Wells Fargo Bank, N.A. v. Jenkins
293 Ga. 162
Ga.2013Background
- The Court granted certiorari to review whether GLBA §6801(a) creates a negligence action under OCGA 51-1-6 and reversed the Court of Appeals on that point.
- Jenkins alleged the Bank negligently failed to protect his confidential information, breached a duty of confidentiality, and invaded his privacy; the trial court granted judgment on the pleadings, and the Court of Appeals reversed as to negligence.
- The elements of negligence require a duty, breach, causation, and damages; Jenkins premised duty on GLBA §6801(a)
- GLBA §6801(a) expresses a Congressional policy to protect privacy but does not establish a specific duty or standard of care; §6801(b) confirms it is not intended to provide a standard of conduct
- The Court held there is no private right of action under GLBA and that a duty under OCGA 51-1-6 cannot rest solely on §6801(a); no finding of a violation of §6801(b) was shown
- Judgment reversed and remanded; the Court did not address separation-of-powers argument as the lack of a legal duty disposes of the claim
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does GLBA §6801(a) create a legal duty for a negligence claim? | Jenkins contends GLBA imposes a duty to protect customer information. | Wachovia argues GLBA provides aspired policy, not a statutory duty or standard of care. | No; GLBA does not create a private duty or standard under Georgia law. |
| Can a duty be derived under OCGA 51-1-6 from GLBA? | Jenkins relies on OCGA 51-1-6 to recover for statutory duty. | GLBA lacks an ascertainable standard of conduct to support a duty. | No; OCGA 51-1-6 requires a recognized duty with ascertainable conduct, which GLBA does not provide. |
Key Cases Cited
- Finnerty v. State Bank and Trust Co., 301 Ga. App. 569 (Ga. App. 2009) (no private right of action under GLBA; statutory framework lacks duty)
- Rasnick v. Krishna Hospitality, 289 Ga. 565 (Ga. 2011) (duty may arise from statute or common law; elements of negligence)
- Reilly v. Alcan Aluminum Corp., 272 Ga. 279 (Ga. 2000) (OCGA 51-1-6 requires an ascertainable standard of conduct)
- Central Anesthesia Associates, P.C. v. Worthy, 254 Ga. 728 (Ga. 1985) (GLBA does not provide a standard of care; aspirational policy not a duty)
- McLain v. Mariner Health Care, 279 Ga. App. 410 (Ga. App. 2006) (case dealing with implied duties and statutory frameworks)
- Dupree v. Keller Industries, 199 Ga. App. 138 (Ga. App. 1991) (statutory framework and duty considerations in tort claims)