No. 20-523

Clarence Matthew Otworth v. PNC Bank

Lower Court: Sixth Circuit
Docketed: 2020-10-20
Status: Denied
Type: Paid
Tags: americans-with-disabilities-act bank-obligations banking check-cashing check-cashing-fee civil-rights disabled-customer disabled-customers non-customer-agent uniform-commercial-code
Key Terms:
SocialSecurity
Latest Conference: 2021-01-08
Question Presented (AI Summary)

Whether a bank is obligated to cash a check and give the money to the agent of a disabled customer who is the payee

Question Presented (OCR Extract)

QUESTIONS PRESENTED For a person to be known as a customer of a bank there must be either a current account or any sort of deposit account like a saving, team deposit, recurring deposit, loan account or similar relation. Banks are entitled to charge noncustomers a check cashing fee, but they should not be allowed to charge noncustomers a check cashing fee if the noncustomers are aides of disabled customers because disabled customers must pay the noncustomer check cashing fee to get their deposits out of the bank. | FIRST QUESTION IF A DISABLED CUSTOMER WRITES A CHECK PAYABLE TO HIMSELF, AND THE NONCUSTOMER AGENT OF THE DISABLED CUSTOMER DELIVERS THE CHECK TO THE BANK, IS THE BANK OBLIGATED TO CASH THE CHECK AND GIVE THE MONEY TO THE AGENT OF THE DISABLED CUSTOMER? Clarence Otworth asserts that a bank is obligated to give the money of a customer to the agent of the customer if the customer is the payee. e SECOND QUESTION IF DISABLED CUSTOMERS ARE FORCED TO PAY THE CHECK CASHING FEE OF BANKS ON THEIR NONCUSTMER AIDES TO GET THEIR DEPOSITS OUT OF THE BANK IS THAT A VIOLATION OF THE AMERICANDS WITH DISABILITIES ACT OF 1990, AS AMENDED, AND/OR A VIOLATION OF CHAPTER 4 OF THE UNIFORM COMMERICAL CODE? Petitioner asserts that it is definitely a violation of the Americans with Disabilities Act of 1990, as amended (ADA), and/or Chapter 4 of the Uniform Commercial Code (UCC), because disabled customers must pay the noncustomer check cashing fee of banks on their noncustomer aides to get the money they deposited in the bank out of the bank. “

Docket Entries

2021-01-11
Petition DENIED. Justice Alito took no part in the consideration or decision of this petition.
2020-12-09
DISTRIBUTED for Conference of 1/8/2021.
2020-11-19
Brief of respondent PNC Bank, N.A. in opposition filed.
2020-09-23
Petition for a writ of certiorari filed. (Response due November 19, 2020)

Attorneys

Clarence M. Otworth
Clarence Otworth — Petitioner
PNC Bank
Jeremy S. RogersDinsmore and Shohl LLP, Respondent