After Jan. 6 riots, Bank of America spied on customers’ data, new lawsuit claims
A new federal lawsuit accuses Bank of America of conducting sweeping, warrantless financial surveillance on millions of customers and sharing private data with federal law‑enforcement agencies in the aftermath of the Jan. 6, 2021, U.S. Capitol attack by supporters of President Donald Trump
The Charlotte-based bank is accused of searching its customer base for people who traveled to the Washington, D.C., area around Jan. 6, according to the complaint filed Jan. 5 in U.S. District Court Middle District of Florida by Neil Castellon of Orlando.
The bank turned over lists of customers to the FBI without subpoenas, warrants or any legal obligation to do so, according to the complaint. The results were shared with an estimated 472 federal, state and local law enforcement agencies.
“The legal claims in this lawsuit are without merit,” Bank of America spokeswoman Abbey Collins told The Charlotte Observer Wednesday. “We followed all applicable legal obligations and regulatory requirements in our interactions with the Treasury Department and law enforcement.”
Lawyers for Castellon also are seeking to get the case designated as a class-action.
“This action challenges an unprecedented warrantless surveillance program in which Bank of America abandoned its role as a neutral custodian of customer funds and instead became a sophisticated aggregator of personal and financial customer data,” the 89-page complaint said.
On Jan. 6, 2021, the U.S. Capitol was attacked by a mob of Trump supporters who stormed a Congressional session to certify the presidential election victory for Democrat Joe Biden. There are seven deaths linked to the Jan. 6 attack, including one rioter and a police officer.
The FBI has estimated around 2,000 people took part in criminal acts at the event. As of last January, 1,575 people were charged in connection with the attack. On Trump’s first day in office after being re-elected in 2024, he pardoned and commuted all sentences related to the riot.
On Tuesday, the fifth anniversary of the insurrection, the White House released an official webpage that rewrites the day’s history. Democrats and other Trump critics have accused him and Republicans of “whitewashing” Trump-incited mob attack for the past five years.
Whistleblower claims spark Bank of America lawsuit
The federal case relies on testimony from a former FBI contractor who claimed Bank of America “proactively” combed through its records in the days following the riot.
The whistleblower alleged the bank created a multi‑tiered list of customers based on travel patterns, purchase histories and other lawful activities, then delivered that list to federal agents within 48 hours.
The FBI’s Boston field office reportedly refused to act on the information. Other field offices, however, allegedly used the data to conduct interviews and further investigations, according to the lawsuit.
Bank of America used fraud surveillance system
The complaint describes the nation’s second-largest bank as operating an expansive internal surveillance infrastructure, including tens of millions of customer accounts, billions of annual transactions and artificial‑intelligence systems capable of profiling behavior, location patterns and purchasing habits.
The system, designed for fraud detection, was repurposed to identify individuals based on political associations, travel, or constitutionally protected activities, according to the complaint.
By its actions, Bank of America violating the right to Financial Privacy Act, and the First, Fourth and Fifth Amendments of the U.S. Constitution, according to claims in the lawsuit.
Banks urged to flag transactions
The Financial Crimes Enforcement Network, a bureau of the U.S. Treasury Department, met with 30 to 50 banks on Jan. 8, 2021, according to the lawsuit, encouraging banks to flag transactions involving political keywords, travel to Washington, or purchases of items such as sporting goods, VPN services or life insurance.
The lawsuit claimed that this effectively turned private banks into “de facto intelligence agencies,” conducting surveillance on Americans without judicial oversight.
The plaintiff seeks damages for privacy invasion, emotional distress, reputational harm and alleged placement on government watch lists.
Debanking accusations follow Jan. 6 insurrection
Bank of America and other banks also have come under fire by Trump and conservatives for “debanking” following the Jan. 6 insurrection.
“Debanking” refers to the practice of banks closing or restricting access to financial services for certain individuals or entities, often based on assessments of risk to the bank’s reputation, according to the Office of the Comptroller of the Currency.
Trump claimed major banks rejected his business following his first term when he had "a billion plus" to deposit. In August, Trump signed an executive order saying banks can no longer consider the risk to their reputations when deciding whether to do business with someone.
Bank of America has denied Trump’s accusations, stating that political beliefs are not a factor in account closure decisions.
Last month, federal banking regulators released preliminary findings that nine of the nation’s largest banks engaged in discriminatory “debanking” practices.
The OCC is reviewing nearly 100,000 consumer complaints to identify instances of debanking based on political or religious beliefs, according to the agency. The supervisory review is ongoing to assess how bank policies were applied over the last five years.
This story was originally published January 8, 2026 at 5:00 AM with the headline "After Jan. 6 riots, Bank of America spied on customers’ data, new lawsuit claims."
