25.  Pursuant to Federal Rule of Civil Procedure 23, Plaintiff brings this action on  behalf of himself and a Nationwide Class of similarly situated persons defined as follows:  The Nationwide Class. All Releasees from Federal prison in the  United States who, within the applicable statute of limitations  preceding the filing of this action to the date of class certification,  incurred bank fees on a JPMorgan Chase debit card or currently  have an unused balance on a JPMorgan Chase debit card under  $20.   26.  Additionally, pursuant to Federal Rule of Civil Procedure 23, Plaintiff brings this  action on behalf of himself and a Multi-State Class of similarly situated persons defined as  follows:  The Multi-State Class. All Releasees from Federal prison in the  United States, except for the State of Iowa, who, within the  applicable statute of limitations preceding the filing of this action  to the date of class certification, incurred bank fees on a JPMorgan  Chase debit card or currently have an unused balance on a  JPMorgan Chase debit card under $20.  7   27.  Together, the Nationwide Class and the Multi-State Class are the “Class” or the  “Classes.”   28.  Plaintiff reserves the right to modify or amend the definition of the proposed  Class before the Court determines whether certification is appropriate.   29.  Excluded from the Class is Defendant, its parents, subsidiaries, affiliates, officers,  and directors, any entity in which Defendant has a controlling interest, all customers who make a  timely election to be excluded, governmental entities, and all judges assigned to hear any aspect  of this litigation, as well as their immediate family members.   30.  Numerosity. The members of the Class are so numerous that joinder is  impractical. The Classes consist of thousands of members, the identity of whom is within the  knowledge of Defendant and can be ascertained only by resort to Defendant’s records.   31.  Typicality. The representative Plaintiff’s claims are typical of the claims of the  Class in that the representative Plaintiff, like all Class members, was defaulted into using a  JPMorgan Chase debit card and then prevented from accessing the full amount of his personal  funds without interference, obstacles, and fees.  The representative Plaintiff, like all Class  members, has been damaged by Defendant’s misconduct in that he has been forced to use a  JPMorgan Chase debit card to access his own funds and has been assessed, has been prevented  from fully accessing all funds, and/or will continue to be assessed unfair and unconscionable  bank fees. Furthermore, the factual basis of Defendant’s misconduct is common to all Class  members and represents a common thread of unfair and unconscionable conduct resulting in  injury to all members of the Class.   32.  Commonality and Predominance. There are numerous questions of law and fact  common to the Class, and those common questions predominate over any questions affecting  8  only individual Class members. Among the questions of law and fact common to the Classes are  whether Defendant:  a.  automatically opens debit card accounts for Releasees without  consent;  b.  imposes contractual forms upon Releasees, without providing  Releasees with the meaningful ability to review or approve the  terms of those contracts;  c.  deceives Releasees about, and does not adequately disclose, ATM  fees by, among other things, charging, in effect, two service fees  for every non-JPMorgan Chase ATM withdrawal;  d.  forces persons to forfeit unused balances on debit cards;  e.  converts money belonging to Plaintiff and the other members of  the Classes through its policies and practices;  f.  is unjustly enriched through its policies and practices; and  g.  violates the consumer protection acts of various states through its  policies and practices.   33.  Additional questions of law and fact common to the Classes include:  a.  the proper method or methods by which to measure damages; and  b.  the declaratory relief to which the Classes are entitled.   34.   Adequacy of representation. Plaintiff’s claims are typical of the claims of the  other Class members, in that they arise out of Defendant’s same wrongful policies and practices.  Plaintiff has suffered the harm alleged herein and has no interests antagonistic to the interests of  the other Class members. Plaintiff is committed to the vigorous prosecution of this action and has  retained competent counsel experienced in the prosecution of class actions and, in particular,  class actions on behalf of consumers and against financial institutions. For these reasons,  Plaintiff is an adequate representative and will fairly and adequately protect the interests of the  Class.  