MOHAMED v. BANK OF AMERICA N.A.

No. 22-1954.

93 F.4th 205 (2024)

Yagoub M. MOHAMED, individually and on behalf of all others similarly situated, Plaintiff-Appellant, v. BANK OF AMERICA N.A., Defendant-Appellee. Consumer Financial Protection Bureau, Amicus Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: February 16, 2024.


Attorney(s) appearing for the Case

ARGUED: Jessica Garland , GUPTA WESSLER PLLC, San Francisco, California, for Appellant. William M. Jay , GOODWIN PROCTER, LLP, Washington, D.C., for Appellee. Lauren Gorodetsky, CONSUMER FINANCIAL PROTECTION BUREAU, Washington, D.C., for Amicus Curiae. ON BRIEF: Leonard Bennett , Craig Marchiando , Tara Keller , CONSUMER LITIGATION ASSOCIATES, P.C., Newport News, Virginia; Robert William Murphy , LAW OFFICE OF ROBERT W. MURPHY, Charlottesville, Virginia; Matthew W.H. Wessler , GUPTA WESSLER PLLC, Washington, D.C., for Appellant. Thomas M. Hefferson , Rohiniyurie Tashima , GOODWIN PROCTER LLP, Washington, D.C., for Appellee. Seth Frotman, General Counsel, Steven Y. Bressler, Deputy General Counsel, Kristin Bateman, Assistant General Counsel, CONSUMER FINANCIAL PROTECTION BUREAU, Washington, D.C., for Amicus Curiae.

Vacated and remanded by published opinion. Judge Heytens wrote the opinion, which Judge Benjamin and Judge Hanes joined.


Yagoub Mohamed appeals a judgment concluding the pandemic unemployment assistance benefits he was to receive via a prepaid debit card were not protected by the Electronic Fund Transfer Act. We conclude the relevant account was a "government benefit account" under the controlling regulations. We thus vacate and remand...

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