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
Boa did this to me also. I had charges while I was in the hospital and after I got out and disputed charges they sent me a letter closing my account and told me they did not have to give me a reason why. About 6 months later I received a letter stating my claims were approved but could not find an open account to deposit it in.
I live in California is there anyway that I can get help for this because they have done this to me twice already even with the police report
This happened to me on several occasions with BOA
Please add me
This happened to me on my business account with them. I literally had to fight with the company that committed the fraud and when they admitted someone on their team had done it, Bank of America still denied my claim once I told them. I continued to fight and got the company to issue refund to a now closed account due to the fraud. Once that happened they were so sorry and took care of placing the money in the new account.
Please add me! This happened to me while I was in college, bofa does not properly handle their customers.
Add me
Looking forward to speaking with an attorney over this matter.
I had this problem just recently when II reported a business charging me an “annual membership fee, I had not authorized, BoA returned the funds for one day then gave them bofa tock the business leaving me with a negative balance and unable to feed my family for the week. National City Bank refused to investigate a fraud claim I reported. I was in an abusive relationship. The man took my bank card and helped himself to my cash. Because he knew my pin, the bank policy, I was told, is to hold the account holder responsible. I would appreciate help recovering my losses. Thank you.
Ad me.
Bank of America allowed Apple to take $1-10,000 a day out of our personal checking account even though we had mobile app, paperless billing, notifications… they took over $250,000 until account closed in negative. We made claim and filed to CFPB and OCC and Bank of America said my disabled husband had bought all these child games and subscriptions and he was responsible for all charges except last two charges totaling $29.99 even though it was same pattern, they lied and said they sent us the check for that but did not. Over 30 different boa fraud reps and supervisors tried to get money back and they kept blocking us from getting it. I’m gonna try and call this firm and also White House, FBIc3 unit now. I’m not gonna just go away. We were left homeless and broke
I had a very similar situation happen to me. My charges were in the thousands. They canceled my account (boa). I still had to pay for the fraudulent charges. I stand with you on this one.
BOA did the same thing to me! I even have a letter from the DOJ saying that this woman was being charged for fraud, was found guilty, and I submitted all of the documents to them. They told me that because it was over 60 days since I noticed the fraud that they would deny my claim. I have all of the paperwork ready to present to the court. I have been waiting for a class action lawsuit again them for a few years now.