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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
Hello i was also a victim of fraud when some1 withdrew money from my bank of america Edd card the account the money went to is clearly not in my name and bank of america did nothing but send me a letter saying they found no error that the money was deposited to my account correctly i never said it wasnt it was taken out so can you please add me
I have had to have a new card issued every month since the third month I opened my acct at boa two years ago because of fraud on my acct
Bank of America needs to be held accountable for its failure to handle fraud investigations.I was a customer for four years and in the last few months I’ve had my account frozen at least twenty times no exaggeration, and then I deposited a check for 11,000 they put it on hold and denied me access to my account and told me that they were closing the account. I filed complaints and they blatantly lied and said that the hold was removed. They have ruined my life because of the way they treated me over the deposit and then reversed the deposit and said that the check was for 11.00.I’m at my wits end and don’t know what to do.Please add me.
Add me please. They ( B OF A ) have froze my account closed my account over charged my account allowed unauthorized charges then took way too long to correct the problem they created!! I can go on and on. I will never ever bank with them again.!!
Add me please, i am involved with this and have had BOA for 4 years
I had BOA for over 20 years. I finally left because they would not handle my account properly due to charges not done by me and in another state. Add me.
I banked with BOA until 2016 when I started to have my checking account compromised on a weekly basis. I would get texts, emails, and phone calls advising me my card had been frozen due to fraudulent activity. I would be issued a new debit card with each notice. Then finally, I recall speaking with a BOA fraud representative and learned the activities were connected to illegal activity. I was not aware of nor had I approved of any activities involving the referenced fraudulent nor had I been to the countries or states where the crimes were supposedly occurring and state and local law enforcement had been notified. Well, this did it for me. I closed my BOA account and have not looked back.
Add me please. They destroyed me my credit for charge’s I didn’t approve. Then stuck me with late fees so high. They would not work with me and help. Worst credit card. Everyone should get paid for their negllance.
The same thing happened to me. Please add me
BOA definitely doesn’t do there due diligence.
Please add me. I was scammed for over $1500 and BOA failed me big time!
Please add me. My story is so horrific that it put me in a state of debilitating depression