Citizens Bank. Photo: Diego M. Radzinschi/ALMFederal Judge Allows Elderly Woman's Consumer Protection Suit to Proceed Against Citizens Bank
In Downz v. Citizens Bank, the plaintiff claimed Citizens Bank was negligent in failing to warn her of fraudulent activity and for allegedly allowing her to overdraft her Home Equity Line of Credit account by over $100,000.
November 20, 2024 at 05:11 PM
5 minute read
A 74-year-old woman's negligence claims against Citizens Bank are moving forward after she was allegedly scammed out of $131,900, with a federal judge in Pennsylvania concluding she established the bank owed a duty to notify her of potential fraudulent activity.
In a Tuesday decision, U.S. District Judge Michael M. Baylson of the Eastern District of Pennsylvania denied Citizens Bank's motion to dismiss Barbara Downz's claims for negligence, Unfair Trade Practices and Consumer Protection Law (UTPCPL), aiding and abetting fraud, and breach of contract. The court concluded Downz sufficiently alleged Citizens Bank was negligent in failing to warn her of potentially fraudulent activity and by allowing her to overdraft her Home Equity Line of Credit account by over $100,000.
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