Yannuzzi has a checking account at Texas Bank. She frequently uses her access card to obtain cash
Question:
Yannuzzi has a checking account at Texas Bank. She frequently uses her access card to obtain cash from the bank’s automated teller machines. She always withdraws $50 when she makes a withdrawal, but she never withdraws more than $50 in any one day. When she received the April statement on her account, she noticed that on April 13 two withdrawals for $50 each had been made from the account. Believing this to be a mistake, she went to her bank on May 10 to inform it of the error. A bank officer told her that the bank would investigate and advise her as to the result. On May 26, the bank officer called her and said that bank personnel were having trouble locating the error but would continue to try to find it. On June 20, the bank sent her a full written report telling her that no error had been made. Yannuzzi, unhappy with the bank’s explanation, filed suit against the bank, alleging that it had violated the Electronic Fund Transfer Act. What was the outcome of the suit? Would it matter if the bank could show that on the day in question it deducted $50 from Yannuzzi’s account to cover a check that cleared the bank on that day—a check that Yannuzzi had written to a local department store?
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