Slawin v. Bank of America Merchant Services
1:19-cv-04129
N.D. Ga.Sep 24, 2025Background
- BAMS identified instances of transmitting full PAN data by January 2017, raising PCI non-compliance concerns under PCI DSS frameworks.
- Plaintiff Slawin joined BAMS in 2015 and was assigned to a self-identified audit issue regarding PCI compliance.
- Slawin contends he repeatedly raised PCI non-compliance and potential fraud concerns with multiple supervisors in 2017.
- In November–December 2017, Slawin downloaded PAN-related emails to his personal account; HR initiated an investigation after a security team flagged the behavior.
- Defendant terminated Slawin on December 8–12, 2017, contending the termination was based on policy violations and loss of trust from the interview; Slawin filed whistleblower complaints with SEC, CFPB, FTC, and OSHA following termination.
- The Court denied summary judgment on the SOX and CFPA claims, finding genuine disputes of material fact about protected activity and causation, and referred the case to mediation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Protected activity under SOX | Slawin reasonably believed PCI non-compliance; reported to supervisors | No protected activity shown | Genuine dispute as to protected activity |
| Protected activity under CFPA | Reports to supervisors encompassed CFPA protected activity | CFPA claim indistinguishable from SOX issue; no separate protected activity shown | Genuine dispute as to protected activity |
| Contributing factor / causation in termination | Protected activity contributed to termination | Termination based on policy violations unrelated to protected activity | Genuine disputes of material fact preclude summary judgment |
Key Cases Cited
- Ronnie v. Office Depot, LLC, 81 F.4th 1345 (11th Cir. 2023) (protective-belief and reporting standards in SOX retaliation)
- Gale v. U.S. Dept. of Lab., 384 F. App’x 926 (11th Cir. 2010) (subjective and objective belief elements in SOX protected activity)
- Kuba v. Disney Fin. Servs., LLC, 623 F. Supp. 3d 1290 (M.D. Fla. 2022) (contributing-factor standard and causation in SOX retaliation)
- Murray v. UBS Sec., LLC, 601 U.S. 23 (2024) (contributing-factor standard scope in whistleblower retaliation)
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986) (summary judgment standard for genuine disputes of material fact)