.m. ET will be credited with the date the payment is submitted
It may take up to 2 business days for these updates to be reflected in your account balances, funds availability, and transaction posting.
Charges & Financial Obligations · Company practice
When one-time, future-dated and recurring internal transfers are debited
One-time transfers between your accounts may be made at any time and are immediately debited from your checking or savings available balance or your credit account's available credit. Future-dated or recurring transfers scheduled for a weekend or non-business day are debited on the prior business day, and others are debited at the beginning of the requested business day. Transfers to Bank of America credit card accounts are the exception: they are debited at the beginning of the scheduled date even if it falls on a weekend or non-business day.
Supporting quotations
One-time transfers may be made at any time and are immediately debited from a checking or savings account's available balance or a credit account’s available credit.
Future dated or recurring transfers (other than transfers to a Bank of America credit card account) scheduled for a weekend or a non-business day will be debited from the funding account on the prior business day.
All other scheduled and recurring transfers (other than transfers to a Bank of America credit card account) will be debited from the funding account at the beginning of the business day requested.
Future dated or recurring transfers to Bank of America credit card accounts will be debited from the funding account at the beginning of the scheduled transfer date even if the scheduled transfer date is on a weekend or non-business day.
Qualifications & exceptions
Different weekend rule for transfers to Bank of America credit card accounts
data: payment · purpose: service_operation
Charges & Financial Obligations · User right or choice
Deadlines and methods for canceling scheduled internal transfers
Future scheduled and recurring transfers can be canceled before midnight ET on the business day before the scheduled date. For transfers to Bank of America credit card accounts, the deadline is midnight ET on the calendar day before. A one-time immediate transfer cannot be edited or canceled once submitted. The agreement says the best way to cancel is the cancel feature in the website's payment activity section; you may also ask to cancel by calling 800.432.1000 (consumer), 866.758.5972 (small business) or 925.681.7600 collect from outside the continental U.S.
Supporting quotations
Future scheduled and recurring transfers (other than transfers to a Bank of America credit card account) can be canceled prior to midnight ET on the business day prior to the date the transfer is scheduled to be made.
Future dated or recurring transfers to Bank of America credit card accounts can be canceled prior to midnight ET on the calendar day prior to the date the transfer is scheduled to be made.
A one-time immediate transfer cannot be edited or canceled after it has been submitted.
The best way to cancel a future scheduled or recurring transfer is to follow the instructions on our website. The cancel feature is found in the payment activity section.
by calling us at 800.432.1000 for consumer accounts and 866.758.5972 for small business accounts
If you are calling from outside of the continental U.S., call us collect at 925.681.7600.
Qualifications & exceptions
Business-day deadline generally; calendar-day deadline for transfers to Bank of America credit cards
One-time immediate transfers cannot be canceled or edited
purpose: service_operation
Not stated here
The section does not say whether a cancellation request made by phone is subject to the same deadline or how it is confirmed
Charges & Financial Obligations · Company practice
Bank may retry scheduled internal transfers when funds are insufficient
In the rules for transfers using your internal accounts, the agreement says that if your funding account lacks sufficient available funds on the scheduled date, or the transfer is returned because of the account's status, Bank of America may make one or more attempts on later days to process it. If a later attempt succeeds, the transfer is treated as made on the day of that successful attempt.
Supporting quotations
Payment & Transfer Services Using Internal Accounts
If your funding account does not have sufficient funds available on the scheduled transfer date or is otherwise returned due to the status of the account, we may make one or more attempts on subsequent days to process your scheduled transfer
the effective date of your transfer, if processed, will be considered made as of the day such subsequent attempt is successful
Qualifications & exceptions
Stated in the internal-accounts transfer rules; no matching retry statement appears for transfers to someone else or external loan payments
Retries are at the bank's discretion ("may")
Effective date becomes the date of the successful retry
data: payment · purpose: service_operation
Not stated here
How many retries will be made and over how many days
Whether insufficient-funds or other fees apply is not addressed here
Cross-references
related (model-proposed): Insufficient funds: transfer may be skipped or may cause an overdraft — Section 2.A's retry practice is mirrored for ACH and wire transfers. There the bank may skip a transfer or make 'one or more attempts on subsequent business days' that may overdraw your account (b447).
Charges & Financial Obligations · Permission or license
Transfers to other customers by account number: $3,500/day, $10,000/week
You may make one-time or recurring transfers from a linked Bank of America checking, savings, money market or line of credit account to most checking, savings or money market accounts of other Bank of America customers using their account number. The table sets limits of $3,500 per day and $10,000 per week, with a 10:45 p.m. Eastern cutoff.
Supporting quotations
You may use the Service to make one-time or recurring transfers from a linked Bank of America checking, savings, money market or line of credit account to most checking, savings or money market accounts of other Bank of America customers using their account number.
(all eastern PM)
Your Checking/Savings/Money Market/Line of Credit account
Checking/Savings account of Someone Else
$3,500 per day
$10,000 per week
10:45
Qualifications & exceptions
Recipient must be another Bank of America customer
Applies to "most" recipient checking, savings or money market accounts, not all
Higher limits with Secured Transfer and when daily and weekly limits reset
You may be eligible for higher limits on transfers to someone else if you add Secured Transfer to receive a one-time passcode on your mobile device or register a USB security key; higher limits may also apply for Private Bank, Merrill or small business accounts. The daily limit resets at 12:00 AM ET each calendar day, and the weekly limit runs per calendar week, resetting at 12:00 AM ET each Monday and ending each Sunday.
Supporting quotations
You may be eligible for higher limits if you add Secured Transfer to receive a one-time passcode on your mobile device or register a [USB security key](https://www.bankofamerica.com/security-center/online-mobile-banking-privacy/usb-security-key/).
Higher limits may also apply for Bank of America Private Bank, Merrill or small business accounts.
Your daily limit (per day) is measured on a per-calendar-day basis and resets at 12:00 AM ET each calendar day.
Your weekly limit is measured on a per-calendar-week basis and resets at 12:00 AM ET each Monday and ends each Sunday.
Qualifications & exceptions
Higher limits are possible, not guaranteed ("may be eligible")
Weekly limit runs Monday through Sunday
These are footnotes to the account-number transfer limits table
data: device · purpose: security
Not stated here
The amount of any higher limits
Terms of Secured Transfer and the USB security key page are not supplied
Debit timing and edit/cancel rules for transfers to someone else
One-time immediate transfers to another customer may be made at any time, are debited immediately from your available balance or available credit, and cannot be edited or canceled after submission. One-time future-dated or recurring transfers are debited at the beginning of the scheduled date and can be edited or canceled before 11:59 p.m. ET on the day before. The agreement says the best way is the edit and cancel features under the "Pay & Transfer" tab on the website or mobile app; you may also ask to cancel by calling 800.432.1000 (consumer), 866.758.5972 (small business) or 925.681.7600 collect from outside the continental U.S.
Supporting quotations
One-time immediate transfers may be made at any time and are immediately debited from a checking, savings, or money market account's available balance or a credit account’s available credit.
A one-time immediate transfer cannot be edited or cancelled after it has been submitted.
One-time future dated or recurring transfers will be debited from the funding account on the beginning of the scheduled transfer date.
One-time future dated and recurring transfers can be edited or canceled prior to 11:59PM ET on the day prior to the date the transfer is scheduled to be made.
The best way to edit or cancel a one-time future dated or recurring transfer is to follow the instructions on our website or mobile app. The edit and cancel features are found under the “Pay & Transfer” tab.
by calling us at 800.432.1000 for consumer accounts and 866.758.5972 for small business accounts
If you are calling from outside of the continental U.S., call us collect at 925.681.7600.
Qualifications & exceptions
Immediate transfers cannot be edited or canceled
Deadline is 11:59 p.m. ET the day before the scheduled date
data: payment · purpose: service_operation
Charges & Financial Obligations · Permission or license
Bank may cancel, delay or block transfers; emails you if it blocks or cancels
By scheduling a transfer, including future-dated and recurring payments, you agree that Bank of America may cancel it if your payment account is closed or lacks available funds, you are ineligible for the Service, the recipient's account number is invalid, the recipient is deleted, for security reasons, if a limit is exceeded, or if the transfer otherwise can't be processed. A transfer may also be delayed or blocked to prevent fraud or comply with regulatory requirements. The bank will notify you by email if it blocks or cancels a transfer you initiated.
Supporting quotations
By scheduling a transfer with the Service, including future dated and recurring payments
you agree and acknowledge that we may cancel any such transfer(s) for the following reasons: your payment account is closed or does not have available funds, you are ineligible to use the Service, the recipient’s account number is invalid, the recipient is deleted, for security reasons, applicable limit exceeded, or the transfer otherwise can’t be processed.
The transfer may also be delayed or the transfer may be blocked to prevent fraud or comply with regulatory requirements.
We will notify you by email if we block or cancel a transfer that you have initiated using the Service.
Qualifications & exceptions
Includes future-dated and recurring transfers
Email notice is stated for blocks or cancellations; delays are not mentioned
Internal Transfer send limits apply per User ID across all "From" accounts
Send limits for the transfers in Sections 2.A and 2.B are set at the customer profile (User ID) level and apply across all accounts visible in the "From" dropdown. A small business customer who is not getting small business limits is told to make sure they are logged in with their small business User ID.
Supporting quotations
Internal Transfer send limits for both Sections 2.A and 2.B are set at the customer profile (User ID) and apply to all accounts visible in the “From” dropdown when initiating an Internal Transfer.
If you are a small business customer and are not receiving the small business limits, make sure you are logged in with your small business User ID.
Qualifications & exceptions
Limits are per User ID, shared across all "From" accounts
Small business limits depend on using the small business User ID
Charges & Financial Obligations · Permission or license
Fee-free payments to Bank of America loans from an account at another bank
You may use the Service to pay certain eligible Bank of America Loan accounts without a fee, one-time or recurring, from an eligible consumer or small business asset account at another financial institution that you have added to Transfers. Payments from linked Bank of America accounts are covered by Section 2.A instead.
Supporting quotations
You may use the Service to make payments on your certain eligible Bank of America Loan accounts without a fee, on either a one-time or recurring basis, from your eligible consumer or small business asset account maintained at another financial institution that you have added to Transfers.
For payments from your linked Bank of America accounts, see Section 2.A above.
Qualifications & exceptions
Only certain eligible Loan accounts and eligible external asset accounts
Charges & Financial Obligations · Restriction or exception
Maximum amounts and eligibility for loan payments from external accounts
Payments from an external account to a consumer or small business credit card may be up to $9,999,999.99, but not all customers are eligible to pay Bank of America credit cards this way; eligibility depends on a variety of factors. Payments to mortgage or HELOC accounts may be up to $999,999.99. All such payments are subject to restrictions on the receiving account, including receiving limits, and the Service's limits do not guarantee a payment will be accepted.
Supporting quotations
Payments to your consumer credit card account or small business credit card account from your eligible asset account maintained at another financial institution can be for any amount up to $9,999,999.99.
Not all customers are eligible to use the Service to make payments to your Bank of America consumer credit card or small business credit card. Eligibility is based on a variety of factors.
Payments to your mortgage or HELOC loan accounts from your eligible asset account maintained at another financial institution can be for any amount up to $999,999.99.
Payments made from an eligible asset account maintained at another financial institution are subject to any restrictions applicable to the receiving account, including receiving limits.
Applicable payment limits for the Service do not guarantee that a payment will be accepted.
Qualifications & exceptions
Credit card: up to $9,999,999.99
Mortgage/HELOC: up to $999,999.99
Not all customers eligible for credit card payments
Limits do not guarantee acceptance
data: payment · purpose: service_operation
Not stated here
The eligibility factors for credit card payments
The receiving limits of the receiving account
No maximum is stated for other Loan account types, such as installment loans
Legal Rights & Agreement Rules · Restriction or exception
You certify authority over external accounts added to Transfers
You certify that any account you add to Transfers is one you are authorized to make payments from, and that each payment will debit an account you are legally authorized to use. Adding an account at another financial institution does not change your agreements with that institution, and you are asked to review them for fees, transaction-count limits and other restrictions.
Supporting quotations
You certify that any account you add to Transfers is an account from which you are authorized to make payments, and any payment you make using Transfers will debit an account that you are legally authorized to use.
When you add an account maintained at another financial institution, you do not change the agreements you have with that financial institution for that account.
Please review those agreements for any applicable fees, limitations on the number of transactions you can make, and for other restrictions.
Qualifications & exceptions
The other institution's agreements still apply unchanged
data: payment · purpose: service_operation
Not stated here
Fees and restrictions under your agreements with the other financial institution
Charges & Financial Obligations · Company practice
External loan payments made by 11:59 p.m. ET are applied the same day
Payments to your Loan accounts from an eligible external account that are initiated by 11:59 p.m. ET are applied on the same day. It may take up to 2 business days for the payment to be reflected in account balances, funds availability and transaction posting.
Supporting quotations
Payments to your Loan accounts from an eligible asset account maintained at another financial institution that are initiated by 11:59 p.m. ET will be applied on the same day.
It may take up to 2 business days for these updates to be reflected in your account balances, funds availability, and transaction posting.
Charges & Financial Obligations · Company practice
Returned external payments are reversed and may trigger late or other fees
If the other financial institution rejects, refuses or returns your payment, the payment to your Loan account will be reversed and you may incur late payment or other fees. The institution holding your deposit account may also charge a returned item or other fee.
Supporting quotations
If the financial institution upon which your payment is drawn rejects, refuses, or returns the payment, the payment to your Loan account will be reversed and you may incur late payment or other fees.
The institution holding your deposit account may impose a returned item or other fee.
Qualifications & exceptions
You may incur late payment or other fees on the reversed Loan payment
The institution holding your deposit account may separately charge a returned item or other fee
data: payment · purpose: service_operation
Not stated here
The amount of any late payment or returned item fees, which are set in separate loan and deposit account terms
Charges & Financial Obligations · User right or choice
Canceling scheduled loan payments from an external account
Future scheduled and recurring payments to your Loan accounts from an external account can be canceled before midnight ET on the calendar day before the scheduled date. A one-time immediate payment cannot be edited or canceled once submitted. The agreement says the best way to cancel is the cancel feature in the payment activity section of Transfers on the website; you may also ask to cancel by calling 800.432.1000 (consumer), 866.758.5972 (small business) or 925.681.7600 collect from outside the continental U.S.
Supporting quotations
Future scheduled and recurring payments to your Loan accounts from your account at another financial institution can be canceled prior to midnight ET on the calendar day prior to the date the payment is scheduled to be made.
A one-time immediate payment cannot be edited or canceled after it has been submitted.
The best way to cancel a future scheduled or recurring payment is to follow the instructions on our website. The cancel feature is found in the payment activity section of Transfers.
by calling us at 800.432.1000 for consumer accounts and 866.758.5972 for small business accounts
If you are calling from outside of the continental U.S., call us collect at 925.681.7600.
Qualifications & exceptions
Deadline is midnight ET on the calendar day before the scheduled date
One-time immediate payments cannot be canceled or edited
purpose: service_operation
Account & Service Control · Restriction or exception
Bill Pay section does not apply to Payments and Invoicing Service users
Section 3 (Bill Payment Services) does not apply to small business customers who participate in the Payments and Invoicing Service. That service is not open for new enrollment and is described in Section 6 of the Business Services Addendum, which the agreement says is a part of this Agreement.
Supporting quotations
This section is not applicable to small business customers participating in the Payments and Invoicing Service, which is not open for new enrollment and described in Section 6 of the Business Services Addendum, which is a part of this Agreement.
Qualifications & exceptions
Applies only to small business customers enrolled in the Payments and Invoicing Service
Payments and Invoicing Service is not open for new enrollment
Not stated here
Terms of the Payments and Invoicing Service in Section 6 of the Business Services Addendum are not supplied
Charges & Financial Obligations · Permission or license
Bill Pay can draw on linked checking, money market and HELOC accounts
Bank of America customers may use Bill Pay to pay companies or individuals (called Payees). Payments can be scheduled from linked checking, money market savings and home equity line of credit (HELOC) accounts, but HELOCs only during the draw period. You may not link HELOC accounts opened in Texas.
Supporting quotations
Bank of America customers may use Bill Pay to make payments to companies or individuals
Payments can be scheduled from linked checking, money market savings, and HELOC accounts during the draw period.
Note that you may not link HELOC accounts opened in Texas.
Qualifications & exceptions
HELOC accounts only during the draw period
HELOC accounts opened in Texas may not be linked
Charges & Financial Obligations · Permission or license
Paying bills from accounts at other banks and certifying your authority
You may also schedule Bill Pay payments from a checking, money market savings or other eligible consumer or small business asset account at another financial institution that you have added to Bill Pay. You certify that you are authorized to make payments from any account you add and that every payment will debit an account you are legally authorized to use. Adding an outside account does not change your agreements with that institution, and the agreement asks you to review them for fees, limits on the number of transactions and other restrictions.
Supporting quotations
Payments can be scheduled from a checking, money market savings or other eligible consumer or small business asset account maintained at another financial institution that you have added to Bill Pay.
You certify that any account you add to Bill Pay is an account from which you are authorized to make payments, and any payment you make using Bill Pay will debit an account that you are legally authorized to use.
When you add an account maintained at another financial institution, you do not change the agreements you have with that financial institution for that account.
Please review those agreements for any applicable fees, limitations on the number of transactions you can make, and for other restrictions that might limit your use of the account with Bill Pay.
Qualifications & exceptions
Outside account must be eligible and added to Bill Pay
Other institution's fees and transaction limits still apply
Not stated here
Which outside accounts are eligible is not specified
The other institution's account agreements are not supplied
Charges & Financial Obligations · Restriction or exception
You may not be able to pay Bank of America credit cards through Bill Pay
Whether you can use Bill Pay to pay a Bank of America credit card depends on a variety of unspecified factors, and you may not be eligible. Under the Bill Pay terms for checking, money market and HELOC accounts, credit card customers may instead pay the card from an internal account or an external asset account using the services described in Sections 2.A and 2.C. For credit card or vehicle loan only customers, the alternative named is paying from an external asset account at another financial institution as described in Section 2.C.
Supporting quotations
You may not be eligible to use the Bill Pay Service to make payments to Bank of America credit card accounts.
Eligibility for making such payments through the Bill Pay Service is based on a variety of factors.
A. Bill Pay for Checking, Money Market and Home Equity Line of Credit Accounts
Alternatively, Bank of America credit card customers may make payments to their Bank of America credit card accounts from an internal account or an external asset account by using the payment and transfer services described in Sections 2.A and 2.C above.
Bank of America credit card or vehicle loan account only customers
Bill Pay Service eligibility for credit card payments is based on a variety of factors.
You may not be eligible to use the Bill Pay Service to make payments to Bank of America credit card accounts.
Alternatively, Bank of America credit card customers may make payments to their Bank of America credit card accounts from an external asset account maintained at another financial institution as described in Section 2.C above.
Qualifications & exceptions
Eligibility depends on unstated factors
Alternative routes differ between checking/money market/HELOC customers and card or vehicle loan only customers
Not stated here
The factors used to decide credit card payment eligibility are not described
Charges & Financial Obligations · Company practice
Scheduling options and how weekend or holiday payment dates are handled
Bill Pay payments can be set up as one-time payments up to a year in advance, as recurring payments, or as payments that are scheduled automatically when an electronic bill (e-Bill) arrives. Future scheduled or recurring payments that fall on a weekend or holiday are processed on the prior business day, except payments to Bank of America credit cards, which are processed on the scheduled date.
Supporting quotations
Payments can be entered as a one-time transaction up to a year in advance, recurring transactions or as payments that are automatically scheduled upon the receipt of an electronic bill (e-Bill).
Future scheduled or recurring payments that fall on a weekend or holiday will be processed on the prior business day, except for payments to Bank of America credit cards, which will be processed on the date scheduled.
Qualifications & exceptions
One-time payments up to a year in advance
Bank of America credit card payments are not moved to the prior business day
Charges & Financial Obligations · Permission or license
Bank of America picks the payment method, including virtual cards
You authorize Bank of America to choose how each bill payment is sent: electronic transmission, corporate check or personal check. Most payments are electronic, which may include ACH, other electronic means, or a single-use virtual card in the name of Bank of America's service provider. If a virtual card is used, you will not recognize the card numbers on any payment confirmation from your Payee. If the Payee does not accept the virtual card within five business days, Bank of America cancels it and automatically sends the Payee a corporate check.
Supporting quotations
You authorize us to make payments in the manner we select from the following methods:
Electronic transmission. Most payments are made by electronic transmission.
Corporate check
Personal check
This may include payments transmitted through ACH or other electronic means, as well as payments made using a single-use virtual card in the name of our service provider.
you will not recognize the card numbers on any payment confirmation you may receive from your Payee
If a virtual card is not accepted by the Payee within five (5) business days, we will cancel the virtual card payment and automatically send the Payee a corporate check.
Qualifications & exceptions
Method is chosen by Bank of America, not you
Virtual card not accepted within 5 business days is replaced by a corporate check
Not stated here
The identity of the service provider is not named
Charges & Financial Obligations · Company commitment
Uncashed corporate checks are stopped and re-credited after 90 days
A corporate check is drawn on Bank of America's account or its vendor's account. If the Payee does not negotiate it within 90 days, Bank of America will stop payment and re-credit your account for the payment amount. If a corporate check is returned to you before the 90 days end, you are asked to tell Bank of America immediately so it can stop payment and re-credit your account.
Supporting quotations
Corporate check – This is a check drawn on our account or the account of our vendor.
If a Payee on a corporate check fails to negotiate the check within ninety (90) days, we will stop payment on the check and re-credit your account for the amount of the payment.
If a corporate check is returned to you prior to the end of the ninety (90) day period, please inform us immediately so that we can stop payment on the check and re-credit your account.
Qualifications & exceptions
90-day window
Notify Bank of America immediately if a check is returned to you
Charges & Financial Obligations · Company practice
When your account is debited depends on how the bill payment is sent
The scheduled delivery date is the date you enter for the payment to reach the Payee. For electronic and corporate check payments, your designated account is debited on that date. For personal checks, which are drawn on your account, the debit happens when the check is presented, which may be before, on or after the scheduled delivery date. Because Bank of America says it cannot predict that date, the agreement asks you to have sufficient funds starting a few days before the scheduled delivery date and to keep them available until the payment is deducted.
Supporting quotations
Personal check – This is a check drawn on your account when it is presented for payment.
The scheduled delivery date is the date you enter for the payment to be delivered to the Payee.
For payments made by electronic transmission or corporate check, the payment amount will be debited from the account that you designate on the scheduled delivery date.
For payments made by personal check, the account you designate will be debited when the check is presented to us for payment which may occur before, on or after the scheduled delivery date.
Since we can't predict the exact date that a personal check will be presented to us for payment
please make sure you have sufficient funds in your account beginning a few days before your scheduled delivery date and keep such funds available until the payment is deducted from your account.
Qualifications & exceptions
Personal check debits can occur before the scheduled delivery date
Charges & Financial Obligations · Company practice
Payments to APO/FPO addresses go by check and are not Remittance Transfers
Bill Pay payments sent care of APO/FPO or similar addresses are always sent by corporate or personal check. Because they are made by check, the agreement says they are not Remittance Transfers as defined in Section 6.F.
Supporting quotations
All payments under Bill Pay that are sent care of APO/FPO or similar addresses will be sent by corporate or personal check.
Because all such payments will be made by check, they will not be Remittance Transfers (as defined in Section 6.F of this Agreement).
Qualifications & exceptions
Applies to APO/FPO or similar addresses
Cross-references
related (model-proposed): Remittance Transfers have separate federal rights explained per transfer — 'Remittance Transfers' is defined in Section 6.F. The APO/FPO rule says those Bill Pay check payments are not Remittance Transfers (b202), so the 6.F remittance rights do not apply to them.
Charges & Financial Obligations · Restriction or exception
Bill Pay is limited to US-dollar payments to US Payees
Anything you pay through Bill Pay must be payable in U.S. dollars to a Payee located in the United States, and Bank of America reserves the right to restrict categories of Payees. Bank of America also recommends, without prohibiting it, that you not use the service for tax payments, court-ordered payments or payments to settle securities transactions.
Supporting quotations
Any obligations that you wish to pay through Bill Pay must be payable in U.S. dollars to a Payee located in the United States.
We reserve the right to restrict categories of Payees to whom payments may be made using the Service.
We recommend that you not use the Service to make:
Tax payments
Court-ordered payments
Payments to settle securities transactions
Qualifications & exceptions
U.S. dollars and U.S.-located Payees only
Tax, court-ordered and securities-settlement payments are recommended against, not prohibited
Not stated here
Which Payee categories may be restricted is not specified
Charges & Financial Obligations · Company practice
Bill Pay cutoff times of 5 p.m. ET and 11:59 p.m. ET
Payments to Payees other than Bank of America that you start before 5:00 p.m. ET on a business day are scheduled and begin processing that day; later entries, or entries on non-business days, are processed the next bank business day. Payments to a Bank of America Payee such as a vehicle loan, HELOC or mortgage are credited effective the same business day if scheduled before the 5:00 p.m. ET cutoff. Payments to Bank of America credit card and business line of credit accounts are credited effective the same day if scheduled by 11:59 p.m. ET. For these Bank of America payments, it may take up to 2 business days for balances, funds availability and transaction posting to reflect the payment.
Supporting quotations
Payments (other than payments to a Bank of America Payee) initiated before 5:00 p.m. ET on a business day will be scheduled and begin processing on the same business day.
Payments that are entered after this cutoff time or on a day that is a non-business day will be scheduled and processed the next bank business day.
For payments to a Bank of America Payee, such as a vehicle loan, HELOC or mortgage, Bank of America will process and credit the payment to the account effective the same business day, provided the payment is scheduled prior to the 5:00 p.m. ET cutoff.
It may take up to 2 business days for these updates to be reflected in your account balances, funds availability, and transaction posting.
For payments to Bank of America credit card and business line of credit accounts, Bank of America will process and credit the payment to the account effective the same day, provided the payment is scheduled by the 11:59 p.m. ET cutoff.
It may take up to 2 business days for these updates to be reflected in your account balances, funds availability, and transaction posting.
Qualifications & exceptions
5:00 p.m. ET for non-Bank of America Payees and Bank of America loans
11:59 p.m. ET for Bank of America credit cards and business lines of credit
Updates may take up to 2 business days to appear
Charges & Financial Obligations · Procedure
You must schedule payments at least five business days before the due date
When you schedule a payment, Bank of America tells you the earliest available delivery date. To assure timely payment, the agreement says you must schedule the payment, and your account must be in good standing with enough available funds in the designated deposit account, at least five bank business days before the payment due date, not the later date after which late fees may be assessed.
Supporting quotations
When you attempt to schedule a payment, we will inform you of the earliest available delivery date.
To assure timely payment, you must schedule payments, and your account must be in good standing and have sufficient available funds in the designated deposit account to cover the payment, at least five (5) bank business days before the payment due date, NOT the date after which late payment fees may be assessed.
Qualifications & exceptions
Five bank business days before the due date
Measured from the due date, not the late-fee date
Charges & Financial Obligations · Company practice
Insufficient funds: skipped payments, retries, overdrafts and Payee fees
If the account lacks sufficient available funds on the scheduled date, Bank of America may elect not to initiate the payment. If it does initiate it, possibly with repeated attempts on later business days, it may overdraw your account, and you are fully responsible for the overdraft, any Overdraft Item Fees under your Deposit Agreement, and any late fees, interest charges or other action by the Payee. If funds were sufficient on the scheduled date but not when the payment posts, Bank of America will not charge a fee to your Bank of America deposit account, though you may still face late fees, interest charges or other action by the Payee.
Supporting quotations
If an account does not have sufficient available funds on the scheduled date, we may elect not to initiate one or more of the transfers.
If we do elect to initiate the transfer, which may involve one or more attempts on subsequent business days, it may cause an overdraft in your account in which case you shall be fully responsible for the overdraft and any Overdraft Item Fees, as set forth in your Deposit Agreement, as well as all late fees, interest charges or other action taken by the Payee.
If an account has sufficient funds on the scheduled date and we initiate the transfer but the account does not have sufficient funds when the payment posts to your account, we will not charge a fee to your Bank of America deposit account, but you may incur late fees, interest charges or other action taken by the Payee.
Returned item fees from the payee or overdraft fees may apply if you schedule payments or transfers and your available balance is not sufficient to process the items on the dates scheduled and/or on the dates when the items are presented to us for payment.
Qualifications & exceptions
Bank of America may retry on subsequent business days
No Bank of America deposit account fee if funds were sufficient on the scheduled date
Section 11.A separately says returned item or overdraft fees may apply if your available balance is insufficient on the scheduled date and/or when items are presented for payment; this Bill Pay no-fee statement is narrower
Not stated here
Overdraft Item Fee amounts and rules are in the Deposit Agreement, which is not supplied
Number of retry attempts is not specified
Charges & Financial Obligations · Company commitment
Bank of America reimburses late fees if it fails to follow your instructions
If Bank of America fails to process a payment according to your properly completed instructions, it will reimburse you for any late payment fees. This Bill Pay provision, as written, addresses late payment fees only. Separately, the error-resolution terms for consumer accounts in Section 8.C state that if Bank of America does not complete a transaction to or from your account on time or in the correct amount according to its agreement with you, it will be liable for your losses or damages, subject to exceptions that include postal delays or processing delays by the Payee.
Supporting quotations
If we fail to process a payment in accordance with your properly completed instructions, we will reimburse you for any late payment fees.
If we do not complete a transaction to or from your account on time, or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions.
There are postal delays or processing delays by the Payee
Qualifications & exceptions
Instructions must have been properly completed
This provision covers late payment fees
For consumer accounts, Section 8.C provides broader liability for failing to complete a transaction on time or in the correct amount, subject to listed and unlisted exceptions
broadens (model-proposed): Bank liability for failing to complete transactions, with listed exceptions — For consumer accounts, Section 8.C makes the bank liable for losses or damages when it fails to complete a transaction on time or in the correct amount (b594). That goes beyond Bill Pay's late-fee-only reimbursement, subject to 8.C's listed exceptions.
Use & Processing · Company practice
Checks may share an envelope and Payee account numbers may be reformatted
Check payments to different Payee names may be mailed in one envelope when they share a mailing address and the Payee has not registered its full mailing address, including any secondary designation such as a suite or unit, with the USPS. If it needs to, Bank of America will change or reformat your Payee account number to match what the Payee requires for electronic payment processing and eBill activation.
Supporting quotations
Bill Pay payments sent via corporate or personal check with different Payee names may be combined in one envelope if those payments have the same mailing address, and your intended Payee has not registered their full/unique mailing address with the USPS, including their secondary address designation
If we need to, we’ll change or reformat your Payee account number to match the account number or format required by your Payee for electronic payment processing and eBill activation.
Qualifications & exceptions
Combined envelopes only when the Payee lacks a full USPS-registered address
Account numbers are reformatted only when needed
data: identifiers · purpose: service_operation
Charges & Financial Obligations · Permission or license
Bill Pay for credit card or vehicle loan only customers, up to $249,999.99
Customers whose only Bank of America accounts are credit cards or vehicle loans (automotive, recreational vehicle, boat or aircraft) may, subject to eligibility, use Bill Pay. They can pay their Bank of America credit card or vehicle loan up to $249,999.99 from a checking, money market savings or other eligible asset account at another institution that has been added to Bill Pay. Payments can be one-time, up to a year in advance, or automatically scheduled when an e-Bill arrives; recurring payments are not listed for these customers.
Supporting quotations
Vehicle Loan (automotive, recreational vehicle, boat or aircraft)
Bank of America credit card or vehicle loan account only customers may, subject to customer eligibility, use Bill Pay in the following manner:
Payments to your Bank of America credit card or vehicle loan up to $249,999.99, can be scheduled from a checking, money market savings or other eligible consumer or small business asset account maintained at another financial institution that you have added to Bill Pay.
Payments can be entered as a one-time transaction up to a year in advance, or as payments that are automatically scheduled upon the receipt of an e-Bill.
