Question: Lawrence Kruser and his wife maintained a joint checking account with Bank of America on which they were issued ATM cards. The Krusers believed that
Lawrence Kruser and his wife maintained a joint checking account with Bank of America on which they were issued ATM cards. The Krusers believed that Mr. Kruser's ATM card was destroyed in September, but their December account statement showed a $20 withdrawal from their account by someone using Mr. Kruser's card. Mrs. Kruser did not examine the December bank statement promptly because at that same time she underwent surgery that required months of recuperation. Indeed, she did not discover the unauthorized withdrawal until the following August, although upon finding it she immediately reported it to the bank. In September, the Krusers received bank statements for July and August which showed forty-seven unauthorized withdrawals that totaled $9,020 made by someone using Mr. Kruser's ATM card. The Krusers notified the bank within a few days of receiving the statements, but the bank refused to reimburse them for the withdrawals. The Krusers filed a lawsuit in a California state court against the bank. The bank claimed that it was not liable for charges made on a card that it would have canceled had it known of the first unauthorized withdrawal. The court most likely held that the bank was: a. relieved of liability, because under the Electronic Fund Transfer Act (EFTA), banks are not liable for unauthorized ATM withdrawals. b. not relieved of liability, because the Krusers were excused from notifying the bank due to Mrs. Kruser's illness. c. relieved of liability, because the Krusers failed to sufficiently notify the bank of the original unauthorized withdrawal. d. not relieved of liability, because the Krusers notified the bank within one year of learning of the unauthorized use of their card.
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