When Brock Bennett lost his wallet, he immediately reported the loss of his debit card to Bank of America (BOA). Yet, when his bank statements reflected fraudulent activity, BOA refused to reverse the charges and Bennett was forced to sue the bank in small claims court.
After Bennett was awarded $5,000, BOA appealed to the Appellate Term, Second Department, which affirmed. The AT2 deferred to the District Court's credibility findings and found the outcome based on a "fair interpretation of the evidence."
How constricting was that?
To download a copy of the Appellate Term's decision, please use this link: Bennett v. Bank of America