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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
Boa denied me of filing a dispute after I contacted them about my EDD debit card transaction from 2020…. I was diagnosed with stage 3 Hodgkin’s lymphoma cancer and wasn’t capable of using any atms going to stores to make any purchases not even think about buying anything talking on a phone or any normal life activity because of my pain …hospitalization…. Inability to walk ECT and they denied me to even file a dispute saying I need to go into a branch and they couldn’t give me any further information….. Pls add me
Bank of america has ruined my life they are crooks. My edd benefits were stolen and they won’t reimburse my benefits or issue me provisional credit. They have denied my claim 4 times. First they denied it the day after I opened my claim. Meaning they used a fraud filter. Then closed my account and blamed edd authorized it. Which edd denied making them reopen it. Then they froze my account and only gave me $217 from all my edd benefits that were stolen which they westerner union me since they mailed me a card with a chip that I couldn’t activate till I went to a branch and verify myself. Did all that for nothing because the new card with chip had no money in it and they won’t reimburse my money… I have 5 kids to feed. I lost my apt. Because of bank of America’s failure to help victims of stolen funds. They have no heart. They should be shut down. They are the worst to people in need. They don’t care they are injust and unfair and deceptive to. Their zero fault promise
BofA has continually denied me of my refund for fraudulent zelle made on my account. And instead of BofA requesting my funds back from another bank. BofA fired me from my supervisor position because they didn’t want to investigate nor requested funds from the other bank. So instead was fired from my position with my last check being 100$ when I worked a whole 40 hour shift before being fired and making 17.50/hr. Can’t get an answer from my old supervisor or HR…
First I have had several accounts main 2 unemployment I never received all. Rep entered every claim in and I was told I should have had over 10000.
In conclusion I sold my house and over 80000 was missing I tried to get money back they told me I did send a paper in… I NEED ALL MINE
It’s been 2 and a half years and bank of America still has not paid me for unauthorized charges to my card , I provided police report , identity documents several times and letters to re claim and to no avail nothing’s has transpired but the the same message no error 😔
I had filed a claim do to un authorized transaction as well then it was denied then I got a letter stating that I can reopen my claim so I did that as well and still got denied so please add me..
I had filed a claim do to un authorized transaction as well then it was denied then I got a letter stating that I can reopen my claim so I did that as well and still got denied so please add me..
I was effected by zelle unauthorized payment and claim reimbursement
I had two situations just like this. They denied my disputes and I appealed them because it wasn’t until the Exact 10th day that They was suppose to Credit my account and instead denied my claim. When I asked for proof of the investigation like mentioned in the Decision. It was then told that they didn’t have any and that my claim would be reopened for further investigation again I was given 10 more days that I felt wasn’t a option considering they Already denied it based off of a investigation that they lied about doing and wanted me to wait another 10!days to do the proper investigation that wasn’t done in the beginning. But get this I was then told that I was again denied because the voice that’s filed the claim was the same voice that approved the transactions… I was beyond frustrated and Still lost My Money to someone that stole My Phone with all my information and bank accounts. Please Add Me and Also inform Me on how I can inquire about My own individual lawsuit if I can’t get justice in this one .
Please add me