4-1-08 Stephanie M. Hirl v. Bank of America, N.A. (A-42-08)
In the context of the Electronic Fund Transfer Privacy Act, the
word “account” cannot be isolated from the phrase “electronic
fund transfer.” Nor can the word “account” be read so as not to
exist within the disclosure authorization of N.J.S.A. 17:16K-3.
Thus, N.J.S.A. 17:16K-3 permits a financial institution to
disclose information to a third party as prescribed by the
statute relative to an electronic fund transfer or an account
with electronic fund transfer capability as elected by the
consumer. Accordingly, the Court adopts the Appellate
Division’s construction of the Act and N.J.S.A. 17:16K-3
substantially for reasons expressed in the written opinion
below.
