In Newman v. JPMorgan Chase Bank, N.A., the Second Circuit Court of Appeals affirmed the district court’s ruling in a case concerning the availability of the bona fide error defense to private rights of action brought for violations of EFTA, as implemented by Regulation E. The appellate court rejected plaintiff-appellant’s position that the bona fide error exception applies only to “clerical” errors. Instead, the Court agreed with JPMC’s position as supported by The Clearing House and BPI as amicus that the defense is available when (1) the violation is unintentional, (2) the violation is a result of a bona fide error, and (3) the provider maintains procedures designed to comply with EFTA and Regulation E. Click here to view the Summary Order.