Merisier v. Bank of America, N.A.

A bank customer sued her bank to recover for unauthorized withdrawals from her checking account, made using her check card and personal identification number (PIN). Federal law requires a bank to investigate such disputed transactions, to notify the customer if it has verified the transactions as authorized, and to recredit the account if the withdrawals were unauthorized; failure to do so renders the bank liable to the customer for up to treble damages. The bank investigated the withdrawals at issue in this case, found that they were the product of a scheme to defraud the bank, and denied liability for the withdrawals. The customer, represented by counsel, brought suit. By the time the case was tried to the district court, the customer was pro se. After a two-day bench trial, the District Court rejected the customer's EFTA claims and entered judgment for the bank. Specifically, the District Court found that the transactions were authorized because they were part of a scheme to defraud the bank. The customer appealed pro se. Although the briefs were "inartfully" drawn, she challenged the District Court's finding as clearly erroneous. After thorough review, the Eleventh Circuit found no error and therefore affirmed. View "Merisier v. Bank of America, N.A." on Justia Law