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’s petition for Second Circuit appeal in EFTA lawsuit

June 2, 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: May 9, 2025

Issue: Does the Electronic Fund Transfer Act (EFTA) govern wire transfers?

Case Summary: ABA filed a coalition amicus brief urging the Second Circuit to grant Citibank’s petition for interlocutory review of a district court decision ruling the EFTA governs wire transfers.

The New York attorney general (NYAG) sued Citi, alleging it violated the EFTA for having insufficient online security measures to protect against scammers and unlawfully refusing 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, Citi 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. However, the Southern District of New York granted and denied Citi’s motion in part. The court concluded Subsection (7)(B) of the EFTA applies only to interbank fund movements, not consumer-initiated payment orders. Citibank moved the district court to certify its opinion and order for interlocutory appeal to the Second Circuit and to stay the action in the interim. ABA filed a coalition amicus brief supporting Citi’s motion, which the court granted on Apr. 25, 2025. On May 2, 2025, Citibank petitioned the Second Circuit for interlocutory review.

ABA’s most recent coalition amicus brief presented two main arguments. First, ABA argued that substantial grounds exist for differing opinions on whether the EFTA applies to online consumer wire transfers. It asserted that the district court misread EFTA’s statutory text by narrowly dissecting individual phrases instead of considering the statute’s overall structure and purpose. For example, ABA noted that this analytical method led the court to conclude that Congress “conspicuously omitted” reference to consumer wires from Subsection 7B. According to the court, for a transfer to fall within Subsection 7(B) it must be “made by a financial institution,” “on behalf of a consumer” and “by means of a service that transfers funds held at either Federal Reserve banks or other depository institutions and which is not designed primarily to transfer funds on behalf of a consumer.” The court emphasized that it was noteworthy that Congress chose to write “by a financial institution” rather than “by a consumer.” But ABA highlighted that the very next part of the same phrase explicitly referenced transfers “made by a financial institution on behalf of a consumer.”

ABA also argued that the court misinterpreted Section 7(B), rendering it meaningless and ignoring Congress’s intent. Because EFTA applies only to consumer accounts, not interbank transfers between institutional accounts, ABA contended that the court improperly expanded EFTA’s scope.

Second, ABA argued interlocutory review is particularly appropriate in light of the dramatic consequences of the court’s admittedly novel decision. ABA warned that if the court’s decision stands, it could inject major uncertainty, impose heavy compliance burdens, and possibly force banks to limit or eliminate online wire transfer options for consumers. ABA explained the financial industry has long structured its operations around a settled legal understanding that excluded wire transfers from EFTA’s scope. The court’s decision disrupted that framework, creating significant uncertainty and forcing ABA’s members to consider costly changes to their online funds transfer systems.

Bottom Line: Due to associated costs and risks, ABA emphasized that prompt appellate review is crucial to prevent unnecessary disruptions for its members and the consumers they serve.

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: Aug. 31

Uncategorized
August 31, 2026

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

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: Aug. 24

Uncategorized
August 24, 2026

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

Compliance question of the month: February 2025

Compliance question of the month: August 2026

Uncategorized
August 17, 2026

Compliance QOTM answers question on construction loan reporting under the Home Mortgage Disclosure Act.

Beyond Surveillance: Rethinking Security for Modern Financial Institutions

Beyond Surveillance: Rethinking Security for Modern Financial Institutions

Sponsored Content
August 12, 2026

Sponsored content presented by Axis Communications For decades, physical security within financial institutions has been largely reactive. Security teams investigated incidents after they occurred, using recorded video to understand what happened and support response efforts. While this approach...

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: Aug. 10

Uncategorized
August 10, 2026

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

ABA, trade groups: CFPB has no authority to enact rule limiting arbitration 

ABA files amicus brief urging U.S. Supreme Court to clarify Federal Arbitration Act’s application to bankruptcy claims

Uncategorized
August 5, 2026

ABA filed an amicus brief urging the U.S. Supreme Court to review a Fourth Circuit decision holding that the FAA does not require courts to enforce arbitration agreements covering claims under Section 362(k) of the Bankruptcy Code.

NEWSBYTES

ABA offers improvements for FDIC deposit insurance assessment, resolution plan proposals

August 31, 2026

FSB chair urges financial institutions, tech providers to prepare for AI risks

August 31, 2026

Final: Consumer sentiment fell in August

August 28, 2026

SPONSORED CONTENT

Could Your Bank Absorb the Hidden Cost of Running Legacy Systems?

August 20, 2026
Why Your Systems Keep Slowing Down — and What to Do About It

The exam question a backup can’t answer

August 18, 2026
Beyond Surveillance: Rethinking Security for Modern Financial Institutions

Beyond Surveillance: Rethinking Security for Modern Financial Institutions

August 12, 2026
Relationship Banking at Scale: Why Banks Need The Digital Sales & Service Platform

Relationship Banking at Scale: Why Banks Need The Digital Sales & Service Platform

August 1, 2026

PODCASTS

Could Your Bank Absorb the Hidden Cost of Running Legacy Systems?

August 20, 2026

Podcast: Banking the brave new world of college athletics

August 4, 2026

Podcast: Tactics for meaningful strategic planning

July 28, 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.