Technology

Judge Rules Jeweler’s Lawsuit Against PNC Bank Can Move Forward

TechnologyApr 15, 2024

Judge Rules Jeweler’s Lawsuit Against PNC Bank Can Move Forward

Joyce’s Jewelry sued the bank after cybercriminals drained its accounts of nearly $1.6 million through a series of wire transfers.

Joyce’s Jewelry
A judge ruled that Joyce’s Jewelry in Uniontown, Pennsylvania, can move forward with its lawsuit against PNC Bank. The Pittsburgh-area independent sued the bank in 2022 after cybercriminals stole more than $1.6 million from its accounts via unauthorized wire transfers. (Image courtesy of Joyce’s Jewelry Facebook page)
Uniontown, Pa.—A preliminary ruling by a Pennsylvania judge will allow a jeweler who lost more than $1 million in a cyberattack to move forward with its lawsuit against PNC Bank and some of its employees.

The owners of Joyce’s Jewelry in the Pittsburgh-area city of Uniontown sued PNC in September 2022 after cybercriminals stole nearly $1.6 million from the retailer’s bank accounts through a series of wire transfers. 

The theft took place on the afternoon of May 12, 2022, when one of the jewelry store’s employees accidentally logged into a phony website made to look like PNC Bank’s website.

Using the employee’s login credentials obtained from the phishing website, cybercriminals emptied all four of the store’s bank accounts through 11 wire transfers sent over a period of 20 hours.

In the lawsuit, the store’s owners alleged that PNC Bank failed to keep its money safe, while PNC claimed it took the proper steps in regard to the transactions and the fault lies with Joyce’s Jewelry and its employee.

The jeweler claimed these transfers should have raised a red flag for PNC because the money was moved to accounts and businesses it had never sent money to before. 

The wire amounts also were far above the usual transaction amounts, by tens of thousands of dollars per wire. Joyce’s had never wired close to $1 million in a single day.

The wires also exceeded the funds available, leading to an overdraft charge of nearly $200,000, another abnormality that should have caught the bank’s attention. Joyce’s, to its knowledge, had never overdrawn on its accounts before, the lawsuit states. 

PNC did recover some of the stolen funds, and charged the jeweler for its recovery efforts, bringing the loss total down to $1.1 million.

The case brought by Joyce’s Jewelry initially went to the Court of Common Pleas of Fayette County, Pennsylvania, which is a state court.

PNC Bank asked that a federal court, the U.S. District Court for the Western District of Pennsylvania, take up the matter.

On Jan. 12, 2023, the federal court denied that request, ruling the state court should continue to handle the case.

Two weeks later, PNC filed a motion to dismiss, arguing against Joyce’s claims of negligence and breach of fiduciary duty, as well as the jeweler’s request for attorneys’ fees and punitive damages.

The bank also argued it could only be sued only under the state’s Uniform Commercial Code, which guides commercial business transactions, including wire transfers.

 Related stories will be right here … 

Earlier this year, the state court’s decision came back in favor of Joyce’s Jewelry.   

In a March 11 ruling, Judge Nancy D. Vernon said the court could not dismiss claims that PNC and individual bank employees acted negligently.

She also said the jeweler can continue to seek attorneys’ fees and punitive damages in the case.

In her ruling, the judge also noted that PNC’s duty to the jeweler goes beyond its contractual obligations and said the bank may still be liable for a tort, meaning an injury or wrong independent of an implied contract.

A spokesperson from PNC said, “PNC regrets that Joyce’s Jewelry was the victim of a crime and suffered financial losses. However, Joyce’s Jewelry could have avoided being defrauded had they taken the reasonable precautions recommended by PNC at any stage of this process.

“Although the court denied PNC’s requested relief at this stage, PNC expects the facts and law will ultimately establish that PNC is not liable for Joyce’s Jewelry’s losses.”

Howard Kaplan, partner at the law firm Kaplan & Grady and Joyce’s Jewelry’s counsel, shared some insight into the case and what it could mean for other small businesses in this situation.

The recent ruling is significant, he said, because that’s not usually how these cases play out.

“Usually, [these cases] are under a very narrow legal theory and individual bank employees are not put in the mixer. And punitive damages aren’t a question, nor is tort liability for negligence,” he said.