Qualifications & exceptions
Subject to customer eligibility
Up to $249,999.99
Funded from an account at another financial institution
Charges & Financial Obligations · Company practice
Cutoffs for card and vehicle loan payments by card or loan only customers
For credit card or vehicle loan only customers, payments to a credit card or business line of credit account started by 11:59 p.m. ET are applied the same day; later payments are processed the next calendar day. Payments to a vehicle loan started before 5 p.m. ET on a business day are applied the same day; later payments are processed the next business day.
Supporting quotations
Payments to your credit card or business line of credit account initiated by 11:59 p.m. ET will be applied on the same day.
Payments entered after this cutoff will be scheduled and processed on the next calendar day.
Payments to your vehicle loan account initiated before 5 p.m. ET on a business day will be applied on the same day.
Payments entered after this cutoff will be scheduled and processed on the next business day.
Qualifications & exceptions
11:59 p.m. ET for credit cards and business lines of credit (next calendar day after)
5 p.m. ET on business days for vehicle loans (next business day after)
Charges & Financial Obligations · Company practice
Returned payments are reversed and may lead to late or returned-item fees
If the institution the payment is drawn on, including Bank of America, rejects, refuses or returns it, the payment to your Bank of America credit card, business line of credit or vehicle loan is reversed and you may incur late payment or other fees. The institution holding your deposit account may also charge a returned item or other fee.
Supporting quotations
If the financial institution upon which your payment is drawn, including Bank of America, rejects, refuses, or returns the payment, the payment to your Bank of America credit card, business line of credit or vehicle loan will be reversed and you may incur late payment or other fees.
The institution holding your deposit account may impose a returned item or other fee.
Qualifications & exceptions
The funding institution may separately charge a returned item or other fee
Not stated here
Fee amounts are not stated
Account & Service Control · Context
E-Bills come only from participating Payees that accept your request
E-Bills is a Bill Pay feature for receiving bills electronically from participating Payees. Each Payee sets its own criteria and has sole discretion to accept or decline your request. You may not be eligible to receive e-Bills for Bank of America credit card accounts through Bill Pay.
Supporting quotations
E-Bills is a feature of the Bill Pay Service that enables you to receive bills electronically from participating Payees
Participating Payees establish their own criteria for reviewing requests to receive e-Bills and have sole discretion to accept or decline your request.
You may not be eligible to receive e-Bills for Bank of America credit card accounts through the Bill Pay Service.
Qualifications & exceptions
Payee has sole discretion
Bank of America credit card e-Bills may be unavailable
Not stated here
Payee approval criteria are not described
Legal Rights & Agreement Rules · Restriction or exception
Bank of America is not responsible for late or missing e-Bills
Bank of America takes no responsibility if a Payee does not provide the data needed to forward an e-Bill on time, and says it is not responsible for any late charges or other adverse consequences. If an e-Bill does not arrive, it is your responsibility to contact the Payee directly, and questions about e-Bill details go to the Payee.
Supporting quotations
We take no responsibility if a Payee does not provide the necessary data to forward an e-Bill in a timely manner.
If you do not receive an e-Bill, it is your responsibility to contact the Payee directly.
We are not responsible for any late charges or other adverse consequences.
Any questions regarding your e-Bill details should be directed to your Payee.
Qualifications & exceptions
You must contact the Payee if an e-Bill is missing
Account & Service Control · User right or choice
Either side can cancel e-Bills; stopping one takes seven business days
You or Bank of America can cancel the e-Bill service, or a particular e-Bill, at any time. If you ask to discontinue a particular e-Bill, Bank of America requires seven business days for the Payee to receive and process the request. If an e-Bill from a Bank of America Payee is canceled, any previously delivered but unpaid e-Bills are removed from your list of payable e-Bills.
Supporting quotations
You or we can cancel the e-Bill service, or a particular e-Bill at any time.
If you request that a particular e-Bill be discontinued, we require seven (7) business days for the Payee to receive and process the request.
If an e-Bill from a Bank of America Payee is canceled, any e-Bills previously delivered but not paid will be removed from your list of payable e-Bills.
Qualifications & exceptions
Seven business days for a discontinuance request to be processed by the Payee
Unpaid Bank of America e-Bills are removed on cancellation
Sharing & Disclosure · Permission or license
Information you give to enroll in e-Bills is shared with the Payee
When you request e-Bills from a participating Payee, you may be asked for certain information, which is forwarded to the Payee to complete your enrollment. By providing it, you authorize Bank of America to share it with that Payee. The agreement does not say what information may be requested.
Supporting quotations
When you request e-Bills from a participating Payee you may be asked to provide certain information that will be forwarded to the Payee to complete your enrollment.
When you provide this information, you authorize us to share it with the Payee.
What specific information is requested is not stated
How the Payee uses or retains the information is not addressed
Charges & Financial Obligations · Restriction or exception
Bill payments from Bank of America accounts are capped at $99,999.99
Bill payments from your Bank of America account can be for any amount up to $99,999.99. Some Payees limit how much they accept by electronic transmission, and when that limit is exceeded the payment is sent by check.
Supporting quotations
Bill payments from your Bank of America account can be for any amount up to $99,999.99.
Please note, however, that some Payees may place limits on the amount they will accept via electronic transmission.
When the limit is exceeded, the payment will be remitted by check.
Qualifications & exceptions
$99,999.99 maximum from a Bank of America account
Payee electronic limits trigger payment by check
Not stated here
The Limits provision does not state a cap for checking, money market or HELOC Bill Pay customers paying from accounts at other institutions
Account & Service Control · Procedure
How to cancel a bill payment online or by phone
To cancel a bill payment, including one funded from an account at another institution, follow the directions in Bill Pay; the cancel feature is in the payment activity section. You may also request cancellation of a future scheduled or recurring transfer (the source's word here) by calling 800.432.1000 for consumer accounts or 866.758.5972 for small business accounts, or by calling collect at 925.681.7600 from outside the continental U.S.
Supporting quotations
In order to cancel a bill payment (including a payment you scheduled from an account maintained at another financial institution), follow the directions provided in Bill Pay.
The cancel feature is found in the payment activity section.
You may also request to cancel a future scheduled or recurring transfer by calling us at 800.432.1000 for consumer accounts and 866.758.5972 for small business accounts.
If you are calling from outside of the continental U.S., call us collect at 925.681.7600.
Qualifications & exceptions
Phone cancellation is described for future scheduled or recurring items
Charges & Financial Obligations · Restriction or exception
Cancel deadline: 5 p.m. ET three business days before delivery
Future-dated or recurring bill payments can be canceled before 5 p.m. ET on the third bank business day before the scheduled delivery date. Once a payment has begun processing, it cannot be canceled.
Supporting quotations
Future-dated or recurring payments can be canceled prior to 5 p.m. ET on the third bank business day prior to the scheduled delivery date.
Once a payment has begun processing, it cannot be canceled.
Qualifications & exceptions
Third bank business day before the scheduled delivery date, 5 p.m. ET
Stop payment rules of your funding account apply to Bill Pay checks
If a check has already been issued for a bill payment, the stop payment provisions for checks in the agreement that governs your Bill Pay funding account also apply to Bill Pay.
Supporting quotations
If a check has been issued for your bill payment, any stop payment provisions that apply to checks in the agreement governing your bill pay funding account will also apply to Bill Pay.
Qualifications & exceptions
Applies only once a check has been issued
Not stated here
The funding account agreement's stop payment terms and any fees are not supplied
Cross-references
supports (model-proposed): Your linked accounts' own agreements still apply and are incorporated — Applying the funding account's stop-payment provisions to Bill Pay checks (b235) is one example of Section 1.C's rule that linked-account terms still apply and are incorporated.
Charges & Financial Obligations · Company commitment
No service fees for using Bill Pay
The agreement states there are no service fees for use of the Bill Pay Service. Other charges described in the Bill Pay terms, such as overdraft fees, Payee late fees or another institution's returned-item fees, are separate from this statement.
Supporting quotations
There are no service fees for use of the Bill Pay Service.
Bank of America offers Zelle to send and receive money using aliases
Bank of America has partnered with the Zelle Network so you can send and receive money with people enrolled in Zelle, either through Bank of America or another participating financial institution (each a "User"). Money is addressed using aliases such as email addresses, U.S. mobile phone numbers or other unique identifiers described in Section 4. Financial institutions that partner with Zelle are called "Network Banks."
Supporting quotations
We have partnered with the Zelle® Network to enable a convenient way to send and receive money with others you trust
who are enrolled in Zelle® through Bank of America or with another financial institution that partners with Zelle® (each, a “User”)
using aliases, such as email addresses, U.S. mobile phone numbers, or other unique identifiers described in this Section 4
We will refer to financial institutions that have partnered with Zelle® as “Network Banks.”
Qualifications & exceptions
Counterparties must be enrolled in Zelle through Bank of America or another partner institution
Aliases include email addresses, U.S. mobile numbers or other identifiers in Section 4
data: identifiers · purpose: service_operation
Charges & Financial Obligations · Context
Zelle itself holds no accounts and moves no money; Network Banks do
The agreement states that Zelle provides no deposit account or other financial services and neither transfers nor moves money. You cannot open a financial account of any kind with Zelle. All money is transmitted by a Network Bank.
Supporting quotations
Zelle® provides no deposit account or other financial services.
Zelle® neither transfers nor moves money.
You may not establish a financial account with Zelle® of any kind.
All money will be transmitted by a Network Bank.
Qualifications & exceptions
All money is transmitted by a Network Bank, not by Zelle
Zelle transfers are governed by the rules of the funds transfer system used
Zelle transfers are governed by the rules of whatever funds transfer system carries them, as those rules are amended from time to time. The agreement names, without limitation, the National Automated Clearing House Association (Nacha) and real time payment services (RTP).
Supporting quotations
Transfers will be governed by the rules of any funds transfer system through which the transfers are made, as amended time from time
including, without limitation, the National Automated Clearing House Association (“Nacha”) or real time payment services (“RTP”)
Qualifications & exceptions
Rules apply as amended over time
Named systems are examples, not an exhaustive list
Not stated here
The content of Nacha rules, RTP rules or any other funds transfer system rules is not supplied
Charges & Financial Obligations · Restriction or exception
Zelle is meant for sending money to friends, family and others you trust
In capitalized text, the agreement states the Service is intended for sending money to friends, family and others you trust. It says you should not use it to send money to recipients you are not familiar with or do not trust.
Supporting quotations
THE SERVICE IS INTENDED TO SEND MONEY TO FRIENDS, FAMILY AND OTHERS YOU TRUST.
YOU SHOULD NOT USE THE SERVICE TO SEND MONEY TO RECIPIENTS WITH WHOM YOU ARE NOT FAMILIAR OR YOU DO NOT TRUST.
Qualifications & exceptions
Stated in all capitals in the source
Cross-references
related (model-proposed): Payments induced by misrepresentation are not "unauthorized" — The warning to send Zelle payments only to people you trust ties to the rule that payments induced by misrepresentation are not 'unauthorized' under Section 8.B (b283).
Content & IP Rights · Context
Zelle marks are owned by Early Warning Services, LLC and used under license
The agreement states that Zelle and the Zelle-related marks are wholly owned by Early Warning Services, LLC, and that Bank of America uses them in the agreement under license.
Supporting quotations
Zelle® and the Zelle® related marks are wholly owned by Early Warning Services, LLC and are used herein under license.
Account & Service Control · Context
Enrolling in Zelle means accepting the terms and confirming account authority
By enrolling in the Zelle Service you agree to the terms of this Agreement and represent that you have authority to authorize debits and credits to the enrolled bank account. The Service lets you send or receive money using your consumer or small business deposit account.
Supporting quotations
When you enroll to use the Service, you agree to the terms and conditions of this Agreement.
You represent that you have the authority to authorize debits and credits to the enrolled bank account.
The Service allows you to send or receive money using your consumer or small business deposit account.
Qualifications & exceptions
Available for consumer or small business deposit accounts
You represent authority over debits and credits to the enrolled account
Charges & Financial Obligations · Restriction or exception
Zelle may not be used for taxes, court-ordered payments, fines or gambling debts
You agree not to use Zelle to send money to anyone to whom you owe tax payments, court-ordered payments (including alimony or child support), fines, gambling debts or payments otherwise prohibited by law. You also agree not to use Zelle to request money from anyone for any of those payments.
Supporting quotations
You agree that you will not use the Service to send money to anyone to whom you are obligated for tax payments, payments made pursuant to court orders (including court-ordered amounts for alimony or child support), fines, gambling debts or payments otherwise prohibited by law
you agree that you will not use the Service to request money from anyone for any such payments
Qualifications & exceptions
Covers both sending and requesting money
Court-ordered payments include alimony and child support
Security & Safeguards · Restriction or exception
No letting third parties use your Zelle or sharing credentials, with exceptions
You agree not to authorize a third party to use the Zelle Service or share your credentials so a third party can use it on your behalf. The exception is legally authorized situations, such as a legal guardianship or a power of attorney.
Supporting quotations
You agree that you will not authorize a third party to use the Service or share your credentials with a third party to use the Service on your behalf
except in legally authorized situations such as for a legal guardianship or pursuant to a power of attorney
Qualifications & exceptions
Exception for legally authorized situations such as guardianship or power of attorney
Account & Service Control · Permission or license
Bank of America may suspend or end your Zelle use and set eligibility rules
Bank of America reserves the right to suspend or terminate your use of Zelle if it believes, in its sole discretion, that you are using the Service for illegal or other purposes, or for purposes that expose Bank of America or Zelle to risk or liability, or that you have otherwise violated the Service terms. It may also set other eligibility criteria in its sole discretion.
Supporting quotations
We reserve the right to suspend or terminate your use of the Service if we believe, in our sole discretion, that you are using the Service for illegal or other purposes or purposes that expose Bank of America or Zelle® to risk or liability
or we believe, in our sole discretion, that you have otherwise violated the terms and conditions of using this Service
We may determine other eligibility criteria in our sole discretion.
Qualifications & exceptions
Based on Bank of America's belief in its sole discretion
Grounds include the open-ended phrase 'illegal or other purposes'
Other eligibility criteria may be set in Bank of America's sole discretion
Not stated here
Any additional eligibility criteria are not described in the source
Account & Service Control · Restriction or exception
Zelle tags need a U.S. mobile number, are limited in number and can't mislead
The Service may let you add a unique alphanumeric "Zelle tag" to your profile to use instead of your mobile number or email when sending, receiving or requesting money. Each tag must be associated with an eligible U.S. mobile phone number, there is a limit on how many tags you may use, and not all tags will be permitted. You may not pick a tag that misleads or deceives other Users about your identity or otherwise.
Supporting quotations
The Service may include functionality to add a unique alpha-numeric identifier to your registered profile to be used in lieu of your mobile phone number or email address with sending, receiving, or requesting money, which will be your “Zelle tag.”
Each Zelle tag must have an eligible U.S. mobile phone number associated with it and there will be a limit on the number of Zelle tags you may use.
Not all Zelle tags will be permitted for use.
You may not select a Zelle tag that misleads or deceives other Users of the Service as to your identity, or otherwise.
Qualifications & exceptions
Feature 'may' be included; not guaranteed
Each tag requires an eligible U.S. mobile number
Number of tags is limited
data: identifiers · purpose: service_operation
Not stated here
The tag limit and which tags are not permitted are not specified
Account & Service Control · Permission or license
Bank of America and Zelle may remove, change or monitor your Zelle tag
Neither Bank of America nor Zelle must monitor Zelle tags, but both have absolute discretion to remove a tag at any time, for any reason, without notice. They may require you to change your tag in their sole discretion, and Bank of America may make a tag unavailable to you without liability to you. They may also monitor tags to detect and prevent fraud or violations of the terms.
Supporting quotations
Although neither we nor Zelle® have any obligation to monitor Zelle tags, both we and Zelle® have absolute discretion to remove a Zelle tag at any time and for any reason without notice.
We and Zelle® may require you to change your Zelle tag in our sole discretion, and we may elect to make a Zelle Tag unavailable to you, without any liability to you.
We and Zelle® may also monitor Zelle tags to detect and prevent fraudulent activity or violations of these terms.
Qualifications & exceptions
Removal may occur without notice and for any reason
No liability to you for making a tag unavailable
No obligation to monitor, but monitoring for fraud is permitted
Legal Rights & Agreement Rules · Restriction or exception
Bank of America and Zelle disclaim responsibility for other Users' Zelle tags
You acknowledge you may encounter Zelle tags that are offensive, indecent or objectionable. Bank of America and Zelle state they are not responsible for and assume no liability for any User's Zelle tag, including loss or damage it causes, and make no representation or warranty that a tag accurately identifies a particular User.
Supporting quotations
You understand that by using the Service, you may be exposed to a Zelle tag that is offensive, indecent, or objectionable.
We and Zelle® are not responsible for, and assume no liability, for any User Zelle tags, including any loss or damage caused thereby.
We and Zelle® make no representation or warranty that a User Zelle tag accurately identifies a particular User of the Service.
Qualifications & exceptions
Disclaimer covers loss or damage caused by tags
No warranty a tag identifies the intended person
Account & Service Control · Procedure
Zelle enrollment needs a regularly used email or permanent U.S. mobile number
To enroll you must give Bank of America an email address you use and access regularly and/or a permanent U.S. mobile phone number you intend to use for an extended period. You may not enroll with a landline phone number, a Google Voice number or Voice over Internet Protocol.
Supporting quotations
You must provide us with an email address that you use and access regularly and/or a permanent U.S. mobile phone number that you intend to use for an extended period of time.
You may not enroll in the Service with a landline phone number, Google Voice number, or Voice over Internet Protocol.
Qualifications & exceptions
Landline, Google Voice and Voice over Internet Protocol are not allowed
data: identifiers · purpose: service_operation
Charges & Financial Obligations · User right or choice
Once enrolled, you can send money by debit and receive money from other Users
After enrolling, you may authorize a debit of your account to send money to another User, either on your own initiative or at that User's request. You may also receive money from another User at that User's initiative or at your request, subject to the conditions in the later section titled "Requesting Money."
Supporting quotations
Once enrolled, you may:
authorize a debit of your account to send money to another User either at your initiation or at the request of that User
receive money from another User either at that User’s initiation or at your request, subject to the conditions of the Section below titled “Requesting Money.”
Qualifications & exceptions
Receiving at your request is subject to the 'Requesting Money' section
Account & Service Control · Permission or license
Zelle enrollment may be canceled if ownership can't be confirmed after 18 months
If you go 18 consecutive months without receiving money or a money request through Zelle, Bank of America may contact you or take other steps to confirm the enrolled mobile number or email still belongs to you. If it cannot confirm you own it, or learns you do not, it may cancel your enrollment, and you cannot send or receive money with Zelle until you enroll again.
Supporting quotations
If at any time while you are enrolled, you do not receive money using the Service or receive a request for money for a period of 18 consecutive months
we may contact you and/or take other steps to confirm that the U.S. mobile phone number or email address that you enrolled still belongs to you
If we are unable to confirm that you are the owner of the mobile phone number or email address, or we receive information that you are not the owner of the mobile number or email address, then you understand that we may cancel your enrollment
you will not be able to send or receive money with the Service until you enroll again
Qualifications & exceptions
Trigger is 18 consecutive months without receiving money or a request for money
Cancellation is permissive ('may')
Sending and receiving remain unavailable until you enroll again
What 'other steps' to confirm ownership involve is not described
Account & Service Control · Context
You represent that you own or are authorized to use the alias you enrolled
By participating as a User, you represent that you own the email address, U.S. mobile number and/or other alias you enrolled, or that you have delegated legal authority to act for its owner to send or receive money under the agreement.
Supporting quotations
By participating as a User, you represent that you are the owner of the email address, U.S. mobile phone number, and/or other alias you enrolled, or that you have the delegated legal authority to act on behalf of the owner
Qualifications & exceptions
Delegated legal authority to act for the owner is an alternative to ownership
data: identifiers
Account & Service Control · Permission or license
You consent to Zelle emails and autodialed texts from several senders
You consent to receive emails or text messages from Bank of America, Zelle, other Users sending you money or requesting money from you, and other Network Banks or their agents about the Services or related transfers. You agree that Bank of America, Zelle or their agents may use automatic telephone dialing systems for texts to any U.S. mobile number you enroll.
Supporting quotations
You consent to the receipt of emails or text messages from us, from Zelle®, from other Users that are sending you money or requesting money from you, and from other Network Banks or their agents regarding the Services or related transfers between Network Banks and you.
You agree that we may, Zelle® may or our agents may use automatic telephone dialing systems in connection with text messages sent to any U.S. mobile phone number you enroll.
Qualifications & exceptions
Senders include other Users and other Network Banks or their agents
Autodialed texts apply to any enrolled U.S. mobile number
Charges & Financial Obligations · Restriction or exception
You pay your carrier's message charges and are responsible for memo content
You are responsible for any fees or charges your wireless carrier imposes for related data, text or other message services. You are also responsible for the content of the memos you send using Zelle. The agreement refers you to your mobile service agreement for details or applicable fees.
Supporting quotations
You are responsible for any fees or other charges that your wireless carrier may charge for any related data, text or other message services
You are also responsible for the content of the memos you send using Zelle®.
Please check your mobile service agreement for details or applicable fees.
Qualifications & exceptions
Carrier charges are set by your wireless carrier
data: content
Not stated here
Carrier fees depend on your mobile service agreement, which is not supplied
Account & Service Control · Procedure
Notify the bank immediately if your enrolled email or mobile number changes
You must immediately notify Bank of America if an enrolled email or mobile number, or one used as a contact method for a Zelle tag, is surrendered by you, inactivated or removed by your provider, or changed by you. If the bank notices changes to your email or mobile number, or cannot deliver notifications, it may delete that contact and notify you.
Supporting quotations
You will immediately notify us if any email address or mobile phone number you have enrolled or is used as a contact method for a Zelle tag is (i) surrendered by you, (ii) inactivated or removed by your provider, or (iii) changed by you.
For your security, if we notice changes to your email or mobile number, or we are unable to deliver notifications, we may delete it and notify you.
Qualifications & exceptions
Applies to contacts used for Zelle tags too
Deletion is permissive and followed by notice
data: identifiers · purpose: security
Not stated here
How you are notified after deletion is not specified
Sharing & Disclosure · Company practice
You confirm recipients consented; messages may include your name and memo
For messages you send through Bank of America or Zelle, or that they send on your behalf, to an email address or mobile number, you represent that you have the recipient's consent to receive those emails or automated texts. Messages Bank of America or Zelle send on your behalf may include your name and the memo you sent.
Supporting quotations
you represent that you have obtained the consent of the recipient of such emails or automated text messages to send such emails or text messages to the recipient
You understand and agree that any emails or text messages that we send or that Zelle® sends on your behalf may include your name and the memo that you sent.
Legal Rights & Agreement Rules · Restriction or exception
Your wireless carrier is not liable for delayed or undelivered Zelle messages
The agreement states your wireless carrier is not liable for any delay or failure to deliver messages sent to or from Bank of America or Zelle, including messages you send through them or that they send on your behalf.
Supporting quotations
Your wireless carrier is not liable for any delay or failure to deliver any message sent to or from us or Zelle®
including messages that you may send through us or through Zelle® or that we may send or Zelle® may send on your behalf
data: messages
Account & Service Control · User right or choice
Texting STOP to 53849 ends Zelle texts and unenrolls you from the Service
To cancel text messages from Bank of America, text STOP to 53849; doing so also unenrolls you from the Zelle Service. For help, text HELP to 53849 or call 800.933.6262 (consumer accounts) or 866.758.5972 (small business accounts). You consent to a text confirming your STOP request. Bank of America's Zelle notifications are supported by many carriers, like AT&T, T-Mobile and Verizon Wireless, and you should check availability with your carrier.
Supporting quotations
To cancel text messaging from us, text STOP to 53849. This will unenroll you from the Service.
For help or information regarding text messaging, text HELP to 53849 or contact our customer service at 800.933.6262 for consumer accounts and 866.758.5972 for small business accounts.
You expressly consent to receipt of a text message to confirm your “STOP” request.
Bank of America’s Zelle® notifications are supported by many carriers, like AT&T, T-Mobile, and Verizon Wireless. Check with your individual carrier to confirm availability.
Qualifications & exceptions
STOP unenrolls you from the Service, not only from texts
Separate help numbers for consumer and small business accounts
Carrier availability varies
data: identifiers · purpose: service_operation
Data Access & Collection · Permission or license
You authorize your wireless carrier to share subscriber data for fraud checks
Bank of America or Zelle may use information on file with your wireless operator to further verify your identity and protect against actual or potential fraud or unauthorized use of the Service. By using the Service you authorize your wireless operator to use or disclose subscriber account information, such as your mobile number, name, address, email, network status, customer type, mobile device identifiers and other device and subscriber status information, to Bank of America or its service providers. They may use it for the duration of your business relationship with them, solely to verify identity and help prevent fraud. The agreement points to the Zelle Privacy Policy and Bank of America's Privacy Policy for data handling.
Supporting quotations
We or Zelle® may use information on file with your wireless operator to further verify your identity and to protect against or prevent actual or potential fraud or unauthorized use of the Service.
By using the Service, you authorize your wireless operator (AT&T, T-Mobile, US Cellular, Verizon, or any other branded wireless operator) to use or disclose information related to your wireless subscriber account
(such as your mobile number, name, address, email, network status, customer type, mobile device identifiers and other device and subscriber status information)
to Bank of America or its service providers, which they may use for the duration of your business relationship with them, solely to verify your identity and help prevent fraud.
See Zelle® Privacy Policy [https://www.zellepay.com/privacy-policy] for how it treats your data.
For Bank of America’s Privacy Policy, go to our Web site at https://www.bankofamerica.com/privacy.
Qualifications & exceptions
Use is stated to be solely for identity verification and fraud prevention
Recipients are Bank of America or its service providers
Operators named: AT&T, T-Mobile, US Cellular, Verizon, or any other branded wireless operator
Whether 'them' in 'business relationship with them' refers to Bank of America, its service providers, or the wireless operator is unclear
Which service providers receive the data is not named
Contents of the Zelle and Bank of America privacy policies are not supplied
Charges & Financial Obligations · Restriction or exception
You can't stop incoming Zelle transfers; you authorize credits to your account
Once another User starts a transfer to your enrolled email address or U.S. mobile number, you cannot stop it. By using the Service you authorize Bank of America to make credit entries to your enrolled bank account.
Supporting quotations
Once a User initiates a transfer of money to your email address or U.S. mobile phone number enrolled with the Service, you have no ability to stop the transfer.
By using the Service, you agree and authorize us to initiate credit entries to the bank account you have enrolled.
Charges & Financial Obligations · Permission or license
Incoming Zelle payments usually arrive in minutes but may be delayed or blocked
Most transfers to you arrive within minutes, but some take longer; for example, to protect you, Bank of America, Zelle, other Network Banks and other Users, Bank of America or Zelle may need time to verify your identity or the sender's. They may also delay or block a transfer for reasons including fraud, scams, suspicious or illegal activity, duplicate payment, incorrect amount or recipient, or to meet regulatory obligations. If they block a payment you initiated through a request for money, Bank of America will notify you.
Supporting quotations
Most transfers of money to you from other Users will occur within minutes. There may be other circumstances when the payment may take longer.
in order to protect you, us, Zelle®, the other Network Banks, and other Zelle® Users
we may need or Zelle® may need additional time to verify your identity or the identity of the person sending the money
We or Zelle® may also delay or block the transfer for various reasons including fraud, scams, suspicious or illegal activity, duplicate payment, incorrect amount or incorrect recipient or otherwise to meet our regulatory obligations.
If we or Zelle® block a payment that you have initiated through a request for money, we will notify you.
Qualifications & exceptions
'Most' transfers occur within minutes, not all
Notice is promised only for blocked payments you initiated through a money request
Legal Rights & Agreement Rules · Restriction or exception
Bank of America and Zelle disclaim liability to you for incoming transfers
The agreement states that neither Bank of America nor Zelle is liable to you for any such transfers of money, including any failure, through no fault of theirs, to complete a transaction in the correct amount, and any related losses or damages.
Supporting quotations
Neither we nor Zelle® shall have liability to you for any such transfers of money, including without limitation, (i) any failure, through no fault of us or Zelle® to complete a transaction in the correct amount, or (ii) any related losses or damages.
8. Error Resolution Procedures for Consumer Accounts
If we do not complete a transaction to or from your account on time, or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. For instance, we will not be liable where:
Except as otherwise provided in this Agreement,
Qualifications & exceptions
Listed examples are 'without limitation'
Correct-amount example is limited to failures through no fault of Bank of America or Zelle
For consumer accounts, Section 8.C says Bank of America is liable for losses or damages when it fails to complete a transaction on time or in the correct amount under its agreement with you, subject to the exceptions listed there.
Payments from businesses or agencies also follow the sender's procedures
If you receive a Zelle payment from a business or government agency, it is delivered under both this Agreement and the sending organization's procedures. Bank of America states it has no control over other Users, Zelle or other Network Banks whose actions could delay or prevent a transfer to you.
Supporting quotations
If you are receiving a payment from a business or government agency, your payment will be delivered in accordance with both this Agreement and the procedures of the business or government agency that is sending you the payment.
We have no control over the actions of other Users, Zelle®, or other Network Banks that could delay or prevent a transfer of money to you.
Qualifications & exceptions
Sender procedures apply in addition to this Agreement
Not stated here
The procedures of businesses or government agencies sending payments are not supplied
Charges & Financial Obligations · User right or choice
Ways to send money with Zelle and your authorization to debit your account
You may send money to another Zelle User on your own initiative or in response to that User's request. When you send on your own initiative, you can choose a one-time payment that begins processing immediately, a one-time payment dated for a specified future day, or a recurring series on specified dates. Each use of the Service is subject to this Agreement and to your express authorization, given at the time of the transaction, for Bank of America or another Network Bank to debit your bank account.
Supporting quotations
You may send money to another User at your initiation or in response to that User’s request for money.
(i) one-time payment that will begin processing immediately
(ii) one-time future dated payment that will begin processing on a specified future date
(iii) recurring payment series that will begin processing recurring payments on a specified series of dates
your express authorization at the time of the transaction for us or another Network Bank to initiate a debit entry to your bank account
Qualifications & exceptions
Debits require your express authorization at the time of each transaction
Subject to this Agreement
data: payment · purpose: service_operation
Not stated here
How future-dated and recurring scheduling is presented on screen is not described
Charges & Financial Obligations · Restriction or exception
When you can edit or cancel a Zelle payment
One-time immediate Zelle payments cannot be edited or canceled. Future-dated payments can be edited or canceled until 11:59 PM ET the day before the scheduled date, and recurring payments until 11:59 PM ET the day before the next scheduled payment. Once a payment has begun processing it cannot be edited or canceled, except that you can cancel it if it is pending because the recipient has not yet enrolled with the email address or U.S. mobile number you used; if the recipient does not enroll within 14 days the payment is canceled, and if the recipient is already enrolled the money goes directly to their eligible deposit account and cannot be canceled or revoked. Edits and cancellations are made in the Zelle "Activity" section under the "Pay & Transfer" tab of the website or mobile app.
Supporting quotations
One-time payments that process immediately cannot be edited or canceled.
You may edit or cancel a one-time future dated payment or recurring payment until 11:59 PM ET the day before the payment is scheduled to occur.
and a payment has begun processing, it cannot be edited or canceled
you may cancel the payment if the person to whom you sent the money has not yet enrolled in the Service with the email address or U.S. mobile number to which you initiated the payment
If the person to whom you sent money does not enroll in the Service within 14 days with such email address or U.S. mobile number, the payment will be canceled.
the money is sent directly to their eligible deposit account (except as otherwise provided below) and may not be canceled or revoked
You may edit or cancel recurring payments until 11:59 PM ET the day before the next payment is scheduled to occur.
After a payment has begun processing, you may cancel such payment only if the payment is pending due to the recipient not yet enrolling in the Service.
