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. Rick Bolton says:

    Bank of America is not the safest place to keep your money. I had somebody paying their bills out of my money. Went in to have it investigated and nothing so I left the bank.

  2. Tammy Hudson says:

    I don’t have an account with BOA, however I keep getting bank statements from them and when I do get in touch with them to let them know that someone must have opened an account in my name they do not get back with me. I’ve been going through this for about 3 yrs.

  3. Kelly McCollum says:

    Going through this right now. Add me please!

  4. Ashneel Anish Chand says:

    Add me

  5. Melissa Coker says:

    Yes this happened to me exactly as described in this lawsuit. I had over $1,100 fraudulently taken from my Bank of America account from someone all the way across the country where I’ve never been in my life and had fraud alerts setup even and never once did BofA alert me. I filed claims for my money back and got denied multiple times and they said it was something I authorized, which I did not! I requested proof and documentation and received neither, only copies of the claims I filed. I live in California so can someone please help me get my money back from BofA or at least add me to this lawsuit?

    1. Natasha Velez says:

      I’ve been going through this for months. I had to replace my card 4 times in less then 2 months because of fraud

  6. Amanda Parker says:

    I have been a Bank of America customer for years and have had this happen to me a few times. Please add me as I just had it happen within the last 6 weeks.

  7. Ashley Salas says:

    I’ve been a BOA customer for years, please add me.

    1. Kevin Olson says:

      I tried to pay them and they shut down my account online when I was in the hospital getting my foot cut off. False charges destroyed my credit other fraud

  8. Kari kimberley says:

    They did it to me as well $5000+ charge I did not authorize. I called within a half hour of charges. Report was taken seriously and I was assured it was fraud and it would be handled I wasn’t responsible. 10 days later I get a denial. I contacted them and the rep was ignorant told me I was responsible because the chip was used ~ great but it wasn’t me using the chip and I did not authorize that amount! I asked even about a charge back and was denied! I disputed it 2 additional times and was denied immediately. The last time was 3 months later and they told me I was denied because I didn’t provide a police report. They should have told me the first call, to call the police!!!

  9. Tracy Bookhart says:

    Yes the same thing happened to me with Bank of America many times before and recently please add me

  10. Tiffany says:

    Add me plz I submitted a claim with them and they had the audacity to close it out before the 30 days was even up with no explanation or nothing BOA is horrible that’s why I bank with Navy Federal now

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