Bank of America class action overview:
- Who: Plaintiff Kimberley Dennie filed a class action lawsuit against Bank of America.
- Why: The lawsuit claims Bank of America does not legitimately investigate fraud claims, instead sending out form letter denials making customers responsible for banking fraud.
- Where: The Bank of America fraud claims lawsuit was filed in federal court in North Carolina.
A consumer filed a class action lawsuit against Bank of America saying the bank does not legitimately investigate fraud claims, instead sending out form letter denials arguing its customers are responsible for banking fraud.
The lawsuit alleges that the company often denies Bank of America fraud claims — even when they are submitted properly — by claiming that fraudulent payments were actually made by an authorized card user.
“Despite Plaintiff’s request for an explanation and further review, and submitting a police report for the stolen card and fraudulent transactions, Bank of America mechanically rejected Plaintiff’s claim without performing a reasonable investigation and instead, issued form denial notices devoid of any factual findings or documentation from its alleged investigation,” the Bank of America class action says.
Bank of America class action: Legitimate fraud claims must be covered, lawsuit says
Congress determined that banks are required to pay for financial fraud reported by consumers in a timely manner, unless the bank can determine the charges were not fraud, the lawsuit says. Banks must write a detailed explanation and provide all available documentation to prove the charges are not fraud, allowing consumers to dispute the conclusions.
The Bank of America fraud claims responses attempt to flip the responsibility of proof and financial loss on the consumer, the lawsuit claims.
“Bank of America denies fraud claims for transactions it unilaterally deems to be ‘authorized’ by Plaintiff without providing any substantive explanation as to how or why it has satisfied its burden of demonstrating that the disputed charges were in fact authorized,” the lawsuit says.
A consumer filed a class action lawsuit against Bank of America claiming the company did not send required monthly statements to customers who fell behind on their home equity lines of credit.
Have you encountered fraud on your Bank of America card? Let us know in the comments.
The plaintiff is represented by David M. Wilkerson of The Van Winkle Law Firm, Andrew J. Shamis and Edwin E. Elliott of Shamis & Gentile PA, Sophia Goren Gold of Kalielgold PLLC and Scott Edelsberg of Edelsberg Law PA.
The Bank of America class action lawsuit is Dennie v. Bank of America Inc., Case No. 3:24-cv-454, in the U.S. District Court for the Western District of North Carolina Charlotte Division.
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513 thoughts onBank of America class action claims bank fails to properly investigate fraud claims
Bank of America put three fraudulent claims on my credit preventing me from getting a decent rate, home equity loan from PNC, BOA extorted $564 from me pretending I had unpaid credit card bills until I asked for the supposed sales statements signed by me. They had none, but pretended I charged services with WIX, Bluehost and McAfee…until I demanded that in writing, then I called WIX, Bluehost and McAfee. All three found no charges for their services through BAnk of America at any time. The collection person wouldn’t go away until I assured her that I could print out their comments.
In 2018, Bank of America took $6855.28 from my now-closed account with them for Bill Pay, did not pay the bill until I went to the local branch office where the then president transferred that amount from my account to pay for my furniture. He was not able to reach the Bill Pay department at that time to get my money back.Their line was busy. In 2021 the bank returned the money on a card, like a credit card. I misunderstood and thought they were billing me as did a local BOA worker who told me to destroy the card. I did. I’ve spent hours and hours trying to get my formerly excellent rating back and the $6855.28 back plus five years interest. The bank influenced an attorney that I paid $500 to help, to turn and say to me “I don’t want to help you and you can’t have your money back…..that was after asking who I spoke to at the bank.
Experian demanded $1000 from me to correct the fraud and errors.
Bank of America sent me a statement showing a “Fraud Adj check” for the money they owe me minus the $564 they extorted from me to pay the charges I really never made…. no check was ever sent, just the statement pretending they sent the check. So the bank stole my $6855.28, ruined my formerly excellent credit rating and influenced the attorney I paid to help, to not help and refusing to return my money. Now the bank has sent a statement claiming that any service of legal process must go through CT Corporation System in Plantation, Florida thus preventing me from simply going to my local small claims court. When I stopped by the local Small Claims Court I was told not to waste my time and money as the Bank of America folks simply do not show up.
I’m still paying for my own bill after I requested proof of why they declined my request to investigate
Currently have a claim for edd fraud if they dont grant I want to be part of this.
Add me they denied a claim which was valid
BofA allowed someone to open an account in my name, with an address from a state I never lived in and a drivers license from a 2nd state I have never been to and now they’re trying to make me prove my identity after I filed a identity theft claim. I now can not open a bank account anywhere, since they claim that I opened the account and I am also flagged through Chex systems because of their negligence. Today (6/20/2024) I received the letter requesting a police report, proof of government ID, account documents and proof of residency. The letter is dated 5/30/2024 and I have 30 days from that date to respond. Nice 10 day window! Also the letter wasn’t post marked until 6/4/2024. I’m not very happy right now.
I have file claims where Bank of America EDD prepaid debit Card also CFB also with EDD And they wanna give me $100 and tell me to go I won’t accept it
They got me back in 20 when Edd was having problems . Bofa wronged me and never fixed it
Add me. BofA denied a travel company scam even when I provided proof