Sarah Valelly v. Merrill Lynch, Pierce, Fenner & Smith IncorporatedValelly v. Merrill Lynch, Pierce, Fenner & Smith Inc.Case No. 1:19-cv-07998-VEC

Welcome to the Valelly v. Merrill Lynch Website

If you had a Merrill Edge retirement account any time between December 15, 2016 and March 15, 2020, a class action may affect your rights

What is this Lawsuit about?

Plaintiff alleges that Merrill Lynch, Pierce, Fenner & Smith Incorporated (“Merrill”) failed to pay a reasonable rate of interest on cash balances in customers’ Merrill Edge self-directed retirement accounts automatically swept into deposit accounts at Merrill-affiliated banks through the Retirement Asset Savings Program (“RASP”).

What happens if I do nothing at all?

If you are a member of the Class and do nothing, you will stay in this lawsuit and your legal rights will be determined in this lawsuit.  If Plaintiff wins or settles the lawsuit, you will be notified about how to get money or other benefits. If Plaintiff loses this lawsuit, you will not get any money or other benefits.  If you do nothing now, regardless of whether Plaintiff wins or loses, you will be legally bound by the orders the Court issues and judgments the Court enters in this class action lawsuit.  Please note that you will not be required to pay any costs or expenses if Plaintiff loses. 

Please advise the Administrator of any changes to your email or postal mailing address so that information can be sent to you if there is a future judgment or settlement in this lawsuit. 

Excluding yourself from the Class

If you do not want to be a part of the Class for any reason, including that you would rather keep your right to sue or continue to sue Merrill on your own regarding the facts and legal issues in this case (subject to any potential defenses raised by Merrill, such as the statute of limitations), then you must take steps to get out of the Class. This is called excluding yourself or is sometimes referred to as “opting out” of the Class.

Who is included?

You are a Class Member if you had one or more Merrill Edge retirement accounts with cash balances that were swept pursuant to RASP at any time during the period December 15, 2016 through March 15, 2020.

Your Legal Rights and Options

These deadlines may be moved, canceled, or otherwise modified, so please check this site regularly for updates.

Option & Due DateStatusEvent Description

Do Nothing

Explanation:
  • Stay in the Class.
  • Be bound by all judgments in this case. 
  • Keep the possibility of getting money or benefits that may come from any trial or settlement.

Give up your right to sue or continue to sue Merrill on your own about the same legal claims in this lawsuit.

Exclude Yourself Postmarked by

July 22, 2026

Status: UpcomingExplanation:
  • Remove yourself from the Class.
  • You will not be bound by any judgments in this case.
  • Give up your right to get any money or benefits that may come from any trial settlement.

Keep your right to sue or continue to sue Merrill on your own about the same legal claims in this lawsuit.

Trial Date

October 13, 2026

Status: UpcomingExplanation:

You do not need to attend the trial. If you want your own lawyer to enter an appearance on your behalf, you may hire one at your expense.

For More Information

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