The Clearing House Association joined the Bank Policy Institute and the U.S. Chamber of Commerce in filing an amicus brief in Newman v. JP Morgan Chase Bank, N.A., pending before the U.S. Second Circuit Court of Appeals.  The case concerns the availability of the bona fide error defense in § 1693m(c) of the Electronic Fund Transfers Act (EFTA) to private rights of action brought for violations of EFTA.  TCH’s amicus brief states that the district court was correct to dismiss plaintiff’s claims when (1) the violation is unintentional; (2) the violation is a result of a “bona fide error”; and (3) the provider maintains procedures designed to comply with EFTA. 

To read the court filings, click here.