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
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Please count me in on the Bank of America claims department class action lawsuit I have been trying to get 2 claims approved I had one approved in October of 2023 and now I have been denied since August of last year I have emailed holly client care she don’t care she says she will make it right yeah right all she did was have Eli call me 10 times a day the last time I talked to him he said that my claims will remain denied everyone in the claims department managers to supervisor they so useless they lied to me every time I talked to them they would always put in a complaint on my behalf and I don’t know how many notation where noted
I noticed an uptick in blocking my BofA credit card due to suspected fraudulent activity on my card. This was both frustrating and delightful because in the past this has not occurred. I’m in the NC / SC border.
I noticed an uptick in blocking my BofA credit card due to suspected fraudulent activity on my card. This was both frustrating and delightful because in the past this has not occurred. Fortunately my issues only remain with citibank and not BofA.
What’s the status of this lawsuit/settlement against BofA?? You guys have been doing a pretty horrible job of categorizing your articles correctly the past month or so. The only information I can find is that this was recently filed and the last court motion was May 1st, 2024. Have there been any since then? Who can file? Is there a Deadline set?? Etc, etc, etc…
Well done bank of America is been doing some others banking malpractice for several years is about time to be investigated.
PLEASE ADD ME! I Have had numerous fraud issues when banking with B of A! I had spent way too much time hours, days, weeks, and months calling to speak with séveral of representatives from different departments without having any success on correcting my information because there is fraudulent activity accounts then in my name and in New York when I live in California I kept telling them that the information they had was not accurate and they said I had to contact EDD so when I contacted Eddie finally EDD tells me to contact Bank of America kept telling me contact battle when I finally asked for the manager he said I had to call back the next day to speak with the fraud department. At the end of the day they closed the accounts I got them to close them but they still would have mixed information they would have some information I was right and some information that was wrong but my mail was still going to New York when I never been over there it is very frustrating finally just recently I was going through this for years but they finally corrected it but they never gave me money that was owed to me. On top of that there was a check that they sent supposedly that I cashed when I didn’t cash no $4,000 check that according to the investigation that says I didn’t turn in no papers that they requested that it was denied. I’ve never delt with so much frustration with any bank/companies like i have with BOFA. I was going in and out of the hospital from February up to May 2024. I remember BOFA use to be one of the best banks but of course that was back in 2001, from what i could remember. So saddened but yet so frustrating to see and to deal with so much çrap, especially to get a representative to assist me to help them get my information correct, hope they gave also alot of my information out… long story but i sure do have alot of information, recordings, and logs pics, and more evidence on how they did me wrong and money thats owed to me such as a $4031 check. Supposedly that was a check mail to me from a settlement but they were still sending mail to the New York address when on several occasions and for several years kept letting them know I had to do my own investigation I made a police report but after the fact I got all the information gathered all the pictures and everything and evidence and the cops tell me oh how come you give it to us now I said because if I would have told you guys you guys would not ever done anything about it I had to do my own digging and investigation if it wasn’t for me seen on top of it I would never got all the evidence that I have now to prove and to show and I found out who it was and she’s already in Texas the cop says oh she’s not there nobody’s there but I passed by the address supposedly where my nails was going and there was people there. The cop just didn’t want to do anything about it, in my opinion from the way he expressed it me.
How can I be added they denied my fraud claim of 10,000 from 2020 and then in 2023 I got an email asking me to contact them so they could further investigate my claim. When I contacted them they said they didn’t send that email and denied it again.
There were multiple charges of the same dollar amount coming through our account the same day. BOA basically said SOL. We faxed them paperwork and everytime we called, they said they were still working on it, it takes time…even 6 months later and letters from the 3rd party processor, paypal and Apple pay stating it looks like fraud. They issued a refund, but BOA didn’t pass some of the credits back to us.
I have multiple cases for this and every dam time they denied me and said they showed supporting documentation if I request it, so I called back and requested it, only to get back the same letter as the first, but with this envelope they attached a copy of my bank statement which I can see and do on my phone. So then a 3rd call was made and same reasons I gave call 1 I said again and told them I have emails and conversations of me trying to resolve it and they never wanted them. It was after the 3rd call I got a letter weeks later saying they ruled in my favor…. and don’t get me started on the B of A card when it comes to SDI!!! Can I be the one to start that lawsuit??? Call me