NEW YORK, Jan 21 (Reuters) - A federal judge on Tuesday
rejected Citigroup's ( C/PN ) bid to dismiss a lawsuit by New York
Attorney General Letitia James claiming it failed to protect
customers from online scammers and refused to reimburse
customers who were victimized.
U.S. District Judge Paul Oetken in Manhattan said the bank's
Citibank unit must face James' claim it violated a 1978 federal
law concerning electronic wire transfers, and parts of three
other claims.
Oetken said Congress intended the 1978 law, the
Electronic Fund Transfer Act, to protect consumers from
sophisticated frauds involving technologies they may not
understand, leaving banks in a better position to shoulder the
risks of fraud.
In
seeking a dismissal
of the lawsuit last April, Citigroup ( C/PN ) argued that the law
expressly excluded wire transfers.
But in his 62-page decision, Oetken said "Citibank's
reading would operate in derogation of the statutory purpose."
The judge dismissed some claims against New York-based
Citigroup ( C/PN ), the third-largest U.S. bank.
Citigroup ( C/PN ) had no immediate comment. James' office also
had no immediate comment.
James sued last January, saying scammers stole millions of
dollars from Citibank customers because the bank's security
systems could not investigate red flags such as unrecognized
devices, changes in user names and passwords, and "phishing."
In one instance, a customer allegedly lost $40,000 after
clicking a text message link that appeared to be from Citibank.
James also accused Citigroup ( C/PN ) of coercing customers into
signing affidavits that limited their ability to recoup losses,
and then summarily rejected reimbursement claims. The lawsuit
sought restitution and a $5,000 civil fine per violation.
Citigroup ( C/PN ) has acknowledged online wire fraud as a "real"
problem, but said its systems stop "countless" fraudulent
transactions every day.
The case is New York v Citibank NA, U.S. District Court,
Southern District of New York, No. 24-00659.