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

North Carolina federal court trims Zelle fraud class action against BofA

September 2, 2025
Reading Time: 3 mins read
ABA, trade groups file amicus brief supporting Bank of America in National Bank Act preemption lawsuit

Fraudulent transfers
Georgian v. Bank of America
Date: Aug.18, 2025

Issue: Whether plaintiffs have pleaded adequately (1) breach of contract based on the alleged failure of Bank of America (BofA) to maintain the “safety and security” of plaintiffs’ online banking; and (2) “fraudulent” trade practices under California consumer protection law.

Case Summary: A North Carolina federal court partially sustained Bank of America’s objections to a magistrate judge’s recommendation allowing a proposed class action over alleged Zelle fraud to proceed, determining the lawsuit fails to plausibly plead claims under any state consumer protection statutes.

In 2022, five BofA account holders (plaintiffs) sued BofA alleging it violated the Electronic Fund Transfer Act by not responding properly when hackers fraudulently withdrew funds from their accounts. Plaintiffs alleged that in similar instances, they received phone calls from individuals posing as BofA employees. These callers claimed they were investigating suspicious transactions but deceived plaintiffs into providing account information to protect themselves from fictitious fraud.

Immediately afterward, funds ranging from $850 to $3,500 were transferred out of their accounts via Zelle. Plaintiffs reported the fraudulent transfers to BofA, but alleged the bank investigated and concluded the transactions were not unauthorized, refused to provisionally credit plaintiffs’ accounts and failed to reimburse them for the losses.

Along with their EFTA claim, plaintiffs accused BofA of breaching its contract and the implied covenant of good faith and fair dealing. They also alleged false advertising, consumer fraud and unfair competition under the laws of New York, New Jersey, South Carolina and California. BofA moved to dismiss, arguing plaintiffs failed to state a valid claim, noting that each state law required proof that BofA’s alleged deceptive statements caused their harm.

Judge Timothy Reif dismissed the state consumer protection claims, ruling that plaintiffs failed to plausibly allege violations under any statute. Plaintiffs claimed that BofA violated California’s Unfair Competition Law (CA UCL), the South Carolina Unfair Trade Practices Act (SCUPTA), New York General Business Law § 349 (NYGBL), and the New Jersey Consumer Fraud Act (NJCFA). They argued that BofA misrepresented and concealed material facts about Zelle and the safety of its banking services.

On the allegations of fraudulent or deceptive practices, BofA argued that it made no statements likely to mislead a reasonable consumer or cause injury. BofA further asserted that the CA UCL, SCUTPA, and the NJCFA all require proof of causation, and that plaintiffs’ injuries stemmed from criminal third parties, not from any unfair practice by the bank.

Judge Reif agreed with BofA, ruling that plaintiffs merely claimed BofA’s Zelle-related marketing could mislead the public, but never alleged they saw the statements. He reviewed each state statute and emphasized that plaintiffs failed to claim any reliance on BofA’s alleged misrepresentations or omissions.

Judge Reif dismissed the breach of contract claim under BofA’s Online Banking Service Agreement (OBSA). Plaintiffs argued that BofA had a duty to maintain the safety and security of customers’ online banking. Judge Reif explained that the complaint did not cite any contractual language imposing such an obligation. Because plaintiffs failed to identify a specific provision requiring BofA to ensure security, they did not plausibly allege a breach.

However, the court declined to dismiss plaintiffs’ claims under the EFTA and their claim for breach of contract with fraudulent intent. Judge Reif provided no further commentary on these claims.

Bottom Line: Plaintiffs’ claims under the EFTA and breach of contract will proceed to discovery.

Document: Opinion

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: June 15

Uncategorized
June 15, 2026

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

Four Ways Banks Protect Seniors by Reducing Social Isolation

A national campaign to fight impostor scams targeting seniors

Compliance and Risk
June 15, 2026

By participating, banks can help ensure that more consumers are better prepared to recognize and avoid fraud.

Compliance question of the month: February 2025

Compliance question of the month: June 2026

Uncategorized
June 8, 2026

My bank offers a consumer checking account product titled "Free Checking." This product currently has no maintenance or activity fees, and no minimum balance or transaction requirements. The bank is considering adding a nominal monthly paper statement fee...

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

Recent news from Treasury’s Office of Foreign Assets Control: June 8

Uncategorized
June 8, 2026

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

Fed report: Banking system remains strong, assessing of fintech risk ramps up

ABA files amicus brief urging Second Circuit to review Fed board’s denial of Canandaigua’s Cash Guarantee Mortgage Program

Uncategorized
June 2, 2026

ABA filed a coalition amicus brief urging the Second Circuit to review the Fed board's decision denying Canandaigua National Corporation’s application to offer its Cash Guarantee Mortgage Program.

Eleventh Circuit determines Chase not liable in Fair Credit Reporting Act lawsuit

ABA files amicus brief urging Third Circuit to review TransUnion class certification ruling

Uncategorized
June 2, 2026

ABA filed a coalition amicus brief urging the Third Circuit to grant TransUnion LLC’s petition to review a district court decision that certified a class action alleging it violated the FCRA by failing to immediately block allegedly fraudulent...

NEWSBYTES

Warsh to launch review of how Fed sets monetary policy

June 17, 2026

FASB proposes targeted improvements to hedge accounting guidance

June 17, 2026

OCC seeks to clarify procedures for approving, denying filings

June 17, 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: Talent and innovation in community banking

June 18, 2026

Podcast: Understanding bank regulators’ guidance on illegal immigration

June 11, 2026

Podcast: Creating a feeling of welcome, for customers and new bankers

May 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.