Legal Question in Constitutional Law in Utah

Discrimination

I have been banking at the same bank- several years. I check my credit rating often. I was surprised to see my bank report on my credit report in Aug.2001 a 30 times late. My bank never reported my account to the credit buearus before Aug.

I called my banker. He said ''Oh, I did get your messages and hoped you would go away.'' He went on to say there was no money in my account to pay my overdraft.

''I have 2 other accnts that have money in them at all times, why not pull from one of these accnts? Why didn't anyone call me?'' I'm told they don't call everyone. Sent a notice by mail, never states they cannot pull money from my other accounts to pay the overdraft. I assume they can.I would like to pursue a discrimination suit.


Asked on 1/15/02, 12:45 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Discrimination

Only certain types of discrimination are "actionable" and unfortunately, this is not one. You signed an agreement when you opened your account, which regulates the terms and circumstances under which they can remove funds from your account. It also provides terms under which they can report delinquencies. Get a copy of the agreement and read it carefully. Your rights and remedies may be listed in the agreement. If the bank violated terms of their agreement, you can sue for any damages. You can also file a statement with the credit bureau about your side of the story, so others who see your credit report can know what happened.

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Answered on 1/15/02, 9:13 pm


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