Truist Banks customer agreements require a customer to promptly notify the bank of any problems with an

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Truist Bank’s “customer agreements” require a customer to promptly notify the bank of any problems with an account. The agreement also limits the bank’s liability for transactions by the same unauthorized party if the customer does not notify the bank within 60 days. Further, a customer cannot commence a legal action based on an unauthorized transfer more than one year from the date of the statement containing the transaction. James Binns had a commercial account and a personal account with Truist Bank. His daughter illegally used the routing and account numbers for the commercial account to request hundreds of electronic transfers to pay her personal bills. Truist sends Binns monthly statements, but he never reconciled the charges. Four years after his daughter first made these unauthorized transfers, Binns also learned that she had made withdrawals from his personal account. He then reconciled his statements for his commercial account and filed a claim in a federal district court against Truist Bank for reimbursement. The trial court granted a summary judgment in the bank’s favor. Did the customer agreement bar Binns’ claim?

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Business Law Text And Exercises

ISBN: 9780357717417

10th Edition

Authors: Roger LeRoy Miller, William E. Hollowell

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