Sarah Mirando  |  August 8, 2012

Category: Legal News

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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.
 

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Updated August 8th, 2012

 

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5 thoughts onAccountNow ADA Discrimination Class Action Lawsuit

  1. Valerie Sanders Briggs says:

    On March 28th, 2022, I had a direct deposit into my account. I also saw 2 unrecognized purchases that was pending. Both for $65.25, and for the same company. The transactions were pending. I contacted Account Now, hoping to prevent the transactions from posting because they weren’t mines. The representative informed me that I couldn’t dispute the charges until they actually posted. He then said he would have to block my account. I informed him that I had another direct deposit that would come through on March 29th, 2022. He stated that I would still be able to receive my direct deposit, even if he blocked my card. I adamantly explained to him that I had to have my new card before Thursday, because if I didn’t pay my rent before the 30th of March, I would have to move, and that I was in contract with my Landlord and the day I pay my rent. He stated that I would have to pay $25.00, in order to have my card expedited, and I agreed. He assured me that I would have my new card no later than Thursday ( March 31st, 2022). He also stated that I would be able to use my checking account as well. In which I could transfer funds. I’ve been with Account Now for 8 years, and I’ve always used my PO Box address. Once he v blocked my card, he then tell me that, my card couldn’t be expedited to my PO Box and he needed my physical address, and it’s was mandatory that I submit documents showing my physical address. So, I paid $12.80 to fax paperwork showing my physical address, and I uploaded documents as well. After all of that, they still attempted to expedite my card to my PO Box. On April 1st, 2022, I contacted UPS, along with my tracking number and I was told that my card went back to Account Now, because it was expedited to my PO Box and not my physical address. Today is April 5th, and I still don’t have my card, and I can’t transfer any funds. Because of there horrible errors. I have 28 days to move, my car insurance is canceled and my phone has 2 days extensions. I wasn’t even able to renew my car registration on my birthday. Account Now has caused me the worst havoc ever. I’ve got to find another apartment, pay for application fees, security deposit, first month rent, pay for car insurance renewal, pay extra for the renewal of my car registration, my credit score dropped because of two cards I couldn’t pay on. Account Niw needs to pay me for punitive damages . They actually set me way back. My disabilities check are just adding up, and I don’t have access to the account, and I’ve tried transferring my money but account now has blocked all access. I did change my direct deposit information but I want and need my money from account now. I’m going to sue.

  2. Tyrone Brandon says:

    They took the last of my money and need refund my money back

  3. Fidelina Martinez says:

    Estoy teniendo la misma situación, desde julio 16 2014 estoy tratando de obtener una tarjeta nueva porque la que tenía esta vencida y ellos lo único que han dicho es que la enviaron dicha tarjeta y en ningún momento la han enviado y me tienen mi beneficio de discapacidad bloqueado sin poder tener acceso a el,… Llamo semanal y sólo lo que obtengo son evasivas, insultos hacia mi persona, malos tratos, engaños, y mentiras, todo por no ayudarme en el problema, me hicieron enviar copia de mi ss, de mi id, de la tarjeta vencida y de la dirección,… Para no ayudarme voy a tener que demandar igual porque me tienen sin mis medicamentos y a punto de que me desalojen por no poder pagar el alquiler por no tener acceso a mi disability

  4. Margaret Adamski says:

    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

  5. Anonymous says:

    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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