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AccountNow ADA Discrimination Class Action Lawsuit Print Email
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Wednesday, 08 August 2012 11:39
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AccountNow ADA Discrimination Class Action Lawsuit

By Matt O'Donnell

 

AccountNow debit cardA California man who is unable to effectively communicate verbally after suffering a stroke has filed a class action lawsuit against prepaid debit card company AccountNow for refusing to communicate with him by email and insisting he deal with the company over the phone.

Plaintiff Richard Halavais accuses AccountNow of a “systematic pattern of discrimination,” unfair business practices and civil rights violations refusing to accommodate his requests by email to secure a new AccountNow card. Halavais is “unable to effectively communicate verbally” due to a stroke, the class action lawsuit says, and receives his disability checks – his only source of income – though an AccountNow prepaid card. He contacted the company to order a new card because his old one was due to expire, and explained that he could not talk on the phone due to a stroke that left him disabled and unable to effectively speak.

According to his class action lawsuit, AccountNow's refusal to accommodate his disability left Halavais without access to his disability checks and forced him to hire an attorney to help him get a new AccountNow card. When he did get the new card, he was unable to withdraw money from an ATM with his old PIN and was locked out after several failed attempts to get money. Halavais first contacted AccountNow by email on May 21, and did not resolve the issue until July. By that time he was in a rest home and unable to pay for his medicine and medical bills, the class action lawsuit says.

"On July 10, 2012 plaintiff was finally able to access the money deposited into his account, but only after numerous phone calls by Plaintiff's counsel, because Defendant refused to aid Plaintiff by e-mail," the AccountNow class action lawsuit states.
   
"Throughout this entire course of events, even after the risk management department was involved and informed of the situation, Defendant did not present any alternative methods of communication by which Plaintiff could have resolved the issues with defendant."

The class action lawsuit is seeking damages for violations of the Americans with Disabilities Act, the Unruh Civil Rights Act and unfair business practices.

A copy of the AccountNow ADA Class Action Lawsuit can be read here.
 
The case is Richard Halavais v. AccountNow, Inc., Case No. 12-cv-1921 BEN RBB, U.S. District Court, Southern District of California.
 

 

Updated August 8th, 2012

 

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Last Updated on Thursday, 27 December 2012 11:09

Comments   

 
#2 Margaret Adamski 2013-02-06 18:55
I am tired of arguement with people at bank. Over ten years ago they refused to talk with my hubby who is hard of hearing and myself deaf that I want to get information about Credit card from Bank of American.

End up last summer BOA got fined from ADA due to refused to allow them to use VRS, Video Relay Service would be reduce misunderstood communicate better. than TTY or TDD are out of date. TTY is good for hard of hearing to use it. Deaf and Hard of Hearing caller use their hand. Sign Language is part of our first language.

Margaret
 
 
#1 john scherer 2012-10-09 16:30
i have the same problem add me to the suit i am also disabled and notified them i was! they gave me a fax number over the phone to send my id my social and my address with billing water gas something on it. so i did the next day they email me and say to fax it to a different number i called 2 times they said to speak to customer service and put me on hold for up to 30 minutes and i get a answering machine so wile i was waiting i looked up the fax number i faxed the papers to and it turns out it is there banks fax they lied to me and now want me to fax it again i email them with the number i faxed it to and told them i googled it and its there number sent them emails saying i will go to there office with the police to get my check they email me again and only say to call them on a phone that i cant call because i am vacationing in mexico with my girl friend who has to feed me and take care of me since i have no money they have it. and they refuse to contact me by email now they say i need to call to get a dispute form? i am not disputing anything i want my money and thats it and why when i already talked to them that they did not take care of the form then? i got the phone records they are no good liars thiefs and need to be jailed not only sued
 

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