In Widjaja v. JPMorgan Chase Bank, N.A., No. 20-55862, 2021 U.S. App. LEXIS 37512, at *1-2 (9th Cir. Dec. 20, 2021), the Court of Appeals affirmed in part and reversed in part the district court's dismissal of an action under the Electronic Fund Transfer Act against JPMorgan Chase Bank. The Court of Appeals summarized its holding as follows: Reversing the… Read More
In Tims v. Lge Cmty. Credit Union, No. 17-14968, 2019 U.S. App. LEXIS 25731, at *2-8 (11th Cir. Aug. 27, 2019), the Court of Appeals for the Eleventh Circuit found an EFTA violation based on an ambiguous opt-in notice and the Credit Union's practice of applying an "available balance" method rather than a "ledger" method. The facts were as follows:… Read More
In Foreman v. Bank of Am., N.A., No. 18-cv-01375-BLF, 2019 U.S. Dist. LEXIS 136743 (N.D. Cal. Aug. 13, 2019), Judge Freeman addressed the propriety of a “stop payment” fee imposed by a bank on a consumer who wishes to stop EFT payments. This case involves a consumer's right to authorize his bank to transfer funds electronically to third parties through… Read More
In Foreman v. Bank of America, 2018 WL 6421873, at *1 (N.D.Cal., 2018), Judge Freeman dismissed an EFTA case based, in part, on the purported charging of stop-payment fees. This case involves a consumer's right to authorize his bank to transfer funds electronically to third parties through what is aptly named an “electronic fund transfer.” Such transfers are governed by the… Read More
In Salls v. Digital Federal Credit Union, 2018 WL 5846820 (D.Mass., 2018), Judge Hillman allowed an EFTA claim to proceed against a Credit Union. Brandi Salls (“Plaintiff”) brings a putative class action challenging the practice of Digital Federal Credit Union and DOES 1 through 100 (“Defendant”) to charge overdraft fees when members accounts have sufficient funds to cover the transactions.… Read More
In McClellon v. Capital One Bank, N.A., 2018 WL 5240528, at *3–4 (W.D.Wash., 2018), Judge Coughenour dismissed an EFTA Plaintiff's claims based on claimed duties not required by Reg. E/EFTA. The implementing regulations of the Electronic Fund Transfer Act (“EFTA”), 15 U.S.C. § 1693, et seq., commonly known as “Regulation E,” broadly deal with the “basic rights, liabilities, and responsibilities… Read More
In White v. Chase Bank USA, N.A., 2017 WL 1131898, at *2–6 (E.D.N.C., 2017), Judge Britt held that an FCBA claim could proceed past the pleadings stage but an EFTA claim could not. The Plaintiff adequately pleaded an FCBA claim. Plaintiff first alleges that Chase violated the billing dispute procedures contained in the FCBA because it failed to conduct a… Read More
In Park v. Webloyalty.com, Inc., 2017 WL 1149516, at *1–2 (C.A.9 (Cal.), 2017), the Court of Appeals for the Ninth Circuit said the following facts gave rise to a proper EFTA claim. "After Kevin Park bought a gift certificate for his minor son Matthew from Gamestop.com, he saw a coupon for $10.00 on the Gamestop.com purchase confirmation page. He clicked… Read More
In Blatt v. Capital One Auto Finance, Inc., 2017 WL 660677, at *3–4 (M.D.Tenn., 2017), Judge Sharp granted summary judgment to an automobile finance company on a Plaintiff's EFTA claim. First, Blatt claims that his authorization over the phone does not equate to written authorization as contemplated in the EFTA. (Docket No. 38 at 4). Blatt acknowledges that the EFTA… Read More
In Kleiner v. Earthlink, Inc., 2017 WL 345525, at *1 (E.D.Cal., 2017), Judge Orrick denied a motion to dismiss an EFTA claim. The facts were as follows. Around December 2015, Linda Kleiner called EarthLink to purchase internet services. Complaint (“Compl.”) (Dkt. No. 1) ¶ 9. During this call, she learned that EarthLink's “services were a ‘dial-up’ type internet” and told… Read More
In Ramirez v. Baxter Credit Union, 2017 WL 118859, at *2 (N.D.Cal., 2017), Judge Illston dismissed an EFTA class action. The facts were as follows: This dispute, and others like it, hinge on how a financial institution calculates accountholders' account balances when determining whether an overdraft has occurred, and whether the institution adequately informs accountholders of these overdraft practices. A… Read More
