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. Shailesh Tripathi says:

    Hello, I am also victim of incomplete fraud investigation. Pls share the details and steps to contribute to this lawsuit.
    I have the required evidence.

  2. Joni L Ferden-Precht says:

    Chase does the same thing. We had the Disney Chase Card and even wrote to Disney after Chase failed us to no avail so we cancelled the card and changed our view of both chase and Disney.

  3. Ramona says:

    They do that to everyone they did it to me and my husband then closed out our accounts

    1. Kelly Collins says:

      It’s been done to me numerous times also. Always being said that it’s my fault or I let another use my card,even ,in places at the same time. I was in their office one day and someone in that town was using my card. It was ridiculous. Needless to say,the teller gave me her attention about that episode . I had fraud case on it at that time. Through the bànk. Texts were coming in from their fraud dept.as I was in their bank office that day for money in the hundreds . Yeah they replaced the money that day and also. It still occurred with no refunds often.

  4. Debra MCKAY says:

    Add me

  5. LaLisa Jones says:

    Bank of America always try to get over on their customers.

  6. Raina Evans says:

    I have constantly had fraudulent issues with BOA I have spent hours on the phone and going through statements all for missing money every few months I have to deal with claims. I have had the same charges happen years later and they let them go through again. I can go on and on explaining how many fraudulent charges I’ve had to cover due to being denied without any reasonable answer just a pre typed letter apologizing for the denial. Then allowed the same person in whatever country to make the same transaction again BOA did notify me of the unusual out of country charge but still paid it from my account after id already reported it previously. I’ve ordered multiple cards over the years I’ve followed every suggestion the people on phone gave me but I’ve gotten stuck paying for these charges repeatedly and I cannot spare anything being a single mother without any help/assistance or child support over the last 16 years and I doubt it will start anytime soon. It has prevented me from making on time payments a few times and I’ve had my utilities cut off over waiting on a pending fraud charge 5 days it was pending then it’s still under investigation

  7. Debbie Knox says:

    My Mom had BOA credit card that had over $10,000 in transactions all over US States places she never has been ever. I filed a claim for her fraud and BOA has yet to get back in touch. I am her POA and they will not talk to me anymore.
    Add me.

  8. Veronica Mendez says:

    Please add me

  9. john morris king says:

    I had a situation with a vendor signing me up for almost $100 of magazine subscriptions and billed my BOA card and when I filed a complaint they took the vendor’s side and wouldn’t cancel or refund my money. And they opened a checking account without my permission.

  10. Kywana Hall says:

    I had this same issue with BOA with fraudulent charge with credit card sent in police report and other documents that I didn’t provide access to this person and still they denied my claim

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