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. Charmain Riggs says:

    Please add me i have been waiting for a class action complaint to be filed i have had this very situation happen to me i deposited check and i didnt withdrawl or make any transaction for aprox two months after i made initial deposit the first week help is suppose to verifiy the check i waited two months and after i made purchases bofa froze my acc stating they were investigating

  2. Lorraine Valentine says:

    Please add me. Have had numerous fraud issues when banking with B of A

  3. Yolonda says:

    Add me I had 3 accounts they did this too

  4. Feliks Kubin says:

    Hi. I have a case to join lawsuit against Bofa, for they not dispute in my favour with merchant aliexpress, who did clear fraud.

  5. Richard Brenner says:

    I recently had someone get into my bank account and received charges from many different establishments in Pakistan and Europe. It was quite apparent that they were not mine as my charges are always the same basic bills here in California. Whoever hacked my account set up reoccurring payments with these Pakistani establishments. I never received any alerts, emails, or calls asking if this was legit. I wasn’t even aware of it for a few months as I don’t receive any statements either. When I filed my dispute, they credited some and then they sent me a letter saying that my claim was not valid and rejected my claim. So they credited some of the Pakistan charges but not all? Obviously I wasn’t in Pakistan. I am in my 70’s and slightly disabled, I am not traveling further than my grocery store! I’ve contacted BofA and asked them to refile the previously rejected claims and will continue to do so until they actual investigate it properly and give me my money back.

    1. Evaa Thornton says:

      I found out that my Edd appeal was granted in my favor 11/10/2023. A friend asked me why did I have a mutral friend at my house when she stole from me. I told him that she didn’t take nothing from me. He told me he saw her laptop with my information and large amounts of deposits. I called and filed a claim and was denied a week later

  6. Ced Mitch says:

    I was denied with a 790 credit score…

  7. Sheral S Rolfe says:

    I had to close my account some time ago due to fraudulent activities.

  8. Heather Phillips says:

    This happened to me early last year and they denied my claims and now they’re saying I owe them $1400. I even filed the police report. They never provided documentation and close my account.

  9. Terry Dodd says:

    Unfortunately, I experienced this first hand after I unknowingly got scammed 2 years ago. I submitted all of the documents and evidence proving that it was fraud. They claimed that I authorized the fraudulent transactions. They sent me 2 denial letters along with an approval claim letter which I still have but my bank was overdrawn by -6k which I didn’t have and my checking account was closed and luckily, I was fortunate and able to open a new checking account elsewhere. I still have everything to back myself up. I faxed them everything including the police report and even one of their employees had reached out to me via phone and openly admitted that they shouldn’t had pre approved the fraudulent checks that were sent to me as part of the job scam via Microsoft Teams and they still blamed me and the police officer along with a friend of mine had said the exact same thing. There’s no telling how many people are affected by this. Please reach out to me regarding this

  10. Tanisha says:

    I need attorney I have two claims regarding Bank of America Edd fraud claims since may 2023 being denied sent over 20 documents filed with every complaint CFPB,occ,bbb,ftcs,fdic

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