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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
Please add me they owe me and my husband 1500
After 23 years as a BOA customer my 4 accounts are empty due to Them failing to protect my assets. Please add me and help.
Add me please
Similar situation in 2017. Hotel had unauthorized charges on card. I reported the charges, was issued refund with the false pretense the case was resolved in my favor and the file was closed. 3 months pass and without notification the refunded amount from the resolved case was withdrawn from my account. After numerous calls to customer service to address issue. Each one giving me different instructions which lead to run around and no resolution. I final went to my original banks location. They were eager to assist however slightly confused about the situation. Even they had difficulty resolving the issue and weren’t able to solve the problem. The only thing they could give me was a print out of all the transactions and the case file . However the case file they provided me with was the first file that had been resolved and closed. Which did not match the current reason for the reversed refunded money. When I researched the case file I only found the original and no other file. Customer service told me there should have been a new case file that would have been opened even if it’s an appeal to the original matter due to the fact that it was solved and closed. I never found a case file and basically took the hit for about $5000 almost $6000. I still have all the information but never knew what I could do about it. I’m not sure if there is a limitation on time for something like this but seeing this and reading others have had the same problem at least makes me feel like justice will come for at least some. I wouldn’t mind a little justice my way for this.
BofA has denied a claim of $1819.42 and another still pending , totaling $2229.08. The charges were unauthorized auto-billed to my account but BofA is claiming the vendor proved they were authorized. I am waiting for a copy of the evidence they used. Please add me to the class action.
22 years with them and they didn’t protect me as they promise. They cost me over 2000.00 allowing the fraud to win.
Bank of America allowed my account to be wiped out and stolen via unauthorized transfers of funds by someone in Corpus Christi, TX on three separate occasions in August 2021, September 2021, and October 2021. I filed claims with BofA’s fraud departments but still have yet to hear from them concerning resolve. I am requesting assistance regarding this matter please.
Please add me to this law suit I was scammed and my account was blocked by bank of America
Please add me
Victim of zalle scam spoofed caller ID realized in a minuet b of a doesn’t ask full social security number tried to stop payment on hold 45 minutes too late won’t help should be some kind of grace period before releasing funds can’t contact zalle either 44 year customer
Add me please its been over 2 yrs since I disputed over 6,000 in fraud xharges and they didn’t even look at my proof I sent in on 5th they denied on 8th and attached paper on 20th they never even look at it