Perlberger Law Associates PC and its president, Hanna Perlberger, sued Wells Fargo after performing what they believed was debt collection for a tool company in Florida.
Someone claiming to be the president of Tools & Equipment Supply hired the company to collect $199,550 from another tool company, and they wired the money to a Nigerian account. After the fraud was discovered, Wells Fargo debited the company for the transferred amount and the company sued.
Wells Fargo previously convinced the court to dismiss all claims except for a breach of contract claim against it. After the discovery was completed, the bank sought summary judgment on the remaining contract claim.
Wells Fargo did not violate the express contracts that govern the banking relationship, and there was no implied contract, the U.S. District Court for the Eastern District of Pennsylvania ruled in granting summary judgment for the bank.
“An implied contract cannot be found where the parties have an express agreement dealing with the same subject matter,” Judge Gerald Austin McHugh wrote in the notice. “Here, there were express agreements – both the deposit account agreement and the wire transfer agreement – which set out the terms of the relationship between the parties.”
The company presented itself. Wells Fargo was represented by Troutman Pepper Hamilton Sanders LLP.
The case is Perlberger L. Assocs. vs. Wells Fargo Bank NA, ED Pa., No. 2:21-cv-02287, 7/19/22.