The New Jersey Electronic Fund Transfer Privacy Act applies to ordinary consumer accounts at financial institutions, not just accounts reserved for electronic funds transfers, the New Jersey Supreme Court said April 1, 2009. Hirl v. Bank of America, N.A.. NJ 2009

Bank of America was sued by Ms. Suzanne Hirl for disclosing bank account information in the course of an alimony dispute. Hirl sued the bank, claiming it violated the EFTP Act, which governs disclosure of "information relative to an electronic fund transfer or account to a third party."  The New Jersey Supreme Court addressed only the narrow question of the EFTP Act's scope. But it upheld the appeals court on that point, saying the law applies to any accounts in which funds can be transferred electronically.  "We conclude that, in the context of the Electronic Fund Transfer Privacy Act, the word 'account' cannot be isolated from the phrase 'electronic fund transfer,' " the court said.

According to the court, although the bank released the information to Hirl's former husband in response to a subpoena, the bank failed to comply with the terms of the subpoena. The bank released the information too soon, and also did so despite efforts by Hirl's attorney to block the release—a scenario envisioned by the terms of the subpoena.