Our investigation
We found the bank's terms and conditions did indeed state that customers must not save their passwords, including in web browsers. Evan acknowledged having done exactly that, and on this basis had breached the bank's terms and conditions. However, in reviewing the bank's records during the time of the transactions, we noticed Evan had often called to reset his PIN or password and to ask what his customer number was. This suggested Evan might have had a memory problem. We asked Evan about this, and he said he had suffered a traumatic brain injury a year earlier and had trouble remembering things. He said this was why he saved his password in his browser. Evan supplied medical records confirming his diagnosis. We passed on this information to the bank, which agreed to reimburse half of the loss.
Outcome
Evan accepted the offer.
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