Bank negligence occurs when a financial institution breaches the duty of care that they owe a customer resulting in financial loss. When a bank provides a substandard service, it can be held liable for damages in some cases. For example, if a third-party accesses your account and transfers your money out and the bank refuses to refund you for those assets, you may have a valid claim. It is important to consult with an attorney to determine whether you have a valid legal claim.
What Are Common Types of Bank Negligence?
Bank negligence can come in many forms. It is not limited to data breaches and security failures. It can also involve embezzlement or violations of state and federal regulations.
Common types of bank negligence include:
- Violations of the Uniform Commercial Code
- Embezzlement
- Security failures and data breaches
- Wire transfer errors
- Fraud
- Failure to release funds
Bank negligence can result in substantial losses. It is important to act quickly to ensure that you receive the best possible outcome in your case.
Violations of the Uniform Commercial Code
One of the most common forms of bank negligence involves a violation of the Uniform Commercial Code (UCC). The UCC regulates commercial transactions. It is a set of laws that have been adopted by most states. It also deals with negotiable instruments such as checks, letters of credit, and bank deposits.
A violation of the UCC may include failing to properly open and maintain a customer’s bank account or not practicing proper due diligence in detecting fraudulent instruments. Banks must comply with state and federal regulations. A failure to comply with these regulations can result in harm to a client.
Embezzlement
Another common example of bank negligence is when they fail to supervise their employees. A failure to supervise can result in embezzlement or other fraud. A bank must have security measures in place to protect its customers from this type of activity.
Security Failures
In addition to embezzlement, security failures can cause hackers to gain unauthorized access to a customer’s account. Bank customers have lost their entire life savings after the institution failed to protect their assets.
Wire Transfer Errors
Unauthorized ACH and wire transfers are another form of fraud that can occur from bank negligence. If a bank does not follow its written procedures to protect a customer from an unauthorized transfer, it may be held liable.
Fraud
Fraud is a significant problem in financial institutions across the country. If a bank finds that fraud occurred, they generally must refund any money that was taken.
Failure to Release Funds
Finally, bank negligence can include a failure to release funds. If the bank will not release funds that are legally yours, you might have a valid legal claim. An attorney can help you understand your rights and responsibilities if your funds are being withheld.
What to Do If You Suspect Bank Negligence
If you suspect bank negligence, you need to document the event. Write down the name and date of anyone that you spoke to at the bank. File a report with the financial institution to ensure that there is a record of your losses.
As soon as you are able, you need to contact a bank negligence lawyer. A lawyer can help you determine the best course of legal action, including whether you should pursue litigation against the bank.
Contact Levin Law for a Free Case Evaluation
Customers who believe that they have been a victim of bank fraud negligence are strongly encouraged to call Levin Law, P.A. for a free case evaluation. Attorney Brian Levin has recovered over $150 million on behalf of clients nationwide. He will help you understand the legal process and determine whether your financial institution can be held responsible for failing to protect your money.
Contact attorney Brian Levin and the Levin Law legal team at (305) 402-9050 or via email at contact@levinlawpa.com. All consultations are provided at no cost and without obligation to retain our services. Most cases are accepted on a contingency fee basis, meaning clients are not obligated to pay Levin Law attorney’s fees unless money is recovered on their behalf.
About Levin Law
Levin Law is a premier national cryptocurrency, securities, commodities, futures, and class action law firm. Brian Levin, Levin Law’s founding attorney, has helped recover in excess of $150,000,000 through arbitration and litigation for individual and institutional investors throughout the country and the rest of the world. Levin Law represents retirees, individual investors, high-net-worth investors, ultra-high-net-worth investors, institutions, family offices, trusts, publicly held companies, and others.