“Usually, disputes with bank customers are a creature of contract, as opposed to tort or negligence. So, the liability on a negligence theory is broader. The potential damages and liability are broader than on a contract theory,” said Kaplan.

If the bank was able to confine the lawsuit to the Uniform Commercial Code claim, it likely would have limited the damages it may have to pay. 

The judge’s March 11 ruling is “a really bad development for [PNC] because they don’t want their employees getting sued, and they don’t want to be exposed to open-ended damages,” he said.

The damages are, in part, for “gaslighting” the jeweler into believing the fault was solely theirs, and for sending the business into collections and risking its livelihood, Kaplan said.

As for how much, that’s a question for the judge and jury.

“What is it going to take to send a message to PNC that the way that they’ve treated their customer in this instance was unacceptable? And I would think that it would take a large number to send a message to them, likely a multiple of Joyce’s loss,” he said.

“The bank here is spending more on their defense than it would cost to pay Joyce’s back. They will spend more than a million dollars through trial to avoid doing right by their customer.”

Beyond the legal implications of the case, Kaplan said he wants people to understand the reality and relatability of the situation.

“They’re going to blame a 70-year-old woman for making a mistake on her computer and say what resulted—collection of all of Joyce’s cash into one account and then shipping that money out in 11 highly suspect wires over the course of 20 hours—is all fair and OK,” he said. “It’s really offensive from a common-sense perspective.”

“We didn’t say that Joyce’s did everything right. But PNC is required to have reasonable security and is required to follow those reasonable security measures in a reasonable way,” Kaplan said.

“And the facts of the case seem to show that one or the other isn’t true. Either you didn’t have the proper security in place, or you all were asleep at the switch, but it has to be one or the other because of what happened,” he said.

The case is in the preliminary stages, but Kaplan’s hope is that others in this situation can take the same approach.

“If we actually win the case, and I am confident that we will, then that roadmap will just be that much more useful and hopefully it will lead more broadly to better recoveries for defrauded customers, and there are many more out there,” said Kaplan.

The Latest

Diamonds Direct Atlanta store
MajorsJul 26, 2024
Diamonds Direct Opens Store in Atlanta

It’s the Signet-owned banner’s first location in Georgia.

Bea Bongiasca’s Double Loop Earrings
TrendsJul 26, 2024
Piece of the Week: Bea Bongiasca’s ‘Double Loop’ Earrings

Commemorate “brat summer” with these green hoops.

Stock image of Providence, Rhode Island, skyline
EditorsJul 26, 2024
Out & About: A Dispatch from the Nation’s Smallest State

Editor-in-Chief Michelle Graff returns from Rhode Island with thoughts about in-store shopping and a trends report.

Untitled design.jpg
Brought to you by
The End of an Era? Lab-Grown Diamonds' Journey Towards Price Stability

As the demand for lab-grown diamond jewelry may still be increasing, the most notable change we are likely to see is price stabilization.

Supplier BulletinJul 25, 2024
Meet Gemology’s Next Generation Microscope: GIA® Gemolite® NXT Professional Edition

Sponsored by Gemological Institute of America

Weekly QuizJul 25, 2024
This Week’s Quiz
Test your jewelry news knowledge by answering these questions.
Take the Quiz
De Beers’ Venetia diamond mine
SourcingJul 25, 2024
De Beers’ H1 Revenue Falls 21% in ‘Weak’ Market

Lab-grown diamond sales in the United States and ongoing economic challenges in China are impacting natural diamond demand.

IndependentsJul 25, 2024
Store Designer Ruth Mellergaard Dies

A longtime member of IJO, she’s remembered for her passion for design, learning, and environmentalism.

1872 x 1052 Gemolite.jpg
Brought to you by
Meet Gemology’s Next Generation Microscope: GIA® Gemolite® NXT Professional Edition

GIA®’s most advanced microscope has new features to optimize greater precision and comfort.

Pomellato Malachite Pom Pom Dot bracelet
FinancialsJul 25, 2024
Boucheron, Pomellato Post Double-Digit Growth in Q2

The gains come amid a tough time for parent company Kering, which saw sales slide 11 percent in the first half of the year.

Shane Co. and the Kids in Need foundation logo
MajorsJul 25, 2024
Shane Co. Partners With Kids In Need Foundation to Donate 7,200 Backpacks

The fine jewelry retailer filled backpacks with back-to-school essentials for students in 13 states.

