How much compensation can a client get if the bank freeze the bank account when the client has not done anything wrong? The client's bank account is frozen for due to &quot;security reason&quot;. The client followed the bank's instructions to lift the account. The bank promised on phone that if the client visit a branch in person with IDs, then the restriction can be lifted. However, after talking to two branches, the restriction is not lifted due to the bank's internal problems. Lots of time and money of the client are wasted. In this case, is it possible that the client is able to get compensation from the bank?
You would likely have to show actual damages. And for example if you had a chance to buy a car worth $11,000 for $10,000 and couldn't because of the bank freezing your account, you'd have to convince a judge that the $1,000 possible profit was actual damage. Next you need to show that the bank explicitly guaranteed that your money would be accessible at any time. And assuming that blocking your account to prevent fraud against you was reasonable, how negligent were they when they couldn't unfreeze your account as quick as you would have liked?
I reported this to my bank as soon as I found out, and Chase said that the money would be reimbursed once they completed their investigation (within 10 business days). Chase was likely indicating that the money will be reimbursed within 10 business days of completing their investigation; not 10 business days from the date you told the that someone forged checks on your account. This would make sense when you think about it, as they need to make sure that you were not complicit in the crime (you would be surprised how many people have had someone cash multiple checks from their account only to split the money with them and file a claim for fraudulent transfer/forgery). Further, checks are a negotiable instrument, unlike a credit/debit card, where specific protections exist pursuant to its terms and conditions of use. You have a duty to keep a negotiable instrument safe, and while most banks will reimburse you if it can be established that you had no involvement and you were not grossly negligent in the keeping of the instruments, it is a different animal in and of itself. It has now been 13 business days, and I have checked on the status twice and was told both times that there had been no status update, and they were unable to provide an updated ETA. Unless your bank indicated in the disclosures of the checking account application and acceptance documentation that in the event of a stolen check you will be reimbursed in X amount of days, they have the absolute right to complete their investigation before reimbursing any funds to your account. It's a fairly large amount of money, and I need to get it back as soon as possible. I'm trying to figure out if I have legal footing here. Does the law protect me from this type of fraud? And if so, does it require the bank to respond within any particular timeframe? Federal banking regulations provide broad protections to consumers when it comes to fraud involving credit/debit cards, as these are easily stolen from all sorts of means. That said, checks do not carry the same protections, although oftentimes some. National banks may be required to reimburse customers for forged checks. However, based on individual circumstances, the bank can investigate to determine if the customer is entitled to a reimbursement. There is not duty to reimburse until the investigation is complete. This is why I think you've potentially misconstrued what they said about how long it would take. They cannot promise a time certain when they don't know how long the investigation will take. Whether the bank is liable for the customer's loss depends on the specific circumstances of the case. Generally, a bank is liable for accepting a check that has been forged, altered, or improperly endorsed. However, if the bank can prove two things — that it accepted the check in good faith and exercised ordinary care and diligence in handling the transaction — it may not be liable. If your actions — the way the check or checkbook was handled, issued, completed, or made payable — contributed to the making of the forgery, you may be at least partially liable. Generally, the bank will require you to complete an affidavit. It may also request that you file a police report. ** Addition: I forgot to mention that if the checks were not "cashed" (i.e. filled out to cash or cashed in person), but rather were presented to a 3rd party for payment in receipt of goods or services, you are also going to need to contact those individuals or businesses (their name is on the check) and alert them to the fraud, and allow them to contact their banks, lest you will be assessed fees by them for insufficient funds if your bank later takes the money back as a result of the investigation. Also, in the event the checks were recreated rather than stolen, or if you don't know exactly how many were stolen, you are going to need to close your account while you wait for the investigation to bear fruit (hopefully), and open a new account, as you now have a duty to account for any and all checks stolen at that event (so, if you know a book is out there and 10 checks have cleared you know there are 15 remaining that the bank is not going to cover if you don't take steps to protect yourself). One would think they've asked you this and have already done something to prevent further checks from coming in, but if not, you need to get on it. Also, you may want to hire your own investigator if you have the funds to do so. While stolen cards are often strangers, stolen checks (unless it's one washed check) is nearly always someone you know.
