Legal Question in Disability Law in Florida

Does a bank have the right to force a person disabled with ADHD to stop using their check card and close their checking account? The reason for this being to many overdraft charges, even though the cannot explain why you were charged an overdraft, charged you overdrafts for just authorizations that never were actual charges, cleared a check when the account did not have enough money in it and then charged $150 worth of overdrafts on check card purchases that were made days before. Anytime I try to find out why a charge was posted to my account, I am just told it is my fault because I do not keep a registry. I have told them so many times that I would love to be able to keep a registry, but with my ADHD disability I am just not able to do that. Instead, I constantly keep track of my account through the on-line banking. After telling them that I cannot keep a registry due to my disability, any time I try to ask the branch manager why I was charged something, she will not explain it to me and just tells me that it was due to not keeping a registry. That alone I feel is harrasment from the bank manger due to my disability.

Most of the overdrafts were not even my fault, but the bank either refunded them as a customer curtesy or some other excuse to still make them look bad on me. When the overdrafts were actually due to a fraudulent charge to my account, bank errors, or for reasons they could not even explain why.

I have been with this bank for over 12 years and now with them knowing that I cannot keep a registry, because of my disability, they are forcing me to give up my debit card and close my checking account. Can that be considered discrimination due to a disability?


Asked on 3/16/10, 3:38 pm

1 Answer from Attorneys

Jane-Robin Wender Wender Law, P.A.

I'm sorry but they are closing your account because of the overdrafts, not you ADHD. Having a disability does not entitle you to mismanage your checking account. If you truly are not able to manage your finances, then a guardianship should be opened.

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Answered on 3/22/10, 10:25 am


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