ABA Banking Journal
No Result
View All Result
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive
SUBSCRIBE
ABA Banking Journal
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive
No Result
View All Result
No Result
View All Result
Home Uncategorized

ABA files amicus brief supporting Citibank in New York attorney general’s EFTA lawsuit

March 3, 2025
Reading Time: 3 mins read
ABA files coalition amicus brief to urge N.Y. District Court to dismiss state AG’s EFTA lawsuit against Citi

Electronic Fund Transfer Act 
The People of New York v. Citibank N.A.
Date: Feb. 25, 2025

Issue: Whether the Southern District of New York should certify its order for interlocutory review.

Case Summary: ABA filed a coalition amicus brief urging the Southern District of New York to allow an interlocutory appeal of its decision that refused to dismiss the New York attorney general’s wire-transfer Electronic Fund Transfer Act (EFTA) claim.

The New York attorney general (NYAG) sued Citi alleging it violated the EFTA because it lacked sufficient online security measures to protect against scammers and unlawfully refused to reimburse them for fraud losses from wire transfers. Under the EFTA, consumers may dispute outgoing electronic payments and receive refunds for unauthorized withdrawals. According to NYAG, the bank did not use strong enough data security measures to protect consumer financial accounts, respond appropriately to red flags, or limit theft by scam. NYAG also claimed Citi reacted ineffectively to fraud alerts, misled consumers, and summarily denied their claims. Citi moved to dismiss, arguing the EFTA does not apply because Article 4A of the Uniform Commercial Code (UCC) governs wire transfers.

The Southern District of New York granted in part and denied in part Citibank’s motion to dismiss NYAG’s lawsuit. The court denied Citi’s motion to dismiss NYAG’s claim that the bank violated the EFTA by failing to protect consumer wire transfers. Citi argued that Subsection (7)(B) of the EFTA exempts such transfers from EFTA coverage, but the court ruled the exemption applies only to interbank fund movements, not consumer-initiated payment orders.

In its brief supporting Citibank, ABA urged the court to certify its order for interlocutory appeal because the elements are satisfied. First, ABA argued there is substantial ground for difference of opinion as to whether online consumer wire transfers are subject to the EFTA. ABA argued that both the text and context of Section 7(B) support exempting the entire transfer. The EFTA defines an “electronic fund transfer” as one initiated through an electronic terminal to instruct a financial institution to debit or credit an account. ABA emphasized that Section 7(B) mirrors Section 7 by using the phrase “any transfer of funds” to describe consumer-initiated transfers excluded from the EFTA’s scope. Because statutory terms should have consistent meanings, ABA argued Section 7(B) should be read as referring to the same transfers as Section 7 except those made via wire services, which demonstrates Congress’s intent to exclude consumer-initiated wire transfers from EFTA coverage.

ABA also argued that decades of case law and regulatory guidance contradict the court’s decision, highlighting Stepakoff v. IberiaBank Corp. as a key example. There, the court held that Section 7(B) barred an EFTA claim based on a failed wire transfer request. However, under the current ruling, the EFTA would apply to the same request, creating a direct conflict. ABA stressed that this inconsistency creates legal uncertainty and forces its members to navigate conflicting interpretations across jurisdictions.

Finally, ABA argued that interlocutory review is warranted given the dramatic impact of the court’s novel decision. For decades, ABA members have depended on established case law and regulatory guidance confirming that wire transfers — aside from certain cross-border remittances — are not classified as electronic fund transfers under the EFTA and Regulation E but instead fall under Article 4A. The brief emphasized that this long-standing framework has shaped financial institutions’ operations, pricing, and policies. In effect, the court’s order disrupts this settled regime, creating uncertainty that could force costly operational overhauls or lead banks to restrict online wire transfers, thereby limiting consumer access. Prompt appellate review, ABA argued, is essential to prevent such disruptions.

Bottom Line: Initial conference is set for March 13, 2025.

Documents: Brief

Tags: Banking Docket
ShareTweetPin

Related Posts

Recent news from Treasury’s Office of Foreign Assets Control: April 5

Recent news from Treasury’s Office of Foreign Assets Control: July 20

Uncategorized
July 20, 2026

News items that are the most recent sanctions-related actions from the Office of Foreign Assets Control.

Recent news from Treasury’s Office of Foreign Assets Control: April 5

Recent news from Treasury’s Office of Foreign Assets Control and the Department of State: July 13

Uncategorized
July 13, 2026

News items that are the most recent sanctions-related actions from the Office of Foreign Assets Control.

Terrorism and money laundering aggregates published: April through June 2024

Terrorism and money laundering aggregates published: April through June 2026

Uncategorized
July 13, 2026

The FinCEN 314(a) Updates section is published on a periodic basis to better capture the trend line for 314(a) usage. Section 314(a) of the USA PATRIOT Act allows information sharing between law enforcement and the private sector where...

Compliance question of the month: February 2025

Compliance question of the month: July 2026

Uncategorized
July 13, 2026

Compliance QOTM answers question on adverse action reason when denying a mortgage loan application from an individual who cannot establish legal residency and/or work authorization.

ABA files amicus brief urging N.Y. Supreme Court to dismiss Zelle lawsuit against Early Warning Services LLC

ABA files amicus brief urging N.Y. Supreme Court to dismiss Zelle lawsuit against Early Warning Services LLC

Uncategorized
July 6, 2026

ABA filed a coalition amicus brief urging the Supreme Court of New York to dismiss a lawsuit against EWS for allegedly failing to protect Zelle users from fraud.

ABA files amicus brief urging second circuit to reverse secondary liability ruling

ABA files amicus brief urging second circuit to reverse secondary liability ruling

Uncategorized
July 6, 2026

ABA filed a coalition amicus brief urging the Second Circuit to reverse a New York federal court decision that held BNP Paribas secondarily liable under the Anti-Terrorism Act for injuries arising from violent acts committed by the Sudanese...

NEWSBYTES

FDIC issues relief guidance for Louisiana, Mississippi banks affected by storms

July 22, 2026

ABA, associations: Updated crypto market structure bill still puts local lending at risk

July 22, 2026

Main Street Capital Access Act would extend CDFI bond guarantee program

July 22, 2026

SPONSORED CONTENT

Why Your Systems Keep Slowing Down — and What to Do About It

Examiners Are Now Looking at Your Non-Core Systems

June 11, 2026
Your Floorplan Audit and Your Credit Decision Are Weeks Apart. That Gap Has a Price.

Your Floorplan Audit and Your Credit Decision Are Weeks Apart. That Gap Has a Price.

June 1, 2026
A Modern Blueprint for Serving High-Net-Worth Families

A Modern Blueprint for Serving High-Net-Worth Families

May 28, 2026
Why Your Systems Keep Slowing Down — and What to Do About It

AI Is in Your Bank. Is Your Cloud Contract Governing It?

May 20, 2026

PODCASTS

Podcast: Understanding the 2025 Home Mortgage Disclosure Act data

July 8, 2026

Podcast: Financing America’s independence

June 29, 2026

Podcast: Talent and innovation in community banking

June 18, 2026

American Bankers Association
1333 New Hampshire Ave NW
Washington, DC 20036
1-800-BANKERS (800-226-5377)
www.aba.com
About ABA
Privacy Policy
Contact ABA

ABA Banking Journal
About ABA Banking Journal
Media Kit
Advertising
Subscribe

© 2026 American Bankers Association. All rights reserved.

No Result
View All Result
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive

© 2026 American Bankers Association. All rights reserved.