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
Please add me.
Yes I’ve filed a complaint. Someone decided they needed cells phones and a bunch of them. At different locations not even in my state
Yes this definitely happened to me but instead of them investigating the told me I have access to my card to someone. They never gave me my funds back instead they just closed my account without any further communication or action
Please add me
This happened to me in 2000 BOA sent a payment to unauthorized user 1850 and this individual I later found out got paid again 1850. Despite me fighting it BOA paid them.
Yeah Bank of America did me wrong too! Years ago I deposited $800 dollars in atm and the money was mysteriously not in my account. Then fast forward a few year later $2000 went missing from account and they couldn’t tell me what happened to money and I never got it back
This is a little different. I have an auto loan with BOA and my payments are set to auto pay. I changed my ‘pay from’ account and at no time and nowhere in the terms of sevice does it say that auto payments have to be set up again when changing the ‘pay from’ account. I received an email notification that the ‘pay from’ account was successfully updated and that email did not advise that the auto payments needed to be set up again. Until I received a call about missing a payment, I had no idea. I incurred a late fee and a ding on my credit report for a late payment and I have never made a late payment. They were less than sympathetic and a reasonable and prudent person would have no reason to assume auto payments had to be re-established. And even though I have my payments set to pay automatically on the 5th of each month, BOA randomly changes the date of the payment consistently.
Yes this has happened to me as well.
Yes I was affected
YES BOA They Don’t Give A “F” about anybody I filed my claim in August of 2023 I was approved for one claim but not for the other and in the process of trying to get the claim that was denied a supervisor found 29 missing transactions so now I’m getting denied over 15 times I put in police report and my hand written letter 3 times and was denied less than 2 days the same AI denial letter I have been discriminate against they were not even reviewing my appeal I just had a Red flag on my name and there’s way more to it i don’t think that there’s enough room for all .The trauma that they have put me through and my mental well-being has been compromised 🤬
I know how you feel! I’ve been trying to dispute a claim since January of this year and have been denied twice. Once because I was told I didn’t use the right excuse and secondly because they said it was a contractual agreement. I’ve submitted tons of evidence but I feel like they’ve never really reviewed it . Seeing this class action makes me feel better because I’ve never dealt with a bank that had no concern for their customers like this!
My issue with a fraud claim from July 2023, is too lengthy for this thread, but essentially I filed a fraud claim July 2023 with BOA after losing over 51k to an online grant scam.
In August 2023, after submitting over 130 pages of supporting documents, including a police report regarding the fund recipient, I was notified by a BOA fraud team member that my claim had been totally misrepresented, requiring me to resubmit all documentation in a new claim. This significantly lessened my chances of recovering funds from this known perpetrators bank account. A few days after submitting the second claim, I received a letter from BOA that my funds could not be recovered.
When I challenged them, they closed all of my accounts without notice or explanation, sequestered my Social Security check, started reversing my auto debits including my mortgage, utility bills, student loan, and checks, many of which had been processed for 7-8 days. They left me with zero money in my wallet, an inability to buy essentials like food, medication, gas. They gave me no timeline for accessing my funds. I am a highly educated retired senior who has never ever had a financial issue with a bank in my lifetime. Their risk department treated me like a piece of shit. Please include me in this litigation. The stress caused was severe and totally unnecessary.
My issue with a fraud claim from July 2023, is too lengthy for this thread, by essentially I filed a fraud claim July 2023 after losing over 51k to an online grant scam.
In August 2023, after submitting over 130 pages of supporting documents, including a police report regarding the fund recipient, I was notified by. BOA fraud team member that my claim has been totally misrepresented, requiring me to resubmit all documentation in a new claim. This significantly lessened my chances of recovering funds from this known perpetrators bank account. A few days after submitting the second claim, I received a letter from BOA that my funds could not be recovered.
When I challenged them, they closed all of my accounts without notice or explanation, sequestered my Social Security check, started reversing my auto debits including my mortgage, utility bills, student loan, and checks, many of which had been processed for 7-8 days. They left me with zero money in my wallet, an inability to buy essentials like food, medication, gas. They gave me no timeline for accessing my funds. I am a highly educated retired senior who has never ever had a financial issue with a bank in my lifetime. Their risk department treated me like a piece of shit. Please include me in this litigation. The stress caused was severe and totally unnecessary.