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 and the Department of State: Sept. 21

Uncategorized
September 21, 2026

The Office of Foreign Assets Control and the Department of State announced the following sanctions action last week. Russia-related Sanctions OFAC issues Russia-Related General License: OFAC issued Russia-related General License 131J authorizing certain transactions related to the potential...

Compliance question of the month: February 2025

Compliance question of the month: September 2026

Uncategorized
September 21, 2026

Compliance QOTM answers question on Regulation B (Equal Credit Opportunity Act) adverse action notifications.

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: Sept. 14

Uncategorized
September 14, 2026

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

ABA files coalition amicus brief arguing FDIC’s CMP against CBW Bank violates Jarkesy

Seventh Circuit upholds FDIC’s in-house enforcement process

Uncategorized
September 1, 2026

In a unanimous decision, a Seventh Circuit panel ruled that the FDIC did not violate the Seventh Amendment by adjudicating an enforcement action seeking a prohibition order and civil money penalty.

Fifth Circuit rules SEC must fix stock buyback rule

Tenth Circuit affirms dismissal of APA challenge to SEC enforcement action

Uncategorized
September 1, 2026

A unanimous Tenth Circuit panel affirmed the dismissal of a lawsuit challenging the SEC’s enforcement of federal anti-money laundering reporting requirements against an affiliate.

FDIC posts sample docs to provide clarity into marketing, sale process of failing banks

Second Circuit rules AP7 has prudential standing to pursue Signature Bank securities claims

Uncategorized
September 1, 2026

In a unanimous decision, a Second Circuit panel vacated a New York federal court decision ruling that Sjunde AP-Fonden (AP7) lacked prudential standing to pursue securities fraud claims against KPMG and former Signature Bank officers.

NEWSBYTES

Senate bill would create process for raising bank regulatory thresholds

September 23, 2026

OCC releases mortgage performance report for Q2 2026

September 23, 2026

FHA proposes changes to single-family housing minimum property requirements

September 23, 2026

SPONSORED CONTENT

Beyond the Portfolio: The Wealth Manager’s New Role in a Multigenerational World

Beyond the Portfolio: The Wealth Manager’s New Role in a Multigenerational World

September 17, 2026
Banking Technology at a Strategic Crossroads

Banking Technology at a Strategic Crossroads

September 8, 2026
Taming AI Agent Sprawl: A Playbook for Consumer Lending

Taming AI Agent Sprawl: A Playbook for Consumer Lending

September 1, 2026
Grow Public Deposits Without the Operational Burden End Fragment

Grow Public Deposits Without the Operational Burden End Fragment

September 1, 2026

PODCASTS

Podcast: Making the jump from a high performer to a high-performing leader

September 16, 2026

Podcast: Remembering 9/11, a quarter century later

September 10, 2026

Podcast: Banking the brave new world of college athletics

August 4, 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.