Plaintiff accuses banking corporation of EFTA violation

Thomas J. Moyer Federal Building Gavel
Thomas J. Moyer Federal Building Gavel
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In a recent legal battle, a business owner finds herself embroiled in a dispute over unauthorized charges and alleged breaches of contract with her bank. The complaint was filed by Meghan Bentz and others on August 16, 2024, in the Licking County Court of Common Pleas against Park National Corporation and Zezgo Orlando, LLC.

The case revolves around an incident that occurred in January 2023 when Jason Bentz used the Pizzaburg Mount Gilead LLC business account debit card to rent a vehicle from Zezgo Orlando while on vacation. Following a collision involving the rental car, Jason Bentz noticed an unexpected $10,000 charge on the business account. Despite his assertion that this charge was unauthorized, Park National Corporation determined it was legitimate based on the rental agreement. The plaintiffs argue that since they used the account for both personal and business purposes, it should be considered a personal account under the Electronic Funds Transfer Act (EFTA). They accuse Park National Corporation of violating EFTA by allowing excessive charges beyond an alleged $3,000 limit per transaction.

The appellants are seeking damages exceeding $25,000 from both Park National Corporation and Zezgo for violations including breach of contract and theft by deception. However, their claims faced setbacks when the trial court granted summary judgment in favor of Park National Corporation on June 17, 2025. The court ruled that the EFTA claim was barred by its one-year statute of limitations and deemed irrelevant as it applies only to consumer accounts, not business accounts like Pizzaburg’s.

Despite these rulings, the court did not address all aspects of the case—specifically failing to resolve the breach of contract claim or finalize damages against Zezgo following a default judgment. This omission led to complications regarding appealability due to lack of finality under Ohio law.

Representing Meghan Bentz and her co-plaintiffs is attorney Charley Hess while Clinton Bailey advocates for Park National Corporation. Judges Craig R. Baldwin, William B. Hoffman, and David M. Gormley presided over this complex matter under Case No. 25 CA 00052.

Source: 25CA00052_Bentz_v_Park_National_Corporation_Opinion_Ohio_Court_of_Appeals.pdf


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