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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 was a victim of an unauthorized card usage also for the amount of $1000 withdrawal. It happened in Vegas and I was at home in bay area sick. I submitted complaint and it literally took BOA over a year to put my money back on my card. I asked them over and over again I need to know how you came to the conclusion that it’s not fraudulent they couldn’t so I submitted complaint to a regulator over them and told them if you can’t show me how I’m responsible then your gonna put my money back. Just denying claims because yah don’t want to pay out. Foolish
I am in the same boat as the suit above. I have provided proof that there was a data breach on my credit report and I had $2,243.00 in charges and they refuse now to investigate stating that I should of been aware of what was going on and It was not I that decided to put the dispute into effect, it was a Dispute Claims Representative who decided on her own to go back almost a year in fees associated with the fraud. I have had three different statements from them: stating they can’t go back prior to 60 days; they can’t go back prior to 100 days; and finally, they decided to not investigate. so right now my checking account is in negative for the above amount due to their negligence of doing their job I closed the debit card in question and since I have had no disputes. I have tried to reach out to the merchant by the way is on facebook and gaming through google to no satisfaction at all stating to me they cannot bring up history of charges. I am furious beyond believe as I did not make these charges and at the time, my mom was in ill health and has since passed on but I told them that I was in the middle of all of this so if I did not see these charges for less than $2.50 daily or less than $10.00 who would Please add me to this Class Action Suit as I am fed up with trying to talk to BOA.
Joanne
I “NEED ” a lawyer to call me back I don’t know what to do!!! And please put me on the class action lawsuit. BOA FROZE ME OUT OF MY ACCOUNT FOR QUITE A WHILE TO PROVE IT Was me before eventalking to me about anything on my acc., they kept me froze out past the date of them being liable for my card use. Then issued me a new card with 0 $ on it… OK prior to that 6 months or more I get a letter saying suspicious fraud for $4000.00 I was froze out , they would not let me talk to them . I get another letter saying same but for $6000.00 . Tried to put a claim in and they said a claim was already entered I said that was not me and argued they would not give me a supervisor said they would say the same….well the $6000.00 got denied oh and told me it was taken out with their mobile app. To this day I never used their mobile app. Nobody said anything about the 4000.00 $ unauthorized Transaction that’s gone and that was the first unauthorized transaction that took place! . Don’t know if I should go to Bank or how to find a lawyer.
PLEASE HELP, IF SOMEONE COULD CONTACT ME ASAP!!!
Bank of America stole over $ 100.000, and their manager quit after cutting up my card and stealing my statement which had changed from a checking account to a money market fund with out my knowledge nor permission. This has been going on from 2004 to present. Wells Fargo allowed transactions of fraud and their mediation Judge; Susan Zwick who stated the Wells Fargo need to return my money back. there was close to $10.000 that Wells Fargo Dispense as well as committing fraud on my Credit Card by The Branch in Newnan Georgia. The crimes these banks are perpetrating is criminal and there should be a resolution to all the victims including getting ALL THEIR KONEY BACK PLUS STATUTORY INTEREST
I had the same situation in Sept of 21 and they had a rejection letter in the mail before I even got off the phone with me I knew something was wrong with that..
I have not yet to hear back from anyone in regards to my lawsuit,please get back with me at your earliest convenience.
I was the victim of a unauthorized withdrawal from my EDD bank of america account. I asked for the provisional credit and it was not given to me. It took bank of america almost 30 days to re issue my money to me. For a whole month I was broke and had to take out several loans in order to take care of basic living needs and bills etc… Because of interest on a couple of the loans I am still in debt because they were not willing to give me the provisional credit in which they found out that this had nothing to do with me. Someone else was able to withdraw this 963.00 from my account.
Same situation someone stole almost 3000 dollars from my account and no even 10 days they say I do the transaction I have a proff was not like but they don’t care
They are the worst my account was not overdraft and they said it was over 1,500.00 add me they don’t even let you go that far over liars
i was a victim of identity theft and fraud and they closed my account and reported to chexsystems and early warning sign after i made them aware of what was going on. add me to the class action suit
I had 2 disputed claims in 2021 for the amount of 10,663 for the first one and 680 for the second. They gave me a provisional credit for the 680 but said for the $10,000 when it was going to take longer because of the amount here we are in 2023 and I’m still dealing with the same claim. If they admit it that the transaction after the 10,000 was fraud then why wouldn’t need $10,000 also be fraud