Lawsuit Challenges Jail Debit Card Fees

A federal lawsuit is alleging inmates at the Benton County jail are being charged high fees by the company that operates the jail’s commissary in exchange for kickbacks.

The lawsuit names Sheriff Kelley Cradduck, in his official capacity, and Keefe Commissary Network.

Cash belonging to those booked into the jail is converted to a prepaid debit card with exorbitant fees that are paid to Keefe, according to the suit. A service fee paid to Keefe is returned to the Sheriff’s Office and can be considered a kickback, according to the suit filed last week by two attorneys, Charles Kester and Monzer Mansour.

The suit seeks class action status. Yves Eugene Adams is the complainant.

The proposed class would include all persons from whom cash was seized upon their arrest or booking into jail and to whom the money was returned in the form of a prepaid debit card, rather than in cash, after April 19, 2012, the date the policy was adopted. The class numbered about 2,270 potential members as of April 5 and, according to Kester and Mansour, is growing daily because of the ongoing policy.

The suit claims the county’s contract with Keefe contains a “service fee” of 34 percent of “adjusted gross sales” of commissary items. The contract also calls for any money seized from arrestees or inmates to be placed in a designated account. The agreement includes fees involuntarily charged to inmates for the use of the prepaid debit card.

The average amount placed on a prepaid debit card upon a person’s release is $88.74, according to the suit. The fees charged class members range from $1.50 to $38 per transaction using the card, according to the suit.

A call to the Benton County Sheriff’s Office seeking comment was not returned Monday afternoon.

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