You may edit or cancel Zelle® payments by going to the “Pay & Transfer” tab of the Bank of America website or mobile app
locating the Zelle® “Activity” section
Qualifications & exceptions
Cut-off is 11:59 PM ET the day before the scheduled payment
Immediate payments cannot be edited or canceled
Post-processing cancellation only while the recipient has not enrolled
Unclaimed payments are canceled after 14 days
data: payment · purpose: service_operation
Not stated here
The "except as otherwise provided below" carve-out for direct deposit to an enrolled recipient's account is not identified
Charges & Financial Obligations · Restriction or exception
No purchase protection for authorized Zelle payments
The agreement says Zelle is intended for sending money to family, friends and others you trust, and that you should not use it to send money to recipients you are not familiar with or do not trust; Bank of America also recommends sending money only to people you know and trust. Neither Bank of America nor Zelle offers purchase protection for authorized payments, for example if goods or services you paid for never arrive, arrive damaged, or are not what you expected.
Supporting quotations
THE SERVICE IS INTENDED FOR SENDING MONEY TO FAMILY, FRIENDS AND OTHERS WHOM YOU TRUST.
YOU SHOULD NOT USE ZELLE® TO SEND MONEY TO RECIPIENTS WITH WHOM YOU ARE NOT FAMILIAR OR YOU DO NOT TRUST.
NEITHER WE NOR ZELLE® OFFER PURCHASE PROTECTION FOR AUTHORIZED PAYMENTS MADE THROUGH THE SERVICE
IF YOU DO NOT RECEIVE THE GOODS OR SERVICES THAT YOU PAID FOR, OR THE GOODS OR SERVICES THAT YOU RECEIVED ARE DAMAGED OR ARE OTHERWISE NOT WHAT YOU EXPECTED
We therefore recommend that you use the Service to send money only to people you know and trust.
Charges & Financial Obligations · Company practice
Zelle delivery timing, verification holds and unenrolled recipients
Transfers to an enrolled User usually occur in minutes once processing begins, but some take longer, for example when Bank of America needs extra time to verify your identity or the recipient's. While it verifies transfer details, Bank of America places a hold on your account for the transfer amount. A recipient who is not enrolled may fail to register or ignore the notice, and if they do not enroll, set up an email address or mobile number, and accept the transfer within 14 days, the transfer is canceled.
Supporting quotations
the transfer will occur in minutes once the transfer begins processing; however, there are circumstances when the payment may take longer
we may need additional time to verify your identity or the identity of the person receiving the money
a hold will be placed on your account for the amount of the transfer
may fail to register with Zelle®, or otherwise ignore the payment notification, and the transfer may not occur
If the person to whom you are sending money does not enroll, set up an email address or mobile number and accept the transfer within 14 days, the transfer will be canceled.
How long a verification hold may last is not stated
Charges & Financial Obligations · Permission or license
Bank of America may delay, block or cancel Zelle transfers
Bank of America may delay or block a transfer for reasons including fraud, scams, suspicious or illegal activity, duplicate payments, incorrect amounts or recipients, or to meet regulatory obligations. By scheduling a transfer, including future-dated and recurring ones, you agree it may cancel transfers for reasons such as your account being closed or lacking available funds, your being ineligible, invalid recipient details, a deleted recipient, security reasons, an exceeded limit, or the payment otherwise being unable to be processed. It says it will notify you if it blocks a payment you initiated through a request for money, and will notify you by email if it blocks or cancels a payment you initiated using the Service. Neither Bank of America nor Zelle is liable to you for such transfers, including a failure through no fault of theirs to complete a transaction in the correct amount or related losses, and Bank of America says it has no control over other Users, Network Banks or financial institutions that could delay or prevent delivery.
Supporting quotations
We may also delay or block the transfer for various reasons including fraud, scams, suspicious or illegal activity, duplicate payment, incorrect amount or incorrect recipient or otherwise to meet our regulatory obligations.
If we block a payment that you have initiated through a request for money, we will notify you.
Neither we nor Zelle® shall have liability to you for any such transfer of money
(i) any failure, through no fault of us or Zelle® to complete a transaction in the correct amount, or (ii) any related losses or damages
The money may also be delayed or the transfer may be blocked to prevent fraud or comply with regulatory requirements.
by scheduling a Zelle® transfer, including future dated and recurring transfers, you agree and acknowledge that we may cancel any such transfer(s) for reasons such as: your payment account is closed or does not have available funds, you are ineligible to use Zelle®, the recipient’s account number, email, mobile number is invalid, the recipient is deleted, for security reasons, applicable limit exceeded, or the payment otherwise can’t be processed
We will notify you by email if we block or cancel a payment that you have initiated using the Service.
We have no control over the actions of other Users, other Network Banks or other financial institutions that could delay or prevent your money from being delivered to the intended User.
8. Error Resolution Procedures for Consumer Accounts
If we do not complete a transaction to or from your account on time, or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. For instance, we will not be liable where:
Except as otherwise provided in this Agreement,
Qualifications & exceptions
Email notice if Bank of America blocks or cancels a payment you initiated
The delayed or blocked transfer disclaimer is subject to the Agreement’s other provisions, including Section 8.C for consumer accounts
For consumer accounts, Section 8.C says Bank of America is liable for losses or damages when it fails to complete a transaction on time or in the correct amount under its agreement with you, subject to the exceptions listed there.
Legal Rights & Agreement Rules · Restriction or exception
Bank of America and Zelle disclaim liability for Zelle transfers and typos
Except as otherwise provided in the Agreement, neither Bank of America nor Zelle is liable to you for transfers under the Service, including a failure through no fault of theirs to complete a transaction in the correct amount, or related losses or damages. Neither is liable for typos or keystroke errors you make. Your liability for unauthorized transactions is addressed separately in Section 8.
Supporting quotations
Except as otherwise provided in this Agreement, neither we nor Zelle® shall have liability to you for any transfers of money under the Service
(i) any failure, through no fault of us or Zelle® to complete a transaction in the correct amount, or (ii) any related losses or damages
Neither we nor Zelle® shall be liable for any typos or keystroke errors that you may make when using the Service.
For information regarding your liability for unauthorized transactions, see Section 8 of this agreement.
If we do not complete a transaction to or from your account on time, or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions.
Qualifications & exceptions
Except as otherwise provided in this Agreement
Unauthorized transactions governed by Section 8
For consumer accounts, Section 8.C states Bank of America is liable for losses or damages if it does not complete a transaction on time or in the correct amount according to its agreement with you, subject to exceptions; the Zelle disclaimer's examples cover failures through no fault of Bank of America or Zelle
Cross-references
qualifies (model-proposed): No liability for unauthorized transactions reported within 60 (or 90) days — The Zelle liability disclaimer points to Section 8 for unauthorized transactions (b280). Section 8.B's Regulation E rules (no liability if you report within 60 or 90 days) limit how far that disclaimer reaches.
Legal Rights & Agreement Rules · Restriction or exception
You are responsible for resolving disputes with other Zelle Users
Except as provided in Section 8, you agree that you, not Bank of America or Zelle, are responsible for resolving payment or other disputes with any other User you send money to, or receive or request money from, through the Service.
Supporting quotations
EXCEPT AS PROVIDED IN SECTION 8 BELOW, YOU AGREE THAT YOU, NOT WE OR ZELLE®, ARE RESPONSIBLE FOR RESOLVING ANY PAYMENT OR OTHER DISPUTES THAT YOU HAVE WITH ANY OTHER USER
WITH WHOM YOU SEND MONEY TO, OR RECEIVE OR REQUEST MONEY FROM, USING THE SERVICE
Qualifications & exceptions
Except as provided in Section 8
Legal Rights & Agreement Rules · Restriction or exception
Payments induced by misrepresentation are not "unauthorized"
Bank of America does not guarantee the identity of any Zelle or other payment service users, whether recipients or senders. Sending a payment to someone who induced it by misrepresenting the goods or services or their own identity does not make the transaction "unauthorized" as that term is defined in Section 8.B.
Supporting quotations
WE DO NOT GUARANTEE THE IDENTITY OF ANY USERS OF ZELLE® AND OTHER PAYMENT SERVICES
SENDING PAYMENTS TO A PERSON WHO HAS INDUCED SUCH PAYMENT BY MISREPRESENTING THE GOODS OR SERVICES TO BE PROVIDED, OR THE IDENTITY OF THE PAYMENT RECIPIENT, DOES NOT MAKE THE TRANSACTION “UNAUTHORIZED,” AS DEFINED BELOW IN SECTION 8.B.
Qualifications & exceptions
Uses the Section 8.B definition of unauthorized
Charges & Financial Obligations · User right or choice
Requesting money through Zelle carries no guarantee of payment
You may request money from another User, but recipients may reject or ignore requests. Neither Bank of America nor Zelle guarantees you will receive money or the amount you requested, and either may decide in its sole discretion not to send a reminder or repeat request to a User who ignores yours.
Supporting quotations
You may request money from another User.
Users to whom you send payment requests may reject or ignore your request
Neither we nor Zelle® guarantee that you will receive money from other Users by sending a payment request, or that you will receive the amount that you request.
we may decide or Zelle® may decide, in our sole discretion, that we will not send a reminder or repeat request to that User
Qualifications & exceptions
Reminders are at Bank of America's or Zelle's sole discretion
data: payment · purpose: service_operation
Legal Rights & Agreement Rules · Restriction or exception
No debt collection through Zelle requests, with indemnity if you do
By accepting the Agreement you agree you are not engaging in the business of debt collection by using money requests to collect overdue or delinquent debts, money owed to another person, or amounts owed under a court order. You agree to indemnify, defend and hold harmless Bank of America, Zelle, their owners, directors, officers, agents and Network Banks against all claims, losses, expenses, damages and costs (including direct, incidental, consequential, exemplary and indirect damages) and reasonable attorney's fees arising from any request you send related to overdue or delinquent amounts.
Supporting quotations
you agree that you are not engaging in the business of debt collection
to request money for the payment or collection of an overdue or delinquent debt; to request money that is owed to another person; or to collect any amounts that are owed pursuant to a court order
You agree to indemnify, defend and hold harmless us, Zelle®, our and their owners, directors, officers agents and Network Banks
from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages)
and reasonable attorney's fees, resulting from or arising out of any request for money that you send that is related to overdue or delinquent amounts
Qualifications & exceptions
Indemnity covers reasonable attorney's fees and consequential and exemplary damages
Charges & Financial Obligations · Restriction or exception
Money requests must be lawful and are not reviewed by Bank of America or Zelle
You agree to receive money requests from other Users and to send requests only for legitimate and lawful purposes. Requests are solely between the sender and recipient and are not reviewed or verified by Bank of America or Zelle, which take no responsibility for their accuracy or legality and do not act as a debt collector for either party.
Supporting quotations
You agree to receive money requests from other Users, and to only send requests for legitimate and lawful purposes.
Requests for money are solely between the sender and recipient and are not reviewed or verified by us or by Zelle®.
Neither we nor Zelle® assume responsibility for the accuracy or legality of such requests and do not act as a debt collector
Qualifications & exceptions
You agree to receive requests from other Users
data: payment
Account & Service Control · Permission or license
Bank of America may end your ability to send money requests
Bank of America reserves the right, without any obligation, to terminate your ability to send money requests generally or to specific recipients if it deems the requests potentially unlawful, abusive, offensive or unwelcome by the recipient.
Supporting quotations
We reserve the right, but assume no obligation, to terminate your ability to send requests for money in general, or to specific recipients, if we deem such requests to be potentially unlawful, abusive, offensive or unwelcome by the recipient.
Qualifications & exceptions
Right reserved but no obligation assumed
Can apply to all requests or specific recipients
Not stated here
Whether you receive notice before termination is not stated
Charges & Financial Obligations · Company commitment
No fee to send or receive Zelle transfers
The agreement states there is no fee for sending or receiving a transfer under the Zelle Service.
Supporting quotations
There is no fee for sending or receiving a transfer under the Service.
Charges & Financial Obligations · Restriction or exception
How Zelle daily and monthly sending limits work
Zelle transfers from your eligible Bank of America deposit accounts are subject to daily and monthly limits on dollar amount and number of transfers. Daily limits reset at 12:00 AM ET each calendar day and monthly limits at 12:00 AM ET on the first day of each month. Limits are lower for the first 60 days after your initial Zelle enrollment with your User ID, some recipients have separate daily limits, and limits apply even if your available balances are higher. Limits are aggregate across all your Bank of America accounts enrolled in the Service.
Supporting quotations
There are limits and restrictions on Zelle® transfers sent from your eligible Bank of America deposit accounts.
Your ability to send money using the Service is subject to daily and monthly limits on the dollar amount and frequency of Zelle transfers.
Daily limits are measured on a per-calendar-day basis and reset at 12:00 AM ET each calendar day.
Monthly limits are measured on a per-calendar-month basis and reset at 12:00 AM ET on the first calendar day of each calendar month.
Overall transfer limits will be lower for the first 60 days of your initial Zelle enrollment with your User ID.
We also limit the amount you can send to certain recipients on a daily basis.
We limit your Zelle transfers even if your available balance(s) are collectively higher than the applicable limits.
Limits are aggregate and apply across all of your combined Bank of America accounts enrolled with the Service.
Charges & Financial Obligations · Permission or license
Over-limit transfers and temporary recipient limit increases are discretionary
Bank of America will generally decline a transaction that would exceed a limit, but may allow over-limit transactions in its sole discretion. It may also temporarily permit a higher limit for certain recipients based on your transaction history and other risk factors, and may display that increase in online banking or the mobile app when you set up the transfer. Any such exception applies only to the specified recipient and does not raise your overall limits or guarantee future exceptions.
Supporting quotations
We will generally decline any transaction that would cause you to exceed any limit.
However, we may allow transactions that exceed your limits in our sole discretion.
we may temporarily permit a higher limit for certain recipients based on your transaction history and other risk-related factors
we may display the temporary limit increase in online banking or our mobile app when you set up your transfer
Any such exception applies only to the recipient we specify and does not increase your overall limits or guarantee future exceptions.
Charges & Financial Obligations · Permission or license
Bank of America may change Zelle limits and may not disclose some changes
For security reasons Bank of America may modify the frequency or dollar amount you can send with Zelle, and may not disclose certain limits or limit changes. All sending limits are subject to temporary reductions to protect your account, other customer accounts or the Zelle Service.
Supporting quotations
We may from time to time, for security reasons, modify the limits, including the frequency, and/or the dollar amount of money you can send using the Zelle® Service.
We may not disclose certain limits or changes to limits for security reasons.
All sending limits are subject to temporary reductions to protect the security of your account, customer accounts, and/or the Zelle® Service.
Charges & Financial Obligations · Restriction or exception
$1 Zelle minimum, no receiving limits and early scheduling restrictions
The minimum for any single Zelle transfer is $1.00, and there are no limits on receiving Zelle transfers. Not all features are always available; for example, you may be unable to schedule future-dated or recurring payments during the first 60 days after initial enrollment, or for certain recipients.
Supporting quotations
Not all features of the Service will be available to you at all times.
you may be unable to schedule one-time future dated and recurring payments during the first sixty (60) days after your initial enrollment in the Service, or for certain recipients
The minimum transfer amount for any single Zelle® transfer is $1.00.
There are no receiving limits for Zelle® transfers.
Qualifications & exceptions
$1.00 minimum per transfer
Scheduling may be unavailable in the first 60 days or for certain recipients
Charges & Financial Obligations · Restriction or exception
Consumer Zelle sending limits by enrollment tenure
Zelle limits depend on how long you have been enrolled, and sending is subject to daily and monthly limits. For consumers, the table sets daily limits of $1,000 / 10 transactions for enrollment of 30 days or less, $2,000 / 10 transactions for 31-60 days and $3,500 / 10 transactions after 60 days, and lists a single consumer monthly limit of $20,000 / 60 transactions.
Supporting quotations
Zelle® transfer limits depend on how long you’ve been enrolled with Zelle®.
Daily Limit
Monthly Limit
Consumer
New Zelle® enrollment <= 30 days
$1,000 / 10 transactions
$20,000 / 60 transactions
Zelle® enrollment tenure 31-60 days
$2,000 / 10 transactions
Zelle® enrollment tenure > 60 days
$3,500 / 10 transactions
Your ability to send money using the Service is subject to daily and monthly limits on the dollar amount and frequency of Zelle transfers.
Qualifications & exceptions
Daily limits increase with Zelle enrollment tenure
Charges & Financial Obligations · Restriction or exception
Small business Zelle sending limits by enrollment tenure
For small business customers, sending is subject to daily and monthly limits. The table sets daily limits of $2,000 / 20 transactions for enrollment of 15 days or less, $4,000 / 20 for 16-30 days, $8,000 / 20 for 31-60 days and $15,000 / 20 after 60 days, and lists a single small business monthly limit of $100,000 / 120 transactions. A footnote says small business customers not receiving the small business limits should make sure they are logged in with their small business User ID.
Supporting quotations
Small Business
New Zelle® enrollment <= 15 days
$2,000 / 20 transactions
$100,000 /120 transactions
Zelle® enrollment tenure 16-30 days
$4,000 / 20 transactions
Zelle® enrollment tenure 31-60 days
$8,000 / 20 transactions
Zelle® enrollment tenure > 60 days
$15,000 / 20 transactions
If you are a small business customer and are not receiving the small business limits, make sure you are logged in with your small business User ID.
Daily Limit
Monthly Limit
Your ability to send money using the Service is subject to daily and monthly limits on the dollar amount and frequency of Zelle transfers.
Qualifications & exceptions
Daily limits increase with Zelle enrollment tenure
One monthly limit is listed for small business customers
Charges & Financial Obligations · Restriction or exception
Lower daily Zelle limits for unenrolled and newly added recipients
Additional daily limits apply to recipients who are not enrolled with Zelle or were recently added to your recipient list. For consumers, the daily limit is $500 to a recipient not enrolled with Zelle and $2,000 to a new recipient during the first 5 days after you add them; for small business, $2,000 and $4,000 respectively. These limits apply to each such recipient and reduce what you can send that recipient daily even if your overall daily limit is higher.
Supporting quotations
Additional Zelle® transfer limits apply to recipients who have not enrolled with Zelle® or have been recently added to your Zelle® recipient list.
Daily Limit
Consumer
Recipient who is not enrolled with Zelle®
$500
New recipient you add for the first 5 days
$2,000
Small Business
Recipient who is not enrolled with Zelle®
$2,000
New recipient you add for the first 5 days
$4,000
Daily limits for Zelle® transfers to recipients not enrolled with Zelle® and/or recipients you recently added apply to each applicable recipient
reduces the total amount you may transfer the particular recipient on a daily basis even if your total limit for amounts you can send daily is higher
Qualifications & exceptions
Per-recipient daily limits
New-recipient limit applies for the first 5 days
purpose: security
Charges & Financial Obligations · Context
Private Bank and Merrill clients may have higher Zelle limits
A table footnote says Private Bank and Merrill Lynch Wealth Management customers may be subject to higher dollar limits and total transfers, and directs them to contact their advisor for details.
Supporting quotations
Private Bank and Merrill Lynch Wealth Management customers may be subject to higher dollar limits and total transfers.
Please contact your advisor for more information on your limits.
RTP lets you receive Requests for Payment and pay them from checking
The Real Time Payments Service (RTP) lets you receive a Request for Payment (RFP) from individuals or businesses that bank at a financial institution participating in RTP. The agreement calls those requesters "Payees." You can pay their RFPs from an eligible checking account through RTP.
Supporting quotations
You can use the Real Time Payments Service (“RTP”) to receive a Request for Payment ("RFP") from other individuals or businesses with a bank account at a financial institution participating in RTP
to pay such RFPs from an eligible checking account to that Payee using RTP
Qualifications & exceptions
Requester must bank at an institution participating in RTP
Payments come from an eligible checking account
data: payment · purpose: service_operation
Not stated here
Which checking accounts count as eligible is not listed here beyond the later reference to consumer checking
Account & Service Control · Restriction or exception
RTP eligibility: US dollars, participating US banks, consumer checking
RTP transfers can only be made in U.S. dollars, and only between accounts at participating banks located in the United States. When you enroll to receive RFPs or send payments, you agree to this Agreement and represent that you have authority to authorize payments from the enrolled account. You may pay from your consumer checking account, and Bank of America may require you to validate certain account information before you can send an RTP payment.
Supporting quotations
Transfers using RTP may be made only in U.S. Dollars and only between accounts at banks located in the United States that are participating in RTP.
When you enroll to use RTP to receive RFPs or send payments, you agree to the terms and conditions of this Agreement.
You represent that you have the authority to authorize payments from the enrolled bank account.
You may make payments using your consumer checking account.
We may require you to validate certain account information before you are permitted to send a payment using RTP.
Qualifications & exceptions
U.S. dollars only
Only between participating banks located in the United States
What account information may need to be validated is not specified
Charges & Financial Obligations · Restriction or exception
You agree to turn off duplicate billing arrangements with RTP Payees
To avoid duplicate payments, you agree to turn off any e-bills, other duplicate electronic billings, or recurring payment arrangements you have with a Payee you choose to receive RFPs from. The agreement warns that if you don't, you may end up overpaying.
Supporting quotations
In order to avoid potential duplicate payments to the same biller
you agree to turn off any e-bills or other duplicate electronic billings or recurring payment arrangements you have with the same Payee from whom you elect to receive a RFP
Failure to do so may result in over payments.
Qualifications & exceptions
Applies to Payees from whom you elect to receive RFPs
data: payment · purpose: service_operation
Account & Service Control · Restriction or exception
No unlawful RTP payments; Bank of America may suspend or terminate RTP
You agree not to send money to anyone for a purpose prohibited by law. Bank of America reserves the right to suspend or terminate your RTP use if it believes, in its sole discretion, that you have violated these terms or are acting fraudulently or illegally.
Supporting quotations
You agree that you will not send money to anyone for any purpose that is prohibited by law.
We reserve the right to suspend or terminate your use of RTP if we believe, in our sole discretion, that you have violated any of these terms or conditions or are otherwise engaging in a fraudulent or other illegal manner.
Qualifications & exceptions
Suspension or termination is at Bank of America's sole discretion
Triggered by a belief of a terms violation or fraudulent or illegal conduct
purpose: legal_compliance · purpose: security
Not stated here
Whether notice is given before suspension or termination is not stated
Charges & Financial Obligations · User right or choice
Paying an RFP: immediate or scheduled, any time, no recurring payments
When you receive an RFP, you can pay the requesting Payee an amount you choose, or ignore the request. You can make a one-time immediate payment or schedule one for a future date, but recurring payments are not available at this time. Payments can be made 24 hours a day, 7 days a week, including weekends and holidays.
Supporting quotations
you may respond by making a payment in an amount you designate to the Payee submitting that RFP or you can elect to disregard the RFP
You may make a one-time immediate payment or a future-scheduled payment in response to a RFP.
Recurring payments are not available at this time.
You may make payments 24 hours a day, 7 days a week, including weekends and holidays.
Qualifications & exceptions
Recurring payments are not available at this time
Payments are made in response to an RFP
data: payment · purpose: service_operation
Charges & Financial Obligations · Permission or license
RTP payment requests authorize debits; Payee crediting is outside BofA control
When you ask to send an RTP payment, you authorize Bank of America to debit your account and transfer the amount to the Payee you choose. Your account is debited immediately for a one-time immediate payment, or on the scheduled date for a future-scheduled payment, and the transfer goes to the Payee's financial institution in real time. Bank of America says it does not control when that institution credits the Payee's account, or when your account with the Payee will reflect the payment.
Supporting quotations
By making a request to send a payment, you authorize us to debit your account for the amount of the payment and to transfer that amount to the Payee you designate.
your account will be debited immediately for a one time immediate payment, or on the date you have scheduled for a future-scheduled payment
a transfer will be made in real time to that Payee's financial institution
However, we do not control when the financial institution will credit the intended Payee’s account or when your account with the Payee will reflect the payment.
Qualifications & exceptions
Immediate payments are debited immediately; scheduled payments on the scheduled date
Timing of the Payee's crediting is not controlled by Bank of America
Charges & Financial Obligations · Company commitment
Bank of America reimburses Payee late fees if it fails to process an RTP payment
If Bank of America fails to process an RTP payment according to your properly completed instructions and the RTP requirements, it will reimburse you for late payment fees the Payee charges. This is in addition to any other remedies available to you under Section 8 of the Agreement.
Supporting quotations
If we fail to process a payment in accordance with your properly completed instructions and the RTP requirements, we will reimburse you for any late payment fees charged by the Payee, in addition to any other remedies that may be available to you under Section 8 of this Agreement.
Qualifications & exceptions
Your instructions must have been properly completed
The failure must be measured against your instructions and the RTP requirements
Other Section 8 remedies may also apply
data: payment · purpose: service_operation
Not stated here
The "RTP requirements" are not set out in this section
broadens (model-proposed): Bank liability for failing to complete transactions, with listed exceptions — RTP late-fee reimbursement is 'in addition to any other remedies' under Section 8 (b346). That includes 8.C, where the bank is liable for your losses or damages when a transaction is not completed on time or in the correct amount.
Legal Rights & Agreement Rules · Restriction or exception
RTP payments are irrevocable; you are responsible for amounts you enter
Because RTP payments are irrevocable and can't be reversed, the agreement says you should be careful to verify that an RFP comes from a Payee you know and trust and that the amount you enter is correct before you pay. Bank of America makes no representations or warranties that RFP information is accurate and complete, and checking it is your responsibility. You remain responsible for any payment you authorize even if you enter the wrong amount, and Bank of America will not be liable for your typographical, keystroke or other errors.
Supporting quotations
Since all payments are irrevocable and cannot be reversed
you should be careful to verify that the RFP you receive is from a Payee you know and trust and that the amount you enter is correct before sending a payment
We make no representations or warranties that the information contained in a RFP is accurate and complete.
It is your responsibility to verify the accuracy of that information prior to sending a payment.
You will still be responsible for any payment you authorize us to make even if you enter the wrong amount.
We will not be liable for any typographical, keystroke or other errors made by you.
Qualifications & exceptions
Payments cannot be reversed
No warranty on the accuracy of RFP information
You remain responsible for wrong amounts you enter
data: payment · purpose: service_operation
Legal Rights & Agreement Rules · Restriction or exception
No purchase protection for authorized RTP payments; disputes are yours
Bank of America does not offer a protection program for authorized RTP payments. It will not be liable if you don't receive the goods or services you paid for, or if they are damaged or not what you expected. You are responsible for resolving those disputes with the Payee you paid.
Supporting quotations
We do not offer a protection program for authorized payments made through RTP.
We will not be liable if you do not receive the goods or services that you paid for, or if the goods or services are damaged or otherwise not what you expected.
You are responsible for resolving any such disputes you may have with the Payee to whom you sent a payment through RTP.
Qualifications & exceptions
Applies to authorized payments
data: payment
Charges & Financial Obligations · Company practice
No fee to receive RFPs or pay them through RTP
Bank of America charges no fee for receiving an RFP or for making payments in response to one through RTP.
Supporting quotations
There is no fee for receiving a RFP or making payments in response to a RFP using RTP.
data: payment
Charges & Financial Obligations · Procedure
Cancel scheduled RTP payments by 11:59 p.m. ET the prior business day
Immediate RTP transfers are irrevocable and can't be reversed or stopped once made. You can cancel a future-scheduled payment until 11:59 p.m. ET on the business day before the scheduled transfer. To cancel, go to the Transfers section of the Bank of America website or mobile app and tap "Activity."
Supporting quotations
Immediate transfers made using RTP are irrevocable and cannot be reversed or stopped once made.
Future-scheduled payments may be cancelled by 11:59 p.m. ET on the business day prior to the scheduled transfer by going to the Transfers section of the Bank of America website or mobile app and tapping on “Activity”.
Qualifications & exceptions
Immediate transfers cannot be cancelled
Deadline: 11:59 p.m. ET on the business day before the scheduled transfer
data: payment · purpose: service_operation
Charges & Financial Obligations · Restriction or exception
RTP sending limits, consumer checking: $3,500/24 hours up to $20,000/month
Payments sent through RTP from consumer checking are limited to $3,500 and 10 transactions every 24 hours, $10,000 and 30 transactions every 7 days, and $20,000 and 60 transactions every month. Private Bank and Merrill Lynch Wealth Management clients may be subject to higher dollar limits and total transfers and are told to contact their advisor.
Supporting quotations
The following limits will apply to payments sent using RTP*:
Every 24 hours
Every 7 days
Every Month
Consumer checking
$3500 / 10 transactions
$10,000 / 30 transactions
$20,000 / 60 transactions
*Private Bank and Merrill Lynch Wealth Management clients may be subject to higher dollar limits and total transfers.
Please contact your advisor for more information on your limits.
Qualifications & exceptions
Limits apply to payments sent
Private Bank and Merrill Lynch Wealth Management clients may have higher limits
data: payment
Not stated here
The higher limits for Private Bank and Merrill clients are not stated
Whether "Every Month" means a calendar month or a rolling period is not stated
Legal Rights & Agreement Rules · Context
Liability for unauthorized RTP transfers is governed by Section 8
For your liability for unauthorized RTP transactions, the RTP section refers you to Section 8 of the Agreement and does not state separate rules of its own.
Supporting quotations
For information regarding your liability for unauthorized transactions, see Section 8 of this Agreement.
Qualifications & exceptions
Rules are set out in Section 8, outside this section
Remittance Transfers and other account-number transfers this Agreement governs
Transfers that consumers send outside the United States primarily for personal, family or household purposes are "Remittance Transfers" and are governed by federal law, with the agreement pointing to Section 6.F. The Agreement also governs certain other transfers, made with an account number and financial institution identifier, between your linked Bank of America accounts and your accounts at other institutions, or to someone else's account.
Supporting quotations
Transfers sent outside of the United States that are initiated by consumers primarily for personal, family or household purposes ("Remittance Transfers"), are governed by federal law (see section 6.F below).
This Agreement governs not only Remittance Transfers, but also certain other transfers between your linked accounts at Bank of America and your accounts at other financial institutions, or to someone else’s account, using an account number and financial institution identifier.
Qualifications & exceptions
Remittance Transfers are consumer transfers sent abroad for personal, family or household purposes
Only "certain" other transfers are covered
data: payment · purpose: legal_compliance
Account & Service Control · Procedure
Phone and mail contacts for non-remittance ACH and wire transfers
For transfers other than Remittance Transfers, including general questions, cancellation requests and reports of unauthorized transactions, call 800.432.1000, or 866.758.5972 for small business accounts. Phone hours are Monday through Friday, 7:00 a.m. to 10:00 p.m., and Saturday and Sunday, 8:00 a.m. to 5:00 p.m., local time. From outside the continental U.S., you can call collect at 925.681.7600. You may also write to Bank of America FL1-300-02-07, P.O. Box 25118, Tampa, FL 33622-5118; Remittance Transfer contacts are in Section 6.F.
Supporting quotations
For transfers other than Remittance Transfers, including general questions, requests for cancellation of payments and transfers, or to report unauthorized transactions, please call us at 800.432.1000 or 866.758.5972 for small business accounts
available Monday through Friday from 7:00 a.m. to 10:00 p.m., and Saturday and Sunday from 8:00 a.m. to 5:00 p.m., local time
From outside of the continental U.S., call us collect at 925.681.7600.
You may also write us at:
Bank of America FL1-300-02-07 P.O. Box 25118 Tampa, FL 33622-5118
For Remittance Transfers, please see the contact information in Section 6.F below.
Qualifications & exceptions
Not for Remittance Transfers (see Section 6.F)
Separate number for small business accounts
Hours are stated in local time
purpose: service_operation
Not stated here
Whose local time governs the phone hours is not stated
Security & Safeguards · Restriction or exception
You accept security procedures and are bound even by unauthorized instructions
By enrolling in and accessing the Service with your User ID, password and any other security methods Bank of America requires (such as security questions or one-time passcodes), you agree that its security procedures for transfers initiated through the Service are commercially reasonable. You agree to be bound by instructions, authorized or not, that Bank of America carries out in compliance with those procedures, unless you gave prior notice of possible unauthorized use of your password and Bank of America had a reasonable opportunity to act on it. Separately, Section 8.B says consumers will have no liability for unauthorized transactions reported within 60 days after the statement showing them is sent, and Section 8.D says liability for Three Business Day and Next Business Day ACH transfers involving a Bank of America consumer account is as described in Section 8. The Agreement does not say how these provisions fit together.