If it is a multi-party contract, generally all parties to the contract have liability for its breach regardless of who is supposed to receive payment. It is possible to contractually negotiate for limitations of liability in a contract, but not all liability and only with clear language to that effect. Further, if the CorpA and Corp B and Corp C all anticipated at the outset that if there was liability that CorpB incurred that it would not be paid, that would constitute both common law fraud and a fraudulent transfer under the Uniform Fraudulent Transfer Act by everyone involved (entities and individuals) because one is anticipating incurring future liability in an entity with no anticipated capacity to pay it. The circumstances would also plausibly justify &quot;piercing the corporate veil.&quot;
A clause states &quot;If the contract is breached you accept that you must pay for damages. We shall determine the amount.&quot; Will this hold up in court? A court is going to want to look for context and an interpretation that would make this provision make sense before invalidating it (which it might). For example, if there was a schedule of the amount of damages for various violations attached to the contract, a court might interpret this language to mean that the drafting, non-breaching party will invoice you for damages in amount that it determines in good faith to be the correct amount with reference to the schedule or some formula set forth in the contract (e.g. an interest rate on an open account loan), in much the same way that a landlord might dock your security deposit and send you a letter telling you what was deducted in what amounts and why, or that a credit card company might charge you interest and late fees on a monthly basis. A court would, of course, be unlikely to interpret the clause as affording final and binding legal authority to decide what is owed. In the face of a clause like this one, the other party could bring a lawsuit to dispute the amount determined to be owed by the drafting, non-breaching party (unless the contract is a third-party arbitration clause and simply doesn't read like one because it is out of context).
An employee is an agent of the employer when working and owes a duty of loyalty to the employer. One of the obligations associated with a duty of loyalty is to refrain from receiving anything other than the employer authorized compensation for the work, rather than benefitting personally from work done on behalf of the employer. By appropriating additional benefit from the customer in a way that is unauthorized by the employer (the employer would be within its rights to sanction and authorize this conduct if desired), an employee who does not turn the profit in this transaction over to the employer has breached a fiduciary duty to the employer for which the employer would have a right to sue the employee for the amount by which the employee was unjustly enriched in the transaction. Would it actually play out this way in real life for these sums of money? Probably not. The stakes involved wouldn't justify the time and money of a lawsuit. But, breaching a fiduciary duty of loyalty to your employer in this context probably constitutes good cause to terminate the employment of the employee without paying severance that would otherwise be payable under Canadian employment law (in theory anyway, I've never seen a reported court case on point).
I decided to rewrite this after the clarification in the comments. You can find the old version in the history. The question is not, actually, about a browser extension. It is about a web service that can be accessed by the browser extension. The way to access the service should make little difference, it could be clay tablets, homing pigeons, or this browser extension, what matters is the service. The service has two functions: Receive PII of the victim, sent by the customer, to calculate the probable email of the victim, and return this PII to the customer. The service operator could argue that the customer is really the data controller under GDPR rules, and that the service operator is only the data processor, but that is not a plausible use case. The customer would need to get and document the consent of the victim before the probable mail is calculated, so why would the customer pay the service operator for a service like this? There is already contact with the victim. Generate a database of specific company email patterns to enable 1. This would also use PII, from random employees of the company in question, and there is no customer to shield the service provider by pretending that consent was collected. The way around the first issue might be to sell the database and have all calculations on the customer's system, but that doesn't resolve the second issue, that of creating the database. This involves looking for patterns in PII of individuals, unless the target company is obliging enough to make the pattern public.
You ask permission, preferably with legal counsel to handle the details. It really is that simple. Unsurprisingly, most companies don't want to give their code away- especially to a competitor. If you even get a response, they will expect something in return i.e. money. Realistically though, it's unlikely they will respond, much less deal with you.
The question is a little confusing because it’s unclear why any of the payments should be refunded. If A has not provided the services, and B wants a refund, then B can sue A for breach of contract. A assigned its right to be paid to C, but it cannot assign its obligations to C (this would be a novation rather than an assignment, which would require both B and C’s consent). If C also agreed with A to perform A’s obligations to B (a subcontract), then A could sue C for any damages A was liable to pay B, but B cannot sue C directly. If A regrets its decision to assign the contract for £1, and wants to recover larger payments made by B to C in discharge of B’s contractual obligations to A, it can’t. A shouldn’t have assigned the benefit of the contract to C. If B has not paid, B can be sued under the contract which still exists between A and B. C can file this claim as assignee of the contract. While A could also potentially file the claim, it would be inconsistent with the assignment for A to receive any benefit from it, which would be held on constructive trust for C.