Plaintiff’s alleges violations of the Federal Electronic Fund Transfers Act (15 U.S.C. § 1693(b), the Nevada Deceptive Practices Act, NRS § 598.092(8) and (14), and NRS 598.0923(3), among other laws because he and similarly situated individual are “charged” to use their own money. Plaintiff’s allegations are based on the fact that upon release from custody Plaintiff and other similarly situated individuals must accept their own money confiscated at the time of arrest, or added to their inmate trust accounts by family members and friends to use in commissaries or for other services in the form of a pre-paid debit card that quickly deducts/charges fees for use or non-use.
After nearly three years of litigation, the Parties filed dueling motions for summary judgment between March 2023 and April 2024. On August 26, 2024, the Court issued an Order granting in part and denying in part each of the Parties’ motions. Nevertheless, the Court held that Plaintiff’s claims against the Defendants for violation of the Electronic Funds Transfers Act (“EFTA”) §1693l-1 and the Nevada Deceptive Trade Practice Act (“NDTPA”) § 598.0923(1)(c) could proceed to trial. The Court ordered the Parties to participate in a pretrial settlement conference with the Honorable Magistrate Judge Denney. A settlement was reached during that mediation.
The Court granted final approval of the class action settlement on June 12, 2025. Settlement checks are expected to be mailed to Class Members at the end of July 2025.
If you were required to receive reimbursement of an inmate trust account in the form of a pre-paid debit card, please contact Thierman Buck immediately to discuss your rights.
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