Illsley v. Truist Bank

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION No. 5:23-CV-97-BO-RJ EDWARD ILLSLEY, ) Plaintiff, V. ) ORDER TRUIST BANK, Defendant. This cause comes before the Court on defendant’s motion to dismiss [DE 8] for failure to state a claim. Plaintiff has responded and, in this posture, the matter is ripe for adjudication. BACKGROUND In 2022, Edward IIlsley suffered a stroke. While he recovered, his caretaker, Jessica Ivey, began using his debit card to withdraw cash from an ATM. The first violation occurred on March 7, 2022, when $160 was withdrawn from his Truist…