A crucial component to each case is the Discovery phase. Within discovery, the attorney representing each side asks the other a series of questions. This is so that the attorney can better understand your case and come up with a successful approach to it. Discovery essentially means questioning. Responses to Discovery are generally due within 30 days if the request is received in person, or 35 days if received by mail.

            The EFTA is a federal law dealing with the fraudulent transferring of funds. If funds from your account have been wrongfully transferred out of your account, this could be considered a violation of the EFTA. For more information about the EFTA and the specific kinds of accounts that are covered, check out our blog titled, “EFTA Summary and Description of What Accounts are Covered.”

            Within cases that deal with the EFTA, the Discovery phase is very important. During the Discovery phase of EFTA cases, attorneys will ask questions to understand whether companies are aware that fraudulent transfers have occurred in a consumer's account, whether companies conducted sufficient investigation into the transferring of funds, whether a consumer authorized anyone else to transfer funds from his/her account, and much more.

            Attorneys may ask the opposing side questions called “requests for admission”, where they will ask the defendant to admit to certain claims. Examples of these kinds of questions include but are not limited to the following.

●     Admit Plaintiff disputed that he transferred his funds

●     Admit you failed to conduct a reasonable investigation into Plaintiff's disputes

●     Admit that you allowed the transferring of Plaintiff's funds into a fraudulent account

●     Admit your actions caused emotional distress for the Plaintiff

            Attorneys may also ask “requests for production.” When an attorney asks these questions, they are simply asking the defendant to produce any documents that they believe would be necessary. Here are some examples of documents attorneys often ask for in EFTA cases.

●     All written agreements between the Defendant and Plaintiff

●     All call log's related to the Plaintiff's account

●     All documents summarizing the training of Defendant's employees from 2024-present

            Lastly, attorneys will ask questions called “interrogatories.” Attorneys will ask these questions to accrue any other information they deem useful. These questions are often the most crucial to the case. Examples of interrogatory questions that might be asked during an EFTA case include but are not limited to the following.

●     Identify how the account in question was opened

●     Identify all transfers made from the account and the resulting balance

●     Describe the investigation you conducted after Plaintiff notified you that he was the victim of fraudulent transfers

●     Identify any employees who participated in the investigation of fraudulent transfers