Messing v. Bank of America, N.A.

KRAUSER, Judge.

This appeal focuses on one of the most expressive parts of the human body — the thumb: “thumbs up” (approval), “thumbs down” (disapproval), “thumbing one’s nose” (defiance), and “thumbing a ride” (requesting transport). 1 Notwithstanding all of the things we ask of this unassuming two-jointed digit, appellee, Bank of America, adds one more task— personal identification. The thumbprint, if Bank of America has its way, will now be one more means by which the identity of a non-account check holder is expressed and confirmed. This idea has of course not met with universal approval,…