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. Penny Colombo says:

    Add me

  2. Felicia Nash says:

    Bank of America made me pay back money that was stolen from my account right before I was to go on vacation. I got a police report and gave them info to who I thought stole my money. They told me that I stole my own money

  3. Amber Savage says:

    I have been a victim of theirs many times. Each knowing I was correct. That my money had been stolen on numerous occasions.

    1. Alicia Barba says:

      I turned in lots of claims for money that was being taken from my bank account. And they never investigate d I ended up with no money in my account and they closed it

      1. Frank Snyder says:

        My wife and I were B o A customer’s until 2016 and this problem goes back for a while now how far back does this class action lawsuit go back.

        1. Frank Snyder says:

          My wife and I were B o A customer’s until 2016 and this problem goes back for a while now how far back does this class action lawsuit go back.

  4. Ronald Alberico says:

    I was recently the victim of Bank of America Security officers being impersonated by criminals who had my banking information and described a security threat to my accounts unless money was transferred into a B of A secure and safe account. Bank of America denied my claim was not interested in the Police Report and stated it was my responsibility even though I was the victim of fraud impersonating Bank of America Security officers. I am a senior on a fixed income and since my ATM card had been hacked the previous week. They took all of my money and B of A said too bad after 35 years a customer!

  5. Judith 'Alessandro says:

    I have a grievance against Bank of America for the exact situation-fraudulent claim that they did not investigate and continually charged me for and caused my credit score to drop and my application for increase in my current credit cards to be declined and applications for new credits cards to be declined. Please help!

  6. Terri Tanner says:

    Made fraud dispute 2x but according to BOA it was legit

    1. Shelia Y Parker says:

      I experienced the same after someone took money out of my account claiming a charge from the post office, and the post office told me they don’t charge you for having your mail forwarded and BOA still said it wasn’t fraud and wouldn’t give my money back saying no fraud was found.

  7. Jacob Navarrette says:

    I filed a fraud claim with Bank of America. But because I was not unable to fax certain things that they asked for I could have mailed it to him but they wanted me to fax them and I couldn’t download what I needed to fax them fast enough my claim was denied

  8. Lisa Clayton says:

    I received a notice several years ago sent to me at my new home, it was in my married name. I’d changed back to my maiden name, several years prior. When I called B of A at the number on the letter they wanted my SS#. I said no, I have never banked with you, I don’t have an account with you never had one, therefore I’m not responsible for this debt. The account, they sent me the letter about, I later found out, was opened by a Hispanic male in a town 300 miles or more from my home, he used my SS number to open the account. This person got his hands on one of the thousands of credit card offers B of A mails out via the mail. The person filled the credit card offer out changed my name to his, my address to his, B of A sent him the card. When I found this information out and called B of A on not doing their due diligence, it became my fault for not checking my credit report. What B of A didn’t know was I check my credit all the time and their card never showed on my credit report. They told me to file a police report for fraud. I told them I am a cop and I’m not writing a police report on your problem, I’m not out any money. I’ll flag my account with with all three credit bureaus, I’ve recorded all my conversations with you, if any thing comes up on my credit report from your bank, my lawyer will collect from you, way more money than you think I owe you. If your institution sends out these bank offers and doesn’t suspect fraud when a person changes the name and address on the cc offer. That’s on you, due to your own negligence and incompetence. I’d like my $200.00 from this lawsuit judge.

  9. Chase says:

    Add me

    1. ANGELA K JOSEPH says:

      I am from Michigan. Unemployment insurance used bank of America cards for unemployment payments. Someone was able to hack my bank of America card and get my unemployment payments. Someone needs to help me I am currently on disability and cannot afford an attorney

  10. Leah schumacher says:

    I will gladly sign up. I have filed complaints on a national level as well

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