Last year, a U.S. district court dismissed BancorpSouth's countersuit of former customer Choice Escrow and Land Title LLC for costs related to a 2010 fraud case. Choice Escrow initially sued the bank after a fraudulent wire transfer resulted in more than $440,000 in lost funds. However, BancorpSouth argued that Choice was responsible for covering the losses and legal expenses because the company had opted out of a recommended security feature: requiring two employees to sign off on all transfers.

It went to trial and after much debate the verdict was, although the bank's broad indemnity obligations that the customer had signed were in conflict with US's Funds Transfer Act, the customer was liable for the lost funds because the they had clearly declined the security procedures the bank recommended.