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. Marcia says:

    Please add me. They no longer help with claims like they did 10 years ago.

  2. Keith Hall says:

    Hi

    1. Matin Sheikh says:

      Please add me

  3. Laterrica Shepherd says:

    I ENCOUNTER ISSUES WITH BANK OF AMERICA AS WELL PLEASE ADD ME

  4. Robert says:

    They falsely denied my claim 1 day after initially opening it. I have the proof as well..

    1. Jeannie Lisak says:

      Im wondering now as well..please add

  5. Marlo pullum says:

    Same thing happened to me they sent me a letter that didnt make since and closed the case

  6. Erin McClendon says:

    I qualify for this as well

  7. Lori Angelini says:

    I qualify to join this class action. How do I start my claim?

  8. Angela says:

    My mom actually had her card stolen and this happened to her. The guy went to the local gas station and purchased $200 worth of alcohol and they rejected her claim and she’s been with them for over 45 years. she now just switched banks because of this. I’m going to talk to her about this And see if she wants to get in on this class action and see if it will go through because she actually has proof of this happening to her.

  9. Melanie Jill Bowles says:

    Plaintiff filed four claims with BOA fraud department within minutes of being hacked by individuals claiming to be BOA fraud department employees. Hackers called customer on a weekend from the same phone number listed as customer service on the BOA debit card. Its called “spoofing”. Transfers were initiated by customer at direction of hackers and “pushed through” immediately even though the bank’s policy is to complete transfers the “next business day” when initiated after normal business hours. Transfers were sent to BOA bank account numbers opened by the hackers. These accounts were still active and serviced by BOA thirty days later when the bank rejected our four claims. BOA refused to share any information with this customer gathered in their investigation – only that the account information from the hacker’s bank accounts had been “flagged” not closed. BOA refused to help or pursue the criminals on behalf of a retired senior banking customer of thirty years. Not good.

  10. Brian (to protect identit) says:

    I worked for them as a fraud analyst and as a supervisor they do not! Most of the agents u speak to are third party representatives (who don’t even work for the company)

    1. Rebecca Quirin says:

      Yes this happened to me. I even sent the boa president of the bank an email after an enormous number of phone calls, and several emails I sent to no avail…. to boa contact us no one would reply back or call me back …explaining to me why they were not doing anything about the fraudelent activity…

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