9   35.  Superiority. A class action is superior to other available methods for the fair and  efficient adjudication of this controversy. Since the amount of each individual Class member’s  claim is small relative to the complexity of the litigation, and due to the financial resources of  Defendant, no Class member could afford to seek legal redress individually for the claims  alleged herein. Consequently, absent a class action, the Class members will continue to suffer  losses and Defendant’s misconduct will proceed without remedy.   36.  Even if Class members themselves could afford such individual litigation, the  court system could not. Given the complex legal and factual issues involved, individualized  litigation would significantly increase the delay and expense to all parties and to the Court.  Individualized litigation would also create the potential for inconsistent or contradictory rulings.  By contrast, a class action presents far fewer management difficulties, allows claims to be heard  that might otherwise go unheard because of the relative expense of bringing individual lawsuits,  and provides the benefits of economies of scale and of adjudication and comprehensive  supervision by a single court.  37.  In Federal prisons, JPMorgan Chase issues debit cards to inmates when they are  released that contain the balances remaining in their prison accounts. The accounts are funded  with both contributions from inmates’ friends and family and with monies the inmates earned for  work in prison, as well as monies in the possession of inmates at the time of their arrest.   38.  Released inmates have no choice but to accept the JPMorgan Chase debit cards,  as the prisons foist the cards upon the Releasees on their way out, and the cards are the only  means by which a Releasee can receive funds that he or she owns and has a right to possess,  10  unencumbered—money earned, often times, at the rate of 17 cents an hour in prison jobs.   39.  No contract is created between Releasees and JPMorgan Chase at the time of  release. The inmate is handed minimal information without explanation or an opportunity to  agree or disagree.    40.  JPMorgan Chase has a (literally) captive market and exploits its unfettered power  to gouge Releasees—just at the moment they begin their attempt to reintegrate into society.   41.  Releasees later discover that Defendant charges them fees for accessing their own  or for failing to access their money quickly enough for Defendant’s liking. Releasees also  discover they are forced to forfeit remaining balances on debit cards that they cannot use.   42.  Not only does JPMorgan Chase have contractual basis for assessing any fees, but  the fees it does assess are excessive and unconscionable. For example, unless a Releasee can  locate a JPMorgan Chase ATM, JPMorgan Chase charges two separate ATM withdrawal fees for  each ATM withdrawal: a $2.00 fee for itself and a fee of $2.50 to $4 for use of the non- JPMorgan Chase ATM. Shockingly, a Releasee thus faces a $5.00 charge or more to make a  single ATM withdrawal if he or she cannot locate a Chase ATM.   43.  Even after JPMorgan Chase issues the debit card, JPMorgan Chase does  everything it can to keep Releasees locked into the debit card. For example, JPMorgan Chase  makes it cost-prohibitive for a Releasee to receive his or her funds in cash, even after release.  Indeed, if a Releasee simply walks in to a JPMorgan Chase branch and asks for the branch to  provide the funds on his debit card to him in cash, JPMorgan Chase will charge an astounding  $10.00 for that “privilege.”  11   44.  The $10.00 cash conversion fee exists solely to disincentivize Releasees from  receiving their funds in cash and to force Releasees to use the JPMorgan Chase debit card issued  to them without their consent.   45.  Market surveys indicate that such cash withdrawal fees are unheard of in the debit  card market.  For example, another Chase debit card product offered on the open market, Chase  Liquid, provides this same service for free.  Direct Express does as well.  Wal-Mart and Western  Union charge just $2.     46.  Similarly, JP Morgan Chase charges a shocking $15 for the issuance of a check  for funds in an debit card account.  Chase’s “Liquid” debit card charges just $8 for this service— and Western Union charges just $5.95 for check issuance.   47.  