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U.S. Court of Appeals for the Second Circuit

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Second Circuit issues summary order holding that the bona fide error defense of the Electronic Fund Transfer Act applies to both clerical and factual errors, and shields the bank from liability for its initial failure to return disputed funds to plaintiff’s account

November 13, 2025

Summary Order

U.S. Chamber files coalition amicus brief urging Second Circuit to hold that the bona fide error defense of the Electronic Fund Transfer Act applies when financial institutions charged with investigating, resolving, and paying claims for unauthorized transfers make unintentional, good faith errors

May 05, 2025

U.S. Chamber Amicus Brief

Benjamin Chapin, Julia M. May, and Noah Levine of Wilmer Cutler Pickering Hale and Dorr LLP served as outside counsel.

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