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Consumer Law Keyed to Whaley, 9th Ed.
Krieger v. Bank of America, N.A.
Citation:
890 F.3d 429 (2018)Facts
William Krieger discovered his computer had stopped working and received a phone call from someone claiming to be a Microsoft employee who needed remote access to fix a virus. Krieger’s daughter recognized this as a scam and disconnected the computer, but not before Krieger saw his Bank of America credit card number flash across the screen. Krieger immediately contacted BANA and discovered a fraudulent $657 Western Union money transfer charge. BANA initially told him nothing could be done until his next statement arrived. When the July statement arrived with the charge, Krieger disputed it again. After threatening to cancel his account, BANA agreed to credit the charge while investigating and sent a letter stating the dispute was considered resolved. The August statement showed a credit for $657. However, in mid-September, BANA sent Krieger a letter stating Western Union had verified the charge and it would be rebilled. The charge reappeared on his September 18 statement. Krieger sent a detailed written dispute letter on September 29, which BANA received and denied. Krieger paid the charge to avoid late fees and interest, then filed suit alleging violations of the FCBA and TILA’s unauthorized-use provision.
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