Supporting quotations
using your User ID and password, and such other security and identification methods as we may require from time to time, such as security questions or one-time passcodes
you acknowledge and agree that this system includes security procedures for transfers initiated through this Service that are commercially reasonable
You agree to be bound by instructions, whether authorized or unauthorized, which we implement in compliance with these procedures, unless you have given us prior notice of possible unauthorized use of your password and we had a reasonable opportunity to act on such notice.
You will have no liability for unauthorized transactions if you notify us within 60 days after the statement showing the transaction has been sent to you
Our liability for Three-Business Day ACH transfers and Next Business Day ACH transfers involving a transfer to or from a Bank of America consumer account is as described in Section 8.
Qualifications & exceptions
Applies to instructions implemented in compliance with the security procedures
Exception: prior notice of possible password misuse plus a reasonable opportunity to act
Section 8.B gives consumers a separate unauthorized-transaction rule (no liability if reported within 60 days, or 90 for other-bank transfers)
data: identifiers · purpose: security
Not stated here
How this paragraph interacts with the consumer unauthorized-transaction rules in Section 8.B is not stated
The paragraph sits under the ACH and wire transfer heading but refers to transfers initiated through "this Service"; whether it reaches other transfer types is not stated
Cross-references
contrast (model-proposed): No liability for unauthorized transactions reported within 60 (or 90) days — Section 6.A binds you to instructions 'whether authorized or unauthorized' that the bank carries out under its security procedures (b372). For consumers, Section 8.B says you have no liability for unauthorized transactions reported within 60 days (b584). This is a real tension for consumer ACH transfers.
qualifies (model-proposed): Which transfers this section's ACH and wire liability rules cover — Section 6.E says liability for ACH transfers to or from a consumer account is set in Section 8 (b457), not under 6.A/6.E's business-oriented rules. That limits how the 6.A binding-instruction rule applies to consumers.
Charges & Financial Obligations · Company practice
Three Business Day ACH outbound: small business, $5,000, $1.00 fee, 8 PM ET
The transfer table lists Three Business Day ACH (outbound) for Small Business only, with a $5,000 sending limit per transaction, the receiving-limit column marked N/A, a $1.00 fee, and an 8:00 p.m. Eastern cutoff. A footnote warns that you may not be eligible for Three Business Day ACH transfers.
Supporting quotations
You may send and receive the following types of ACH and Wire transfers:
Sending Limits (per transaction)3
Receiving Limits (per transaction)3
Fees4
Cutoff Times
(all eastern PM)
Three Business Day ACH (outbound)5
Small Business
$5000
N/A
$1.00
8:00
5/ You may not be eligible to make Three Business Day ACH transfers as a Consumer or Small Business.
Qualifications & exceptions
Listed for Small Business only
Per-transaction sending limit
Eligibility not guaranteed (footnote 5)
N/A is the table’s entry for the opposite transfer direction; it is not a statement that transfers are unlimited.
Charges & Financial Obligations · Company practice
Three Business Day ACH inbound: consumer, $1,000 receive limit, no fee, 8 PM ET
The table lists Three Business Day ACH (inbound) for Consumer, with the sending-limit column marked N/A, a $1,000 receiving limit per transaction, a $0.00 fee, and an 8:00 p.m. Eastern cutoff. Footnotes say you may not be eligible for this transfer type and tie it to the prerequisite for Next Business Day inbound ACH.
Supporting quotations
Sending Limits (per transaction)3
Receiving Limits (per transaction)3
Fees4
(all eastern PM)
Three Business Day ACH (inbound)5, 6
Consumer
N/A
$1,000
$0.00
8:00
5/ You may not be eligible to make Three Business Day ACH transfers as a Consumer or Small Business.
Cutoff Times
in order to initiate a Next Business-Day ACH (Inbound) transfer, you must first receive an aggregate of $500.00 in one or more Three Business Day ACH (Inbound) transfers
Qualifications & exceptions
Listed for Consumer
Per-transaction receiving limit
Eligibility not guaranteed (footnote 5)
N/A is the table’s entry for the opposite transfer direction; it is not a statement that transfers are unlimited.
Charges & Financial Obligations · Company practice
Next-day ACH outbound: consumer $1,000 with no fee; small business $5,000 for $5
The table lists Next Business Day ACH (outbound) for Consumer and Small Business: consumers have a $1,000 sending limit per transaction and pay $0.00, while small businesses have a $5,000 limit and pay $5.00. The receiving-limit column is marked N/A, and both have an 8:00 p.m. Eastern cutoff.
Supporting quotations
Sending Limits (per transaction)3
Receiving Limits (per transaction)3
Fees4
(all eastern PM)
Next Business Day ACH (outbound)
Consumer
Small Business
$1000
$5000
N/A
$0.00
$5.00
8:00
8:00
Cutoff Times
Qualifications & exceptions
Per-transaction sending limits
Different limits and fees for Consumer and Small Business
N/A is the table’s entry for the opposite transfer direction; it is not a statement that transfers are unlimited.
Charges & Financial Obligations · Company practice
Next Business Day ACH inbound: consumer, $1,000 receiving limit, no fee, 8 PM ET
The table lists Next Business Day ACH (inbound) for Consumer, with the sending-limit column marked N/A, a $1,000 receiving limit per transaction, a $0.00 fee, and an 8:00 p.m. Eastern cutoff. Footnote 6 adds a prerequisite that applies if Three Business Day ACH (Inbound) is available to you, and footnote 7 says funds availability may be delayed.
Supporting quotations
Sending Limits (per transaction)3
Receiving Limits (per transaction)3
Fees4
(all eastern PM)
Next Business Day ACH (inbound)6, 7
Consumer
N/A
$1,000
$0.00
8:00
We may delay the availability of funds transferred into your Bank of America deposit account through Next Business Day ACH (Inbound) transfer services that debit an external (non-Bank of America) account.
Cutoff Times
If Three Business Day ACH (Inbound) is an available transfer type in your online or mobile banking experience, in order to initiate a Next Business-Day ACH (Inbound) transfer, you must first receive an aggregate of $500.00 in one or more Three Business Day ACH (Inbound) transfers
Qualifications & exceptions
Listed for Consumer
Per-transaction receiving limit
Footnote 6 prerequisite applies if Three Business Day ACH (Inbound) is available to you
Footnote 7: availability of funds may be delayed
N/A is the table’s entry for the opposite transfer direction; it is not a statement that transfers are unlimited.
The table lists Same Business Day (domestic) Wire Transfer (outbound) for Consumer and Small Business, with a $30.00 fee for each and a 5:00 p.m. Eastern cutoff. The per-transaction sending limit is $1,000 for consumers and $5,000 for small businesses, with the receiving-limit column marked N/A. A footnote sets a $10.00 minimum per wire.
Supporting quotations
Sending Limits (per transaction)3
Receiving Limits (per transaction)3
Fees4
(all eastern PM)
Same Business Day (domestic) Wire Transfer (outbound)
Consumer
Small Business
$1000
$5000
N/A
$30.00
$30.00
5:00
The minimum transfer amount (per transaction) for any Same Business Day (Domestic) Wire transfer and International Wire Transfer is $10.00.
Cutoff Times
Qualifications & exceptions
$30.00 fee for both Consumer and Small Business
Per-transaction sending limits
$10.00 minimum per transaction (footnote 3)
N/A is the table’s entry for the opposite transfer direction; it is not a statement that transfers are unlimited.
Charges & Financial Obligations · Company practice
International outbound wires: $45 in USD, no fee in foreign currency but markups
The table lists International Wire Transfer (outbound) separately for Consumer, with a $1,000 sending limit per transaction, and Small Business, with a $5,000 limit. The receiving-limit column is marked N/A for both, and both have a 5:00 p.m. Eastern cutoff. The fee is $45.00 for wires sent in U.S. dollars; there is no wire fee for wires sent in foreign currency, but exchange rate markups apply. A footnote adds that other fees or amounts may also apply.
Supporting quotations
Sending Limits (per transaction)3
Receiving Limits (per transaction)3
Fees4
(all eastern PM)
International Wire Transfer (outbound)8
Consumer
$1000
N/A
$45.00 for wire transfers sent in US Dollar
No wire transfer fee for wire transfers sent in foreign currency, but exchange rate markups apply
5:00
International Wire Transfer (outbound)8
Small Business
$5000
N/A
$45.00 for wire transfers sent in US Dollar
No wire transfer fee for wire transfers sent in foreign currency, but exchange rate markups apply
5:00
For international wire transfers, other fees or amounts may also apply, including those charged by the recipient’s financial institution, foreign taxes, and other fees that are part of the wire transfer process.
Cutoff Times
Qualifications & exceptions
$45.00 fee applies to wires sent in U.S. dollars
Foreign-currency wires carry exchange rate markups instead of a wire fee
Other fees may apply (footnote 4)
N/A is the table’s entry for the opposite transfer direction; it is not a statement that transfers are unlimited.
Charges & Financial Obligations · Company practice
Domestic transfers debit the day you direct; crediting typically per your choice
For domestic transfers, your Bank of America account is debited on the business day you direct Bank of America to start processing. The receiving account is typically credited the same business day, next business day, or third business day, depending on your choice. This footnote says the third-business-day option is for small business only.
Supporting quotations
Types of Transfers1, 2
1/ For domestic transfers, funds will be debited from your Bank of America account on the business day you direct us to initiate processing of the transfer
typically will be credited to the receiving account on the same business day, next business day or third business day (small business only), depending on your choice
Qualifications & exceptions
Crediting timing is "typically", not guaranteed
Third business day option described as small business only
data: payment
Charges & Financial Obligations · Context
Direct Payments Service fees and limits are in the Business Services Addendum
For the Direct Payments Service, this footnote refers you to the separate Business Services Addendum for fees and limits.
Supporting quotations
2/ For Direct Payments Service, see the
Business Services Addendum
for details on fees and limits.
Qualifications & exceptions
Fees and limits are in a separate document
Not stated here
The Business Services Addendum's fees and limits are not supplied
Charges & Financial Obligations · Restriction or exception
$10 wire minimum; other limits may apply; higher limits may be available
Same Business Day (Domestic) and International Wire Transfers have a $10.00 minimum per transaction, and daily and monthly limits may also apply. You may be eligible for higher transaction limits if you add Secured Transfer to receive a one-time passcode on your mobile device, or if you register a USB security key. Higher limits may also apply to Bank of America Private Bank, Merrill, or small business accounts.
Supporting quotations
The minimum transfer amount (per transaction) for any Same Business Day (Domestic) Wire transfer and International Wire Transfer is $10.00.
Daily and monthly limits may also apply.
You may be eligible for higher transaction limits if you add Secured Transfer to receive a one-time passcode on your mobile device or register a
USB security key
Higher transaction limits may also apply for Bank of America Private Bank, Merrill or small business accounts.
Charges & Financial Obligations · Company practice
International wires may carry other fees; BofA profits from currency exchange
International wire transfers may also involve other fees or amounts, such as charges from the recipient's financial institution, foreign taxes, and other fees in the wire process. For wires sent in foreign currency, conversion markups are built into the Bank of America, N.A. exchange rate, and Bank of America says it makes money from the foreign currency exchange. Bank of America sets these rates in its sole discretion; Section 6.G has more about currency conversion.
Supporting quotations
For international wire transfers, other fees or amounts may also apply, including those charged by the recipient’s financial institution, foreign taxes, and other fees that are part of the wire transfer process.
For wires sent in foreign currency, markups associated with the currency conversion are included in the Bank of America, N.A. exchange rate and we make money from the foreign currency exchange.
These rates are determined by Bank of America in its sole discretion.
See Section 6.G (Currency Exchange Rates) for more information on currency conversion.
Qualifications & exceptions
Third-party fees and foreign taxes may apply
Exchange rates are set in Bank of America's sole discretion
data: payment
Not stated here
The amount of third-party fees and markups is not stated
Account & Service Control · Restriction or exception
You may not be eligible for Three Business Day ACH transfers
Whether you are a Consumer or a Small Business customer, you may not be eligible to make Three Business Day ACH transfers. Eligibility depends on a variety of factors that the agreement does not list.
Supporting quotations
5/ You may not be eligible to make Three Business Day ACH transfers as a Consumer or Small Business.
Eligibility for making such transfers is based on a variety of factors.
Qualifications & exceptions
Applies to both Consumer and Small Business customers
Account & Service Control · Restriction or exception
Next-day inbound ACH needs $500 of three-day inbound first, 60+ days earlier
If Three Business Day ACH (Inbound) is available in your online or mobile banking, you must meet two conditions before you can initiate a Next Business Day ACH (Inbound) transfer. First, you must have received at least $500.00 in total through one or more Three Business Day ACH (Inbound) transfers. Second, the first of those transfers must have been received at least 60 days before your first Next Business Day ACH transfer.
Supporting quotations
If Three Business Day ACH (Inbound) is an available transfer type in your online or mobile banking experience
in order to initiate a Next Business-Day ACH (Inbound) transfer
you must first receive an aggregate of $500.00 in one or more Three Business Day ACH (Inbound) transfers
the first Three Business Day ACH transfer must have been received at least 60 days prior to the first Next Business Day ACH transfer
Qualifications & exceptions
Applies only if Three Business Day ACH (Inbound) is available to you
$500.00 aggregate threshold
60-day waiting period from the first three-day transfer
data: payment
Not stated here
Requirements for customers without access to Three Business Day ACH (Inbound) are not stated
Charges & Financial Obligations · Permission or license
Bank of America may delay availability of next-day inbound ACH funds
Bank of America may delay the availability of funds moved into your Bank of America deposit account through Next Business Day ACH (Inbound) transfers that debit an outside (non-Bank of America) account. A delay may apply even if similar transfers were made available sooner in the past.
Supporting quotations
We may delay the availability of funds transferred into your Bank of America deposit account through Next Business Day ACH (Inbound) transfer services that debit an external (non-Bank of America) account.
A delay may apply even if similar transfers have been previously made available sooner.
Qualifications & exceptions
Past faster availability does not prevent a delay
data: payment
Not stated here
The length of any delay and the criteria for imposing one are not stated
Charges & Financial Obligations · Company practice
Outbound international wires are debited and processed the day you direct
For outbound international wire transfers, your Bank of America account is debited on the business day you direct processing to start, and Bank of America begins processing the transfer that day. The footnote points to Section 6.F for special rules for Remittance Transfers.
Supporting quotations
8/ For international wire transfers (outbound)
funds will be debited from your Bank of America account on the business day you direct us to initiate processing of the transfer. Bank of America will begin processing the transfer on that business day.
See Section 6.F for special rules applicable to Remittance Transfers.
Qualifications & exceptions
Remittance Transfers are subject to the special rules in Section 6.F
data: payment
Not stated here
When the recipient is credited is not stated here
Account & Service Control · Context
ACH and wire send limits apply per User ID across visible accounts
ACH and wire send limits are set at the customer profile (User ID) level. They apply to all accounts that appear in the "From" dropdown when you start an ACH or wire payment. Small business customers who are not getting small business limits are told to make sure they are logged in with their Small Business User ID.
Supporting quotations
ACH/Wires send limits are set at the customer profile (User ID) and apply to all accounts visible in the “From” dropdown when initiating an ACH/Wire payment.
If you are a Small Business customer and are not receiving the Small Business limits, make sure you are logged in with your Small Business User ID.
Qualifications & exceptions
Limits are shared across all accounts visible under one User ID
Zelle and Bill Pay move money in the U.S. without a transfer fee
The agreement notes that you can also move money within the U.S. without a transfer fee using Zelle (Section 4) or Bill Pay (Section 3). It describes ACH and wire transfers as alternatives for when domestic delivery by a specific date is critical, or when you are sending funds outside the U.S.
Supporting quotations
You may also move money within the U.S. without a transfer fee by using Zelle (described in Section 4 above) or Bill Pay (described in Section 3 above).
ACH and Wire transfers are alternatives that allow you to transfer funds when delivery of funds domestically by a specific date is critical or when you are transferring funds outside the U.S.
Qualifications & exceptions
No-transfer-fee statement is limited to moving money within the U.S.
data: payment
Cross-references
supports (model-proposed): No fee to send or receive Zelle transfers — Section 6.B's statement that Zelle moves money without a transfer fee (b441) matches the no-fee statement in Section 4.I.
supports (model-proposed): No service fees for using Bill Pay — Section 6.B's statement that Bill Pay moves money without a transfer fee (b441) matches Section 3.F's 'no service fees' for Bill Pay.
Charges & Financial Obligations · Restriction or exception
Small business outbound transfers require payee or vendor authorization
Small business customers may send funds from their business checking account to an individual's or vendor's account at another financial institution, but may not transfer funds from an external account into their small business account. Before scheduling a transfer to an individual, the customer agrees it will already have a signed, unrevoked authorization from the payee and will give Bank of America a copy on request. Before any vendor payment, the customer agrees it will have the vendor's authorization to pay by electronic means.
Supporting quotations
Small business customers may transfer funds from their business checking account to an individual's or vendor's account at another financial institution
but may not transfer funds from an external account to their small business account
Before scheduling a transfer to an individual, you agree that you will have received a signed authorization from the payee, and that the authorization will not have been revoked.
You agree to provide a copy of the authorization to us upon our request.
Before scheduling any vendor payment, you agree that you will have received authorization from the vendor to make the payment by electronic means.
Qualifications & exceptions
Applies to small business customers
Outbound only: no transfers from an external account into the small business account
Signed payee authorization must exist and not be revoked before scheduling
Copy of authorization must be provided on Bank of America's request
Not stated here
The agreement does not specify the form of the payee or vendor authorization beyond 'signed' for individuals and 'by electronic means' for vendors
Account & Service Control · Procedure
Registering external accounts and verifying your ownership of them
To register a non-Bank of America account for this Service, you must provide certain identifying information about that account. For inbound transfers, you agree to only attempt to register non-Bank of America personal accounts that you own or for which you have authority to transfer funds. If Bank of America cannot verify your ownership of the external account, for whatever reason, it will deny the request.
Supporting quotations
You will need to provide certain identifying information about each non-Bank of America account in order to register that account for this Service.
For inbound transfers, you agree that you will only attempt to register non-Bank of America personal accounts that you own or for which you have the authority to transfer funds.
if we are unable to verify your ownership of a non-Bank of America account for whatever reason, we will deny your request.
Qualifications & exceptions
Ownership-or-authority restriction is stated for inbound transfers
Denial applies if ownership cannot be verified for any reason
Which identifying information is required is not listed
How ownership verification is performed is not described
Charges & Financial Obligations · Restriction or exception
No inbound same-day wires; international transfers are outbound wires only
Same-Business-Day Wire transfers cannot be used for inbound transfers. Transfers to accounts outside the United States are available only as outbound Wire transfers, and ACH transfers cannot be used for international transfers.
Supporting quotations
Same-Business-Day Wire transfers are not available for inbound transfers.
Transfers to accounts located outside the United States are available for outbound Wire transfers only.
ACH transfers are not available for international transfers.
Qualifications & exceptions
Same-Business-Day Wire: outbound only
International: outbound Wire only, no ACH
Charges & Financial Obligations · Restriction or exception
No timing guarantee when other banks delay; foreign credits may take weeks
Bank of America says it cannot guarantee timely delivery or return of funds when another financial institution fails to act in a timely manner. Beneficiary banks in some countries may take several days or even weeks to credit the receiving account, and currency conversion charges may also apply to international outbound transfers.
Supporting quotations
Bank of America cannot guarantee the timely delivery or return of funds as a result of the failure of another financial institution to act in a timely manner.
beneficiary banks located in some countries may take several days or even weeks to credit the receiving account.
Currency conversion charges also may apply to international outbound transfers.
Qualifications & exceptions
Delay tied to failure of another financial institution
Conversion charges 'may' apply to international outbound transfers
Not stated here
Amount of any currency conversion charges is not stated here
Charges & Financial Obligations · Procedure
Email confirmations; report discrepancies within 30 days for interest
Bank of America will email a confirmation of each transfer to the email address in its records, showing the date, amount and the bank or institution to or from which the transfer was made. You agree to review it promptly and notify the bank immediately of any discrepancy. Bank of America will not be liable for interest compensation unless it is notified within 30 days of when you received the confirmation or the bank statement showing the transfer, whichever is earlier.
Supporting quotations
For each transfer, we will e-mail a confirmation to you at the e-mail address indicated in our records.
The confirmation will note the date and the amount of the transfer and the bank or institution to or from which the transfer was made.
You agree to examine the confirmation promptly upon receipt and to notify us immediately of any discrepancy between the confirmation and your records.
Bank of America will not be liable for interest compensation, as otherwise set forth in this Agreement, unless Bank of America is notified of the discrepancy within 30 days from the date of your receipt of the confirmation or your bank statement including the transfer, whichever is earlier.
Qualifications & exceptions
30-day clock runs from the earlier of receiving the confirmation or the statement
Limits interest compensation, as otherwise set forth in the Agreement
purpose: service_operation
Not stated here
Whether a late report affects remedies other than interest compensation is not stated here
Cross-references
contrast (model-proposed): Error reports due 60 days after first statement (90 for other-bank transfers) — For ACH and wire transfers, you lose interest compensation unless you report a discrepancy within 30 days (b446). The general consumer error-reporting deadline in Section 8.A is 60 days after the first statement (b571). The shorter window affects interest only.
Charges & Financial Obligations · Restriction or exception
Name and account number mismatch: payment may follow the account number
If a payment order describes the beneficiary inconsistently by name and account number, the beneficiary's bank may pay based on the account number even if that number belongs to someone other than the named beneficiary. You agree that your obligation to pay Bank of America for the transfer is not excused by such a payment.
Supporting quotations
if a payment order relating to a transfer describes a beneficiary inconsistently by name and account number, payment might be made by the beneficiary's bank on the basis of the account number, even if it identifies a person different from the named beneficiary
your obligation to pay the transfer issued by you to us shall not be excused by such payment.
Qualifications & exceptions
Applies where name and account number are inconsistent
You still owe the transfer amount even if the wrong person is paid
Charges & Financial Obligations · Company practice
Insufficient funds: transfer may be skipped or may cause an overdraft
You agree to have enough available funds in the designated deposit account to cover all transfers and any transfer fees on the scheduled date. If funds are insufficient, Bank of America may choose not to initiate one or more transfers; if it does initiate them, possibly with attempts on later business days, the result may be an overdraft, and you are liable for the overdraft and any Overdraft Item fees under your Deposit Agreement.
Supporting quotations
You agree that you will have sufficient available funds in the designated deposit account to cover all transfers, including any applicable transfer fees, on the date scheduled.
If an account does not have sufficient available funds on the scheduled date, we may elect not to initiate one or more of the transfers.
If we do elect to initiate the transfer, which may involve one or more attempts on subsequent business days, it may cause an overdraft in your account in which case you shall be liable for the overdraft and any Overdraft Item fees, as set forth in your Deposit Agreement.
Qualifications & exceptions
Bank of America 'may elect' whether to initiate
Retries may occur on subsequent business days
Overdraft Item fees set by the Deposit Agreement
Not stated here
Overdraft Item fee amounts and rules are in the Deposit Agreement, not supplied
How many retry attempts may occur is not stated
Charges & Financial Obligations · Company practice
Bank chooses transfer routes; small business currency conversion includes markup
Bank of America may use any means or routes it considers suitable, in its sole discretion, to execute a transfer. For small business customers sending U.S. dollars to a non-U.S. dollar account, the payment may be converted to local currency by any bank, payment system or provider in the chain, including Bank of America or an affiliate. Bank of America and/or an affiliate include a markup or fee on that conversion and may profit from it.
Supporting quotations
You agree that Bank of America may use any means or routes which we in our sole discretion consider suitable to execute your transfer.
For small business customers, if you transfer funds in U.S. dollars to a non-U.S. dollar account, your payment may be converted into the local currency by any originating, intermediary or receiving bank, payment system or payment service provider, including Bank of America or an affiliate, as applicable.
We and/or an affiliate include a markup or fee on such currency conversion and may profit in connection with any such currency conversion.
Qualifications & exceptions
Routing is in Bank of America's sole discretion
Conversion statement is addressed to small business customers
Conversion may be done by originating, intermediary or receiving parties
Not stated here
Size of the conversion markup or fee is not stated
Fedwire, CHIPS, SWIFT and NACHA rules govern transfers; EFTA prevails
Same-Business-Day domestic wires and international outbound wires may run through Fedwire, CHIPS or SWIFT, and payment orders are governed by Federal Reserve Regulation J and Federal Reserve operating rules, the CHIPS Operating Rules, or the SWIFT operating rules, respectively. For Remittance Transfers, the Electronic Funds Transfer Act (EFTA) prevails to the extent of any inconsistency with those network rules, and, notwithstanding anything to the contrary in the Agreement, remittance rights and obligations are set by the EFTA and, as applicable, New York law. ACH transfers may go through an ACH processor Bank of America selects or directly to another bank, and are subject to National Automated Clearing House Association rules or the bank's agreement with that other bank.
Supporting quotations
Same-Business-Day domestic wire transfers and international outbound wire transfers may be executed through Fedwire
through CHIPS (Clearing House Interbank Payments System)
through SWIFT (Society for Worldwide Interbank Financial Telecommunication)
Federal Reserve Regulation J and all applicable Federal Reserve operating rules shall govern the payment orders.
the CHIPS Operating Rules shall govern the payment orders.
the SWIFT operating rules shall govern the payment orders.
with respect to Remittance Transfers, to the extent of any inconsistencies between the above referenced rules and the provisions of the Electronic Funds Transfer Act
the provisions of EFTA shall prevail.
Notwithstanding anything to the contrary contained herein, the rights and obligations that apply to Remittance Transfers are set forth in the EFTA and, as applicable, as set forth in New York law.
ACH transfers may be made through the Automated Clearing House processor selected by us or directly to another bank
will be subject to the National Automated Clearing House Association rules or our agreement with the other bank, in effect at such time, as applicable.
Qualifications & exceptions
EFTA prevails only for Remittance Transfers and only to the extent of inconsistency
Remittance rule applies notwithstanding anything to the contrary in the Agreement
New York law applies 'as applicable' to Remittance Transfers
Not stated here
Contents of Regulation J, Federal Reserve operating rules, CHIPS Operating Rules, SWIFT operating rules and NACHA rules are not supplied
Bank of America's agreements with other banks are not supplied
Charges & Financial Obligations · Company practice
Scheduled and recurring transfers; weekend dates process the prior business day
Future scheduled and recurring transfer features may be available to you depending on the platform functionality provided for your customer profile (User ID); you will find out whether they are when you use the Services. Where supported, ACH and wire transfers scheduled for a weekend or non-business day are processed on the prior business day, not the next one.
Supporting quotations
Future scheduled and recurring transfer features may be available to you depending on the platform functionality provided for your customer profile (User ID).
Where supported, ACH and wire transfers scheduled for a weekend or a non-business day will be processed on the prior business day.
You will know whether these features are available to you when you access and use the Services.
Qualifications & exceptions
Availability depends on your customer profile/platform
Weekend/non-business-day transfers move earlier, to the prior business day
Not stated here
Which profiles have these features is not specified
Charges & Financial Obligations · Restriction or exception
Immediate or in-process transfers cannot be cancelled by right
Except for Remittance Transfers, once you direct an immediate transfer or its status is In Process or Processed, you no longer have a right to cancel it. Bank of America may, at its option, accept cancellations or amendments, but if it attempts one, the reversal or amendment must be agreed to by every financial institution that has accepted a related payment order, and Bank of America has no liability if the cancellation or amendment is not completed.
Supporting quotations
Except for Remittance Transfers, if you direct us to begin processing a transfer immediately or a transfer's status is In Process or Processed, you no longer have the right to cancel it.
Bank of America may at its option accept your cancellations or amendments to a transfer.
the reversal request or amendment must be agreed to by each financial institution which has accepted a payment order related to the transfer at issue before it will be acted upon
Bank of America shall have no liability if a cancellation or amendment is not completed.
Qualifications & exceptions
Does not apply to Remittance Transfers
Acceptance of cancellations is at Bank of America's option
All accepting financial institutions must agree
Charges & Financial Obligations · User right or choice
Cancel future-dated transfers online before midnight ET or request by phone
Except for Remittance Transfers, and where scheduled/recurring features are available to you, you can cancel future scheduled and recurring domestic transfers by logging into Online Banking at www.bankofamerica.com before midnight ET on the date processing is scheduled to start; this is the preferred method. You may also request cancellation of a future scheduled or recurring transfer by calling 800.432.1000 (consumer) or 866.758.5972 (small business), or collect at 925.681.7600 from outside the continental U.S.; the phone option is phrased as a request and no separate deadline is stated for it. A cancelled future-dated transfer shows the status Canceled; Remittance Transfer cancellation follows Section 6.F.
Supporting quotations
Except for Remittance Transfers, and to the extent future scheduled and recurring transfer features are available to you
you can cancel future scheduled and recurring domestic transfers prior to midnight ET on the date processing for the transfer is scheduled to be initiated by logging into your account in Online Banking at www.bankofamerica.com.
This is the preferred method for cancelling transfers.
You may also request to cancel a future scheduled or recurring transfer by calling us at 800.432.1000 for consumer accounts and 866.758.5972 for small business accounts.
If you are calling from outside of the continental U.S., call us collect at 925.681.7600.
After you cancel a future-dated transfer, the status changes to Canceled.
Please see Section 6.F for the cancellation procedures applicable to Remittance Transfers.
Qualifications & exceptions
Online cancellation: domestic transfers, before midnight ET on the scheduled processing date
Phone cancellation is a request; the source states no separate phone deadline
Remittance Transfers excluded; see Section 6.F
Online cancellation is the preferred method
Not stated here
Whether a phone request will be honored, and by when it must be made, is not stated
Cross-references
contrast (model-proposed): Deadlines and methods for canceling scheduled internal transfers — Cancellation deadlines differ by service. Scheduled ACH and wire transfers can be canceled before midnight ET on the date processing is scheduled to start (b452). Internal transfers must be canceled before midnight ET on the business day before (b156).
Charges & Financial Obligations · Procedure
Recalling a sent international transfer may return less than you sent
After an international outbound transfer is sent (or, for Remittance Transfers, after the 30-minute cancellation period), you may ask for a recall and Bank of America will pass the request to the beneficiary's bank. If that bank agrees to return the funds, once receipt is confirmed Bank of America credits your account at its current retail buy rate for that currency that day (pointing to Section 6.G), which may differ from the original rate and cause a loss, and the beneficiary's bank's charges are deducted. Bank of America has no liability if the beneficiary's bank or foreign beneficiary refuses the recall.
Supporting quotations
Once an international outbound transfer has been sent, or, in the case of Remittance Transfers, after the 30 minute cancellation period has passed, you may request that a transfer be recalled, and we will communicate your request to the beneficiary's bank.
If the beneficiary's bank agrees to return the funds to us, then upon confirmation of receipt of funds in our account, we will credit your account at the current Bank of America retail buy rate for that currency that day (see Section 6.G below).
the exchange rate may be different from the original rate applicable to the transfer, which may result in a loss to you.
the beneficiary's bank may assess charges for their services, which will be deducted from the amount returned to you.
We will have no liability to you if the beneficiary's bank or foreign beneficiary refuses your request to recall the international wire transfer.
Qualifications & exceptions
Return depends on the beneficiary's bank agreeing
Credit occurs only after confirmed receipt of returned funds
Remittance Transfers: only after the 30-minute cancellation period
Not stated here
Section 6.G, which this provision references, does not use or define 'retail buy rate'
Amount of beneficiary bank charges is not stated
Charges & Financial Obligations · Company practice
Returned wires are credited at the current retail buy rate, less bank charges
If a receiving or beneficiary's bank returns a wire transfer through no fault of Bank of America, the bank credits your account at its current retail buy rate for the currency that day (pointing to Section 6.G). This provision says the rate will be different from the original rate and may result in a loss (the recall provision just before it says 'may be different'), and any charges by the returning or beneficiary's bank are deducted from the amount returned.
