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Commercial Law Keyed to Whaley
Azur v. Chase Bank, USA
Citation:
601 F.3d 212 (2010)Facts
Azur was the founder of a company called ATM Corporation of America, Inc. (“ATM”) that managed settlement services for large national lenders. In July 1997, ATM hired a personal assistant for Azur named Michele Vanek. Vanek was responsible to review Azur’s credit card and bank statements. Between 1999 and 2006, Vanek withdrew without authorizations cash advances from Azur’s Chase credit card account totaling over $1 million. In this time, Chase had detected several potentially fraudulent activities and called Azur’s residence to address its concerns. However, on each occasion Chase ended up resolving the issue with Vanek, rather than speaking with Azur directly, as Vanek had access to Azur’s personal details and the answers to the account’s security questions. Azur and ATM discovered Vanek’s fraudulent scheme on or about March 7, 2006. Azur sent a letter to Chase informing it of his intention to sue the bank regarding the unauthorized transactions and eventually brought claims alleging violations of 15 U.S.C. §§1643 and 1666 of the Truth in Lending Act (“TILA”) as well as a common law negligence claim.
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