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Bank of America class action overview:
- Who: A Bank of America credit card customer is suing the company.
- Why: The customer says the bank does not properly investigate unauthorized card use claims and instead places liability for such transactions
- Where: The lawsuit was filed in a Hawaii federal court.
Bank of America (BoA) does not properly investigate unauthorized card use claims and instead places liability for such transactions on its customers, a new class action lawsuit alleges.
Plaintiff Ji-Hye Park filed a complaint against Bank of America N.A. Aug. 18 in a Hawaii federal court, alleging violations of the Truth in Lending Act.
According to her lawsuit, Park received a “fraud alert” text message from Bank of America in January asking whether she had used her bank card for three attempted transactions, one of which was approved on her card for $2,000.
Park says she replied to her bank saying she had not authorized the transaction, however BoA still posted two $2,000 charges to her account that were unauthorized. She disputed the charges, and a $4,000 credit was issued, however she says the charges were reposted to her account about a month later with no explanation given.
Later, disputing the transactions again, BoA told Park that a company named Axus provided documentation confirming she received its services. When she asked to see the documents, she said they were “scattered” and unconvincing.
“Most notably, the documents identified the plaintiff’s IP address… as ‘Taipei, Taiwan.’ Plaintiff, of course, lives in Hawaii,” the lawsuit states. “She also has never been to Taiwan or used her Bank of America credit card there.”
BoA didn’t do due diligence in investigation, lawsuit alleges
Park alleges that BOA didn’t do its due diligence in investigating the fraud, instead relying “blindly” on documents furnished by Axus.
In doing this, the bank violated Section 1643 of the Truth in Lending Act, which prohibits credit card issuers from holding cardholders responsible for unauthorized charges “without complying with specific requirements,” she says.
“Bank of America refuses to undertake any meaningful investigation because shifting the loss to the cardholder is more cost-effective than ruling for the cardholder and risking a prolonged dispute with the merchant,” the complaint states.
She is looking to represent anyone in the United States who was wrongly held liable for fraud on their credit card account in the past year, and seeking damages of up to $1 million or 1% of the net worth of Bank of America, certification of the class action, fees, costs and a jury trial.
Meanwhile, Bank of America has agreed to pay $8 million to end class action claims it hit customers with multiple fees on the same checks in violation of their account agreements.
Were you impacted by Bank of America’s fraud investigation policies? Let us know your experience in the comments!
Park is represented by Andrew J. Guzzo of Kelly Guzzo PLC.
The Bank of America unauthorized card use class action lawsuit is Park v. Bank of America NA, Case No. 1:22-cv-00382, in the U.S. District Court for the District of Hawaii.
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116 thoughts onBank of America class action alleges company does not properly investigate unauthorized card use
I need to be added to this lawsuit I have proof that they deny claims with out making contact with the other party after informing them of suspected unauthorized charges and identity theft. They even unlocked my bank account and I spoke to a fraud supervisor and they apologized for an employee forgetting to close my account after working on it. My camera caught me asleep with phone on my bed and that was my proof that I did not unlock my phone at the hour it shows it was unlocked. My phone alerted me when I woke that my phone was unlocked like at 3AM., said it was UTC time doesn’t matter I was asleep and my phone was with me. IF that is true that employees unlock accounts while working on them, then that is not a safety feature as advertised that you can count on.
I would like to be added to this lawsuit. I lost about 10K during the pandemic.
I have had the worse experience with BofA’s fraud investigation and denied claims with no explanation.
Add me
yes i was hacked on my account they changed passwords and hacked my dmv but i hae been fighting them for fraud and identity theft they just transfer me over and over all my messages are recorded please i want to sue for 1 million for losing my money im housebound and i dont use my card no one drives me i stay at home due to a trauma and im completley worn out i am always disputing these merchant charges
In 2021 My account received 10,000 dollars in fraudulent charges. All of the charges were from 5websites that I had never heard of and all had debits of the same amount either 20 or 50 or 100 debited like 20 times in a row on the same day or even the same hour some were like 2 minutes apart for days. I received no alert. I immediately stopped my debit card after noticing a week later and filed a claim. my card was cancelled and waited for a response 2 days later my claim was denied. and I never received compensation. the 2000 left in my account was depleted by same companies even know I cancelled card. I filed a claim for those charges and was denied the next day. That was all of my savings and money . it devastated me and so many life changing events were the cause of this happening. I cannot see how all of those charges could have been investigated from 5 or 6 sites in 1 and a half days.