For counsel
This page is for attorneys. It is deliberately narrower than the rest of this site, and it is written to a different standard: one defendant, the counts that can be pleaded to elements, the documents that support them, and nothing else. Everything on the other fifty pages stays where it is. If it cannot be pleaded, it is not on this page.
The practical question this answers first, because it is the one that ends most of these conversations: the statutes below shift fees. On a prevailing claim the defendant pays the attorney's fees. Whether the plaintiff can fund a case is therefore not the screening question here.
The count
Defendant: JPMorgan Chase Bank, N.A. Consumer deposit relationship, Arizona, with conduct also reaching California. Two claims are stated below in their elements. They are separable; either can be pleaded without the other.
- Fair Credit Reporting Act — furnisher liability
- Claim: inaccurate information furnished about the plaintiff to a consumer reporting agency in the deposit-account sector — ChexSystems and Early Warning Services — and not corrected on investigation. Elements as pleaded: (1) the defendant is a furnisher of information; (2) the information furnished was inaccurate or incomplete; (3) the agency notified the defendant of a dispute; (4) the defendant failed to conduct a reasonable investigation; (5) resulting injury, including denial or restriction of deposit-account access elsewhere. Private right of action and fee-shifting on a prevailing claim: 15 U.S.C. §§ 1681n and 1681o. Specialty-agency status of the two reporting bodies is a matter of public record.
- Right to Financial Privacy Act — disclosure without process
- Claim: the plaintiff's financial records were made available to a government authority without the notice and process the statute requires. Elements as pleaded: (1) the plaintiff is a customer as defined; (2) the defendant is a financial institution as defined; (3) records were disclosed to a government authority; (4) no administrative subpoena, search warrant, judicial subpoena, formal written request or customer authorisation accompanied the disclosure, and no statutory exception applies; (5) the plaintiff received no notice and no opportunity to challenge. Civil liability and fee-shifting: 12 U.S.C. § 3417. This claim turns on the defendant's own records, which are obtainable in discovery.
Federal activity in the same conduct, at a glance
Offered as context for the count rather than as a claim. None of it is pleaded here, and none of it is required for the claims above to stand.
- Office of the Comptroller of the Currency, October 2026: findings against nine banks concerning account-closure practices in the period 2020 to 2025.
- Executive Order 14331, directing federal review of politicised or otherwise improper denial of financial services.
- Review activity at the Consumer Financial Protection Bureau and the Comptroller's office in the same subject matter, live at the date of this page.
Exhibits for this count
Dated and held. This list covers the banking count only; it is not the exhibit set for anything else on this site.
| Date | Item |
|---|---|
| From Dec 2019 | Overdraft charges on the consumer deposit account, running at approximately $300 a month. |
| Mar 21, 2024 | Closure of the account. |
| Following closure | Reporting to the deposit-account specialty agencies, and the downstream effect on opening an account elsewhere. |
Statements, correspondence, the closure notice and the agency disclosures are held and available to counsel on request. Dates above are as recorded; the full set governs.
What I am looking for
Representation on a contingency or fee-shifting basis on the consumer-financial counts above. Arizona, with claims also reaching California. I am not asking anyone to take the rest of my record; I am asking about this count.
Blake S. Davis — owner@blakesdavis.com
Everything else, kept separate on purpose
The rest of this site is a public record, not a pleading, and it is written in my own voice. It includes allegations against companies and agencies that I have not stated here, regulatory complaints, a notice packet, and a quantity of material that has nothing to do with a bank account. None of it is incorporated into the count above, and none of it needs to be evaluated to evaluate the count.
I have separated them deliberately. A claim that can be pleaded to elements should be read on its elements, and attaching a wider story to it does the claim no favours. The wider record is on the Allegations, Legal and Censorship pages for anyone who wants it.