Legal Question in Banking Law in Massachusetts
bank of america check cashing fees
bank of america has implemented a policy of requiring you to pay a $6 fee and leave your fingerprints if you do not have an account with them and want to cash a check drawn off of their bank. is this legal? to me it amounts to extortion, forcing you to open an account or pay a fee and be humiliated getting fingerprinted for not doing so. i also smell some serious privacy issues here. can anyone help?
1 Answer from Attorneys
Re: bank of america check cashing fees
you can always check with your state's division of banking to see if there are any regulations being breeched. But if the issue is constitutional, the obvious answer is: 1) Why not simply deposit the check at your own bank? Or, 2) refuse to accept checks from Bank of America or any other bank whose check cashing policies you do not want to abide by?
Most of these rules are in place due to the large number of persons (heroin junkies usually) cashing stolen checks. In my humble opinion, the policies would easily withstand any constitutional/privacy challenges in a court of law as they are reasonably calculated to achieve a discreet purpose, to wit: identify persons utilizing their services and be able to provide identifying information (name/address/social security number of customers and fingerprints of non-customers) in the event of a fraud... the $6 fee would likely be deemed a reasonable cost adjustment to offset the costs of collecting and maintaining this information and to insure against laosses due to frauds committed by persons cashing stolen checks.
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