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What is the best way to sue Bank of America?

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neljimene23

Junior Member
What is the name of your state (only U.S. law)? California

I need to sue Bank Of America for causing emotional and psychological trauma. Also because my debit card was stolen and over $1000 were taken out of my account and they are not willing to give it back to me in spite of their claim for 'security.' They determined they won't do it and canceled my dispute without giving me a reason why, not until I called them that they said that because there was no failed attempt from the entered pin number by the thief. It looks like they didn't do thorough investigation and they are unwilling to provide me with video evidence. I NEED TO SUE ASAP.
 
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quincy

Senior Member
What is the name of your state (only U.S. law)? California

I need to sue Bank Of America for causing emotional and psychological trauma. Also because my debit card was stolen and over $1000 were taken out of my account and they are not willing to give it back to me in spite of their claim for 'security.' They determined they won't do it and canceled my dispute without giving me a reason why, not until I called them that they said that because there was no failed attempt from the entered pin number by the thief. It looks like they didn't do thorough investigation and they are unwilling to provide me with video evidence. I NEED TO SUE ASAP. Any advice given should not include statements like 'you might as well give up as they just gonna make the process last 20 years' things like that because I don't care about the money as much as about my principles.
How long after you noticed your debit card missing did you report the missing card to your bank and have them cancel it?

Did anyone but you have your PIN number?

You will not be able to successfully sue the bank for emotional or psychological trauma.
 

neljimene23

Junior Member
How long after you noticed your debit card missing did you report the missing card to your bank and have them cancel it?

Did anyone but you have your PIN number?

You will not be able to successfully sue the bank for emotional or psychological trauma.
As soon as I found out which was a few hours later when I woke up. There is proof from their temporary card I got I bought a new phone cuz it was stolen too. Nobody else knew my PIN. Why would somebody else have my PIN number?
 

neljimene23

Junior Member
How long after you noticed your debit card missing did you report the missing card to your bank and have them cancel it?

Did anyone but you have your PIN number?

You will not be able to successfully sue the bank for emotional or psychological trauma.
what are cameras for? if it wasn't me and it was not authorized by me then is theft. They think I'll give up easily that's what they rely on.
 

quincy

Senior Member
what are cameras for? if it wasn't me and it was not authorized by me then is theft. They think I'll give up easily that's what they rely on.
Did you report the theft to the police?

Debit cards can be used at locations other than the bank.
 

PayrollHRGuy

Senior Member
It is not the fault of the bank that your card was stolen.

Federal law limits the amount you may have at risk.

ATM or Debit Card Loss or Fraudulent Transfers.
If you report an ATM or debit card missing before someone uses it, the EFTA says you are not responsible for any unauthorized transactions. If someone uses your ATM or debit card before you report it lost or stolen, your liability depends on how quickly you report it:

If you report: Your maximum loss:
Before any unauthorized charges are made. $0
Within 2 business days after you learn about the loss or theft. $50
More than 2 business days after you learn about the loss or theft, but less than 60 calendar days after your statement is sent to you, $500
More than 60 calendar days after your statement is sent to you. All the money taken from
your ATM/debit card acount, and possibly more; for example, money in accounts linked to your debit account.
 

Shadowbunny

Queen of the Not-Rights
As soon as I found out which was a few hours later when I woke up. There is proof from their temporary card I got I bought a new phone cuz it was stolen too. Nobody else knew my PIN. Why would somebody else have my PIN number?
Because, unfortunately, this is not uncommon. People will give their PINs to family members, romantic partners, etc, then when the relationship sours, they cry "stolen."
 

neljimene23

Junior Member
It is not the fault of the bank that your card was stolen.

Federal law limits the amount you may have at risk.

ATM or Debit Card Loss or Fraudulent Transfers.
If you report an ATM or debit card missing before someone uses it, the EFTA says you are not responsible for any unauthorized transactions. If someone uses your ATM or debit card before you report it lost or stolen, your liability depends on how quickly you report it:

If you report: Your maximum loss:
Before any unauthorized charges are made. $0
Within 2 business days after you learn about the loss or theft. $50
More than 2 business days after you learn about the loss or theft, but less than 60 calendar days after your statement is sent to you, $500
More than 60 calendar days after your statement is sent to you. All the money taken from
your ATM/debit card acount, and possibly more; for example, money in accounts linked to your debit account.

The bank authorized fraudulent transactions, I rest my case. It is not my fault they authorized fraudulent transactions, that's theft.
 

neljimene23

Junior Member
Because, unfortunately, this is not uncommon. People will give their PINs to family members, romantic partners, etc, then when the relationship sours, they cry "stolen."
That's mere speculation that ought to be proven for it to be valid. I don't give a damn who they are and how much they are paying you or anybody to try to deter any action against them. I don't care what's common or uncommon but I care for what happened and anything that happened override anything thought of as common or uncommon.
 

quincy

Senior Member
That's mere speculation that ought to be proven for it to be valid. I don't give a damn who they are and how much they are paying you or anybody to try to deter any action against them. I don't care what's common or uncommon but I care for what happened and anything that happened override anything thought of as common or uncommon.
Please be pleasant to the volunteers on this site.

Your complaint should be against the thief who stole your debit card, not the bank. When/if the police are able to identify the thief and charge him, you can seek to recover the money from the thief.

Good luck.
 

justalayman

Senior Member
The bank authorized fraudulent transactions, I rest my case. It is not my fault they authorized fraudulent transactions, that's theft.
If they had your pin, as far as the bank is concerned it is not unauthorized. So, they allowed authorized transactions.
 

justalayman

Senior Member
As soon as I found out which was a few hours later when I woke up. There is proof from their temporary card I got I bought a new phone cuz it was stolen too. Nobody else knew my PIN. Why would somebody else have my PIN number?
So the first thing you do is check to see if your debit card is still in your wallet? What odd timing to discover your debit card is missing.

But since that is your claim: you might want to question anybody that was in your house that night.

Not understanding the statement about the temporary card and discovering something due to it. Can you explain that?

And how long ago did this happen? The bank will generslly investigate (which could take some time) but during that time they won’t generslly return the funds to your account, even if they eventually do.
 

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