Bulgari high jewelry campaign
FinancialsJul 24, 2024
LVMH’s First-Half Jewelry, Watch Sales Dip 5%

Tiffany & Co. is focusing on its “iconic” collections while the company has made changes at the top at TAG Heuer and Hublot.

Chaumet Paris 2024 Olympics medals
MajorsJul 24, 2024
See Chaumet’s Paris Olympic Medals Inspired by its High Jewelry

The Parisian brand is the first jewelry company in the history of the Olympic and Paralympic Games to design the medals.

Jewelers Mutual and Union Life and Casualty logos
MajorsJul 24, 2024
Jewelers Mutual Acquires Pawnbroker Insurance Provider

Union Life & Casualty will join JM Insurance Agency Partners, expanding the provider’s pawnbroker coverage.

Bradlei Smith
MajorsJul 24, 2024
Ben Bridge Announces 2024 Lonia Tate Scholarship Winner

Los Angeles-based Bradlei Smith was selected for this year’s award.

National Jeweler columnist Peter Smith
ColumnistsJul 23, 2024
Peter Smith: The Case for Optimism in Sales

In his latest column, Smith shares multiple reasons why people who look at the glass as being hall full often make better salespeople.

De Beers rough diamond display
SourcingJul 23, 2024
De Beers’ Production Drops 15% in Q2

The company also reported the $150 million sale of an iron ore royalty right, part of its ongoing effort to divest “non-core” assets.

Long’s Jewelers giveaway promo
IndependentsJul 23, 2024
Long’s Jewelers Is Giving Away a Luxury Cape Cod Vacation

The giveaway is part of the New England jeweler’s summer bridal event.

Sophia Moreno-Bunge of Isa Isa modeling Guzema’s Hidden Beauty collection
CollectionsJul 23, 2024
Guzema Debuts ‘Flower Power’ Campaign

The ad features three celebrity florists creating floral sculptures while wearing jewelry by Guzema.

Tresia Shituula, Monkgogi Moshaga, Mohamed Samu
Policies & IssuesJul 23, 2024
Diamonds Do Good Announces Its 2024 Entrepreneurship Grant Winners

The grant provided a total of $100,000 to support 13 entrepreneurs from diamond communities in Africa and India.

Ghazi “Gus” Michel Osta
CrimeJul 22, 2024
Florida Jeweler Shot, Killed Following Argument With Customer

Ghazi Michel Osta, or “Gus,” was killed Friday by an 83-year-old man said to be a frequent customer at his store, Volusia Gold & Diamond.

Elyssa Jenkins-Perez and Effie Marinos
Policies & IssuesJul 22, 2024
JVC’s Elyssa Jenkins-Pérez Joins RJC

The organization also announced Effie Marinos as its new specialist advisor for technical standards, as well as four other appointments.

Karen Rentmeesters
SourcingJul 22, 2024
AWDC Names Karen Rentmeesters as CEO

Rentmeesters has served as interim CEO since April following former CEO Ari Epstein’s resignation.

Brian and Jessie Mann
IndependentsJul 19, 2024
Longtime D.C. Jeweler Brian Mann Dies at 70

Mann, whose family’s jewelry store was located inside the Pentagon, is remembered for being a thoughtful champion of the industry.

Tudor store in Denver
IndependentsJul 19, 2024
The 1916 Company Opens New Tudor Boutique

The 500-square-foot boutique is located in Denver’s Cherry Creek Shopping Center.

Messika’s So Move Max Necklace
CollectionsJul 19, 2024
Piece of the Week: Messika’s ‘So Move Max’ Necklace

Dance all night long with the “So Move Max” set’s necklace.

Julien Tornare and Antoine Pin
WatchesJul 18, 2024
TAG Heuer, Hublot Will Have New CEOs

Luxury giant LVMH is reshuffling the leadership in its watches division.

Etsy billboard rendering in NYC
MajorsJul 18, 2024
New Etsy Campaign Prioritizes Creators Amid Backlash

Sellers and shoppers have spoken out against a rise in mass-produced merchandise on the platform meant to highlight handmade goods.

×

This site uses cookies to give you the best online experience. By continuing to use & browse this site, we assume you agree to our Privacy Policy