A woman says a suburban Detroit bank that refused to cash her settlement check on four occasions discriminated against her family because they are Black, according to a lawsuit.
Shanquese Jones, 23, and Bryan Craft Jr., 29, are suing Comerica Bank after they say a branch in Rochester Hills, Michigan, denied them a chance to cash a $1,000 settlement check from their insurance company. The check was drawn on a Comerica account.
The couple had filed the claim after becoming victims of a vehicle break-in and theft of personal property in November, according to the lawsuit filed on Feb. 16.
Jones said in an interview with WDIV-TV that while she had heard of “banking while black,” she never thought it would happen to her.
“I never got racially profiled before, so I walked outside and I was crying. It was embarrassing,” Jones told WDIV-TV.
The lawsuit claims Comerica Bank’s employees accused Jones and Craft of trying to cash a fraudulent check.
The couple is suing the bank for racial discrimination in the making of a contract and accuses the bank of violating Michigan’s Eliott-Larsen Civil Rights Act, which protects against discriminatory policies and practices based on religion, race, marital status, age and other characteristics.
In the lawsuit, Jones said she first went to the Rochester Hills bank, where she was not a customer, on Nov. 21 with a settlement check dated the day before.
She intended to cash the check “and/or open an account to deposit the check into (a) newly created account,” the lawsuit states.
Jones, Craft and her kids were the only Black customers during each of the four visits to the bank that occurred between November and January, according to the document. On the first visit, Jones showed her identification, signed the check and provided the requested thumbprint and written signatures.
“Much to her surprise, the Comerica bank employee, without any proper investigation, advised Ms. Jones that they refused to cash the check or otherwise honor the check,” the lawsuit states.
The bank employee told her to contact the insurance company to get the check reissued. A similar scenario played out the three subsequent times Jones attempted to cash newly issued settlement checks from her insurance company, according to the suit.
On her second bank visit, she came in with a new check that listed the names of her, Craft, and their 6-year-old child. The bank employee on that occasion said they couldn’t cash the check because the child didn’t have an ID, according to the suit.
By their fourth visit on Jan. 12, the couple returned again with a fourth newly issued check from the insurance company. “Comerica Bank employees flatly refused to provide any banking services to Ms. Jones and Mr. Craft, refused to cash the check, refused to otherwise honor the check and refused to open a bank account for them,” the lawsuit claims.
The suit alleges the employees then accused them of committing fraud, and they confiscated the check “because there would be a ‘fraud’ investigation,” according to the suit.
The couple’s lawyer, Brandon McNeal, told WDIV-TV that on Jan. 24, he tested whether the same issue would happen with a customer who was not Black.
“We sent a white customer to the exact same Comerica Bank branch location, and they had a settlement check for $1,000,” McNeal said, according to WDIV-TV. “It was drafted up on a Comerica Bank account, and that white customer had none of the same issues.”
McNeal also told the news outlet of the couple’s case, “Comerica Bank has effectively stolen their check and provided them no recourse but to file this lawsuit.”
In a statement to Atlanta Black Star, Comerica Bank said, “We take all allegations of discrimination regarding anyone visiting or working in our locations very seriously. As reinforced through Comerica’s Core Values, our respect for diversity and inclusion permeates everything we do. Treating all colleagues, customers and suppliers fairly, with dignity and respect is core to our behaviors and any variance is not tolerated.”
McNeal told Atlanta Black Star in an email, “My clients did everything in their power to follow Comerica Bank’s directions and provided ample proof that they were attempting to conduct a legitimate business transaction on four separate occasions. In it my hope that this lawsuit will deter other banks and financial institutions from racially discriminated against customers.”
