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Testolin v. Bank of America NA

E.D. Wis. · No. 2:26-cv-01895

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No federal docket timeline hydrated for this case yet (state-court settlements have no RECAP docket).

Our records for this case (1)

MatterTypePractice areaCourtDateValue
Bank of America NAsource ↗
filed by McCarthy Law PLC · Judge Nancy Joseph · No. 2:26-cv-01895 · 15:1681 Fair Credit Reporting Act · view case timeline →
Comparable settlements $2.40M–$100M ▾
Comparable FCRA rulings split: Minano v. DLJ dismissed most furnisher claims for lack of private right of action, while Askins v. CRST allowed bare statutory disclosure claims to survive. Wallingford v. Sallie Mae shows courts skeptical of weak merits showings in credit-reporting disputes.
Comparable settlements $2.40M–$100M median $5.85M · n=10
Equifax $100M · Equifax Informatio $30M · Equifax $30M
Per member (realized): ~$250 median · $25–$500 (n=5)
Comparable verdict: TransUnion $60M · TransUnion, LLC $40M
Key precedent: Minano v. DLJ Mortgage Capital — dismissed FCRA furnisher claims (1681i, 1681c-2, 1681s-2(a)) for no private right of action, a direct risk if plaintiff pleads similar provisions against BofA.
Main risk: Dismissal under FCRA's limited private right of action, as in Minano, especially if claims target furnisher duties under 1681s-2(a) rather than 1681s-2(b).
This defendant: BofA faces recurring FCRA/FDCPA filings (DURGAVARJHULA, ANTON) suggesting repeat exposure but no clear settlement pattern yet on this specific theory.
Rough EV model (wide — class size is the big unknown, not a prediction): $25K–$6.75M
Small sample of mixed-theory comparables; actual complaint specifics, class certification posture, and E.D. Wis. venue tendencies not yet known. · grounded in 10 rulings, 10 settlements, 2 verdicts
FilingConsumer Credit (FCRA/FDCPA)E.D. Wis.2026-10-12$2.40M–$100M
comparable settlements