Close up of Bank of America signage, representing the Bank of America class action.
(Photo Credit: Tada Images/Shutterstock)

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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533 thoughts onBank of America class action claims bank fails to properly investigate fraud claims

  1. Denise says:

    Yes several times and they have done nothing also I have claims for the irp and bofa has done nothing

  2. Mariam Del Blanco says:

    Please add me to this case!!

    1. Nicholas Centenaro says:

      I paid approximately $300 for merchandise online I never received and disputed the charge with BOA. BOA said I received the product and charged me the $300.

  3. Latisha Marshall says:

    Someone was able to take money out of my account without my knowledge and Bank of America allowed the transaction without me confirming it I didn’t get a email or anything money was just gone out of my account

  4. Christelle says:

    Ex customer

  5. Juvonda Anderson says:

    Please add me. BOA gave me the run around and refused to return money that was stolen out my daughters account because they allowed a scam to take place in one of their locations against her account.

  6. Yvette says:

    They did the same thing to me!! The car wash I went to signed me up for a membership without my permission and I didn’t know until months later. They claimed to investigate and gave me my money back and then had the nerve to make me pay it back.

  7. Starz V says:

    I HAD A ONGOING CASE FROM DURING COVID 19 WITH STOLEN BANK CARD AND TOLD THAT THERE WAS PROBABLE CAUSE SO THEY CLOSED THE CASE EVEN THOUGH GIVEN ID THEFT CASE NUMBER CASE CLOSED MULTIPLE TIMES THEN STATED NEED TO WRITE A LETTER AS TO WHY THEY SHOULD REOPEN THE CASE UHHHHHHHHHH THREE YEARS ONGOING AND STILL NO CORRECTION

  8. Darius Collins says:

    I was contacted saying someone opened a account in a NYC. I never received a resolution after I contacted them. They said somebody tried to cas a tax check and failed. I the person was nice but nothing ever came from it.

  9. Dawn says:

    Wire fraud Bank of America. Fraudster known scammer at BoA, Held accounts there. Wire was to go to escrow for real estate in Eufaula, OK. routed to BoA in OKC. Instead it went to NYC! Received a “generalized” letter from BoA stating “We understand your going to continue to contact us until you receive your money, today your case is closed”. Employee verified the funds we’re in the account and I had to sign a Hold Harmless to freeze them. I did and they recovered 7000. I had wired 60,000.00. The same letter stated I needed a court order to verify what funds we’re in the account. This bank is SUBSTANDARD and NOT following FDIC regulations!

  10. Dawn Hayes says:

    Wire fraud Bank of America. Fraudster known scammer at BoA, Held accounts there. Wire was to go to escrow for real estate in Eufaula, OK. routed to BoA in OKC. Instead it went to NYC! Received a “generalized” letter from BoA stating “We understand your going to continue to contact us until you receive your money, today your case is closed”. Employee verified the funds we’re in the account and I had to sign a Hold Harmless to freeze them. I did and they recovered 7000. I had wired 60,000.00. The same letter stated I needed a court order to verify what funds we’re in the account. This bank is SUBSTANDARD and NOT following FDIC regulations!

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