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, I have had fraud on my BOA account. And I was not reimbursed.
My boa card and account was emptied off about 14k. BoA said they were legitimate charges. Since they wouldn’t refund my money I couldn’t hire a lawyer. I’m a disabled senior and desperately need help getting my money back. The bank denied me multiple times.
This bank is a rip-off.
They credited my account and then took it back.
Bank of America never refunded a huge amount of money from purchases I never made on my card they sent me new card but never refunded my money I had emailed many times about it without response
Bank of America had me send a full deposition about my fraud claim after my debit card was compromised online. I spoke with their claims department several times, each time they told me that they were on my side and my claims would be validated. The next thing I knew, my account was overdrawn by $1100 and they were trying to take my disability check from a separate account to cover it. I have appealed this 3 times, each time them saying “ this straightens everything out” but then going right back to trying to take my money from the other account. They even denied my identity in the bank in an effort to keep my funds. Then they put my account in good standing into a “credits only” status and didn’t tell me. It took me more than 2 weeks to get my money out of that bank. These are horrible people. I had to threaten them with a lawsuit to get my funds released.
My denied fraud claim from at least 2 years ago, was surprisingly just processed by Bank of America. I received an email that I originally thought was a scam, however it turned out to be litigate. I called the number, spoke with a representative and the fraud department and I should be receiving a check this week.
BOA also denied my claim. I found out someone else received my card that had been mailed to me, that my unemployment benefits were paid on, used 11k, without my knowledge, or consent, and in a completely different city. I filed a claim, was denied, filed an appeal twice, both denied. When I spoke with a manager he said ” your not the only person that this happened too, unfortunately BOA can’t do anything because we have also lost ($$$$?) due to fraud.” Then told me to talk to unemployment, who had referred me to BOA in the first place!!!! WHAT A SCAM! I paid into Unemployment for over 10yrs! Thanks BOA!!!! Glad I cancelled my checking account with them before they found a way to screw me out of even more $!
Please count me in, I have proof the took my payroll from unemployment in 202
I have been fighting BOA since 2020 when covid hit , I have every bank statements since April of 2020, my identity was stolen my unemployment payroll check was on their card they took over 8,000 from me and they flagged me as high rist for fraud I want in! they refuse to prove with their documents that I made those purchases, the list go on I will not give up they stole my money!! I have proof
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