According to the plaintiff, Joe Lopez, $90,000 was transferred to a Parex account from his own and $20,000 was withdrawn prior to the bank freezing the account.
The Secret Service, apparently called in by Bank of America to investigate the complaint, found that the man’s PC had been infected by a key-logging virus that registers key-taps via a back door in the computer, although it did not specify this as the route any fraud would have taken.
Bank of America believes that, as its own systems were not the subject of hacking, it is not responsible for the theft and that the transfer was completed with appropriate handling and security procedures.
Mr Lopez has accused the bank of negligence and breach of contract, alleging that it had not let him know of the virus threat prior to the transfer.
The lawyer representing Mr Lopez told the ‘South Florida Sun-Sentinel’ that, with others who have lost smaller amounts in a similar way, the case could give rise to a class action suit.
