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. Jennifer Endres says:

    Hi how do I sign up. I had the same thing happen to me when I had unemployment during covid. My account had a bunch of fraudulent charges and bank of America denied me the next day stating they found the charges as not fraudulent. They did not close my account and they did not offer a way to contest their decision.

  2. Ryan Nicole Martin says:

    I want to be added. My children’s accounts, under mine, were subjected to fraud. Both accounts were closed, and we were told they had to close them without a clear explanation. We were also told that, basically, it was our fault. One of the accounts closed out my daughter’s credit card, and BOA will not allow her to pay on the credit card, negatively affecting her credit.

  3. Avante Cong says:

    I am also dealing with the same thing from BOA I had sent in proof that I didn’t make those charges and received the same generic letter from them denying my claim saying that it was me or somebody authorized by me .

  4. Rimma Halperin says:

    Client for 24 years co.plain was dismissed respond you trying to put a blame on the company $3000. Stolen

  5. Torry C Russell says:

    I have over 7k in fraud in my account I called the merchant and they told me bank of America never contacted them and they would refund my card if they would contact them

  6. Misty Viniegra says:

    Been with them for years and have had fraud charges a few times I’d like to be added.

  7. Lori Bradburn says:

    Please add me, my daughter’s acct had $12,000 stolen & they did NOTHING

  8. Pamela Hill says:

    I took had the same response from BOA even with the proof I had they sent the same form letter 3 times !! Would not let me talk to anyone in person. Got me for over $ 5000.00. I would like to join the class action suit. I am in eastern NC

  9. RG says:

    Please file same complaint for Truist/Suntrust bank. They did the same thing to me! Truist Bank should be sued in a class action as well.

  10. VICTORIA KIMBERLEY TROTTA says:

    Please add me. The exact same experience. I thought credit cards were insured. I had unauthorized use and they admitted they had no documentation to send to me, as they are required to do. The amount was over 500.00 and I could not find any evidence of the vendor or the mode of payment. Gaslight for 4 months!

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