Supporting quotations
If a wire transfer is returned by the receiving bank or beneficiary's bank for no fault of ours, we will credit your account at the current Bank of America retail buy rate for the currency that day (see Section 6.G below).
the exchange rate will be different from the original rate applicable to the transfer, which may result in a loss to you.
a returning bank and/or beneficiary's bank may assess charges for their services, which will be deducted from the amount returned to you.
the exchange rate may be different from the original rate applicable to the transfer, which may result in a loss to you.
Qualifications & exceptions
Applies when the return is through no fault of Bank of America
Returning/beneficiary bank charges are deducted
Not stated here
Section 6.G, which this provision references, does not use or define 'retail buy rate'
Legal Rights & Agreement Rules · Context
Which transfers this section's ACH and wire liability rules cover
The liability rules that follow in this Liability section apply to Same-Business Day Domestic Wire transfers and to all ACH and Wire transfers from a business account. Liability for ACH transfers to or from a Bank of America consumer account is instead described in Section 8, and liability for Remittance Transfers in Section 6.F.
Supporting quotations
The following applies to Same-Business Day Domestic Wire transfers and all ACH and Wire transfers from a business account.
The liability for ACH transfers to or from a Bank of America consumer account is described in Section 8 below.
The liability for Remittance Transfers is described in Section 6.F below.
Qualifications & exceptions
Consumer ACH transfers: see Section 8
Remittance Transfers: see Section 6.F
Not stated here
Which liability rules govern consumer wire transfers that are neither Same-Business Day Domestic Wires nor Remittance Transfers is not expressly stated here
Legal Rights & Agreement Rules · Restriction or exception
Errors: liability limited to correction, or refund plus up to 60 days' interest
For the transfers this Liability section covers, if Bank of America fails or delays a transfer, or sends less than instructed, its liability is limited to correcting the error. If it sends more than instructed, or permits an unauthorized transfer after having reasonable time to act on your notice of possible unauthorized use, liability is limited to refunding the amount plus interest from the transfer date to the refund date, capped at 60 days' interest. Both limits apply unless law or another provision of the Agreement requires otherwise.
Supporting quotations
If we fail or delay in making a transfer pursuant to your instructions, or if we make a transfer in an erroneous amount that is less than the amount per your instructions, unless otherwise required by law or as otherwise provided in this Agreement, our liability shall be limited to correcting the error.
If we make a payment or transfer in an erroneous amount that exceeds the amount per your instructions, or if we permit an unauthorized payment or transfer after we have had a reasonable time to act on a notice from you of possible unauthorized use
our liability will be limited to a refund of the amount erroneously paid or transferred, plus interest thereon from the date of the transfer to the date of the refund, but in no event to exceed 60 days' interest.
Qualifications & exceptions
Unless otherwise required by law or provided in the Agreement
Unauthorized-transfer refund applies only after reasonable time to act on your notice
Charges & Financial Obligations · Company practice
Interest owed is based on the average federal funds rate, 360-day year
When Bank of America becomes liable to you for interest compensation under the Agreement or applicable law, it calculates it using the average federal funds rate at the Federal Reserve Bank in the district where Bank of America is headquartered, for each day interest is due, on a 360-day-year basis.
Supporting quotations
If we become liable to you for interest compensation under this Agreement or applicable law
such interest shall be calculated based on the average federal funds rate at the Federal Reserve Bank in the district where Bank of America is headquartered for each day interest is due, computed on the basis of a 360-day year.
Qualifications & exceptions
Applies to interest compensation owed under the Agreement or applicable law
Not stated here
The actual rate value is not stated
Legal Rights & Agreement Rules · Restriction or exception
No special, indirect or consequential damages or attorney's fees for transfers
Unless law requires otherwise, Bank of America will not be liable for special, indirect or consequential damages, including loss from later wrongful dishonor caused by its acts or omissions or lost profits, even if warned of the possibility in advance. It also is not liable for your attorney's fees except as required by law.
Supporting quotations
Unless otherwise required by law, in no event will Bank of America be liable to you for special, indirect or consequential damages including, without limitation, loss or damage from subsequent wrongful dishonor resulting from our acts or omissions or lost profits, even if we are advised in advance of the possibility of such damages.
We shall not be liable for your attorney's fees, except as required by law.
Qualifications & exceptions
Unless otherwise required by law
Applies even if Bank of America was advised of possible damages
Stated within the Liability section scoped to Same-Business Day Domestic Wires and business-account ACH/Wire transfers
Legal Rights & Agreement Rules · Restriction or exception
Bank liable only for negligence; not for third parties in the transfer chain
You agree that Bank of America is liable only for its negligent performance or non-performance of the ACH and Wire Transfer services, with its responsibility limited to exercising reasonable and ordinary care. Unless law requires otherwise, it is not liable for any error, delay, act or omission of any third party, including third parties it uses to execute payment orders, and no such third party is considered its agent.
Supporting quotations
You expressly agree that Bank of America shall be liable to you only for our negligent performance or non-performance of the ACH and Wire Transfer services, and that our responsibility shall be limited to the exercise of reasonable and ordinary care.
Unless otherwise required by law, Bank of America shall not be liable for any error or delay on the part of any third party or for any other act or omission of any third party, including without limitation third parties used by Bank of America in executing any payment order relating to a transfer or performing a related act
no such third party shall be deemed to be our agent.
Qualifications & exceptions
Standard is reasonable and ordinary care
Third-party exclusion applies unless otherwise required by law
Stated within the Liability section scoped to Same-Business Day Domestic Wires and business-account ACH/Wire transfers
Charges & Financial Obligations · Restriction or exception
No liability for exchange rates; remittance rates appear in disclosures
Bank of America says it does not accept any liability for its exchange rates and disclaims all related liability, including direct, indirect or consequential loss. This includes any claim that its rates differ from those offered or reported by third parties, or by Bank of America at another time, place, amount or payment medium. The same disclaimer appears both in the Liability section (6.E) and in Currency Exchange Rates (6.G). For Remittance Transfers, the exchange rate applied will be stated in the disclosures provided for that transfer under federal law.
Supporting quotations
We do not accept any liability for our exchange rates.
Any and all liability relating to this information and the rates provided herein is disclaimed, including without limitation, direct, indirect, or consequential loss
any liability if our exchange rates are different from rates offered or reported by third parties, or offered by us at a different time, at a different location, for a different transaction amount, or involving a different payment media
For Remittance Transfers, the exchange rate to be applied to the transfer will be set forth in disclosures provided to you for the transfer in accordance with federal law.
We do not accept any liability for our exchange rates.
Qualifications & exceptions
Remittance Transfer rates are set out in transfer-specific federal disclosures
Repeated in Sections 6.E and 6.G
Not stated here
The remittance disclosures themselves are not part of this source
Cross-references
qualifies (model-proposed): Fedwire, CHIPS, SWIFT and NACHA rules govern transfers; EFTA prevails — The blanket exchange-rate liability disclaimer (b484) is limited for Remittance Transfers. For those, 'notwithstanding anything to the contrary contained herein', the EFTA (and New York law as applicable) sets the rights and obligations (b448).
Charges & Financial Obligations · Context
Remittance Transfers have separate federal rights explained per transfer
Section 6.F covers Remittance Transfers, meaning electronic transfers a consumer starts mainly for personal, family or household purposes to a designated recipient in a foreign country. The agreement says federal law gives these transfers rights and obligations that may differ from other funds transfers, including disclosure, cancellation and error resolution rights. Your rights for Remittance Transfers will be explained in a disclosure provided each time you initiate one.
Supporting quotations
The following applies to Remittance Transfers.
a Remittance Transfer is an electronic transfer of funds initiated by a consumer primarily for personal, family or household purposes to a designated recipient in a foreign country
Federal law provides certain rights and obligations related to Remittance Transfers that may differ from rights and obligations that apply to other types of funds transfers, including disclosure, cancellation and error resolution rights.
Your rights with respect to Remittance Transfers will be explained to you in a disclosure provided to you at the time you initiate each Remittance Transfer.
Qualifications & exceptions
Applies only to consumer transfers primarily for personal, family or household purposes to a recipient in a foreign country
Rights are spelled out in a per-transfer disclosure
purpose: legal_compliance
Not stated here
The content of the disclosure provided at the time of each Remittance Transfer is not part of this source
Charges & Financial Obligations · Company commitment
Disclosures given before a Remittance Transfer is sent
Before sending a Remittance Transfer, Bank of America will disclose, if applicable, the amount to be transferred, any fees or taxes it imposes, the total transaction amount, and the exchange rate it will use if you say the receiving account is in a foreign currency and identify that currency. If you transfer in foreign currency, the disclosures also show, in that currency, the transfer amount, third-party fees, and the total the recipient will receive. The recipient may still receive less than the disclosed total because of foreign taxes and fees charged by the recipient's financial institution, which are not required to be disclosed.
Supporting quotations
Prior to sending a Remittance Transfer, we will provide you with certain important disclosures including, if applicable: (i) the amount that will be transferred to the recipient, (ii) a description of any fees or taxes we impose, (iii) the total amount of the transaction
(iv) the exchange rate we will use in the event you tell us that the receiving account is denominated in a foreign currency and you identify such currency
if you chose to transfer money in foreign currency, the disclosures will also include the following items in such foreign currency: (x) the transfer amount, (y) the fees imposed by third parties in connection with the transfer, and (z) the total amount to be received by the recipient
Please note the recipient may receive less than the total amount disclosed due to foreign taxes and fees charged by the recipient’s financial institution for receiving a Remittance Transfer into an account, which are not required to be disclosed.
Qualifications & exceptions
Items are disclosed 'if applicable'
Exchange rate is disclosed only if you tell Bank of America the receiving account is in a foreign currency and identify it
Foreign taxes and recipient-institution fees may reduce the amount received and are not required to be disclosed
Actual fee amounts and exchange rates for any given transfer are not stated in this source
Charges & Financial Obligations · Company commitment
Receipt shown after you accept Remittance Transfer terms
Once you confirm acceptance of the Remittance Transfer terms, you will be shown a receipt. It includes the items from the pre-transfer disclosure plus the date funds will be available to the recipient, the recipient-identifying information you provided, and a statement of your error and cancellation rights.
Supporting quotations
Once you confirm your acceptance of the Remittance Transfer terms, you will be shown a receipt which includes the items listed above and, in addition, (i) the date the funds will be available to the recipient, (ii) information you provide that identifies the recipient, and (iii) a statement of your rights in the event of an error or if you wish to cancel the transfer
Qualifications & exceptions
Receipt is shown after you confirm acceptance of the terms
The exact wording of the rights statement on the receipt is not part of this source
Charges & Financial Obligations · Restriction or exception
Wrong account or institution number may cost you the transfer amount
For Remittance Transfers, the agreement notifies you that if you give an incorrect account number or institutional identifying number and Bank of America cannot recover the funds, you may lose the amount of the payment order.
Supporting quotations
You are hereby notified that in the event that you provide an incorrect account number or institutional identifying number, and we are not able to recover the funds, you may lose the amount of the payment order.
Qualifications & exceptions
Applies when you supplied the incorrect number
Loss occurs if Bank of America is not able to recover the funds
Not stated here
What recovery efforts Bank of America makes is not described
Charges & Financial Obligations · Procedure
Reporting a Remittance Transfer error within 180 days
To report an error or problem with a Remittance Transfer, call 877.337.8357 (or collect at 302.781.6374 from outside the U.S.) or write to Bank of America, N.A., PO Box 25118, Tampa, FL 33622-5118; wire transfer FAQs with error resolution procedures are also linked online. You must contact Bank of America within 180 days of the date it said funds would be available to the recipient. You should give your name and address or phone number, the error and why you believe it is one, the recipient's name (and phone or address if known), the dollar amount, and the transaction's confirmation code or number.
Supporting quotations
If you think there has been an error or problem with your Remittance Transfer:
Call us at 877.337.8357; or, from outside the U.S. call us collect at 302.781.6374.
You can also write to us at:
Bank of America, N.A. PO Box 25118 Tampa, FL 33622-5118
Frequently asked questions about wire transfers including error resolution procedures, can be viewed by accessing
You must contact us within 180 days of the date we indicated to you that funds would be made available to the recipient.
Your name and address or telephone number;
The error or problem with the transfer, and why you believe it is an error or problem;
The name of the person receiving the funds, and if you know it, his or her telephone number or address;
The dollar amount of the transfer; and
The confirmation code or number of the transaction.
Qualifications & exceptions
Deadline: within 180 days of the date Bank of America indicated funds would be available to the recipient
Content of the linked wire transfer FAQ page is not part of this source
Charges & Financial Obligations · Company commitment
Remittance error investigated within 90 days, results in 3 business days
Bank of America will determine whether a Remittance Transfer error occurred within 90 days after you contact it and will correct any error promptly. It will tell you the results within three business days after finishing the investigation. If it decides there was no error, it will send a written explanation, and you may ask for copies of any documents used in the investigation.
Supporting quotations
We will determine whether an error occurred within 90 days after you contact us and we will correct any error promptly.
We will tell you the results within three business days after completing our investigation.
If we decide that there was no error, we will send you a written explanation. You may ask for copies of any documents we used in our investigation.
Qualifications & exceptions
90 days to determine whether an error occurred
Results within three business days after the investigation ends
Written explanation is sent if Bank of America decides there was no error
purpose: legal_compliance
Charges & Financial Obligations · User right or choice
Cancel a Remittance Transfer within 30 minutes for a full refund
You may cancel a Remittance Transfer for a full refund within 30 minutes of payment, unless the funds have already been picked up or deposited. The agreement says the best way is to log into the Mobile App or Online Banking; you can also visit a financial center or call 1.877.337.8357 (collect at 1.302.781.6374 from outside the U.S.), and you must provide information identifying the transfer, including the amount and where funds were sent. Bank of America will refund your money within three business days of your cancellation request as long as the funds have not been picked up or deposited.
Supporting quotations
You have the right to cancel a Remittance Transfer for a full refund within 30 minutes of payment, unless the funds have been picked up or deposited.
The best way to cancel: log into your account in the Bank of America Mobile Application or into Online Banking at www.bankofamerica.com. You can also visit your local financial center or call us at 1.877.337.8357. From outside of the U.S., call us collect at 1.302.781.6374.
you must provide us with information to help us identify the transfer you wish to cancel, including the amount and location where the funds were sent
We will refund your money within three business days of your request to cancel a transfer as long as the funds have not already been picked up or deposited into a recipient's account.
Qualifications & exceptions
Window: within 30 minutes of payment
Not available once funds are picked up or deposited
Refund within three business days of the request
purpose: legal_compliance
Charges & Financial Obligations · Permission or license
Bank of America sets exchange rates at its discretion without notice
Bank of America may determine and assign a currency exchange rate to your transaction without notice. It sets the rate in its sole discretion based on factors it considers relevant, including market conditions, other parties' rates, its desired rate of return, and market and credit risk, and the rate may change at any time without notice. You acknowledge that rates fluctuate, sometimes significantly, and accept all resulting risks; Bank of America also reserves the right to refuse any foreign exchange request.
Supporting quotations
We may determine a currency exchange rate and assign it to your transaction without notice to you.
Exchange rates fluctuate, at times significantly, and you acknowledge and accept all risks that may result from such fluctuations.
that exchange rate will be determined by us in our sole discretion based upon such factors as we determine relevant, including without limitation, market conditions, exchange rates charged by other parties, our desired rate of return, market risk, credit risk and other market, economic and business factors, and is subject to change at any time without notice
We reserve the right to refuse to process any request for a foreign exchange transaction.
For Remittance Transfers, the exchange rate to be applied to the transfer will be set forth in disclosures provided to you for the transfer in accordance with federal law.
Qualifications & exceptions
Rate may change at any time without notice
You bear the risk of rate fluctuations
Bank of America may refuse to process any foreign exchange request
For Remittance Transfers, the applicable exchange rate is stated in the disclosures provided for the transfer under federal law.
Not stated here
Actual rates or how they are calculated for a given transaction are not stated
Charges & Financial Obligations · Company practice
Exchange rates are all-in and may include markups that vary by customer
Bank of America uses all-in pricing for exchange rates, which may include profit, fees, costs, charges or other markups it sets in its sole discretion, and the markup may differ between customers and for the same customer depending on how or where the transaction is executed. You acknowledge that retail, commercial, after-hours and weekend rates differ from large inter-bank rates, and that other dealers' or sources' rates may differ. The agreement states the rate you are offered may be different from, and likely inferior to, the rate Bank of America paid to acquire the currency.
Supporting quotations
We provide all-in pricing for exchange rates. The price provided may include profit, fees, costs, charges or other markups as determined by us in our sole discretion.
The level of the fee or markup may differ for each customer and may differ for the same customer depending on the method or venue used for transaction execution.
You acknowledge that exchange rates for retail and commercial transactions, and for transactions effected after regular business hours and on weekends, are different from the exchange rates for large inter-bank transactions effected during the business day
Exchange rates offered by other dealers or shown at other sources by us or other dealers (including online sources) may be different from our exchange rates.
The exchange rate you are offered may be different from, and likely inferior to, the rate paid by us to acquire the underlying currency.
Qualifications & exceptions
Markup level may differ by customer and by execution method or venue
Offered rate likely inferior to Bank of America's acquisition rate
Not stated here
The size of any markup is not disclosed in this source
Security and Automatic alerts are on by default and cannot be turned off
Bank of America offers four types of alerts. General & Security Alerts are sent when important online changes are made to your account (such as email, home address, phone, User ID or password changes) or for unusual card activity; they are automatically activated and sent to your primary email, and you may turn off General alerts but not Security alerts. Automatic Alerts cover notices such as money transfers, insufficient funds or paperless statement availability; they are automatically activated, sent only to your primary email, and cannot be turned off.
Supporting quotations
We provide four types of alerts:
General & Security Alerts are sent to you when important changes are made online to your account, such as changing your email or home address, telephone number, User ID or password, or unusual card activity.
General and Security alerts are automatically activated and sent to your primary email address. If you choose, you may turn off General alerts, but not Security alerts.
Automatic Alerts provide you with important account notifications, such as information about a money transfer, insufficient funds or availability of a paperless statement.
Automatic alerts are automatically activated and sent to your primary email address only. You may not turn off Automatic Alerts.
Qualifications & exceptions
Security alerts cannot be turned off
Automatic Alerts cannot be turned off and go to primary email only
purpose: security · purpose: service_operation
Not stated here
The full list of events that trigger each alert type is not given
How these Security alerts, which cannot be turned off, relate to the separate card security text alerts that can be stopped by texting STOP is not explained
Account Alerts are opt-in; personalized insights are on until you turn them off
Account Alerts are optional messages you choose, such as payment reminders or credit or debit card transaction alerts; you must select and activate them and can turn them off at any time. Personalized insights and guidance to help manage your finances are sent through Mobile app push notifications, are automatically activated, and can be turned off at any time.
Supporting quotations
Account Alerts allow you to choose optional alert messages for your accounts, such as payment reminders or transaction alerts for credit or debit card charges.
You must select and activate account alerts; you can turn off account alerts at any time.
Personalized insights and guidance to help manage your finances which are sent through Mobile app push notifications. Insights are automatically activated; you can turn off insights at any time.
Bank of America may add or cancel alerts without required notice
Bank of America may add new alerts or cancel old ones from time to time. It usually notifies you when it cancels alerts but says it is not obligated to do so.
Supporting quotations
We may add new alerts from time to time, or cancel old alerts. We usually notify you when we cancel alerts, but are not obligated to do so.
Qualifications & exceptions
Notice of cancelled alerts is usual but not required
purpose: service_operation
Security & Safeguards · Company practice
Alerts are unencrypted and may show your name and balance
Because alerts are not encrypted, Bank of America says it will never include your full account number in them. Alerts may still include your name and some account information, such as your balance or due date, and anyone with access to your messages could see that information.
Supporting quotations
Because alerts are not encrypted, we will never include your full account number. However, alerts may include your name and some information about your accounts, such as your account balance or due date. Anyone who has access to your messages could view the alert information.
related (model-proposed): Erica alerts may deliver sensitive information by push or text — Alerts are unencrypted, and anyone with access to your messages can read them (b496). Erica can also send sensitive information by push or text alert (b653).
Account & Service Control · Procedure
Where alerts are delivered and your duty to update contact details
Alerts go to the primary email address you provided for the Services. General & Security and Account Alerts can also be sent to a secondary email, a mobile device that accepts texts, or a device receiving Mobile App push notifications, which you control in the mobile app. You are responsible for telling Bank of America if your email or mobile number changes; Bank of America does not charge for alerts, but your carrier may impose text or data charges.
Supporting quotations
Alerts will be sent to the email address you have provided as your primary email address for the Services.
For General & Security and Account Alerts, you can also choose to have these sent to a secondary email address, a mobile device that accepts text messages (as described in Section 7.B), or a mobile device that can receive our Mobile App alerts through a push notification system.
You can control mobile Push notification delivery within the Bank of America mobile app. If your email address or your mobile number changes, you are responsible for informing us of that change.
While Bank of America does not charge for the delivery of the alerts, please be advised that text or data charges or rates may be imposed by your carrier.
Qualifications & exceptions
Extra delivery channels apply to General & Security and Account Alerts
You must report changes to your email or mobile number
Legal Rights & Agreement Rules · Restriction or exception
No guarantee alerts arrive or are accurate; no liability for alert problems
Bank of America says it does its best to send timely, accurate alerts, but alerts may be delayed or prevented by factors beyond its control, and it does not guarantee their delivery or accuracy. You agree it is not liable for delayed, undelivered or misdirected alerts, errors in alert content, or actions you or a third party take or do not take because of an alert.
Supporting quotations
We do our best to provide alerts in a timely manner with accurate information
alerts may be delayed or prevented by a variety of factors beyond our control (such as system failures or misdirected delivery). We don't guarantee the delivery or accuracy of alerts.
You agree that we are not liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert or for any actions taken or not taken by you or a third party as the result of an alert.
Qualifications & exceptions
Covers delays, non-delivery, misdirection and content errors
Covers actions taken or not taken by you or a third party based on an alert
Account & Service Control · Permission or license
Alerts and notices may be sent any time, including 9 p.m. to 8 a.m.
By using the Services, you acknowledge that Bank of America may send communications, alerts and notifications electronically, including by email, text or push notification, at any time of day, including outside business hours and between 9 p.m. and 8 a.m. local time. You agree the Bank is not liable for any damages related to the time of day these are sent or received.
Supporting quotations
By use of the Services, you acknowledge that
Services-related communications, alerts, or notifications may be sent by us and received by you electronically, including, but not limited to, through email, mobile text messaging, or mobile push notifications, during any part of the day, including outside of normal business hours and between the hours of 9 p.m. and 8 a.m. local time.
You agree that the Bank will not be liable for any damages or other liability related to the time of day any electronic communications, alerts, or notifications are sent or received.
Qualifications & exceptions
Includes 9 p.m. to 8 a.m. local time
data: messages · purpose: service_operation
Legal Rights & Agreement Rules · Restriction or exception
Account Alerts are a courtesy, not a right or a debt collection attempt
By using the Service, you acknowledge that requesting Account Alerts does not create a right to receive them; the agreement says they are sent periodically as a courtesy and "solely as an exercise of your discretion," and that you are in no way entitled or obligated to receive them. Account Alerts are informational only and are not meant as a demand for payment, an attempt to collect a debt, a request on an obligation, an attempt to impose personal liability for a discharged debt, or an attempt to modify a bankruptcy plan or discharge order.
Supporting quotations
such request does not create a right to receive Account Alerts from Bank of America, that Account Alerts will be sent to you periodically as a courtesy and solely as an exercise of your discretion, that you are in no way entitled or obligated to receive Account Alerts
will be sent to you for informational purposes only and are not intended and should not be construed as a demand for payment, an attempt to collect a debt, a request on an obligation, an attempt to impose personal liability on you for any discharged debt, or an attempt to modify any bankruptcy plan or discharge order.
Adding a mobile number means consenting to auto-dialed alert texts
You may add a mobile phone number to your profile. By doing so you certify that you are the mobile account holder or have the holder's permission to use the number for the Services, and you consent to receive alerts using auto-dialer technology and to receive text messages. Text message fees may apply depending on your carrier plan.
Supporting quotations
You have the option of adding a mobile phone number to your profile.
By adding a mobile phone number to your profile, you are certifying that you are the account holder for the mobile phone account or have the account holder's permission to use the mobile phone number for the Services.
You are also consenting to receive alerts using auto-dialer technology and to receiving text messages. Text message fees may apply depending on your mobile carrier plan.
Qualifications & exceptions
You certify you own the number or have the account holder's permission
Text STOP to 692632 to stop SMS alerts set up in Alerts Settings
You can text STOP to 692632 at any time to stop the SMS text alerts you activated on the Alerts Settings pages; alerts sent to your primary email are not affected. To restore text alerts, you reactivate them on the Alerts Settings pages, and you can text HELP to 692632 for help.
Supporting quotations
You can text STOP to 692632 at any time to stop SMS text alerts that you activated on the Alerts Settings pages. Alerts sent to your primary email address won’t be affected by this action.
To restore text alerts, go to the Alerts Settings pages and reactivate the alerts. For help with SMS text alerts, send the word HELP to 692632.
Qualifications & exceptions
Applies to SMS alerts activated on the Alerts Settings pages
Email alerts continue
data: messages · purpose: service_operation
Security & Safeguards · User right or choice
Security text alerts: one STOP opts out of all, UNDO opts back in
Bank of America may also send credit card, business line of credit and/or debit card security text alerts to your mobile number when applicable, from short codes that are Free to End User (FTEU), though data rates may apply. Texting STOP to any listed short code opts you out of all security text alerts, and you will get a confirmation text. To opt back in, text UNDO to any listed short code or call the number on the back of your card; text HELP for more information.
Supporting quotations
We may also send credit card, business line of credit and/or debit card security text alerts to your mobile phone number when applicable.
Text alerts will be delivered from a short code number which are Free to End User (FTEU), however, data rates may apply depending on your mobile carrier plan.
You can opt out of all security alerts at any time by sending the word STOP to any of the short codes below. Opting out of any of the alerts will automatically STOP all security alerts via text message from being sent to you.
If you text STOP, you will receive an additional confirmation text acknowledging our receipt of your request. To opt back into receiving all security text alerts, text UNDO to any of the short codes listed below or call us at the number on the back of your card.
If you need further assistance text HELP to any of the following codes for more information.
Qualifications & exceptions
Opting out of any security text alert stops all security text alerts
Data rates may apply depending on your carrier plan
data: messages · purpose: security
Security & Safeguards · Context
Short codes and toll-free numbers for security text alerts by product
A table lists the short code and toll-free number for each security text alert product: credit card (non-fraud and fraud), ATM/debit card (non-fraud and fraud), Mobile Wallet, digital fingerprint, account takeover, Zelle, wires, ACH and Bill Pay, rewards redemption, account opening, ACH/balance transfer, checking and/or money market savings, SMS on demand, credit card application, Small Business credit card (two short codes, 96264 / 659543), and account restrictions. For example, credit card fraud alerts use short code 322632 and 844.585.0488, and ATM/debit card fraud alerts use 39989 and 844.585.0485.
Supporting quotations
Product
Short Code
Toll Free Number
Credit card (Non-Fraud)
49739
800.427.2449
Credit card (Fraud)
322632
844.585.0488
ATM/debit card (Non-Fraud)
65216
800.432.1000
ATM/debit card (Fraud)
39989
844.585.0485
Mobile Wallet
47518
855.262.0541
Digital fingerprint
55983
866.500.6260
Account takeover
56433
866.376.7091
Zelle®, Wires, ACH and Bill Pay
80814
866.376.4584
Rewards redemption
82096
844.585.0488
Account opening
82958
866.258.4982
ACH/balance transfer
85382
866.222.4145
Checking and/or money market savings account
86006
877.887.8935
SMS on demand
90208
800.432.1000
Credit card application
91207
888.230.6262
Small Business credit card
96264 / 659543
800.427.2399
Account restrictions
85594
877.488.7843
Qualifications & exceptions
Small Business credit card lists two short codes
purpose: security
Data Access & Collection · Context
Privacy and security practices are described in a separate privacy notice
The agreement points to Bank of America's website for information about its privacy and security practices and a link to its U.S. Consumer Privacy Notice. Those practices are not described in this section.
Supporting quotations
For information about our privacy and security practices and a link to our U.S. Consumer Privacy Notice, go to our website at
Qualifications & exceptions
Privacy practices are set out in a separate document
Not stated here
The contents of the U.S. Consumer Privacy Notice are not part of this source
Cross-references
supports (model-proposed): Privacy notices govern personal information and are part of this agreement — The Alerts section's pointer to the privacy notice (b558) connects to Section 11.F. There, the bank commits to use personal information only under its Online and U.S. Consumer Privacy Notices and incorporates those notices.
Charges & Financial Obligations · Procedure
How to contact Bank of America about electronic transaction errors
For errors or questions about electronic transactions, Section 8 (titled as applying to consumer accounts) says to call 800.432.1000, or call collect at 925.681.7600 if calling from outside the continental U.S. You may also write to Bank of America at FL1-300-02-07, P.O. Box 25118, Tampa, FL 33622-5118.
Supporting quotations
8. Error Resolution Procedures for Consumer Accounts
In Case of Errors or Questions About Your Electronic Transactions
Call us at 800.432.1000
If you are calling from outside of the continental U.S., call us collect at 925.681.7600
You may also write us at:
Bank of America
FL1-300-02-07 P.O. Box 25118 Tampa, FL 33622-5118
Qualifications & exceptions
Collect-call number is for calls from outside the continental U.S.
Section 8 is titled as applying to consumer accounts
Charges & Financial Obligations · Procedure
Situations in which you should contact the bank immediately
You are asked to contact Bank of America immediately if you think your statement or transaction record is wrong, you need more information about a transaction listed on your statement, an unauthorized person has discovered your password for the Services, or someone has transferred or may transfer money from your account without your permission.
Supporting quotations
Contact us immediately if you think:
Your statement or transaction record is wrong
You need more information about a transaction listed on your statement
An unauthorized person has discovered your password for the Services
Someone has transferred or may transfer money from your account without your permission
Charges & Financial Obligations · Restriction or exception
Error reports due 60 days after first statement (90 for other-bank transfers)
Bank of America must hear from you no later than 60 days after it sent the first statement on which the problem or error appeared. The period is 90 days if the problem or error relates to a transfer from an account maintained at another financial institution. For errors involving an unauthorized transaction, you are directed to Section 8.B.
Supporting quotations
We must hear from you no later than 60 days after we have sent the FIRST statement on which the problem or error appeared
or 90 days if the problem or error relates to a transfer from an account maintained at another financial institution
Please see Section 8.B below regarding reporting an error involving an unauthorized transaction.
Error Resolution Procedures for Consumer Accounts
Qualifications & exceptions
60 days from the FIRST statement showing the problem
90 days if it involves a transfer from an account at another financial institution
Unauthorized transactions: see Section 8.B
Stated in Section 8, which is titled as applying to consumer accounts
Not stated here
The section does not state what happens to an error reported after the deadline, other than the separate unauthorized-transaction rules in Section 8.B
Charges & Financial Obligations · Procedure
Information to give when reporting an error, and possible written follow-up
If you report verbally, Bank of America may require you to send your complaint or question in writing or by email within ten business days. When contacting the bank, you are asked to provide your name and account number, the date and dollar amount of the transaction, the payee name for a bill payment, the transaction number if available, a description of the transaction, and as clear an explanation as you can of why you believe there is an error or need more information.
Supporting quotations
If you tell us verbally, we may require you to send us your complaint or question in writing or via email within ten (10) business days.
When you contact us, please provide the following information:
Your name and account number
The date and dollar amount of the transaction in question
The name of the Payee if the transaction in question is a bill payment
The transaction number assigned, if available
A description of the transaction about which you are unsure
Please explain as clearly as you can why you believe there is an error or why you need more information.