JPMorgan Chase has an obvious incentive to force Releasees to use its debit  cards. Via payments network rules, JPMorgan Chase earns money every time an inmate uses a  card for a debit card purchase or for an ATM withdrawal. To make sure Releasees use their debit  cards in a way that makes money for the Bank, JPMorgan Chase makes it difficult for Releasees  to remove their funds from their debit cards—either via an over the counter withdrawal or via a  check.   48.  JPMorgan Chase also reaps significant fee income from forcing Releasees to use  its debit cards. For example, it charges 45 cents merely to check a balance at an ATM, $1.50 if  an account is inactive for 90 days, $7.50 to replace the card a second time within a year, and  $0.25 for declined point-of-sale (“POS”) transactions, and it charges for the use of non- JPMorgan Chase ATMs.   49.  Even small penalties can be both more significant—and more devastating—for  newly-released prisoners, who may have less money and banking experience and who face many  12  other barriers to reintegrating into society.   50.  The harshness of the fee structure is designed to ensure that users will forfeit  small, remaining balances to the Bank because of the difficulty or impossibility of retrieving  them. This feature acts as another, hidden fee imposed on users of the JPMorgan Chase debit  cards.   51.  Indeed, the under-use of balances is a well-known phenomenon in the similar gift- card industry. As much as $41 billion in gift-card value has gone unused since 2005, according  to research firm TowerGroup, often due to the inability to “use up” remaining balances.   52.  Upon information and belief, the same phenomenon impacts the JP Morgan  Chase’s debit cards foisted upon Releasees—to JP Morgan Chase’s great benefit.   53.  JPMorgan Chase’s fee schedule prevents Releasees from fully “using up” the  funds placed on their debit cards. Balances under $20.00 are not retrievable at an ATM. An in- person withdrawal at a Bank branch costs $10.00, making it impossible to retrieve a remaining  balance under that amount. And the Bank provides no indication anywhere in the debit card  documentation, website, or other materials that a check refund of the remaining balance is a  possibility—and charges $15 for the right even when a debit card holder seeks a check.  II.  Conversion  (On Behalf of the Classes)  126.  Plaintiff repeats and realleges the preceding and subsequent paragraphs as though  set forth herein.  127.  Defendant had, and continues to have, a duty to maintain and preserve debit  cardholders’ funds and to prevent their diminishment through its own wrongful acts.  128.  Defendant has, without proper authorization, assumed and exercised the right of  ownership over these funds, in hostility to the rights of Plaintiff and the Class members, without  legal justification.  24  129.  Defendant continues to retain the funds unlawfully and without the consent of  Plaintiff or the Class members.  130.  Defendant intends to permanently deprive Plaintiff and the Class members of the  funds.  131.  Plaintiff and the Class members properly own the funds, not Defendant, who now  claims it is entitled to their ownership, contrary to the rights of Plaintiff and the Class members.  132.  Plaintiff and the Class members are entitled to the immediate possession of the  funds.  133.  Defendant has wrongfully converted the specific and readily identifiable funds.  134.  Defendant’s wrongful conduct is continuing.  135.  As a direct and proximate result of Defendant’s wrongful conversion of their  funds, Plaintiff and the members of the Classes have suffered and continue to suffer damages.  136.  By reason of the foregoing, Plaintiff and the members of the Classes seek to  recover from Defendant all damages and costs permitted by law, including all amounts that  Defendant has wrongfully converted.  137.  Therefore, Plaintiff prays for relief as set forth below.  I.  BACKGROUND   Unjust Enrichment  (On Behalf of the Classes)  118.  Plaintiff repeats and realleges the preceding and subsequent paragraphs as though  set forth herein, excepting those paragraphs that allege the existence of a valid contract.  119.  By means of Defendant’s wrongful conduct alleged herein, Defendant knowingly  received and retained wrongful benefits and funds from Plaintiff and the members of the Classes.   In so doing, Defendant acted with conscious disregard for the rights of Plaintiff and the members  of the Classes.  120.  As a result of Defendant’s wrongful conduct as alleged herein, Defendant has  been unjustly enriched at the expense of, and to the detriment of, Plaintiff and the Class  members.  23  121.  Defendant’s unjust enrichment is traceable to, and resulted directly and  proximately from, the conduct alleged herein.  