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Jenkins v. Wachovia Bank NA

The aspirational statement of Congressional policy expressed in 15 U.S.C. § 6801 subsection a regarding the obligation of a financial institution to respect the privacy of its customers does not provide an ascertainable standard of conduct so as to establish a legal duty, the breach of which may gave rise to a cause of action for negligence under Georgia law.

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The trial court granted judgment on the pleadings to Wachovia Bank, N. A., Wells Fargo Bank, N. A., and all predecessor and successor entities and John Doe corporations collectively, the “Bank” in an action brought by Stephen Kale Jenkins alleging negligence, breach of a duty of confidentiality and invasion of privacy. In Division 1 of Jenkins v. Wachovia Bank, 314 Ga. App. 257 724 SE2d 1 2012, we reversed the grant of judgment on the pleadings as to the negligence claim. Id. at 258-261 1. In Divisions 2 and 3 of our opinion, we affirmed the grant of judgment on the pleadings as to the claims for breach of a duty of confidentiality and invasion of privacy. Id. at 261-263 2, 3.

In Wells Fargo Bank v. Jenkins, 293 Ga. 162 744 SE2d 686 2013, the Supreme Court of Georgia held that the Bank was entitled to judgment on the pleadings on the negligence claim, and accordingly it reversed our judgment. Id. at 162. The Supreme Court noted that the grant of judgment on the pleadings on Jenkins’s remaining claims was “not at issue in that appeal.” Id. at 163 n. 1.

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