Qualifications & exceptions
Written or email follow-up may be required within 10 business days of a verbal report
Charges & Financial Obligations · Company commitment
Investigation timelines and provisional credit for reported errors
Bank of America says it will determine whether an error occurred within 10 business days after hearing from you and will promptly correct any error it made. If it needs more time, it may take up to 45 days, in which case it will provisionally credit your account within 10 business days for the amount you think is in error. If it asked for a written complaint and does not receive it within 10 business days, it reserves the right not to provisionally credit your account; for errors involving new accounts it may take up to 90 days to investigate and up to 20 business days to provisionally credit.
Supporting quotations
We will determine whether an error occurred within 10 business days after we hear from you, and we will promptly correct any error we have made.
If we need more time, however, we may take up to 45 days to investigate your complaint or question.
we will provisionally credit your account within 10 business days for the amount you think is in error
If we ask you to put your complaint or question in writing, and we do not receive your letter in 10 business days, we reserve the right not to provisionally credit your account.
For errors involving new accounts, we may take up to 90 days to investigate your complaint or question and up to 20 business days to provisionally credit your account.
Error Resolution Procedures for Consumer Accounts
does not apply to business accounts
Qualifications & exceptions
Up to 45 days if more time is needed
Provisional credit within 10 business days during extended investigation
No provisional credit right if requested written complaint not received within 10 business days
New accounts: up to 90 days to investigate, up to 20 business days for provisional credit
Stated in Section 8, which is titled as applying to consumer accounts; the section notes Regulation E does not apply to business accounts
Not stated here
The section does not define what counts as a 'new account'
Charges & Financial Obligations · Company commitment
Results within 3 business days and access to investigation documents
Bank of America will tell you the results within 3 business days after completing its investigation. If it concludes there was no error, it will send you a written explanation, and you may request copies of the documents it used in the investigation.
Supporting quotations
We will tell you the results within 3 business days after we complete our investigation.
If we conclude there was no error, we will send you a written explanation.
You may request copies of the documents that we used in our investigation.
Error Resolution Procedures for Consumer Accounts
Qualifications & exceptions
Written explanation applies when the bank finds no error
Stated in Section 8, which is titled as applying to consumer accounts
Charges & Financial Obligations · Context
Remittance Transfer errors: see the error resolution procedures in Section 6.F
If the transaction was a Remittance Transfer, described here as a transfer of funds initiated by a consumer primarily for personal, family or household purposes to a designated recipient in a foreign country, you are directed to the error resolution procedures in Section 6.F.
Supporting quotations
If your transaction was a Remittance Transfer (transfer of funds initiated by a consumer primarily for personal, family or household purposes to a designated recipient in a foreign country), please see the error resolution procedures in Section 6.F.
Qualifications & exceptions
Applies to consumer-initiated transfers, primarily for personal, family or household purposes, to recipients in a foreign country
Not stated here
This provision does not say how the Section 6.F procedures relate to the procedures described in Section 8.A
Report compromised passwords or unauthorized transfers at once
You are told to notify Bank of America at once if you believe your password has been compromised or someone has transferred or may transfer money without your permission, and that calling immediately is the best way to minimize your loss. The agreement warns that unauthorized use of the Services could cause you to lose all the money in your accounts plus any amount available under your Balance Connect overdraft protection service.
Supporting quotations
Tell us at once if you believe your password has been compromised or if someone has transferred or may transfer money from your account without your permission.
The best way to minimize your loss is to call us immediately.
The unauthorized use of the Services could cause you to lose all of your money in your accounts, plus any amount available under your Balance Connect® overdraft protection service.
Qualifications & exceptions
Potential loss includes Balance Connect overdraft protection amounts
Not stated here
Balance Connect overdraft protection terms are not supplied in this section
Charges & Financial Obligations · User right or choice
No liability for unauthorized transactions reported within 60 (or 90) days
You will have no liability for unauthorized transactions if you notify Bank of America within 60 days after the statement showing the transaction was sent (90 days if the transaction was from an account at another financial institution). If you do not, you may not get back money lost from unauthorized transactions occurring after the 60-day (or 90-day) period closes, if the bank can show it could have stopped them had you notified it in time. The bank may extend these periods if qualifying extenuating circumstances, such as a long trip or hospital stay, kept you from telling it.
Supporting quotations
You will have no liability for unauthorized transactions if you notify us within 60 days after the statement showing the transaction has been sent to you
(or 90 days if the transaction was from an account maintained at another financial institution)
you may not get back any of the money you lost from any unauthorized transaction that occurs after the close of the 60-day period
(or 90 day period if the transaction was from an account maintained at another financial institution)
if we can show that we could have stopped the transaction if you had notified us in time
If qualifying extenuating circumstances (such as a long trip or hospital stay) kept you from telling us, we may extend the time periods.
does not apply to business accounts
Qualifications & exceptions
60 days from the statement; 90 days for transactions from an account at another financial institution
Late-notice loss applies to transactions after the period closes and only if the bank could have stopped them
Extension for extenuating circumstances is discretionary ('may')
Stated as Regulation E rules that do not apply to business accounts
Not stated here
What counts as 'qualifying' extenuating circumstances is not defined
What counts as an unauthorized transaction under this section
A transaction is unauthorized for this section if someone other than you initiates it from your account without actual authority and you receive no benefit from it. Transactions resulting from these listed situations are considered unauthorized: your account being accessed without permission; your debit card, username or password being lost, stolen, compromised or used without permission; someone transferring money without your permission; or your statement showing transfers out that you did not make or permit. You are told to notify Bank of America at once if you believe any of these have happened.
Supporting quotations
A transaction is unauthorized for purposes of this Section, if it is initiated from your account by someone other than you, who does not have actual authority to initiate that transaction and from which you receive no benefit.
Transactions resulting from the following situations are considered
Your account has been accessed without your permission;
Your debit card, username, or password has been lost, stolen, compromised, or used without your permission;
Someone has transferred money from your account without your permission; or
Your statement shows transfers out of your account that you did not make or permit.
NOTIFY BANK OF AMERICA AT ONCE if you believe any of these have happened to your account.
Qualifications & exceptions
Requires initiation by someone other than you, without actual authority, and no benefit to you
Cross-references
narrows (model-proposed): Payments induced by misrepresentation are not "unauthorized" — The Zelle section excludes a payment you initiate because someone misrepresents goods, services or their identity from the Section 8.B definition of unauthorized. This exclusion concerns those payments you initiate; it does not say that every transaction involving a scam is authorized.
Security & Safeguards · Restriction or exception
You are responsible for transactions by people you let use your credentials
If you permit another person to use your User ID, password and related codes, you are responsible for all transactions that person performs, even if they exceed your authorization, until you notify Bank of America that the person is no longer authorized so it can block the credentials or codes and issue new ones. Transactions that you or someone acting with you initiates with fraudulent intent are also treated as authorized.
Supporting quotations
If you permit another person to use your User ID and password and related code(s), you are responsible for all transactions that person performs (even if he or she exceeds your authorization), until you notify us that the person is no longer authorized
the credentials or codes and issue new ones
Transactions that you or someone acting with you initiates with fraudulent intent are also authorized transactions.
Qualifications & exceptions
Responsibility continues until you notify the bank the person is no longer authorized
Applies even if the person exceeds your authorization
Fraudulent transactions by you or someone acting with you are treated as authorized
Legal Rights & Agreement Rules · Context
Liability rules come from Regulation E and do not apply to business accounts
The agreement states these liability rules are established by Regulation E, which implements the federal Electronic Fund Transfer Act and does not apply to business accounts, and that terms in this section that the agreement does not define but Regulation E does define have their Regulation E meaning. It adds that Bank of America's own liability policy for unauthorized transactions on consumer deposit accounts may give more protection if you report promptly, and that state law applicable to your account may give you more time to report or more protection than Regulation E.
Supporting quotations
These liability rules are established by Regulation E, which implements the federal Electronic Fund Transfer Act and does not apply to business accounts.
All terms in this Section not defined in this Agreement but defined in Regulation E will have the meaning given in Regulation E.
Our liability policy regarding unauthorized transactions on consumer deposit accounts may give you more protection, provided you report the transactions promptly.
the state law applicable to your account may give you more time to report an unauthorized transaction or may give you more protection than Regulation E.
Qualifications & exceptions
Regulation E does not apply to business accounts
Bank policy's extra protection conditioned on prompt reporting
Not stated here
The bank's separate liability policy for consumer deposit accounts is not supplied
Which state law applies and what it provides is not stated
contrast (model-proposed): No bank liability for unauthorized password use before notice and time to act — Regulation E's unauthorized-transaction protections do not apply to business accounts (b592). Small business accounts instead fall under Section 9, where the bank has no liability for unauthorized password use until you give notice and it has had a reasonable opportunity to act.
Charges & Financial Obligations · Company commitment
Bank liability for failing to complete transactions, with listed exceptions
In Section 8, which is titled as applying to consumer accounts, Bank of America says that if it does not complete a transaction to or from your account on time or in the correct amount according to its agreement with you, it will be liable for your losses or damages. The listed exceptions include these cases: through no fault of the bank, you lack enough available funds (including under Balance Connect overdraft protection) or credit; you knew the Services were malfunctioning when you started the transaction; circumstances beyond the bank's control, such as fire or flood, prevented the transaction despite reasonable precautions; or there were postal or Payee processing delays. The list is introduced as examples and ends by saying other exceptions not specifically mentioned apply. For small business accounts, Section 9.C instead limits the bank's liability for failed, delayed or short payments or transfers to interest on the amount not timely paid, unless law requires otherwise.
Supporting quotations
If we do not complete a transaction to or from your account on time, or in the correct amount according to our agreement with you, we will be liable for your losses or damages.
However, there are some exceptions. For instance, we will not be liable where:
Through no fault of ours
enough available funds in your account (or available funds under your Balance Connect® overdraft protection service), or credit to cover the transaction or transfer
you knew about the malfunction when you started the transaction or transfer
Circumstances beyond our control (such as fire or flood) prevented the transaction or transfer
despite reasonable precautions
There are postal delays or processing delays by the Payee
Other exceptions not specifically mentioned apply.
Error Resolution Procedures for Consumer Accounts
Additional Provisions Only Applicable to Small Business Accounts
our liability shall be limited to interest on the amount that we failed to timely pay or transfer
EXCEPT AS OTHERWISE PROVIDED HEREIN, AND SUBJECT TO APPLICABLE LAW
Qualifications & exceptions
Exceptions are examples ('For instance')
Open-ended: 'Other exceptions not specifically mentioned apply'
Section 8 is titled as applying to consumer accounts
Small business accounts: Section 9.C limits liability for failed or late transfers to interest, unless law requires otherwise
Section 10.B's general damages exclusion applies 'except as otherwise provided herein'
Not stated here
The unnamed 'other exceptions' are not identified
The Agreement does not say how Section 10.B's $100 cap for certain states relates to this commitment
Charges & Financial Obligations · Context
Where liability rules for ACH and wire transfers are found
For liability for Same-Business Day Outbound wire transfers and international transfers, you are directed to Section 6. Liability for Three-Business Day and Next Business Day ACH transfers to or from a Bank of America consumer account is described as being in Section 8, which is the Error Resolution Procedures for Consumer Accounts section in which this statement itself appears.
Supporting quotations
For the provisions governing our liability for Same-Business Day Outbound wire transfers and international transfers please see Section 6.
Our liability for Three-Business Day ACH transfers and Next Business Day ACH transfers involving a transfer to or from a Bank of America consumer account is as described in Section 8.
8. Error Resolution Procedures for Consumer Accounts
The following applies to Same-Business Day Domestic Wire transfers and all ACH and Wire transfers from a business account. The liability for ACH transfers to or from a Bank of America consumer account is described in Section 8 below. The liability for Remittance Transfers is described in Section 6.F below.
Qualifications & exceptions
Section 8 treatment is stated for ACH transfers involving a Bank of America consumer account
Section 6.E separately covers Same-Business Day Domestic Wires and all ACH and wire transfers from a business account; consumer ACH liability is directed to Section 8.
Cross-references
supports (model-proposed): Which transfers this section's ACH and wire liability rules cover — Section 8.D sends readers to Section 6 for wire and international liability (b601), and 6.E sends consumer ACH liability back to Section 8 (b457). The two cross-references divide liability between the sections.
Security & Safeguards · Procedure
Small business: how to report a possibly compromised password
Section 9 applies only to small business accounts. If you think your password may have been compromised, or you believe there has been unauthorized or erroneous online activity on your account, the agreement tells you to contact Bank of America at 866.758.5972. If you are calling from outside the continental U.S., you can call collect at 925.681.7600.
Supporting quotations
9. Additional Provisions Only Applicable to Small Business Accounts
If you think your password may have been compromised, or you believe there has been unauthorized or erroneous online activity with respect to your account, contact us at 866.758.5972.
If you are calling from outside of the continental U.S., call us collect at 925.681.7600.
Qualifications & exceptions
Section 9 applies only to small business accounts
Collect-call number is for callers outside the continental U.S.
purpose: security
Legal Rights & Agreement Rules · Restriction or exception
Small business notices go to address on record; no liability if intercepted
Small business customers agree that Bank of America may send notices and other communications, including password confirmations, to the current address in its records, even if that address does not direct delivery to a particular person. They also agree that Bank of America will not be responsible or liable in any way if information is intercepted by an unauthorized person, either in transit or at the customer's place of business.
Supporting quotations
9. Additional Provisions Only Applicable to Small Business Accounts
You agree that we may send notices and other communications, including password confirmations, to the current address shown in our records, whether or not that address includes a designation for delivery to the attention of any particular individual.
You further agree that Bank of America will not be responsible or liable to you in any way if information is intercepted by an unauthorized person, either in transit or at your place of business.
Qualifications & exceptions
Section 9 applies only to small business accounts
Covers interception in transit or at your place of business
purpose: service_operation
Not stated here
Whether "address" means a postal address, an email address, or both is not stated.
Security & Safeguards · Procedure
Small business password duties: keep it confidential and report exposure
Small business customers agree to (1) keep the password secure and strictly confidential, giving it only to authorized signers on the account; (2) tell everyone they give it to not to disclose it to anyone unauthorized; and (3) immediately notify Bank of America and select a new password if they believe it may have become known to an unauthorized person. For businesses using the additional services in the Business Services Addendum, this password section applies to all passwords, including those assigned to users or Administrators.
Supporting quotations
9. Additional Provisions Only Applicable to Small Business Accounts
1) keep your password secure and strictly confidential, providing it only to authorized signers on your account(s)
2) instruct each person to whom you give your password that he or she is not to disclose it to any unauthorized person
3) immediately notify us and select a new password if you believe your password may have become known to an unauthorized person
For businesses who use the additional services described in the Business Services Addendum, this section applies to all passwords, including those assigned to users or Administrators.
Qualifications & exceptions
Section 9 applies only to small business accounts
Password may be shared only with authorized signers
Extends to user and Administrator passwords for Business Services Addendum users
purpose: security
Not stated here
The contents of the Business Services Addendum are not supplied.
Legal Rights & Agreement Rules · Restriction or exception
No bank liability for unauthorized password use before notice and time to act
For small business accounts, Bank of America will have no liability for any unauthorized payment or transfer made using your password that occurs before you have notified the bank of possible unauthorized use and the bank has had a reasonable opportunity to act on that notice.
Supporting quotations
9. Additional Provisions Only Applicable to Small Business Accounts
Bank of America will have no liability to you for any unauthorized payment or transfer made using your password that occurs before you have notified us of possible unauthorized use and we have had a reasonable opportunity to act on that notice.
Qualifications & exceptions
Section 9 applies only to small business accounts
Applies until notice is given and the bank has had a reasonable opportunity to act
data: payment · purpose: security
Not stated here
What counts as a "reasonable opportunity" to act is not defined.
Account & Service Control · Restriction or exception
Small business is responsible for all transactions by users and Administrators
A small business customer is responsible for all transactions performed by the customer and any designated users, including Administrators, whether or not the customer specifically authorized the transactions. If the customer tells Bank of America that a person is no longer authorized, only transactions that person performs after the time of that notice are treated as unauthorized.
Supporting quotations
9. Additional Provisions Only Applicable to Small Business Accounts
You are responsible for all transactions performed by you and any designated user(s), including Administrator(s), whether you specifically authorize the transactions or not.
If you notify us that the person is no longer authorized, then only transactions that person performs after the time you notify us are considered unauthorized
Qualifications & exceptions
Section 9 applies only to small business accounts
Applies whether or not the transactions were specifically authorized
Only transactions after notice of revoked authority are considered unauthorized
data: payment
Not stated here
How designated users and Administrators are set up is described in the Business Services Addendum, which is not supplied.
Security & Safeguards · Permission or license
Bank may suspend or cancel a password it suspects is being misused
Bank of America may suspend or cancel your password even if you have not notified it of a problem, if it suspects the password is being used in an unauthorized or fraudulent manner. This appears in the small business section.
Supporting quotations
9. Additional Provisions Only Applicable to Small Business Accounts
We may suspend or cancel your password even without receiving such notice from you, if we suspect your password is being used in an unauthorized or fraudulent manner.
Qualifications & exceptions
Section 9 applies only to small business accounts
Does not require notice from you first
purpose: security
Not stated here
The provision does not say whether or how you will be told about a suspension or cancellation.
The basis for suspicion is not described.
Security & Safeguards · Restriction or exception
Small business agrees security procedures are commercially reasonable
By using the Services, a small business customer acknowledges that the security procedures this Agreement sets out for electronic banking are commercially reasonable. The customer agrees to be bound by instructions, authorized or unauthorized, that Bank of America carries out in compliance with those procedures, unless the customer had already given notice of possible unauthorized use and the bank had a reasonable opportunity to act on it.
Supporting quotations
9. Additional Provisions Only Applicable to Small Business Accounts
By using the Services, you acknowledge and agree that this Agreement sets forth security procedures for electronic banking transactions that are commercially reasonable.
You agree to be bound by instructions, whether authorized or unauthorized, which we implement in compliance with these procedures
unless you have given us prior notice of possible unauthorized use as described above (and we had a reasonable opportunity to act on such notice)
Qualifications & exceptions
Section 9 applies only to small business accounts
Binding even for unauthorized instructions processed under the procedures
Exception requires prior notice and a reasonable opportunity for the bank to act
purpose: security
Not stated here
Section 9.B does not itself list which security procedures it means.
Charges & Financial Obligations · Restriction or exception
Small business: bank owes only interest for late, missed or short payments
For small business accounts, if Bank of America fails or delays a payment or transfer you instructed, or sends less than you instructed, its liability is limited to interest on the amount not timely paid, unless law requires otherwise. Interest runs from the scheduled date until the payment is actually made or you cancel the instructions. The bank may pay that interest to you or to the intended recipient, but not both, and paying either one ends its obligation to the other. For its liability on ACH or wire transfers, the section refers readers to Section 6.E.
Supporting quotations
9. Additional Provisions Only Applicable to Small Business Accounts
If we fail or delay in making a payment or transfer pursuant to your instructions, or if we make a payment or transfer in an erroneous amount that is less than the amount per your instructions
unless otherwise required by law
our liability shall be limited to interest on the amount that we failed to timely pay or transfer, calculated from the date on which the payment or transfer was to be made until the date it was actually made or you canceled the instructions
We may pay such interest either to you or the intended recipient of the payment or transfer, but in no event will we be liable to both parties, and our payment to either party will fully discharge any obligation to the other.
For the provisions governing our liability for ACH or Wire Transfers, please see Section 6.E above.
Qualifications & exceptions
Section 9 applies only to small business accounts
Unless otherwise required by law
Interest goes to you or the recipient, not both
For ACH and wire transfer liability the agreement points to Section 6.E
qualifies (model-proposed): Errors: liability limited to correction, or refund plus up to 60 days' interest — Section 9.C limits small business liability to interest only, but says ACH and wire liability is governed by Section 6.E (b610). For those transfers, 6.E's correction-only and refund-plus-60-days'-interest rules apply instead.
Charges & Financial Obligations · Restriction or exception
Small business: refund limit for overpayments and post-notice unauthorized use
For small business accounts, if Bank of America pays or transfers more than you instructed, or allows an unauthorized payment or transfer after it has had a reasonable time to act on your notice of possible unauthorized use, its liability is limited to refunding the amount wrongly paid plus interest, unless law requires otherwise. Interest runs from the payment date to the refund date but may not exceed 60 days' interest.
Supporting quotations
9. Additional Provisions Only Applicable to Small Business Accounts
If we make a payment or transfer in an erroneous amount that exceeds the amount per your instructions, or if we permit an unauthorized payment or transfer after we have had a reasonable time to act on a notice from you of possible unauthorized use as described above
unless otherwise required by law
our liability will be limited to a refund of the amount erroneously paid or transferred, plus interest thereon from the date of the payment or transfer to the date of the refund, but in no event to exceed 60 days' interest
Qualifications & exceptions
Section 9 applies only to small business accounts
Unless otherwise required by law
Interest capped at 60 days
Unauthorized transfers count only after the bank had reasonable time to act on your notice
data: payment
Not stated here
What counts as a "reasonable time" to act is not defined.
Charges & Financial Obligations · Company practice
Interest owed is calculated at the average federal funds rate on a 360-day year
If Bank of America becomes liable to you for interest compensation under the Agreement or applicable law, the interest is calculated using the average federal funds rate at the Federal Reserve Bank in the district where Bank of America is headquartered, for each day interest is due, on the basis of a 360-day year. The sentence appears in the small business section but is worded to cover interest owed under the Agreement or applicable law.
Supporting quotations
9. Additional Provisions Only Applicable to Small Business Accounts
If we become liable to you for interest compensation under this Agreement or applicable law
such interest shall be calculated based on the average federal funds rate at the Federal Reserve Bank in the district where Bank of America is headquartered for each day interest is due, computed on the basis of a 360-day year
If we become liable to you for interest compensation under this Agreement or applicable law, such interest shall be calculated based on the average federal funds rate at the Federal Reserve Bank in the district where Bank of America is headquartered for each day interest is due, computed on the basis of a 360-day year.
Qualifications & exceptions
Appears in Section 9, which applies only to small business accounts
Daily rate based on a 360-day year
The identical interest-calculation sentence also appears in Section 6.E for ACH and wire transfers
Not stated here
The Federal Reserve district is not named.
Whether this calculation applies to interest owed under other parts of the Agreement besides Sections 6.E and 9 is not stated.
Cross-references
supports (model-proposed): Interest owed is based on the average federal funds rate, 360-day year — Sections 6.E (b458) and 9.C (b609) use the same interest formula: the average federal funds rate at the Federal Reserve Bank in the bank's headquarters district, on a 360-day year.
Legal Rights & Agreement Rules · Restriction or exception
Small business: no special, indirect, consequential damages or attorney's fees
In the small business section, unless law requires otherwise, Bank of America will never be liable for special, indirect or consequential damages, including lost profits or attorney's fees, even if it was told in advance that such damages were possible.
Supporting quotations
9. Additional Provisions Only Applicable to Small Business Accounts
Unless otherwise required by law, in no event will Bank of America be liable to you for special, indirect or consequential damages including, without limitation, lost profits or attorney's fees, even if we are advised in advance of the possibility of such damages.
Qualifications & exceptions
Section 9 applies only to small business accounts
Unless otherwise required by law
Applies even if the bank was advised of possible damages
Legal Rights & Agreement Rules · Restriction or exception
Services provided as is and as available, with all warranties disclaimed
Except where the Agreement says otherwise and subject to applicable law, neither Bank of America nor its Vendors (including their owners, directors, officers or agents) make any express or implied warranties, representations or endorsements about the Services. They disclaim all warranties, including merchantability, fitness for a particular purpose, title and non-infringement, and do not promise the Services will be uninterrupted, timely, secure or error-free or that defects will be fixed. "Vendors" means any third-party service provider, network or partner financial institution the bank engages to perform functions under the Agreement.
Supporting quotations
EXCEPT AS OTHERWISE PROVIDED HEREIN, AND SUBJECT TO APPLICABLE LAW
NEITHER WE NOR OUR VENDORS, INCLUDING OUR OR THEIR OWNERS, DIRECTORS, OFFICERS OR AGENTS, MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SERVICES.
WE AND OUR VENDORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT
WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
“VENDOR(S)” MEANS ANY THIRD-PARTY SERVICE PROVIDER, NETWORK OR PARTNER FINANCIAL INSTITUTION WE MAY ENGAGE TO PERFORM FUNCTIONS FOR US UNDER THIS AGREEMENT
Qualifications & exceptions
Except as otherwise provided in the Agreement
Subject to applicable law
Also covers Vendors and their owners, directors, officers and agents
Not stated here
The specific Vendors the bank uses are not identified.
Security & Safeguards · Restriction or exception
No warranty the website is virus-free; you bear the cost of repairs
Neither Bank of America nor its Vendors warrant that the website, or the server that makes it available, is free of viruses or other harmful components. You assume the entire cost of any servicing, repair or correction of problems caused by viruses or other harmful components.
Supporting quotations
WARRANT THAT THE WEB SITE, OR THE SERVER THAT MAKES THEM AVAILABLE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION OF PROBLEMS CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS.
EXCEPT AS OTHERWISE PROVIDED HEREIN, AND SUBJECT TO APPLICABLE LAW,
Qualifications & exceptions
You bear the entire cost of repairs
The Section 10.A disclaimer is subject to applicable law and other provisions of the Agreement.
Legal Rights & Agreement Rules · Restriction or exception
Broad damages exclusion for transactions, errors and unauthorized data access
Except where the Agreement says otherwise and subject to applicable law, Bank of America and its Vendors will not be liable for any damages of any kind, including direct, incidental, consequential, special, exemplary or other indirect damages. This covers damages arising from any transaction through the Services, errors or inaccuracies in the Services, unauthorized access to or alteration of your transmissions or data, or any other matter relating to the Services, even if they were told such damages were possible.
Supporting quotations
EXCEPT AS OTHERWISE PROVIDED HEREIN, AND SUBJECT TO APPLICABLE LAW
BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES
(I) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SERVICES
(II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICES DESCRIBED OR PROVIDED
(III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA
(IV) ANY OTHER MATTER RELATING TO THE SERVICES DESCRIBED OR PROVIDED
EVEN IF WE OR OUR VENDORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
If we do not complete a transaction to or from your account on time, or in the correct amount according to our agreement with you, we will be liable for your losses or damages.
Qualifications & exceptions
Except as otherwise provided in the Agreement
Subject to applicable law
Includes direct damages
Section 8.C separately says the bank will be liable for your losses or damages if it does not complete a transaction on time or in the correct amount, subject to listed exceptions
Cross-references
qualifies (model-proposed): Bank liability for failing to complete transactions, with listed exceptions — Section 10.B expressly allows exceptions elsewhere in the Agreement. Section 8.C provides a consumer remedy for failure to complete a transaction on time or in the correct amount, subject to its listed exceptions.
qualifies (model-proposed): No liability for unauthorized transactions reported within 60 (or 90) days — The damages exclusion is 'subject to applicable law' (b616). Section 8.B's Regulation E rules on unauthorized transactions, including the note that the bank's own policy or state law may give more protection (b592), still apply to consumer accounts.
Legal Rights & Agreement Rules · Restriction or exception
If dissatisfied, your sole remedy is to stop using the Services
The agreement says that if you are dissatisfied with the Services or with the terms of the Agreement, your sole and exclusive remedy is to stop using the Services. This sits within the limitation of liability, which begins with "except as otherwise provided herein, and subject to applicable law."
Supporting quotations
EXCEPT AS OTHERWISE PROVIDED HEREIN, AND SUBJECT TO APPLICABLE LAW
IF YOU ARE DISSATISFIED WITH THE SERVICES OR WITH THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
Qualifications & exceptions
Within a section that is subject to applicable law and to other provisions of the Agreement
Legal Rights & Agreement Rules · Restriction or exception
No liability for failed transfers caused by events beyond the bank's control
Bank of America will not be liable to you or any third party for failing to execute a transfer or perform a related act if the failure results from causes or conditions beyond its reasonable control. Listed examples include strikes, riots, insurrection, war, military or national emergencies, acts of God, natural disasters, fire, computer or equipment outages, quarantines, pandemics, and failures of transportation, communication methods or power supplies.
Supporting quotations
WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR FAILURE TO EXECUTE ANY TRANSFER OR PERFORM A RELATED ACT IF SUCH FAILURE IS DUE TO CAUSES OR CONDITIONS BEYOND OUR REASONABLE CONTROL
INCLUDING WITHOUT LIMITATION
STRIKES, RIOTS, INSURRECTION, WAR, MILITARY OR NATIONAL EMERGENCIES, ACTS OF GOD, NATURAL DISASTERS
OUTAGES OF COMPUTERS OR ASSOCIATED EQUIPMENT, QUARANTINES, PANDEMICS
FAILURE OF TRANSPORTATION OR COMMUNICATION METHODS OR POWER SUPPLIES
Qualifications & exceptions
Applies only where the cause is beyond the bank's reasonable control
The listed examples are not exhaustive
data: payment
Cross-references
qualifies (model-proposed): Bank liability for failing to complete transactions, with listed exceptions — Section 10.B excuses failures caused by events beyond the bank's reasonable control, including computer outages (b617). The consumer-account version in 8.C excuses events beyond the bank's control only 'despite reasonable precautions we've taken' (b597).
Legal Rights & Agreement Rules · Restriction or exception
$100 liability cap in states where the damages exclusion may not apply
In states where the exclusion or limitation of liability for consequential or incidental damages may not apply, the liability of Bank of America and its Vendors is limited, and warranties are excluded, to the greatest extent the law permits. In no event will that liability exceed $100.00.
Supporting quotations
IN THOSE STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY
ANY LIABILITY OF US OR OUR VENDORS
IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED ONE HUNDRED DOLLARS ($100.00).
Qualifications & exceptions
Applies in states where the consequential or incidental damages exclusion may not apply
Liability may not exceed $100.00
Not stated here
The states this applies to are not named.
Legal Rights & Agreement Rules · Restriction or exception
You agree to indemnify and defend Bank of America and its Vendors
You acknowledge that you are personally responsible for your conduct while using the Services. Except where the Agreement says otherwise, you agree to indemnify, defend and hold harmless Bank of America and its Vendors, including their owners, directors, officers and agents, against all claims, losses, expenses, damages and costs, including reasonable attorney's fees. This covers anything arising from your use, misuse, errors or inability to use the Services, your violation of the Agreement, or your breach of any representation or warranty in it.
Supporting quotations
You acknowledge and agree that you are personally responsible for your conduct while using the Services
except as otherwise provided in this Agreement, you agree to indemnify, defend and hold harmless us, our Vendors, including our or their owners, directors, officers, agents
from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorney's fees
resulting from or arising out of your use, misuse, errors, or inability to use the Services, or any violation by you of the terms of this Agreement or your breach of any representation or warranty contained in this Agreement
Qualifications & exceptions
Except as otherwise provided in the Agreement
Includes reasonable attorney's fees
Covers direct, incidental, consequential, exemplary and indirect damages
Legal Rights & Agreement Rules · Context
Warranty disclaimer, liability limits and indemnity survive termination
Sections 10.A (disclaimer of warranties), 10.B (limitation of liability) and 10.C (indemnification) continue to apply after the Agreement is terminated.
Supporting quotations
The provisions of Sections 10.A, B and C shall survive termination of this Agreement.
Qualifications & exceptions
Applies to Sections 10.A, 10.B and 10.C
Charges & Financial Obligations · Company practice
No service charge to access linked accounts, with exceptions
Except as otherwise provided in this Agreement or in your applicable account agreements and fee schedule, Bank of America does not charge a service fee for accessing your linked accounts through the Service.
Supporting quotations
Except as otherwise provided in this Agreement or your applicable account agreements and schedule of fees, there is no service charge for accessing your linked accounts with the Service.
Qualifications & exceptions
Exceptions in this Agreement or in your account agreements and fee schedule
Not stated here
The applicable account agreements and fee schedules are not supplied.
