NEW YORK, April 2 (Reuters) - Citigroup ( C/PN ) on Tuesday
urged a federal judge to dismiss New York Attorney General
Letitia James' lawsuit accusing its Citibank unit of failing to
reimburse customers who fall victim to online scammers.
While recognizing that the problem of online wire fraud "is
real," the third-largest U.S. bank faulted James' "misguided"
effort to hold it liable under a federal law governing
electronic fund transfers because it expressly excludes wire
transfers.
Citigroup ( C/PN ) said the proper standard from the Uniform
Commercial Code, which all U.S. states use, excuses banks from
covering losses if in good faith they adopt commercially
reasonable security measures to verify customer identities.
The New York-based bank said it has done so, and stops
"countless" fraudulent transactions each day.
"No system will catch every scam every time," but the
solution is not a lawsuit that would "abruptly and dramatically
upset how banks have organized their policies and practices for
decades," Citigroup ( C/PN ) said in a filing in Manhattan federal court.
James' office did not immediately respond to a request for
comment.
The attorney general sued Citibank in January.
She said the failure of its security systems to effectively
investigate red flags such as using unrecognized devices,
changing user names and passwords, and "phishing" enabled
scammers to steal millions of dollars.
In one instance, a customer allegedly lost $40,000 of
retirement savings after clicking a link in a text message that
appeared to be from Citibank.
James also accused Citibank of coercing victims into signing
affidavits that purported to narrow their ability to recoup
losses, and then summarily rejected reimbursement claims.
The attorney general wants Citibank to pay back defrauded
New Yorkers, pay a $5,000 civil fine per violation, and appoint
an outside monitor to review bank records and locate victims.
The case is New York v Citibank NA, U.S. District Court,
Southern District of New York, No. 24-00659.