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
Yes me too please add me
I would like to add that I have a detailed log of every call I made, the time, the date, who I spoke with, how long I was on each call, every xfer, every piece of written communication, a police report, a report filed with the FTC, the FCC, and the CFPB, and am happy to supply you with all of it.
My identity was stolen in Nov. 2022, The scammer called BOA pretending to be me, and asked BOA to send new copies of my MC and Visa that I had with BOA. I got an email from BOA that night stating “As per your request, we have sent new copies of your debit, MC, and VISA to ..” and gave an address in Brooklyn NY. I’ve live in St. Louis my entire life, been with BOA for over 37 years. The email said if it was not I who made this request, to forward the email to [email protected] right away. I did exactly that, after adding my own note in the email that this definitely was not me and to cancel those cards immediately. That was on Tuesday night before Thanksgiving in 2022. On Friday (Black Friday 2022) the scammer over drew my checking account by more than $3000, emptied my savings entirely, and maxed out credit cards in my name to almost $40,000! When I called BOA the following Monday morning to file fraud claims, they said it would all be ok in a couple of days, HOWEVER, they denied the fraud claims because “actual chipped BOA cards were used in person” (all charges were made at stores in NY) and I kept trying to explain that BANK of AMERICA mailed MY cards to the scammer, that’s how and why those charges were made with real cards. And even though I followed instruction in email, they did NOTHING about it, if they had just cancelled the cards when I returned their email to [email protected] then none of this would have happened. (They should have never sent the cards to someone on NY in the first place if you ask me, considering I’ve had the same account there for 37 years and always in St. Louis, but they said since the scammer knew all my info, they had to comply and send the cards) BUT, they could have cancelled them before the cards even landed in NY, and nothing else would have come of it. Instead, my accounts remained overdrawn for months, I had to refile to fraud claims 3 TIMES before they finally listened to what I was telling them, and in late Feb of 2023, they finally restored my accounts and removed my liability for fraudulent charges. Meanwhile, I live alone, disabled, couldn’t buy anything for my darling grandchildren for Xmas, couldn’t even buy myself groceries, because I was overdrawn from the day after Thanksgiving until almost the beginning of March 2023. The worst thing was all the hours (and I kept a very detailed log) I spent on the phone, on hold, getting xferred here and there, telling the story over and over and over again, but was not ALLOWED to speak with fraud dept directly, so I had to keep relying on customer service agents to properly relay my explanation and info on my behalf. IT was VERY frustrating, confusing, terrifying, embarrassing, agonizing, worrisome, and it being the holidays, me living alone and having no money to have holiday dinner so not seeing any of my family, spending the holidays all alone, exacerbated the ordeal further, compounding my sorrow, leaving me in a very fragile situation. THEY SHOULD HAVE TO PAY ME FOR THE MONTHS I WORRIED AND CRIED AND WAS ANGRY AND HELPLESS all because of their failure to perform their duties properly. I never got any apology at all. Nothing!
Add me plz
I was going to be a first home owner but bank of America stole my money n the deal it was terrible now I’m trying to get my earning money back
In 2022 I had refinanced my house and someone on cash app stole $10,000.00 from my account and I filed the claim with Bank of America and they said that the charges were legit without giving me any information. I would like to join the young lady who filed suit against them from North Carolina.
Yes I just went through this situation in march account was closed and it was terrible.
They charged me over $600 when I had all the proof showing fraud. Horrible bank
I had fraudulent charges on my bank of America card and it took them over two years to refund my money. I got evicted from my home and was in the street with my sick sick disabled brother. It was a very traumatic experience. Shame on bank of America!
I have had a claim denied in the past that needed to be taken care of.. Once they deny, they dont give u opertuntiy to explain more or fight it.
Yep I was in the hospital what my card was used fraudulent they denied my claim closed my card and account I’m going g to contact those attorneys
Back in 2008 my boa card was put on hold because of some fraud situation (thats what cs told me) but they reactivated my card and when i called back to find out what had happened and what was gonna happen they denied everything and never helped me, i lost about 20 grand.