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. Peggy Walker Staley says:

    I recently received a form letter from boa that my claim was denied. This was about two weeks after I called and was told not to worry about another letter as my claim was approved. They told me I had not sent them All the information they needed to approve my claim. I begged them to tell me what information I needed to send. I kept getting the same response. Finally I told them I would do what I had to do and they could do what they had to do. There was no resolution to the claim. After I hung up with boa, I called their corporate card services and cancelled both my credit cards. At the end of the call, they tried to tell me how much they appreciated me as a customer. I certainly did NOT feel appreciated or respected by boa. I would love to be a part of a lawsuit against boa.

    1. Jeffrey Salatin says:

      I did a balance transfer with them, and paid a percentage to transfer money to their credit card…Once I did that, then they started charging other fees, in addition to the balance transfer fee….This is occurring every month until it’s paid in full says BOK…It’s not legit, and at the same time lowered my credit with no missed payments and a 650 credit score..

  2. Carlos A Fernandez says:

    They dont provide documentation of investigation just denied

  3. Tami Zamarripa says:

    I had several acts of fraud on my bank of America account when I had my account there the purchases were made in france

  4. AlicePoole says:

    Please add me

  5. T jones says:

    My money was stolen

  6. Evelyn says:

    I have to have my card replaced every month due to fraud and BoA wont really help. They disallowed me to use apple pay and wont give me an accurate day of when I will be allowed to use it. Its been almost a year.

  7. Mary Honeyghan says:

    Yes I hard a fraud case with Bank of America. Someone used $900 from my account to buy guitars from eBay . Bank of America was no help they accused me of giving my bank card to someone.

  8. Jenn B says:

    On a few occasions I’ve had fraud on my checking account. They refunded me money temporarily and then took back the money saying it wasn’t fraud and it was.

    1. DanaRoberson says:

      Add me

  9. Demestra Minor says:

    Add me please

  10. Patricia Brewer says:

    I made a purchase online in June 2023, the amount I was charged was higher than I expected so I immediately filed a claim, it was denied due to the product being shipped. I received the product & returned to sender then filed another claim in August 2023 with a copy of proof(tracking #, & etc), I’ve never received a letter, I spent countless hours on the phone with B of A, was transferred & given many different phone #s, finally I was told claim was still being investigated!! Claim filed on 8-2-23! Now it’s 5-14-24, according to them it’s still under investigation

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