Boat parts shop sues bank for retracting payments from stolen credit card

By Kyle Barnett | Jul 12, 2013

GRETNA – A Harvey-based boat repair shop is suing a San Antonio-based national bank for allegedly retracting payments made to the shop on a card it claims was stolen months after the purchases were made.

Westside Specialty Inc. and Metro Boating filed suit against USAA Federal Savings Bank in the 24th Judicial District Court on May 24. Westside Specialty Inc. and Metro Boating claim that on Sept. 12, 2012 a new customer began buying boat parts from them with an initial purchase of $3,499.45 and that they called USAA which verified the purchase.  The plaintiff alleges that the customer made subsequent purchases on the same card on Sept. 17, 2012 for $4,975.88 and on Sept. 25, 2012 for $3,513.81 and on a different card on Sept. 26, 2012 for $2,791.72 on a different card issued by the same bank. Westside Specialty Inc. and Metro Boating asserts that for each charge they called the creditor which cleared the purchases.

The defendant is accused of failing to properly check the validity of the credit card, failing to properly advise the plaintiff of the status of the credit card accounts in question, delaying the information on the bad credit card accounts for several months, approving sales on bad credit card accounts, acting other than the way a reasonably prudent banker would have acted under the same circumstances, failing to warn the plaintiff of bad debit card accounts and failing to have proper procedures in place to avoid bad credit situations.

An unspecified amount in damages is sought for loss of all the purchases made by the customer, including fees charged against the plaintiff’s account and time lost by the plaintiff’s employees in dealing with the credit card problem.

Westside Specialty Inc. and Metro Boating is represented by Bradford H. Walker of Metairie-based Walker Daly LLP.

The case has been assigned to Division A Judge Raymond S. Steib Jr.

Case no. 727-345.

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