Messing v. Bank of America, N.A.

Jeff Messing (plaintiff) received a check for $976 drawn on Toyson Burruss’s account with the Bank of America, N.A. (BOA) (defendant). Messing did not have an account with BOA but went to a BOA branch to cash the check over the counter. After confirming that Burruss’s account had sufficient funds, the teller had her computer stamp certain information on the back of the check. Messing then endorsed the check and provided the teller with his driver’s license and a major credit card to verify his identity, after which the teller removed $976 from her cash drawer. However, Messing balked when the teller asked him to place his inkless thumbprint on the check. The teller’s request was pursuant to BOA’s policy for cashing checks over the counter for noncustomers. Unable to cash the check at BOA, Messing sued BOA, seeking a declaratory judgment that BOA violated the Uniform Commercial Code (UCC) and his privacy rights by requiring a thumbprint. Specifically, Messing alleged, among other things, that (1) he properly presented, and BOA accepted, the check for payment and (2) BOA’s thumbprint request was unreasonable because he provided sufficient identification and a thumbprint could only confirm his identity in the future. BOA responded, among other things, that (1) it had no UCC duty to cash a check for a noncustomer and could not be liable to a noncustomer, (2) it never accepted the check because Messing refused to provide his thumbprint, and (3) its thumbprint requirement was reasonable. The trial court granted summary judgment to BOA. The court of appeals affirmed. Messing appealed.