Gale v. Hyde Park Bank

384 F.3d 451 (2004)

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Gale v. Hyde Park Bank

United States Court of Appeals for the Seventh Circuit
384 F.3d 451 (2004)

  • Written by Heather Whittemore, JD

Facts

In December 2001, Andrew Gale (plaintiff) made a purchase with a debit card issued by Hyde Park Bank (Hyde Park) (defendant). Hyde Park did not deduct the purchase from Gale’s bank account until April 2002. The deduction resulted in an overdraft. Gale disputed the overdraft, arguing that Hyde Park caused the overdraft because it delayed deducting the purchase from his account. Gale claimed that the delay led him to believe that he had more money in his account than he actually had. Hyde Park rejected Gale’s claim without explaining its reason for the rejection. Gale filed a lawsuit in federal district court against Hyde Park, alleging that Hyde Park had violated the Electronic Fund Transfer Act by failing to deduct his debit card purchase in a timely manner and refusing to investigate its delayed processing. In its defense, Hyde Park explained that the delay was caused by the merchant who facilitated the purchase and that it processed Gale’s purchase within 48 hours of being notified of the purchase. The district court dismissed Gale’s lawsuit, holding that Hyde Park’s 48-hour processing time satisfied the requirements of the Electronic Fund Transfer Act. Gale appealed.

Rule of Law

Issue

Holding and Reasoning (Easterbrook, J.)

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