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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’ve had the same with boa they never resolved my unauthorized purchases they said take it up with the merchant which was Amazon and Amazon said take it uo with my bank so ya never resolved I just took it as a loss I have bank statements to prove
I have received letters from Bank of America saying that my account is closed but they owe me money call to request a check if I don’t have a prepaid so requested a check still have not received it ..I have been waiting for 2 years now on unemployment money they froze my account Had to change bank account to even receive my benefits… Because of fraudulent charges
B of a denied over 12k of fraudulent transactions for the same reasons as discussed. “It was your account” when o never had an account with that service. They refused to show any information and I had seen an unauthorized login from another state, but they only store 20 logins?! So they couldn’t even see the information. Destroyed my savings and won’t even talk to me anymore. Please help!
BOA has completely messed up my life. I was in the middle of trying to buy a home and someone made several purchases with out my card present or my consent for multiple airline travel tickets and amenities Grocery stores etc. The transactions were made in states I wasn’t even in or ever even been to and even weirder these transactions never sent security alerts like everything else would or did. My paychecks were automatically deposited so As I went to grab money for rent and bills etc. I was over drafted almost $2000.00 bucks. Pandemic has just started so BOA was closed til further notice or by appointment only. I called dispute the charges immediately. The woman who took the call was not only very rude and disrespectful but very pushy and unhelpful. I told her I had my card on me so how did someone make these transactions? She said it must be someone I allowed. I said absolutely not. So she asked me which charges I wanted to dispute and she would have them investigated. I told several times.. She supposedly got them all down and rushed me off the phone. I waited for her to repeat what I told her but was hung up on. I was already late for work that day so I couldn’t call back and wait over an hour again to speak with them I them receive a email weeks later of their decision 2 days after I called them to dispute? (WT?) I login and find that they denied to return my money because I was trying to fraud them with the ATM transaction I made days maybe even weeks earlier that the phone rep decided to throw into the dispute. I wrote an email back telling SEVERAL times AGAIN of the charges I was disputing and told them I never once told her to put any ATM transaction on there and why would I ???!!!!. I called them and called with no return callback.I disputed over and over. Made complaints with the BBB and several other places. Finally a frauds employee from BOA In Seattle calls me back and plays phone and email tag for weeks just to say he agrees with the first Person’s frauds employees answer from Portland Or. I explained and asked if he had the right info I had to resubmit because his phone rep made a huge mistake putting transactions i never told her and he said there was nothing he could do and the case was closed now anyways. I now have completely mess up my credit history trying to juggle payments and a place to live that I’m now in major debt and behind on everything. No home and a no car (repo-ed) bad credit and having to file bankruptcy with a very sick significant other that should not be in anyway affected by this but has majorly had set backs as well as me in the chain reaction of this BS of BOA’S criminal frauding the customers who trusted they would be safe with them. I am very angry and completely at my rock bottom because of BANK OF FRAUDULENT AMERICA helped and allowed thieves to take every penny of what I worked for and protected them not me.
My name is Christine Ashworth I have been dealing with the Bank of America since 2020 when the pandemic hit. I’m one of the hundreds of unemployment people who had their payments for the Department of Labor issued in our debit cards thru BOA, a class a tion suit was filed in Calif on behalf of the individuals who also had their accounts hacked, frozen,and not thoroughly investigated. I live in Kansas I can prove this was done to me . Nobody wants to go up against BOA. On July 14,2022 the CFPB filed a court consent order stating they are to reimburse all victims of their not following Federal regulations and taking our money with no investigation or reimbursement of funds. I have just now heard from them and they are still trying not to refund my money. If somebody out there can help me please let me know it’s over 8,000 they owe me plus the violation of the pandemic laws at that time. Thank you
There are currently 24 fraudulent Facebk charges on my Bank of America business Mastercard, not to mention a slew of other crazy charges from “myblackally” and a business in Istanbul. On one particular day in August “Facebk” hit my card ten times in a row for $1,000; and Bank of America didn’t catch that??? It is so obviously fraudulent! Today is day 34 since I notified Bank of America of the fraudulent charges, that have forced my card above my credit limit, and they have yet to even include all the charges in the claim. I have talked to the bank 5 times now, and every time they assure me with eerily similar wording that everything will be taken care of and I have nothing to worry about. The problem is that my sub contractors can no longer use their company cards to buy materials, and nothing ever actually changes!
I was left on the hook for 11k because my debit card was used on some crypto purchasing app I had never heard of. I disputed and they said that because the account had my name on it, then I was denied after 100+ days. I explained that I filed a report that my identity was stolen previously. I sent them the copy of my police report. Still denied. Also, I had 2 transactions on zelle I reported. And they claimed it was made with our ip address When asked to show me where it shows that(because I had seen a suspicious login from out of state), they claimed to be unable to see because they only stored info from the last 20 logins. Unbelievable
Bank of America Account Takeover per Tyler Owens Opening Branch Frauded ACCOUNT
2 months ago I have filed a dispute for unauthorized transaction on my account and have not got any response due to the money that was taken from my account I have been evicted and having major finical hardship
How do I become part of this class action suit. I believe I was charged fees that I disputed to no avail