Messing v. Bank of America, N.A.
Court of Special Appeals of Maryland
792 A.2d 312 (2002)
Jeff Messing (plaintiff), who did not have an account at Bank of America (defendant), tried to cash a check drawn on a Bank of America account; the teller confirmed his identity with a driver's license and credit card but, under bank policy applying to non-account-holders, also asked him to provide an inkless thumbprint. Messing refused, and the bank returned the check uncashed. Messing sued, seeking a declaration that the fingerprint policy was illegal and an order barring the bank from using it. The circuit court granted summary judgment for the bank.
Whether a person making presentment of an instrument must exhibit the instrument, give reasonable identification, and either sign a receipt or surrender the instrument.