OVERVIEW OF THE CASE

Plaintiff Adam P. Kelly and others brought a lawsuit against Countrywide and Bank of America on behalf of themselves and all other current and former Home Loan Consultants and Mortgage Loan Officers who are or were employed from June 18, 2008 to the present. Plaintiffs sued Countrywide and Bank of America to recover minimum wage and overtime compensation on behalf of the entire class. Plaintiffs contend that Countrywide and Bank of America violated the Fair Labor Standards Act ("FLSA") by failing to pay overtime and minimum wage to these individuals.

UPDATE: Conditional Collective Action Certification Granted

The Court recently granted conditional certification for this lawsuit to proceed as a collective action. On October 11, 2011, A Notice of Collective Action Lawsuit was mailed to all potentially eligible individuals, informing them about the case and their right to join. If you are or were employed by Countrywide as a Home Loan Consultant or Bank of America as a Mortgage Loan Officer anywhere in the United States at any time between June 18, 2008 and the present, you should receive the Notice. In addition, if you know of anyone else who may be eligible but has not received the Notice or not joined the lawsuit, please have them contact us by filling out the form below or by calling the third party administrator at 877-320-6996. There is strength in numbers, and it is critical that as many eligible individuals as possible join this litigation prior to the deadline of December 10, 2011.

Deadline to Join

The deadline to return the Consent to Join form and participate in this lawsuit is December 10, 2011. More details about the case are found below.

How to Participate in this Lawsuit

You may either return the Consent to Become a Party Plaintiff ("Consent Form") by mail, postmarked on or before December 10, 2011, or you may submit it electronically on or before December 10, 2011 by visiting http://www.BOALoanOfficerOvertime.com/. You must file a Consent Form to join this lawsuit as a party plaintiff.

FAQs

The Notice of Collective Action Lawsuit contains detailed information that should answer any questions you may have. Click here to view a copy of the Notice. Most importantly, you have a choice to make now:

• ASK TO BE INCLUDED. Join this lawsuit. Await the outcome. Give up certain rights. See Question 5 of the Notice for more details. To be included, you must sign, date and return the Consent to Join form, postmarked no later than December 10, 2011, or submit it electronically by visiting www.BOALoanOfficerOvertime.com.

• DO NOTHING. Do not join this lawsuit. Get no benefits from it. Keep rights. See Question 7 of the Notice for more details.

Is there any money available now?

No money or benefits are available now because the Court has not decided whether Countrywide or Bank of America did anything wrong, and the two sides have not settled the case. There is no guarantee that money or benefits will ever be obtained. If they are, you will be notified of your entitlement to recovery and how to obtain it.

What if I am worried about retaliation?

Federal law prohibits Countrywide or Bank of America from terminating your employment, or in any other manner discriminating or retaliating against you, for taking part in this lawsuit.

Will I have to pay the lawyers and how will the lawyers be paid?

Class Counsel are working on a contingency fee basis. You will not have to pay them anything. They will get paid only if they get money or benefits for the Class. If that occurs, they may ask the Court for their fees and expenses. If the Court grants Class Counsel's request, the fees and expenses would be either deducted from any money obtained for the Class or paid separately by Defendants, or may be a combination of the two.

How can I obtain more details?

If you would like more information about the lawsuit or how to join the case, please visit the case information website at http://www.BOALoanOfficerOvertime.com/, for detailed information about the lawsuit and how to participate. If you still have questions, please fill out the form below, or you can call 877-320-6996. We look forward to representing you.

Click here to view the Complaint.

Click here to view the Certification ruling. 

Click here to download Adobe Reader.