City Bank mistakenly transfers $1,000 from the account of Donna, its customer, to the account of Earl in First Federal Bank. The transfer is done electronically. When City Bank learns of the mistake, it credits Donna's account and asks First Federal to "return" $1,000. First Federal refuses. City Bank files a suit against First Federal, claiming that it is in violation of the Electronic Fund Transfer Act. How might the court rule?

What will be an ideal response?


The court will likely rule in favor of First Federal on City Bank's claim under the Electronic Fund Transfer Act (EFTA). The EFTA does not apply because the plaintiff and defendant are financial institutions, not consumers. The EFTA covers only electronic fund transfers made by consumers. Transfers between financial institutions are not covered under the EFTA. City Bank may recover under other legal theories, however, possibly including a cause founded on Article 4A of the Uniform Commercial Code.

Business

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