Charges & Financial Obligations · Context
Other possible fees: account, internet, wireless, returned item, overdraft
Besides fees described elsewhere in the Agreement, you might incur charges depending on how you access the Services. These include normal account fees and service charges (such as stop payment requests), internet service provider fees and wireless carrier fees. Returned item fees from the payee, or overdraft fees, may also apply if your available balance is too low to cover scheduled payments or transfers on their scheduled dates or when they are presented for payment.
Supporting quotations
In addition to the fees already described in this Agreement
depending on how you access the Services, you might incur charges for:
Normal account fees and service charges, such as stop payment requests.
Internet service provider fees.
Wireless carrier fees.
Returned item fees from the payee or overdraft fees may apply if you schedule payments or transfers and your available balance is not sufficient to process the items on the dates scheduled and/or on the dates when the items are presented to us for payment.
If an account has sufficient funds on the scheduled date and we initiate the transfer but the account does not have sufficient funds when the payment posts to your account, we will not charge a fee to your Bank of America deposit account, but you may incur late fees, interest charges or other action taken by the Payee.
Qualifications & exceptions
Internet and wireless fees come from your providers
Returned item or overdraft fees depend on insufficient available balance
For Bill Pay, if sufficient funds were available on the scheduled date and the bank initiated payment but funds are insufficient when it posts, the Bill Pay section says the bank will not charge your Bank of America deposit account a fee; payee late fees, interest or other action may still follow.
data: payment
Not stated here
Fee amounts are set in account agreements, fee schedules and third-party provider terms that are not supplied.
Services available 24/7 except during maintenance and upgrades
Subject to the Agreement, the Services are available 24 hours a day, 365 days a year, except during system maintenance and upgrades. When that happens, a message is displayed online when you sign on.
Supporting quotations
The Services, subject to the terms of this Agreement, are available 365 days a year and 24 hours a day, except during system maintenance and upgrades.
When this occurs, a message will be displayed on-line when you sign on to use the Services.
Qualifications & exceptions
Not available during system maintenance and upgrades
purpose: service_operation
Not stated here
How often or how long maintenance may last is not stated.
Account & Service Control · Context
Call center hours and mailing address
Bank of America's call centers are open Monday through Friday from 7:00 a.m. to 10:00 p.m., and Saturday and Sunday from 8:00 a.m. to 5:00 p.m. local time, excluding bank holidays, and can be reached through the contact numbers given in the relevant sections of the Agreement. You can also write to Bank of America FL1-300-02-07, P.O. Box 25118, Tampa, FL 33622-5118.
Supporting quotations
Our Call Centers are available Monday through Friday from 7:00 a.m. to 10:00 p.m., and Saturday and Sunday from 8:00 a.m. to 5:00 p.m. local time, excluding bank holidays
may be reached through the contact numbers contained in the applicable sections of this Agreement
You may also write us at:
Bank of America FL1-300-02-07 P.O. Box 25118 Tampa, FL 33622-5118
Qualifications & exceptions
Local time
Closed on bank holidays
Not stated here
Whose local time applies is not specified.
Account & Service Control · Context
Business days exclude weekends and bank holidays; investment accounts differ
For the Services, business days are Monday through Friday, excluding bank holidays. For investment accounts only, all stock exchange closures and holidays (such as Good Friday) are also observed, in addition to bank holidays.
Supporting quotations
For the Services, our business days are Monday through Friday, excluding bank holidays.
For investment accounts only, all stock exchange closures and holidays will be observed (such as Good Friday) as well as the bank holidays.
Qualifications & exceptions
Investment accounts also observe stock exchange closures and holidays
Not stated here
The list of bank holidays is not given.
Legal Rights & Agreement Rules · Permission or license
Bank may change the Agreement at any time; notice when legally required
Bank of America may add, delete or change the Agreement's terms at any time. It will tell you about changes when the law requires, and will try to tell you about the nature of material changes even when not required. It may give notice by mail, email or a notice on its website, and will make the updated terms available on its website.
Supporting quotations
We may add, delete or change the terms of this Agreement at any time.
We will inform you of changes when legally required and will try to inform you of the nature of any material changes even when not legally required to do so.
We may communicate changes by either mail, email or a notice on our website and will make the updated terms available on our website.
This arbitration provision may not be amended, severed or waived, except as provided in this Agreement or in a written agreement between you and us.
These arbitration provisions shall survive changes in this Agreement
Qualifications & exceptions
Notice is promised only when legally required
For other material changes the bank says only that it "will try" to inform you
Section 12 says the arbitration provision may not be amended, severed or waived except as provided in this Agreement or in a written agreement, and survives changes to the Agreement
Not stated here
What counts as a "material" change is not defined.
The Agreement does not say whether this general change right is one of the ways 'provided in this Agreement' that the arbitration provision may be amended
Legal Rights & Agreement Rules · Restriction or exception
Continued use after changes are posted means they apply; you may stop using
By continuing to use the Services after changes are posted to the website, you agree that the changes take effect for transactions made after that date, whether or not you visit the website or otherwise actually receive notice. If you do not agree with a change, you may stop using the Services.
Supporting quotations
You agree that by continuing to use the Services after the date that changes are posted to our website, such changes will be effective for transactions made after that date, whether or not you access the website or otherwise receive actual notice of the changes.
If you do not agree with a change, you may discontinue using the Services.
Qualifications & exceptions
Changes apply to transactions after the posting date
Applies even without actual notice
Account & Service Control · User right or choice
You may cancel any Service at any time in writing or by phone
The Services remain in effect until you or Bank of America ends them. You may cancel one or more Services at any time by notifying the bank in writing or by calling customer service at 800.432.1000; for small business accounts, call 866.758.5972.
Supporting quotations
The Services remain in effect until they are terminated by you or Bank of America.
You may cancel one or more of your Services at any time by notifying us of your intent to cancel in writing or by calling customer service at 800.432.1000.
For small business accounts, call 866.758.5972.
Qualifications & exceptions
Small business accounts use 866.758.5972
Account & Service Control · Context
Ending online banking User ID access ends the Services but not your accounts
If your online and mobile banking User ID access is canceled or terminated by you or Bank of America, your Services also end. Cancellation or termination applies only to the Services and does not terminate your Bank of America accounts.
Supporting quotations
If your online and mobile banking User ID access is canceled or otherwise terminated by either you or Bank of America, it will also terminate your Services.
Any such cancellation or termination applies only to your Services and does not terminate your Bank of America accounts.
Qualifications & exceptions
Accounts stay open
Charges & Financial Obligations · Company practice
Termination cancels future scheduled transfers and payments, with exceptions
If your User ID access is canceled for any reason, or you or Bank of America otherwise end your access to the Services, Bank of America will cancel all future scheduled transfers and payments you set up through the Services that are not already in process. Subject to unspecified "certain exceptions," it will not cancel Home Loan PayPlans (managed through the number on your mortgage statement) or internal transfers between your checking or savings and your Merrill or Private Bank investment accounts (managed through those online accounts). The bank recommends making other arrangements so payments are made on time.
Supporting quotations
In the event your online and mobile banking User ID access is canceled for any reason, or you or Bank of America otherwise terminate your access to the Services
we will cancel all future scheduled transfers and payments you set up using the Services which are not already in process
however, we will not, subject to certain exceptions, cancel any (i) Home Loan PayPlans, which you can manage by contacting us at the number on your mortgage loan statement
(ii) internal transfers between your checking/saving accounts and your Merrill or Private Bank investment accounts, which you can manage through your Merrill or Private Bank online accounts, as applicable
we recommend that you make alternative transfer or payment arrangements to ensure your transfers and payments are made on time
Qualifications & exceptions
Payments already in process are not canceled
Home Loan PayPlans and Merrill or Private Bank internal transfers are not canceled, subject to certain exceptions
data: payment · purpose: service_operation
Not stated here
The "certain exceptions" are not described.
Account & Service Control · Company practice
Closing primary checking or all linked accounts cancels payments or Services
If you close your primary Bank of America checking account, or no eligible funding account remains linked to the Service, any unprocessed payments will be canceled. The Services also end if you close all Bank of America accounts linked to your profile.
Supporting quotations
If you close your primary Bank of America checking account, or there is no longer any eligible funding account linked to your Service, any unprocessed payments will be canceled.
The Services will also end if you close all Bank of America accounts linked to your profile.
Qualifications & exceptions
Applies to unprocessed payments
data: payment
Not stated here
Which account counts as the "primary" checking account is not defined here.
Account & Service Control · Permission or license
Bank may end your Services at any time for any reason, without required notice
Bank of America may end your participation in any or all Services at any time and for any reason. Listed reasons include inactivity; legal compliance (citing 12 U.S.C. 5531, 12 U.S.C. 5536 and 15 U.S.C. 1601 et seq.); avoiding material losses, costs and expenses from systems changes caused by a change in your legal status or other personal circumstances; giving you certain benefits and protections under those laws; security, system updates and operational risk; and protecting its rights under any note, contract or security instrument. The bank will try to notify you in advance but is not obligated to.
Supporting quotations
We may terminate your participation in any or all of your Services at any time and for any reason, including (i) inactivity
(ii) to ensure Bank of America is in compliance with all applicable State, Federal and local laws, rules, regulations, and obligations
12 U.S.C. § 5531, 12 U.S.C. § 5536, and 15 U.S.C. § 1601 et seq.
(iii) to avoid material losses, costs and expenses relating to systems changes arising out of your change in legal status or other personal circumstances
(iv) to afford you certain benefits and protections under the Laws
(v) to maintain security, implement systems updates and manage operational risks
(vi) to protect our rights under any promissory note, contract, agreement, or related security instrument
We will try to notify you in advance, but we are not obliged to do so.
Bank termination of Services does not affect mail, phone or branch access
If Bank of America ends your participation in any or all Services, you can still access your accounts by Traditional Access Methods. The Agreement defines these as mail, telephone, bill payment initiated through third-party financial institutions, and in-person financial centers, and says they remain in effect subject to the agreements that apply to them.
Supporting quotations
If we terminate your participation in any or all of your Services, the termination will not affect your ability to access your accounts by Traditional Access Methods.
(the “Traditional Access Methods”) which include by: (i) mail, (ii) telephone, (iii) bill payment initiated through third party financial institutions and (iv) in-person financial centers
Termination of the Services by Bank of America will not affect your Traditional Access Methods which will remain in effect and subject to the agreements applicable to the Traditional Access Methods.
Qualifications & exceptions
Traditional Access Methods stay subject to their own agreements
Not stated here
The agreements that govern Traditional Access Methods are not supplied.
Sharing & Disclosure · Permission or license
Bank may disclose account information to consumer reporting agencies and others
Bank of America says it may disclose information about your accounts to consumer reporting agencies and to other persons or agencies that, in its judgment, have a legitimate purpose for getting it. The agreement says the account agreement for the applicable account describes this more fully.
Supporting quotations
We may disclose information about your accounts to consumer reporting agencies and to other persons or agencies who, in our judgment, have a legitimate purpose for obtaining information
as more fully described in the account agreement for the applicable account
Qualifications & exceptions
Recipients other than consumer reporting agencies are judged by Bank of America's own view of a 'legitimate purpose'
Fuller terms are in the account agreement for the applicable account
data: payment
Not stated here
The account agreement for each account type, which describes these disclosures more fully, is not supplied
Which persons or agencies count as having a legitimate purpose is not listed
The purposes for disclosure are not stated beyond 'a legitimate purpose'
Sharing & Disclosure · Company practice
Online banking enrollment automatically enrolls you in Deals rewards program
Enrolling in online and mobile banking automatically enrolls you in Bank of America's merchant rewards program, Deals. Through Deals, the bank shares anonymized transaction information with vendors to support your participation and to present offers that may interest you. It also shares anonymized transaction information with participating merchants, third parties and card networks to administer your benefits and rewards. The bank says it will use personally identifiable information only if needed and in line with its Online Privacy Notice and U.S. Consumer Privacy Notice.
Supporting quotations
By enrolling in online and mobile banking, you will be automatically enrolled in the Bank’s merchant rewards program Deals
the Bank will share anonymized transaction information with vendors in order to facilitate your participation in the rewards program and present offers that may be of interest to you
the Bank will also share anonymized transaction information with participating merchants, third parties and card networks to administer your benefits and rewards
we will only use personally identifiable information if needed and in accordance with our
Qualifications & exceptions
Enrollment in Deals is automatic with online and mobile banking enrollment
Shared transaction information is described as anonymized
Personally identifiable information is used only if needed and per the privacy notices
This section does not say whether or how you can opt out of Deals
What 'anonymized' means in practice, and which vendors, merchants, third parties and card networks receive the data, is not stated
Contents of the Online Privacy Notice and U.S. Consumer Privacy Notice are not supplied
Data Access & Collection · Permission or license
Wireless carrier may share account and device data to identify you, stop fraud
By using the Services, you authorize your wireless carrier to use or disclose information about your account and your wireless device, if available, to Bank of America or its service provider. This lasts for the duration of your business relationship and is solely to help identify you or your device and to prevent fraud. The agreement points to the Online Privacy Notice and U.S. Consumer Privacy Notice for how the bank treats your data.
Supporting quotations
you authorize your wireless carrier to use or disclose information about your account and your wireless device, if available, to Bank of America or its service provider for the duration of your business relationship
solely to help identify you or your wireless device and to prevent fraud
See our Online Privacy Notice and U.S. Consumer Privacy Notice to see how we treat your data.
Qualifications & exceptions
Only if the information is available
Solely to help identify you or your device and to prevent fraud
Lasts for the duration of your business relationship
Whether 'your account' means your wireless carrier account or your bank account is not specified
Which specific account and device data is shared is not listed
The bank's service provider is not named
Contents of the referenced privacy notices are not supplied
Cross-references
supports (model-proposed): You authorize your wireless carrier to share subscriber data for fraud checks — The wireless-carrier data authorization for all Services (b643) is repeated, with a more detailed list of data, for Zelle in Section 4 (b267). Both limit use to identity verification and fraud prevention.
Account & Service Control · Context
What Erica is and who can use it
Erica is a non-human bot feature of Digital Banking that may help you use certain functions by voice or text; for instance, you may be able to get balances, start transfers and pay bills, and the bank may add functions later. You can enable or disable certain Erica functions at any time under "Profile & Settings." To use Erica you must be enrolled in Online Banking and use the Mobile Banking app, and some or all capabilities may be unavailable for certain accounts or customers, or if your accounts are in a status not available in Mobile Banking.
Supporting quotations
Erica is a non-human, bot feature of Digital Banking and may help you engage with certain functionalities in a voice or text-assisted manner
you may be able to obtain account balances, initiate transfers, and pay bills
In the future, we may add new functionalities.
You may enable or disable certain Erica functions at any time in the "Profile & Settings" section.
You must be enrolled in Online Banking and use the Mobile Banking app to access Erica.
Some or all of Erica's capabilities may not be available for certain accounts or customers
may not be available if your accounts are in a status that are not available in Mobile Banking
Qualifications & exceptions
Requires Online Banking enrollment and the Mobile Banking app
Only certain functions can be enabled or disabled
Capabilities may be unavailable for some accounts, customers or account statuses
purpose: service_operation
Not stated here
Which accounts, customers or account statuses are excluded is not specified
Use & Processing · Company practice
Erica uses AI to interpret requests but picks from pre-defined answers
When you ask a question, Erica uses AI, including natural language processing, to analyze your words and work out your intent, then selects the most appropriate response from a pre-defined set of answers. The agreement says Erica does not use generative AI or large language models and does not automatically generate new responses based on its interactions with customers.
Supporting quotations
Erica uses Artificial Intelligence (“AI”) to analyze your words to understand your intent
Erica will select the most appropriate response from a pre-defined set of answers.
This process involves leveraging natural language processing to interpret and respond to customers’ queries effectively.
Erica does not use generative AI or large language models
Erica doesn’t automatically generate new responses based on interactions she has with customers.
Erica interactions are recorded and transcribed and may be used to personalize
Using Erica means speaking aloud or writing messages to it, and once you start an interaction Bank of America records and transcribes it. Personal information collected through Erica is governed by the U.S. Consumer Privacy Notice and Online Privacy Notice; for example, the bank may use recordings and interactions to improve the service or use data to personalize your experience "as described in Section D." The agreement says you should not share confidential or sensitive information such as your Social Security number or PIN with Erica, and suggests considering the times and places you use it.
Supporting quotations
Any personal information that we collect through Erica will be governed by our U.S. Consumer Privacy Notice and our Online Privacy Notice.
we may use Erica recordings and interactions to improve the service, or use data to provide a more personalized experience, as described in Section D
you will have to either speak aloud or write messages to Erica
Once you initiate an interaction with Erica, we will record and transcribe these interactions.
You should not share confidential or sensitive information, like your social security number or PIN, with Erica.
You may want to consider the times and places you use Erica.
Qualifications & exceptions
Recording starts once you initiate an interaction
Do not share sensitive information such as SSN or PIN with Erica
The referenced 'Section D' is not identified; none of this agreement's Section D headings (for example 3.D Limits, 4.D Consent to Emails and Automated Text Messages, 11.D Changes to Agreement) describes Erica personalization
Contents of the privacy notices are not supplied
Security & Safeguards · Restriction or exception
Erica may record other voices; voice transactions treated as authorized by you
Once activated, Erica may respond to voices that are not yours, and once you invoke the microphone in a session it may capture, record and transcribe other voices, continuing to record for up to 15 seconds after it hears a statement it can respond to, unless you close Erica or sign out of the Mobile Banking app. Bank of America will treat all voice interactions and transactions as authorized by you, even if another voice or person initiated or completed them.
Supporting quotations
Once activated, Erica may respond to voices that are not yours.
once you invoke the microphone in a session
Erica may capture, record, and transcribe other voices in addition to yours, and may continue recording for a period of time (up to 15 seconds) after Erica hears any statement to which a response can be made, unless you close Erica or sign out of the Mobile Banking app
We will treat all voice interactions and transactions as though you authorized them, and as though they are authorized interactions and transactions, even if another voice or person initiated or completed them.
A transaction is unauthorized for purposes of this Section, if it is initiated from your account by someone other than you, who does not have actual authority to initiate that transaction and from which you receive no benefit.
These liability rules are established by Regulation E, which implements the federal Electronic Fund Transfer Act and does not apply to business accounts.
Qualifications & exceptions
Recording can continue up to 15 seconds after a respondable statement
Closing Erica or signing out of the Mobile Banking app stops the continued recording
Applies even if another person initiated or completed the transaction
Section 8.B separately treats as unauthorized a transaction initiated by someone other than you without actual authority from which you receive no benefit, under rules it says Regulation E establishes for consumer accounts
data: audio · purpose: service_operation
Not stated here
The Agreement does not reconcile this Erica rule with Section 8.B's definition of unauthorized transactions and its Regulation E liability rules for consumer accounts
Cross-references
contrast (model-proposed): What counts as an unauthorized transaction under this section — Erica treats all voice transactions as authorized even when another person's voice started them (b649). That is in tension with Section 8.B's definition of an unauthorized transaction (b585).
Bank of America uses a third-party service provider to provide Erica's voice responses, and the agreement says a record of your conversations is kept for quality assurance, to maintain and transcribe an accurate account of your interactions, and to find ways to make Erica's responses more helpful. Your voice interactions are saved for 90 days so they can be analyzed to refine Erica's listening skills. The bank retains transcripts of your interactions with personal data masked; no end date is stated for transcripts.
Supporting quotations
Bank of America uses a third-party service provider to provide voice responses, which keeps a record of your conversations for quality assurance
to maintain and transcribe an accurate account of your interactions with Erica, to identify opportunities to make Erica’s responses more helpful
Your voice interactions are saved for 90 days so they can be analyzed to help refine Erica’s listening skills.
We retain transcripts of your interactions, with the personal data masked.
The sentence does not make fully clear whether the record of conversations is kept by the provider, the bank, or both
How long the conversation record is kept is not stated separately from the 90-day voice retention
Transcript retention period is not stated
Security & Safeguards · Restriction or exception
Anyone who can open your Mobile Banking app can also use Erica as you
You acknowledge that anyone who can access your accounts through the Mobile Banking app, whether by passcode, fingerprint, facial recognition or otherwise, could also access them through Erica. Bank of America will treat those interactions as authorized by you, even if another voice or person initiated or completed them.
Supporting quotations
anyone who can access your accounts through the Mobile Banking app, either through your passcode, fingerprint, facial recognition, or otherwise, could also access your accounts through Erica
We will treat these interactions as though you authorized them
even if another voice or person initiated or completed them
A transaction is unauthorized for purposes of this Section, if it is initiated from your account by someone other than you, who does not have actual authority to initiate that transaction and from which you receive no benefit.
Your debit card, username, or password has been lost, stolen, compromised, or used without your permission;
These liability rules are established by Regulation E, which implements the federal Electronic Fund Transfer Act and does not apply to business accounts.
Qualifications & exceptions
Applies to any access method to the app
Section 8.B separately treats as unauthorized a transaction initiated by someone other than you without actual authority from which you receive no benefit, including use of your username or password without permission, under rules it says Regulation E establishes for consumer accounts
Not stated here
The Agreement does not reconcile this Erica rule with Section 8.B's definition of unauthorized transactions and its Regulation E liability rules for consumer accounts
Cross-references
contrast (model-proposed): What counts as an unauthorized transaction under this section — Erica terms treat interactions by anyone who can open your app as authorized 'even if another voice or person initiated or completed them' (b651). Section 8.B treats a transaction as unauthorized if someone without actual authority initiates it and you get no benefit (b585).
Erica may review your banking activity and proactively send insights
Erica may offer suggestions, information and insights or start interactions with you by text or voice before you contact it. It may review your Bank of America banking activity to give you financial information and insights about managing your accounts and other financial issues. For certain categories of insights, the bank may let you dismiss them and manage your preferences for receiving them.
Supporting quotations
Erica may also provide suggestions, information and other insights to you or initiate interactions with you, by text or by voice, before you initiate an interaction
Erica may review your Bank of America banking activity and provide you with financial information and insights you might find helpful about the management of your accounts and other financial issues
For certain categories of insights, we may provide you the ability to dismiss these insights as they appear and to manage your preferences to receive those interactions from Erica.
Qualifications & exceptions
Ability to dismiss or manage insights applies only to certain categories and is phrased as 'may'
Which insight categories can be dismissed or managed is not specified
Security & Safeguards · Context
Erica alerts may deliver sensitive information by push or text
If you have enabled certain Erica functions, you may receive insights or sensitive information through push or text alerts, possibly even when the Mobile Banking app is closed. Your mobile carrier's message and data rates may apply.
Supporting quotations
If you have enabled certain functions within Erica
you may receive insights or sensitive information through push or text alerts, possibly even if your Mobile Banking app is closed
Message and data rates from your mobile carrier may apply.
Qualifications & exceptions
Only if certain Erica functions are enabled
Carrier message and data rates may apply
data: messages · purpose: service_operation
Not stated here
Which functions trigger these alerts is not specified
Sharing & Disclosure · Company practice
Erica interactions may be shared to comply with law or court orders
You acknowledge that Bank of America may have to share your Erica interactions to comply with law, a subpoena or a court order, and it says it will do so in accordance with applicable law.
Supporting quotations
we may have to share your Erica interactions to comply with law, subpoena or court order, and will do so in accordance with applicable law
Qualifications & exceptions
This clause concerns sharing to comply with law, subpoena or court order
Sharing is to be done in accordance with applicable law
Other sharing of Erica data under the privacy notices is not described in this clause
Account & Service Control · Restriction or exception
You must check Erica's on-screen information; Erica may make mistakes
Erica knows about your relationship and products with Bank of America and communicates through voice and screen interactions. You are responsible for reviewing what Erica shows on screen and confirming it accurately reflects your requests or instructions. The agreement warns Erica may misunderstand you, lack complete information, make mistakes, or fail to work, and that it can act only on the current or historical status of certain of your Bank of America accounts, which may not reflect your full financial situation. The bank says you can always confirm account activity through the Mobile Banking app, Online Banking or your statements, and encourages you to do so.
Supporting quotations
Erica knows about your relationship with Bank of America and products and services you have with Bank of America.
Erica will communicate with you through voice and screen interactions.
You are responsible for reviewing the information that Erica displays on the screen and confirming that it accurately reflects your requests or instructions.
it is possible that Erica may misunderstand you at times, may not have complete information related to your request, may otherwise make a mistake in responding to you, or the technology may simply not work
Erica is only able to take actions and offer suggestions, information and other insights based upon the current or historical status of certain of your accounts with Bank of America, which may not reflect the full scope of your financial situation
You can always confirm your account activity through the Mobile Banking app, Online Banking, or your account statements, and we encourage you to do so.
Qualifications & exceptions
Erica's information is limited to certain Bank of America accounts
data: payment · purpose: service_operation
Legal Rights & Agreement Rules · Procedure
Erica disputes follow existing agreements; Erica terms control on conflict
Questions or disputes about Erica, transactions performed through it, or information it provides may be directed in accordance with the Online Banking Services Agreement or any other applicable agreement with Bank of America or its affiliates, such as a deposit or credit account agreement. If there is an irreconcilable conflict between "these Terms" and another Bank of America agreement, these Terms control, but only with respect to Erica.
Supporting quotations
You may direct any questions or disputes regarding Erica, or any transactions performed, or information provided through Erica, in accordance with the Online Banking Services Agreement or any other applicable agreement you may have with us or our affiliates
such as an applicable deposit or credit account agreement
If there is any irreconcilable conflict between these Terms and any other agreement you have with Bank of America, then these Terms will control solely with respect to Erica.
Qualifications & exceptions
Conflict rule applies solely with respect to Erica
Applies only to irreconcilable conflicts
Not stated here
Deposit and credit account agreements are not supplied
Legal Rights & Agreement Rules · Company commitment
Privacy notices govern personal information and are part of this agreement
Bank of America says it will only use personally identifiable information in accordance with its Online Privacy Notice and U.S. Consumer Privacy Notice. Those notices are incorporated into and made part of this agreement by reference.
Supporting quotations
We will only use personally identifiable information in accordance with our Online Privacy Notice and U.S. Consumer Privacy Notice.
which are incorporated into and made a part of this Agreement by this reference
Qualifications & exceptions
The notices are incorporated by reference
data: identifiers
Not stated here
Contents of the Online Privacy Notice and U.S. Consumer Privacy Notice are not supplied
Account & Service Control · Procedure
Account communications are delivered electronically under your e-consent
As part of enrolling in the Services you consented to the Electronic Communications Disclosure, which lets Bank of America deliver account-related communications electronically by posting to your secure mailbox or its website, emailing you, or other electronic means. You must provide a valid email address and notify the bank of changes. You agree communications are delivered, in a form you can retain, once emailed or posted on the website, and you can view, save or print PDF versions of account documents on desktop, tablet or mobile.
Supporting quotations
As part of your enrollment in the Services, you consented to the
which allows us to provide you with account-related communications electronically
we will deliver these communications electronically by either posting the communication to your secure mailbox or to our website, sending it to your email address or by other electronic means
You are responsible for providing us with a valid e-mail address to accept delivery of electronic communications and you must notify us of any changes or updates to your email address.
You agree that once we email or post the communications within our website, we have delivered the Communications to you in a form that you can retain.
You have the option to view, save, or print PDF versions of your account documents from the Website via desktop, tablet or mobile device.
Qualifications & exceptions
Delivery is complete once emailed or posted on the website
You must keep your email address current
data: identifiers · purpose: service_operation
Not stated here
The Electronic Communications Disclosure itself is not supplied, including any withdrawal-of-consent or paper-copy terms
Legal Rights & Agreement Rules · Restriction or exception
Either party can require binding arbitration of disputes under the FAA
The agreement says all disputes between you and Bank of America must be resolved by binding arbitration whenever either party chooses to submit a dispute to arbitration or refers a lawsuit filed by the other side to arbitration. When that happens, each party waives the right to have the dispute heard in court, subject to limits described in the Scope of Arbitration section. The arbitration agreement is made under the Federal Arbitration Act for both substance and procedure, and states a goal of effective, efficient and less costly resolution that it is to be interpreted to achieve.
Supporting quotations
all disputes between you and us be resolved by binding arbitration whenever either party chooses to submit a dispute to arbitration or either party refers a lawsuit filed by the other to arbitration
each party waives the right to have any dispute heard in court whenever either party chooses to submit or refer such dispute to arbitration
subject to the limitations set forth further below in the Scope of Arbitration section
This arbitration agreement is entered into pursuant to the Federal Arbitration Act
with respect to both substance and procedure
the goal of proceeding in arbitration shall be to achieve effective, efficient, and less costly resolution between you and us
this arbitration agreement shall be interpreted and applied to achieve that goal
Opt-out of Arbitration Agreement. If you are a consumer (and not a small business), you have the right to opt out of this Arbitration provision. You can opt out at [www.bankofamerica.com/arbitration-optout](https://www.bankofamerica.com/arbitration-optout) or if you prefer to opt out by phone, you must call us at 800.283.8875. You must opt out within sixty (60) days of first delivery of this Arbitration provision. Any other method, form, or means of opting out shall be treated as being invalid or ineffective. If you already have pending litigation or arbitration against/with us when you opt out, any request to opt out of this arbitration clause will not apply to that litigation or arbitration.
unless arbitration is prohibited by law.
The only exception to arbitration of Claims is that both you and we have the right to pursue a Claim in a small claims court instead of arbitration, if the Claim is in that court’s jurisdiction and proceeds on an individual basis, whereas Claims in other courts may be compelled into arbitration by either party.
Qualifications & exceptions
Applies whenever either party elects arbitration or refers the other's lawsuit to arbitration
Subject to the limits in the Scope of Arbitration section
Governed by the Federal Arbitration Act as to substance and procedure
Consumers (not small businesses) may opt out by the specified website or phone method within 60 days of first delivery of the arbitration provision. Opting out does not apply to litigation or arbitration already pending when they opt out.
Either party may pursue an individual claim within a small claims court’s jurisdiction; arbitration is also subject to legal prohibitions.
Legal Rights & Agreement Rules · Restriction or exception
Unless a consumer opts out, court, class action and jury rights are waived
In capital letters, the agreement states that consumers have a right to opt out of the agreement to arbitrate. Unless you are a consumer and opt out in the manner described later, both you and Bank of America waive the right to have a dispute heard by a judge or decided by a court, waive any ability to bring or join a class, representative or consolidated proceeding in court or in arbitration, and waive having claims heard by a jury. Except as stated later in the section, all disputes must be resolved by binding arbitration when either side requests it.
Supporting quotations
CONSUMERS HAVE A RIGHT TO OPT OUT OF THIS AGREEMENT TO ARBITRATE.
UNLESS YOU ARE A CONSUMER AND OPT OUT OF ARBITRATION IN THE MANNER DESCRIBED BELOW
YOU AND WE ARE WAIVING THE RIGHT TO HAVE OUR DISPUTE HEARD BEFORE A JUDGE OR OTHERWISE TO BE DECIDED BY A COURT
YOU AND WE ARE WAIVING ANY ABILITY TO ASSERT OR PARTICIPATE IN A CLASS, REPRESENTATIVE, OR CONSOLIDATED PROCEEDING, WHETHER IN COURT OR IN ARBITRATION, AND TO HAVE ANY CLAIMS HEARD BY A JURY
ALL DISPUTES, EXCEPT AS STATED BELOW, MUST BE RESOLVED BY BINDING ARBITRATION WHEN EITHER YOU OR WE REQUEST IT.
Qualifications & exceptions
Opt-out right is for consumers only
Waivers apply to both you and Bank of America
Class/representative waiver applies in court and in arbitration
Exceptions are stated later in the section
Legal Rights & Agreement Rules · Restriction or exception
Arbitration covers online and mobile services, advertising and ID applications
Claims or disputed issues that arise out of or relate in any way to this Agreement and any Services must be decided by arbitration unless arbitration is prohibited by law. Listed examples, which are not exhaustive, are Zelle, Real Time Payment, Bill Payment, ACH, wire and internal transfers, E-Bills, Online Banking Alerts, Deals and Erica, whether accessed by computer or mobile device. Also included are claims about advertising of products relating to or under this Agreement and about the application for, denial, approval or establishment of your Online/Mobile ID account. Covered Claims go to arbitration regardless of the legal theory or the type of remedy sought, and whether they arose in the past, exist now or arise in the future.
