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. William P says:

    We had a case for fraud with Bank of America in which they denied my claim it was for $3200. I returned the products and a company accuse me why UPS and the police had my back. Bank of America claimed that their arbitrators ruled against me, even though I had all of the documentation and provided in a manner to them.

  2. Arthur Ochoa says:

    I resubmitted my claims in July of 2023 the claims were submitted in 2021 when my identity was stolen It was very unprofessional in how BofA handled my situation they frozen my account the over charged me bank fees I needed financial help due to my health and contacting the covid virus I couldn’t buy medicine for my illness nor to buy food etc I would call them for hours to no avail they hang up or just leave me on hold in 2021 I filed claims because of my identity being stolen which I had unauthorized transactions the claims I submitted were awarded but I didn’t receive any award I didn’t hear from the bank so I assumed they were denied well in 2023 I received a letter stating I had a balance I called the bank to confirm the balance I didn’t know about in speaking with the rep she stated that claims were paid of I said out loud I didn’t receive anything she suggested that I resubmit the claims in doing so I couldn’t remember all the the transactions that were submitted I brought it to her attention and she stated mr Ochoa you have to say yes or no in which I did I guessed as well because I couldn’t remember all the transactions my claims get denied un which they were approved in 2021 ihad to resubmit all the documents abd than some because I couldn’t remember all the transactions that were approved already my claims were denied i resubmittrd these clauns atleast ten times every time explaining to them the reason why there was discrepancy i was mislead countless times in regards all they had to do is look at the claims I. 2021 one of the bank associate decided to add 2023 transactions on my 2021 claims without my approval it took them at least three months to take off the transactions of 2023 because of this unprofessional act iam certain that was another unlawful excuse to deny my claims the investigation unit took less of a busy day to deny my claims which they received the same day I feel the investigation unit just denied my claims without looking at notes and documents I sent them I submitted the claims in writing with supporting documents and still got denied all this started in July of 2023 all they had to do is look into the claims of 2021 to verify they were approved in which I didn’t receive

  3. Lewis Fitzgerald says:

    I have been fighting bank of America over 2 years from security deposit at a hotel that they returned to my account multiple times and I was able to print out the transactions.bank of America still sends me a letter every month to tell me they have a update on my claim .icall they pass my calls back and forth and say they can’t identify me so I go to the branch 4 times to clear my identity and I get cleared but never do they send my money.its way too long and have sentche ks for other mistakes they made but not mine it’s really not that hard to do but they refuse to do the right thing

  4. Melissa cuevas says:

    I had a bank account with Bank of America. Someone got a hold of my information and somehow they took money out of my account. I reported the fraud incident tube Bank of America, but on completion of the investigation, they said that it was not in my favor. I didn’t someone took money from my account and they’re not giving it back, this is so wrong them but they said that they made the decision. I didn’t think there was anything I could do about it. I’m glad that I seen this article. Please add me. I’m a victim of the situation and the class member of this class action lawsuit, thank you ,

  5. LaJuana Williams says:

    I had the same thing happened to me bank of America still owe me money 5,000 I haven’t got anything back yet.

  6. Nancy romo says:

    I’m still paying My card that someone used to get cash in a foreign country. They never helped or provided anything why they denied the claim. Now I’m stuck paying interest also while being on social security disability income. I’m in

    1. Letta Chilcott says:

      I have made claims due to fraudulent charges and felt they turned it around on to me. I have had problems with giving my banking information to somebody I had bought stuff from but then they turn around and keep charging me or charge me later down the road when I did not authorize it but since they still had my information they charged me or build me or took money out of my account for once or another that’s happened to me a few times. And I have had them come up with numbers that don’t even match what I’m claiming like one time it was $59.99 and they said the 597 or some stupid crap and denied that clean saying it was already paid how can I already be paid really had the amount wrong. My name is Letta Chilcott 313-454-8609

  7. Gil sierra says:

    I was wrongfully denied my claim, rhey didnt investigate they sent me a letter, they asked me to file an appeal for the decision wich was very unfair, also after 3 appeals they said they were made by authorised cardholder with no proof, they are thieves and its a big cover up going on with how they handled many unnemployment cases in california during covid

  8. Sally says:

    Add me

  9. Patricia Ochsner says:

    I have 7100.00 in illegal on line solitaire/charges. Illegal and they said it was not. I live in California and it’s illegal charges.

  10. Connie says:

    Please add. They took my money and closed my account

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