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. Robin says:

    Please add

  2. Megan Islas says:

    Please add me to this list.

  3. Celina Butler says:

    Please add I had to close my account due to claims not getting straightened out.

  4. Charlette C Novak says:

    I have had 1600 taken from my account and filed a claim and they never gave me my money for the claim and did nothing during investigation plus the way they handled mine was not the Normal fraud claims are handled . Please get intouch with and talk on phone. And email me with a way to upload u all my proof . U won’t be disappointed

  5. DANIEL WELLS says:

    i had 2 claims where they gave me back the money and on the 89th day, the week before xmas, they reversed the claim even though proof was provided that no services were rendered and the transaction was fraudulent. took $1,250 from me and put my account into the negative. which i did not pay back. now i cannot open another bank account because of the thieves and ive been waiting for a class action to come about from their actions. your gonna pay BOA! youre gonna pay……..

  6. Lisa says:

    Please add

  7. Mariela Martínez says:

    Please add me

  8. Albert Suarez says:

    I tried to present pics of transactions I still have them.
    Please add me

  9. Corazon Buras says:

    I qualify for this class action. Two people fraudulently accesed my checking account number and issued checks with my checking account number with their name. The checks went through when I found out about the transactions. I called Bank of America and what they did was froze my checking account. There was no letter from BA regarding any investigation. I ended up closing my 30 years of checking account. There are more facts to this stories.

  10. Jewel Borges says:

    The same thing happened to me back in the 90s, I lost my little wallet that had my card in it somewhere at Revere Beach in Massachusetts, after I went to look for it and couldn’t find it I called bank of America to report it because there were already fraud charges on my card from a supermarket and cash withdrawals from ATMs a couple cities over from where I lived. I filed the claim and when I checked on it they said there was no fraud charges and stated I need to pay the money back that was taken out. I guess they were depositing checks into my account threw ATM and doing an automatic withdrawal of the max amount. The bank didn’t cash the checks but the person got away with money bank of America said I owed them and I wasn’t able to open a bank account anywhere else for a long time I tried to fight it and told them ATMs have video cameras why are they not doing anything. I refused to give them the money, after a few months I called them back to give them my claim number and they said there was no claim filed.so eventually another bank bought them out.

    1. Tyler grue says:

      Add me please

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