Lopez v. Washington Mutual Bank

FYI.  New 9th Circuit Case holding bank is prohibited under 42 U.S.C. § 407(a) from taking directly deposited Social Security and SSI benefits to cover overdrafts and overdraft fees.  Broad language used in opinion - concludes that consent necessary to redirect funds must be "knowing, affirmative and unequivocal."   I wonder if this reasoning could also be used to argue banks can't let other creditors attach the accounts without affirmative consent??..... The case is Lopez v. Washington Mutual Bank, No. 01-15303.  The following link should take you to the full opinion.

http://caselaw.lp.findlaw.com/data2/circs/9th/0115303p.pdf

Posted by Dan Hatcher 3/18/02

Feedback

We welcome your comments and suggestions