122.  Under the common law doctrine of unjust enrichment, it is inequitable for  Defendant to retain the benefits it received, and is still receiving, without justification, from the  imposition of bank fees on debit cards in an unfair, unconscionable, and oppressive manner.  Defendant’s retention of such funds under circumstances making it inequitable to do so  constitutes unjust enrichment.  123.  The financial benefits Defendant derived rightfully belong to Plaintiff and the  Class members. Defendant should be compelled to disgorge in a common fund, for the benefit of  Plaintiff and the Class members, all wrongful or inequitable proceeds Defendant received. A  constructive trust should be imposed upon all wrongful or inequitable sums Defendant received  traceable to Plaintiff and the Class members.  124.  Plaintiff and the members of the Classes have no adequate remedy at law.  125.  Therefore, Plaintiff prays for relief as set forth below.  Violation of New York’s Consumer Protection from Deceptive Acts and Practices Act,  N.Y. GEN. BUS. LAW. § 349 et seq.  New York General Business Law Section 349  (On Behalf of the Classes)  138.  Plaintiff repeats and realleges the preceding and subsequent paragraphs as though  set forth herein.  139.  Plaintiff brings this claim on behalf of the Classes for violation of section 349 of  New York’s Consumer Protection from Deceptive Acts and Practices Act, N.Y. GEN. BUS. LAW  25  § 349 et seq.  140.  Section 349 prohibits “[d]eceptive acts or practices in the conduct of any  business, trade or commerce or in the furnishing of any service in [the State of New York].”  N.Y. GEN. BUS. LAW § 349(a).  141.  As described herein, Defendant engaged, and continues to engage, in deceptive,  unfair, and unconscionable acts and practices in violation of section 349 by automatically  creating debit cards for Plaintiff and the Class members, placing all of Plaintiff’s and the Class  members’ funds on the debit cards, and then making it impossible for Plaintiff and the Class  members to fully consume all of the funds on the cards—all without Plaintiff’s or the Class  members’ consent.  142.  Plaintiff and the Class members had no reasonable choice other than to go along  with Defendant’s conduct of forcing them to accept their funds on debit cards when they were  released from Federal prison, and once the funds were on the debit cards, Plaintiff and the Class  members had no reasonable option other than to pay the deceptive, unfair, and unconscionable  fees Defendant charged, which prevented Plaintiff and the Class members from receiving all of  their money upon their release from prison. Plaintiff and the Class members would not have  accepted Defendant’s debit cards if they had known it was impossible for them to receive the  entirety of their funds via the debit cards.  143.  Plaintiff and the Class members were injured in fact and lost money as a result of  Defendant’s deceptive, unfair, and unconscionable acts and practices for all of the reasons set  forth above, including but not limited to (i) because Plaintiff and the Class members were unable  to recover the entirety of their money from Defendant’s debit cards and, consequently, never had  an opportunity to recover the entirety of their own money on their release from prison and (ii)  26  because Defendant charged Plaintiff and the Class members deceptive, unfair, and  unconscionable fees for use of its debits as fully described above.  144.  By reason of the foregoing, Defendant’s conduct, as alleged herein, constitutes  deceptive acts and practices in violation of section 349, and Plaintiff and the Class members seek  recovery of the actual damages they have suffered as a result of Defendant’s actions. The amount  of such damages is to be determined at trial, but will not be less than $50 per act. N.Y. GEN. BUS.  LAW § 349(h).  145.  Plaintiff and the Class members seek to enjoin such unlawful, deceptive acts and  practices described above. Each of the Class members will be irreparably harmed unless the  Court enjoins Defendant’s unlawful, deceptive, unfair, and unconscionable actions.  146.  Plaintiff and the Class members seek declaratory relief, restitution for monies  wrongfully obtained, disgorgement of ill-gotten revenues and/or profits, injunctive relief  prohibiting Defendant from, inter alia, continuing to force Releasees to use its debit cards on  release from Federal prison and continuing to charge deceptive, unfair, and unconscionable fees  for use of the cards, and other relief allowable under section 349.  147.  Therefore, Plaintiff prays for relief as set forth below. 