Ontman v. Wells Fargo N.A.
A victim of a 'Business Email Compromise' scam wired $154,174 to a fraudulent Wells Fargo account opened under the name of a luxury watch maker, then sued Wells Fargo for common-law negligence in opening, monitoring, and permitting withdrawals from the account. Applying Florida law, the S.D. Fla. held that a bank owes no duty of care to a non-customer absent a known fiduciary relationship plus actual knowledge of misappropriation, and dismissed with prejudice, declining to reach the UCC Article 4A preemption argument.
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