New Hampshire Court Finds No Duty Of Depository Bank To Protect Its Vulnerable Customers From Third-Party Fraud

LexisNexis (March 14, 2017, 8:22 AM EDT) -- In last month's issue of this newsletter, we analyzed notable cases from New Jersey and California which exonerate a bank from liability for failing to discover and investigate possible fraud against its vulnerable and elderly customers.  That story also summarizes the CFPB's 2016 "best practices" in dealing with exploitation of elderly and disabled customers by third-party con artists.  Now we have a very recent decision from New Hampshire where the bank escaped from liability via a motion to dismiss.  Consistent with the New Jersey and California decisions, the New Hampshire decision reflects judicial reluctance to impose affirmative duties on banks to protect vulnerable customers from fraud. ...