⚖ Oral Arguments, with Context

Bank of America customers say a pandemic relief program did not deliver the help it advertised. In March twenty twenty, the bank invited customers affected by the coronavirus to request refunds of overdraft and insufficient-funds fees, on a case-by-case basis. Customers sued after requests were denied, saying the assurances had misled them. Their later complaint alleges that extra relief ended in August twenty twenty, while the bank continued promoting the program. The district court allowed the case to proceed as a class action, and the bank is appealing that decision. This is about whether customers can pursue claims together, not a final ruling that the bank owes refunds. Federal Rule twenty-three requires shared questions to predominate over questions affecting individual members for this type of class action. Listen for the difference between shared proof and evidence that has to be examined customer by customer. John Hacker, for Bank of America, will ask the judges to overturn the class certification.

Villatoro Aldana, et al. v. Bank of America, N.A. (No. 25-7934) — U.S. Court of Appeals for the Ninth Circuit, argued October 28, 2026.