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Bank Tying Act

Has a bank ever made a loan to you conditional upon your getting other services or buying something else? If so you may be entitled to three times the damages you incurred (treble damages) plus all of your litigation costs including legal fees. A copy of an excerpt of the federal statute follows below:

Bank Tying Act; 12 U. S. C. §§ 1971, et seq. The Bank Tying Act is a federal statute that permits bank customers to seek civil damages when one transaction is conditioned on the customer's willingness to complete a second transaction with the same institution. United States v. Beuttenmuller, 29 F.3d 973, 977 n. 8 (5th Cir.1994).

(b)(1) A bank shall not in any manner extend credit, lease or sell property of any kind, or furnish any service, or fix or vary the consideration for any of the foregoing, on the condition or requirement--
(A) that the customer shall obtain some additional credit, property, or service from such bank other than a loan, discount, deposit, or trust service;
(B) that the customer shall obtain some additional credit, property, or service from a bank holding company of such bank, or from any other subsidiary of such bank holding company;
(C) that the customer provide some additional credit, property, or service to such bank, other than those related to and usually provided in connection with a loan, discount, deposit, or trust service;
(D) that the customer provide some additional credit, property, or service to a bank holding company of such bank, or to any other subsidiary of such bank holding company; or
(E) that the customer shall not obtain some other credit, property, or service from a competitor of such bank, a bank holding company of such bank, or any subsidiary of such bank holding company, other than a condition or requirement that such bank shall reasonably impose in a credit transaction to assure the soundness of the credit.

(e) Any person who is injured in his business or property by reason of anything forbidden in subsection (b) may sue therefor in any district court of the United States in which the defendant resides or is found or has an agent, without regard to the amount in controversy, and shall be entitled to recover three times the amount of the damages sustained by him, and the cost of suit, including a reasonable attorney's fee.

If you need representation on a violation of the Bank Tying Act, or are interested in finding out about one of our other practice areas, we invite you to contact our office to schedule an appointment with a member of our well-qualified staff.