Supporting quotations
Claims or disputed factual or legal issues between you and us that arise out of or relate in any way to this Agreement and any Services
including but not limited to Zelle Network Services, Real Time Payment Network Service, Bill Payment Services, ACH, Wire and Internal Transfer Services, E-Bills, Online Banking Alerts, Deals, and Erica Bank of America’s Virtual Financial Assistant
whether you access such Services through a personal computer or a mobile device
are subject to and must be decided by arbitration, unless arbitration is prohibited by law
any claims or disputed factual or legal issue arising from or relating in any way to the advertising of our products relating to or under this Agreement, or the application for, or the denial, approval or establishment of your Online/Mobile ID account are included
are subject to arbitration regardless of what legal claim or theory they are based on or whether they seek legal, equitable, or statutory remedies
whether they arose in the past, may currently exist, or may arise in the future
Opt-out of Arbitration Agreement. If you are a consumer (and not a small business), you have the right to opt out of this Arbitration provision. You can opt out at [www.bankofamerica.com/arbitration-optout](https://www.bankofamerica.com/arbitration-optout) or if you prefer to opt out by phone, you must call us at 800.283.8875. You must opt out within sixty (60) days of first delivery of this Arbitration provision. Any other method, form, or means of opting out shall be treated as being invalid or ineffective. If you already have pending litigation or arbitration against/with us when you opt out, any request to opt out of this arbitration clause will not apply to that litigation or arbitration.
unless arbitration is prohibited by law.
The only exception to arbitration of Claims is that both you and we have the right to pursue a Claim in a small claims court instead of arbitration, if the Claim is in that court’s jurisdiction and proceeds on an individual basis, whereas Claims in other courts may be compelled into arbitration by either party.
Qualifications & exceptions
Unless arbitration is prohibited by law
List of services is not exhaustive
Covers past, present and future claims
Applies to contract, tort, statutory or other theories and to legal, equitable or statutory remedies
Consumers (not small businesses) may opt out by the specified website or phone method within 60 days of first delivery of the arbitration provision. Opting out does not apply to litigation or arbitration already pending when they opt out.
Either party may pursue an individual claim within a small claims court’s jurisdiction; arbitration is also subject to legal prohibitions.
Legal Rights & Agreement Rules · Procedure
Arbitration discovery is presumptively limited to directly relevant documents
To the extent permitted by law, discovery between Bank of America and you on any Claim is presumptively limited to exchanging documents directly relevant to that Claim, unless the arbitrator orders additional discovery after finding good cause.
Supporting quotations
To the extent permitted by law
the discovery exchanged between Bank of America and you as to any Claim is presumptively limited to the exchange of documents directly relevant to the Claim, absent an order from the arbitrator that good cause exists to require the exchange of additional discovery
Qualifications & exceptions
To the extent permitted by law
Arbitrator may order more discovery for good cause
Legal Rights & Agreement Rules · User right or choice
You or Bank of America may use small claims court instead of arbitration
Both you and Bank of America may pursue a Claim in small claims court instead of arbitration if the Claim is within that court's jurisdiction and proceeds on an individual basis. Either party may compel Claims filed in other courts into arbitration. The agreement calls this the only exception to arbitration of Claims, and the waiver section repeats that you give up your right to go to court except for small claims matters or as otherwise provided in the agreement. The same section also separately provides a consumer opt-out, a carve-out where arbitration is prohibited by law, and a move to court if the class and consolidation limits are held unenforceable for a Claim.
Supporting quotations
The only exception to arbitration of Claims is that both you and we have the right to pursue a Claim in a small claims court instead of arbitration, if the Claim is in that court’s jurisdiction and proceeds on an individual basis
whereas Claims in other courts may be compelled into arbitration by either party
By accepting this arbitration agreement you GIVE UP YOUR RIGHT TO GO TO COURT except for matters that may be taken to a small claims court or as otherwise provided for in this agreement.
CONSUMERS HAVE A RIGHT TO OPT OUT OF THIS AGREEMENT TO ARBITRATE.
unless arbitration is prohibited by law
then the Claim must be handled through litigation in court instead of by arbitration
Qualifications & exceptions
Claim must be within the small claims court's jurisdiction
Claim must proceed on an individual basis
Claims in other courts may be compelled into arbitration
Described as the only exception, though other provisions in the section also lead outside arbitration
Not stated here
The waiver section refers to matters 'as otherwise provided for in this agreement' without listing them
Legal Rights & Agreement Rules · Context
Account-service claims follow the account agreement's arbitration terms
If your Claim concerns services provided under your account agreement rather than the online or mobile Services covered by this Agreement, the agreement directs you to the arbitration terms in your account agreement, noting that other terms and exceptions may apply to your Claim and circumstances.
Supporting quotations
If your Claim concerns services provided under your account agreement and not to the online or mobile Services covered by this Agreement, refer to the arbitration terms in your account agreement
as other terms and exceptions may apply to your Claim and individual circumstances
Qualifications & exceptions
Applies to claims about account-agreement services, not online/mobile Services
Not stated here
The arbitration terms and exceptions in the separate account agreement are not supplied here
Legal Rights & Agreement Rules · Restriction or exception
Claims proceed individually; no class, joined or consolidated proceedings
Arbitration proceeds only on an individual basis, so class actions, consolidated actions and similar proceedings are not available, and you may not join your Claims with other persons on other accounts. Unless you are a consumer who opts out, both sides waive the right to bring or join class, representative or consolidated proceedings in court or arbitration and waive a jury, as permitted by law. The arbitrator has no authority to hear a Claim as a class or representative action, to consolidate Claims of separate claimants except claimants on the same account, or to make an award for or against anyone other than the named individual party.
Supporting quotations
Arbitration will proceed on an INDIVIDUAL BASIS, so class actions, consolidated actions, and similar proceedings will NOT be available to you.
Claims in arbitration will proceed only on an individual basis.
you may not join your Claims with other persons on other accounts in the arbitration
UNLESS YOU ARE A CONSUMER AND OPT OUT OF THIS AGREEMENT TO ARBITRATE
YOU AND WE ARE WAIVING THE RIGHT TO ASSERT OR PARTICIPATE IN A CLASS ACTION, OR ANY REPRESENTATIVE OR CONSOLIDATED PROCEEDING IN COURT OR IN ARBITRATION
AND ARE WAIVING THE RIGHT TO HAVE A JURY DECIDE ANY CLAIM, AS PERMITTED BY LAW
The arbitrator shall have no authority to entertain any Claim as a class action or on any other similar representative basis
nor shall the arbitrator have any authority to consolidate Claims brought by separate claimants (except for claimants on the same account)
the arbitrator also shall have no authority to make any award for the benefit of, or against, any person other than the individual who is the named party
Qualifications & exceptions
Unless you are a consumer and opt out
Consolidation is allowed only for claimants on the same account
Jury waiver applies as permitted by law
Legal Rights & Agreement Rules · Restriction or exception
If class limits are held unenforceable, the Claim goes to court instead
If the terms prohibiting class, representative or consolidated procedures are held legally unenforceable for any reason as to a Claim, that Claim must be handled through litigation in court instead of arbitration. That litigation remains subject to the parties' agreement to waive a jury trial.
Supporting quotations
If these terms prohibiting class, representative, or consolidation procedures are held to be legally unenforceable for any reason with respect to a Claim, then the Claim must be handled through litigation in court instead of by arbitration, subject to the parties’ agreement to waive the right to have a jury decide any claim.
Qualifications & exceptions
Triggered only if the class/representative/consolidation prohibitions are held unenforceable for a Claim
Remains subject to the agreed jury waiver
Legal Rights & Agreement Rules · Context
Mass arbitration claims face additional requirements
Individual Claims filed as part of a "mass arbitration" are subject to additional requirements set out in a separate Mass Arbitration section later in the agreement.
Supporting quotations
For individual Claims filed as part of a “mass arbitration,” as that term is defined herein, the additional requirements set forth in the Mass Arbitration section below shall apply.
Qualifications & exceptions
Applies only to Claims filed as part of a mass arbitration as defined later
Legal Rights & Agreement Rules · User right or choice
Consumers may opt out of arbitration online or by phone within 60 days
Consumers (not small businesses) may opt out of the arbitration provision at www.bankofamerica.com/arbitration-optout or by calling 800.283.8875, and must do so within sixty (60) days of first delivery of the provision; any other method is treated as invalid or ineffective. An opt-out does not apply to litigation or arbitration already pending against or with Bank of America. Opting out affects only this arbitration agreement, not the agreement's other provisions, other arbitration agreements, or accounts whose opt-out period has already passed.
Supporting quotations
If you are a consumer (and not a small business), you have the right to opt out of this Arbitration provision.
You can opt out at [www.bankofamerica.com/arbitration-optout](https://www.bankofamerica.com/arbitration-optout) or if you prefer to opt out by phone, you must call us at 800.283.8875.
You must opt out within sixty (60) days of first delivery of this Arbitration provision.
Any other method, form, or means of opting out shall be treated as being invalid or ineffective.
If you already have pending litigation or arbitration against/with us when you opt out, any request to opt out of this arbitration clause will not apply to that litigation or arbitration.
Opting out of this Agreement to arbitrate will not affect or opt out of the other provisions of this agreement.
your decision to opt out will apply only to this arbitration agreement and not any other arbitration agreement or any accounts for which the opt out period has already passed
Qualifications & exceptions
Consumers only, not small businesses
Deadline: 60 days from first delivery of the arbitration provision
Only the website or phone number are valid methods
Does not affect already-pending litigation or arbitration
Does not reach other arbitration agreements or accounts whose opt-out period has passed
Not stated here
How 'first delivery' is determined is not specified
Legal Rights & Agreement Rules · Procedure
AAA administers arbitration; this agreement controls over AAA rules
Arbitrations are administered by the American Arbitration Association under its Consumer or Commercial Arbitration Rules, as applicable, in effect when the arbitration begins, plus its Mass Arbitration Supplementary Rules for mass arbitrations. A single arbitrator conducts proceedings under the Consumer Rules, while each mass arbitration case uses a Process Arbitrator and a single Merits Arbitrator. If AAA rules conflict with this arbitration agreement, the agreement controls; if AAA cannot handle the Claim, a neutral arbitrator chosen by the parties (or by a court under the FAA if they cannot agree) arbitrates under AAA procedural rules.
Supporting quotations
Arbitrations between us shall be administered by the American Arbitration Association
The AAA shall apply its Consumer Arbitration Rules or Commercial Arbitration Rules, as applicable, in effect at the time the arbitration is commenced and the Mass Arbitration Supplementary Rules to mass arbitration matters.
A single arbitrator shall conduct proceedings under the Consumer Arbitration Rules, and a Process Arbitrator and single Merits Arbitrator shall conduct each mass arbitration case.
If there is a conflict between the applicable AAA rules and procedures and this arbitration agreement, this arbitration agreement will control.
In the event that AAA is unable to handle the Claim for any reason, then the matter shall be arbitrated instead by a neutral arbitrator selected by agreement of the parties (or, if the parties cannot agree, selected by a court in accordance with the FAA), pursuant to the AAA rules of procedure.
Qualifications & exceptions
Rules in effect when the arbitration is commenced
Arbitration agreement prevails over conflicting AAA rules
Fallback arbitrator if AAA cannot handle the Claim
Not stated here
AAA Consumer, Commercial and Mass Arbitration Supplementary Rules are not supplied
Number of arbitrators under the Commercial Rules is not stated
Legal Rights & Agreement Rules · Restriction or exception
Arbitration filings and rulings are confidential and non-precedential
All pleadings, information and documents exchanged in arbitration, and the arbitrator's ruling, are to be treated as confidential and have no precedential value. However, if either party seeks to confirm the arbitrator's decision in court, the documents needed for confirmation do not have to be filed under seal.
Supporting quotations
All pleadings, information and documents exchanged, and the arbitrator’s ruling shall be treated as confidential and have no precedential value.
However, if either Party seeks to confirm the arbitrator’s decision in court, the Parties agree that the documents necessary for such confirmation need not be filed under seal.
Qualifications & exceptions
Exception: documents needed to confirm a decision in court need not be sealed
Legal Rights & Agreement Rules · Procedure
Arbitrator powers: early rulings, applicable law, limits and sanctions
On either party's motion, any arbitrator has the power to decide dispositive legal issues before a full merits hearing, consistent with Federal Rules of Civil Procedure 12 and 56, and will decide the Claim under applicable substantive law and recognized principles of equity. The arbitrator will determine whether the claimant completed the steps needed to start the case, apply the governing law's statutes of limitations, and honor privileges recognized by law. The arbitrator may award damages or relief permitted by law and the agreement, including stated limitations that the agreement refers to once as 'set forth below' and once as 'set forth above' without identifying them. The arbitrator also has the same power as a federal court to sanction represented parties or counsel for violating the standards of Federal Rule of Civil Procedure 11(b) or 28 U.S.C. section 1927.
Supporting quotations
upon motion by either of us, any arbitrator shall have the power to decide dispositive issues of law prior to a full merits hearing, consistent with Federal Rules of Civil Procedure 12 and 56
will decide the Claim in accordance with all applicable substantive law and recognized principles of equity
The arbitrator will determine whether the claimant has completed the steps necessary to initiate the suit.
The arbitrator will construe the Claim under the applicable statutes of limitations provided for under the governing law.
The arbitrator will honor all claims of privilege recognized by law.
The arbitrator will have the power to award to a party any damages or relief as permitted by the law and the agreement between you and us (including the limitations set forth below).
(including the limitations set forth above)
the arbitrator has the same power as a federal court to impose sanctions against any represented party or counsel for any violation of the standards of Federal Rule of Civil Procedure 11(b) or 28 U.S.C.
Qualifications & exceptions
Early dispositive rulings require a motion by either party
Relief is limited to what law and the agreement permit, including stated limitations
Sanctions apply to represented parties or counsel
Sanction standards: Federal Rule of Civil Procedure 11(b) or 28 U.S.C. section 1927
Not stated here
Which specific 'limitations' on damages or relief are meant is not identified; the two cross-references point in opposite directions
Legal Rights & Agreement Rules · Restriction or exception
Arbitrator decides arbitrability; a court decides if an agreement exists
All issues are for the arbitrator to decide, including the scope of the arbitrator's own jurisdiction and whether individual claims are arbitrable. The exception is whether the parties entered into an agreement to arbitrate at all, which is for a court of competent jurisdiction to decide.
Supporting quotations
All issues are for the arbitrator to decide, including the scope of his or her own jurisdiction, and the arbitrability of individual claims
except that questions of whether the parties have entered into an agreement to arbitrate are for a court of competent jurisdiction to decide
Qualifications & exceptions
Formation of the arbitration agreement is reserved to a court
Legal Rights & Agreement Rules · Procedure
Court venue is the state where the deposit account is located
For disputes about whether this Agreement exists, or Claims the arbitrator determines are not arbitrable, the parties consent to jurisdiction and venue in an appropriate court in the state where the deposit account is located.
Supporting quotations
For disputes regarding the existence of this Agreement, or for any Claims that the arbitrator determines are not arbitrable, the parties consent to jurisdiction and venue in an appropriate court in the state where the deposit account is located.
Qualifications & exceptions
Applies to disputes over the Agreement's existence and Claims found non-arbitrable
Not stated here
Which state applies is not addressed for customers without a deposit account or with deposit accounts in multiple states
Legal Rights & Agreement Rules · Procedure
Information you must include when you file an arbitration demand
In addition to the AAA's own rules, when you start an arbitration case you agree to provide your name, full account number, mailing address, phone number, email address, a factual description of each disputed transaction (date, amount, type) and/or event (date, location, people involved), the basis of your Claim, and an itemized calculation of all claimed damages. If you have a lawyer, you must also provide a signed statement authorizing Bank of America to share information about your account and the Claim with that lawyer. Leaving this information out may lead to dismissal of your Claim, but you may refile once you provide it.
Supporting quotations
In addition to the requirements set forth in the AAA Rules
you will provide your name, full account number, mailing address, telephone number, email address, a factual description of every disputed transaction for which you seek compensation (date, amount, and transaction type) and/or event (date, location, and individuals involved), explanation of the basis of your Claim, an itemized calculation of all alleged damages
if represented by counsel, a signed statement authorizing us to share information regarding your account and the Claim with them
failure to provide this information may result in dismissal of your Claim, though you have the right to refile once you provide the information described in this section
Qualifications & exceptions
Applies in addition to the AAA Rules
Counsel authorization statement only if you are represented
Dismissal for missing information is not final; you may refile once the information is provided
The AAA Rules referenced are not supplied in this source
Legal Rights & Agreement Rules · Restriction or exception
You must personally sign the demand and certify compliance with Rule 11(b)
You must sign the arbitration demand yourself, and if you have a lawyer, the lawyer must sign it too. By submitting the demand, you (and your lawyer, if any) represent that you are complying with Federal Rule of Civil Procedure 11(b), as you would in court.
Supporting quotations
You must personally sign the demand for arbitration (and your counsel must also sign the demand, if you are represented by counsel).
you (and your counsel, if you are represented) represent that, as in court, you are complying with the requirements of Federal Rule of Civil Procedure 11(b)
Qualifications & exceptions
Counsel must also sign if you are represented
Not stated here
The source does not restate what Federal Rule of Civil Procedure 11(b) requires
Charges & Financial Obligations · Company practice
Arbitration fees are split as the applicable AAA rules allocate them
Each party pays the arbitration fees that the applicable American Arbitration Association (AAA) rules assign to it. The agreement does not itself state the amounts.
Supporting quotations
Each Party will be responsible for the arbitration fees as allocated by the applicable AAA rules (www.adr.org).
Qualifications & exceptions
Allocation follows the applicable AAA rules
Not stated here
The AAA rules and fee schedules (www.adr.org) are not supplied, so the dollar amounts each party pays are not stated here
Legal Rights & Agreement Rules · Permission or license
Arbitrator may impose sanctions and shift fees for frivolous or improper claims
The arbitrator may grant any relief or impose any sanctions available under the substantive standards of Federal Rule of Civil Procedure 11, 28 U.S.C. § 1927, or applicable state law against represented parties and their lawyers. If the arbitrator finds that your claim or Bank of America's claim, or the relief sought, was frivolous, made without sufficient reasonable inquiry and/or a good-faith basis, or brought for an improper purpose (measured by the standards of Rule 11(b) and/or 28 U.S.C. § 1927), the arbitrator may reallocate compensation, expenses, and administrative fees (including filing and hearing fees) as justice requires and applicable law permits.
Supporting quotations
The arbitrator is authorized to afford any relief or impose any sanctions available under the substantive standards established by Federal Rule of Civil Procedure 11, 28 U.S.C. § 1927, or any applicable state law on represented parties and their counsel.
If the arbitrator finds that either the substance of your or our claim or the relief sought was frivolous, without sufficient reasonable inquiry and/or a good faith basis, or was brought for an improper purpose
(as measured by the standards set forth in Federal Rule of Civil Procedure 11(b), and/or under 28 U.S.C. § 1927)
the arbitrator may reallocate compensation, expenses, and administrative fees (which include filing and hearing fees) as justice requires, and as permitted by applicable law
Qualifications & exceptions
Applies to either party's claim
Sanctions provision refers to represented parties and their counsel
Frivolousness and improper purpose measured by Rule 11(b) and/or 28 U.S.C. § 1927 standards
Fee reallocation limited to what applicable law permits
Legal Rights & Agreement Rules · Restriction or exception
Mass arbitration rules apply to 25+ similar claims with coordinated counsel
If your Claim is filed as part of a "mass arbitration" — 25 or more arbitration claims involving the same or similar subject matter and/or legal or factual issues, where all claimants' representation is the same or coordinated — additional Mass Arbitration Procedures apply. The agreement says these procedures are designed to streamline claims cost-effectively, keep large-volume filings from burdening resolution, and preserve the integrity of arbitration. You agree to them even though they may delay arbitration of your individual Claim. If at any point you are unsatisfied with the speed, you may withdraw your demand and proceed in small claims court, if the Claim is within that court's jurisdiction and proceeds individually.
Supporting quotations
twenty-five (25) or more arbitration claims involving the same or similar subject matter and/or issues of law or fact, and where representation of all claimants is the same or coordinated across the cases
lead to the streamlined and cost-effective resolution of claims
ensure that large volume filings do not impose unnecessary burdens or impediments
preserve the integrity of the arbitration process
You agree to these procedures even though they may delay the arbitration of your individual Claim.
If at any point you are unsatisfied with the speed by which your matter is proceeding in mass arbitration
you are free to withdraw your arbitration demand and proceed in small claims court if the Claim is in that court’s jurisdiction and proceeds on an individual basis
Qualifications & exceptions
Threshold: 25 or more claims with the same or coordinated representation
May delay your individual Claim
Small claims alternative only if within that court's jurisdiction and individual
Legal Rights & Agreement Rules · Procedure
A Process Arbitrator is appointed before merits in a mass arbitration
In a mass arbitration, a "Process Arbitrator" is appointed before any arbitrator is assigned to decide the merits of your Claim, with authority to ensure the Mass Arbitration Procedures and AAA rules are followed. The Process Arbitrator is selected under the AAA Mass Arbitration Supplementary Rules or any equivalent AAA rule then in effect, or, absent any AAA rule, under the process the agreement describes. In short, each party receives an AAA list of proposed Process Arbitrators and meets and confers to pick a mutually agreeable candidate; if they cannot agree, they submit preferences and the AAA selects one.
Supporting quotations
before an arbitrator is assigned to determine the merit of your Claim, a “Process Arbitrator” will be appointed
The Process Arbitrator will have the authority to ensure these Mass Arbitration Procedures and the AAA rules are followed.
AAA Mass Arbitration Supplementary Rules or any equivalent AAA rule then in effect
or consistent with the process set forth herein in the absence of any AAA rule
each Party will receive a list of proposed Process Arbitrators provided by the AAA and will meet and confer to identify a mutually-agreeable candidate
If the Parties cannot agree, they will submit their preferences to the AAA, and the AAA will select a Process Arbitrator.
Qualifications & exceptions
Applies only to mass arbitrations
Not stated here
The AAA Mass Arbitration Supplementary Rules are not supplied
Legal Rights & Agreement Rules · Permission or license
Process Arbitrator can dismiss mass-arbitration Claims on threshold grounds
In a mass arbitration, the Process Arbitrator, in addition to its authority under the AAA Mass Arbitration Supplementary Rules, may resolve disputes over whether your Claim should be dismissed, for example for failing to comply with the "Mass Arbitration Filing Requirements" or other requirements of the agreement, or on grounds permitted under the Federal Rules of Civil Procedure, including Rule 12. If the Process Arbitrator finds you failed to comply with any requirement, your Claim will be dismissed without prejudice to refiling once the deficiencies are remedied. Based on the information submitted under those filing requirements or any alternative filing requirements then in effect, it may also decide other threshold eligibility issues, including but not limited to whether you had an account with the Bank, experienced the transaction, fee, or event at issue, or cannot pursue the claim due to a clear legal or factual deficiency, and dismiss your Claim as appropriate. It may also decide whether a given dispute about these requirements and procedures is within its jurisdiction, and impose any relief or sanctions available under Federal Rule of Civil Procedure 11, 28 U.S.C. § 1927, or applicable state law.
Supporting quotations
In addition to the authority outlined in the AAA Mass Arbitration Supplementary Rules
the Process Arbitrator shall be empowered to resolve any dispute regarding whether your Claim should be dismissed
you failed to comply with the Mass Arbitration Filing Requirements, any other requirements outlined in this agreement
including Federal Rule of Civil Procedure 12
if the Process Arbitrator finds you failed to comply with any requirement, your Claim will be dismissed, without prejudice to refiling once the deficiencies are remedied
pursuant to any alternative filing requirements then in effect
whether you had an account with the Bank, experienced the transaction, fee, or event at issue, or otherwise cannot pursue the claim due to a clear legal or factual deficiency, and to dismiss your Claim as appropriate
The Process Arbitrator shall have the power to determine whether or not a given dispute regarding these Mass Arbitration Filing Requirements and/or Procedures are within the Process Arbitrator’s jurisdiction.
The Process Arbitrator shall be authorized to afford any relief or impose any sanctions available under Federal Rule of Civil Procedure 11, 28 U.S.C. § 1927, or any applicable state law.
Qualifications & exceptions
Dismissal for noncompliance is without prejudice to refiling once deficiencies are remedied
Applies only to mass arbitrations
Threshold eligibility issues are not limited to the listed examples
Not stated here
"Mass Arbitration Filing Requirements" is not defined elsewhere in the source; it may refer to the Arbitration Demand Filing Requirements, but the text does not say
The AAA Mass Arbitration Supplementary Rules, and any alternative filing requirements then in effect, are not supplied
Legal Rights & Agreement Rules · Procedure
Mass arbitrations proceed in rounds of 30 selected cases
After any disputes within the Process Arbitrator's jurisdiction are resolved, counsel for the claimants and counsel for the Bank each select 15 cases to proceed first to individual merits arbitration, with final hearings within 90 days of selection unless the parties agree to a different period; unless the parties otherwise agree, no Merits Arbitrator may be assigned more than 5 cases. After those first 30 cases are resolved, counsel meet and confer on efficiency, including settlement discussions, mediation or changing the number of cases per stage; if the remaining cases are not resolved, each side selects another 15 cases, each assigned to a different Merits Arbitrator unless the parties agree one may take up to 5, with proceedings again within 90 days of selection unless the parties agree otherwise. After the second set of 30, counsel confer again; if there is no global resolution, on either party's motion the Process Arbitrator can decide to expedite by assigning Merits Arbitrators to all remaining cases at once, and if no motion is made, proceedings continue in sets of 30 cases. Any dispute about these specific procedures is resolved by the Process Arbitrator.
Supporting quotations
Following the resolution of any disputes within the jurisdiction of the Process Arbitrator, if any
counsel for the claimants and counsel for the Bank shall each select fifteen (15) cases (per side) to proceed first in individual arbitration proceedings on the merits of each claim
Unless the Parties otherwise agree, in no event shall any individual Merits Arbitrator be assigned more than five (5) cases.
which shall occur within ninety (90) days of the selection of the cases (unless the Parties agree to a different time period)
After the first thirty (30) cases are resolved, counsel will meet and confer regarding ways to improve the efficiency of the proceedings
including whether to pursue settlement discussions or mediation or to change the number of cases filed in each stage
If the Parties are unable to resolve the remaining cases after the conclusion of the initial thirty (30) proceedings and conferring in good faith
each side shall select another fifteen (15) cases per side to proceed to individual arbitration proceedings
which shall occur within ninety (90) days of the selection of the cases (unless the Parties agree to a different time period)
Each of these thirty (30) cases shall be assigned to a different Merits Arbitrator, though if the Parties otherwise agree, a single Merits Arbitrator may be assigned up to five (5) cases.
After this second set of thirty (30) cases are resolved, counsel will again meet and confer
If the Parties do not reach a global resolution after the second set of cases are resolved
on either Party’s motion, the Process Arbitrator can decide to expedite the proceedings by forgoing more rounds of case selection and instead assigning Merits Arbitrators to all of the remaining cases at once
If no motion is made, this Mass Arbitration Procedure shall continue with thirty (30) cases in each set of proceedings
Any dispute regarding any aspect of the specific Mass Arbitration Procedures outlined in this section shall be resolved by the Process Arbitrator.
Qualifications & exceptions
Time periods and arbitrator caps may be changed by agreement of the parties
Expedited assignment of all remaining cases requires a party's motion after the second round without global resolution, and is at the Process Arbitrator's discretion
Charges & Financial Obligations · Company practice
Mass arbitration case fees are charged only once a case is selected
In a mass arbitration, no AAA per-case fee is assessed for a case until it is selected to proceed to individual arbitration. You and Bank of America agree to take part in the procedures in good faith, which includes agreeing to pay the parties' respective case fee if your case is selected.
Supporting quotations
No AAA per case fee shall be assessed in connection with any case until the case is selected to proceed to individual arbitration proceedings
You and Bank of America agree to engage in these Mass Arbitration Procedures in good faith, which includes an agreement to pay the Parties’ respective case fee if your case is selected.
Qualifications & exceptions
Applies only to mass arbitrations
Fee obligation triggered by selection of your case
Not stated here
The amount of the AAA per-case fee and how it is split are not stated in the source
Legal Rights & Agreement Rules · Restriction or exception
Mass arbitration procedural rulings are not immediately reviewable in court
Disputes about interpreting or enforcing the Mass Arbitration Procedures are decided by the Process Arbitrator, or by the Merits Arbitrator once a case has been released to merits proceedings. Those decisions are treated as interlocutory and are not subject to immediate court review. If any of these procedures is found legally unenforceable, the proceedings continue in arbitration under the AAA's Mass Arbitration Supplementary Rules or an equivalent AAA rule then in effect.
Supporting quotations
Any dispute regarding the interpretation or enforcement of these Mass Arbitration Procedures shall be decided by the Process Arbitrator or, in cases that have been released to merits proceedings, the Merits Arbitrator.
Their decisions regarding the Mass Arbitration Procedures shall be considered interlocutory in nature and not subject to immediate judicial review.
If any terms of these Mass Arbitration Procedures are found to be legally unenforceable for any reason, then the proceedings shall otherwise continue in arbitration in accordance with AAA’s Mass Arbitration Supplementary Rules, or any equivalent AAA rule then in effect.
Qualifications & exceptions
No immediate judicial review of procedural decisions
Unenforceable procedures fall back to the AAA Mass Arbitration Supplementary Rules, not to court
Not stated here
The AAA Mass Arbitration Supplementary Rules are not supplied
Legal Rights & Agreement Rules · Restriction or exception
Arbitration survives changes, account closure, payoff, bankruptcy and sale
The arbitration provisions continue to apply after changes to the Agreement and after your account or relationship with Bank of America ends. This includes the bankruptcy of any party and any sale or assignment of your account, or of amounts owed on it, to another person or entity. The opt-out paragraph adds that the agreement to arbitrate applies without limitation even if your account is closed, sold or assigned, you pay any outstanding debt in full, or you file for bankruptcy.
Supporting quotations
These arbitration provisions shall survive changes in this Agreement and termination of the account or the relationship between you and us, including the bankruptcy of any party and any sale or assignment of your account, or amounts owed on your account, to another person or entity.
This agreement to arbitrate will apply without limitation, regardless of whether 1) your account is closed, sold, or assigned; 2) you pay us in full any outstanding debt you owe; or 3) you file for bankruptcy.
Qualifications & exceptions
Survives changes to the Agreement and termination of the account or relationship
Survives bankruptcy of any party and sale or assignment of the account or amounts owed
Applies even if you pay any outstanding debt in full
Legal Rights & Agreement Rules · Restriction or exception
Invalid terms are severed, but class or representative arbitration is barred
If any part of the agreement is found invalid or unenforceable, the other terms stay in force, except that there can be no arbitration of a class or representative Claim. The arbitration provision cannot be amended, severed or waived except as the agreement provides or by a written agreement between you and Bank of America.
Supporting quotations
If any part of this Agreement is deemed invalid or unenforceable, the other terms shall remain in force, except that there can be no arbitration of a class or representative Claim.
This arbitration provision may not be amended, severed or waived, except as provided in this Agreement or in a written agreement between you and us.
Qualifications & exceptions
No class or representative arbitration even if other terms are found invalid
Changes only as the agreement provides or by written agreement
Legal Rights & Agreement Rules · Restriction or exception
Arbitration award is final and binding, with appeal only as the FAA allows
An arbitration ruling is final, binding, and enforceable by any court with jurisdiction. Neither party may appeal it except as the Federal Arbitration Act (FAA) allows.
Supporting quotations
The arbitration ruling will be considered final and binding, and enforceable by any court having jurisdiction.
No party may seek an appeal of the arbitration ruling, except as provided under the FAA.
Qualifications & exceptions
Appeal only as provided under the FAA
Not stated here
The source does not describe what review the FAA permits