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
B of A said a cash deposit in my account was never there.
This happened to me and they refused to reimburse me or reopen my account. Please add me
Had my banking and debit card stolen. someone in another city two hours away deposited a bogus check at an ATM. Immediately called BOA when I saw it pending to clear. Check bounced back and I was hit with overdraft fees. Account got closed and was placed on a black list despite having a police report.
I recently closed my account as I found I was being charged for a Spotify service sometimes twice a month. The lady I spoke with refunded the payments then later that month the charges were reversed back to me saying it was my acct. Keep in mind there was no way to call the Spotify people and they kept saying my email was not associated with an acct but BOA said it was my account and I had to correct it.
This happened to me w bank America please add me
My house burned and was a total loss. My insurance company tried for six (6) months to get a payoff so they could payoff the mortgage. Bank of America neglected the request and started foreclosure on what was my house. BOA account on my credit report causing negative remarks hurting my credit and BoA wont do anything about it
This happened to my son last year his first bank account I was heart broken &BoA said it was his fault I didn’t see that on my end at all they never repay my son for 3k they stole
Please add me
This happened to me on 05/08/2024. Attempted to withdraw $1160 from ATM and card was restricted but somehow processed the withdrawal
This happened to me on 5/08/2024 Attempted to withdraw $1160 from ATM but declined. Card was restricted for useful to unusual activity. But withdrawal processed and denied my Provisional Credit for 11 days
This has happened to me please add me
I had a large claim due to fraudulent charges from Apple.com and because BOA is not my only bank, I did not notice the little increments being taken out over the course of a year… it amounted to thousands of dollars and the bank didn’t do anything about it, even after I appealed.