Information and Alerts

Government Actions

CFPB vs JPay. File no 2021-CFPB-0006

UPDATE As of December 15, 2022:

Consumers harmed by prison financial services company JPay to receive compensation.

In October 2021, the CFPB penalized the prison financial services company JPay for violating the Consumer Financial Protection Act (CFPA) by charging consumers fees to access their own money on prepaid debit cards that consumers were forced to use. JPay also violated the Electronic Fund Transfer Act (EFTA) when it required consumers to receive their government benefits through a JPay debit card, including their “gate money,” which is money provided under state law to help people meet their essential needs as they are released from incarceration.

As part of the consent order, JPay was required to pay $4 million to the CFPB to be used to provide redress for eligible consumers. The CFPB will begin distributing redress payments to eligible consumers this month. Checks—sent from Epiq Systems—will be mailed to some eligible consumers on December 14, 2022. Other consumers who are eligible for redress may be contacted by Epiq Systems by email with information about how to submit their mailing address so they can be mailed a check.

info@cfpb-jpay.org.

LINK: https://www.consumerfinance.gov/about-us/blog/consumers-harmed-by-prison-financial-services-company-jpay-to-receive-compensation/

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As of October 19, 2021:

The Consumer Financial Protection Bureau (CFPB) took action against the prison financial services company JPay for violating the Consumer Financial Protection Act (CFPA) by charging consumers fees to access their own money on prepaid debit cards that consumers were forced to use. JPay also violated the Electronic Fund Transfer Act (EFTA) when it required consumers to sign up for a JPay debit card as a condition of receiving government benefits - in particular, "gate money," which is money provided under state law to help people meet their essential needs as they are released from incarceration. The consent order severely limits the fees JPay can charge on release cards going forward, allowing only inactivity fees after 90 days without card activity. The order also requires the company to pay $4 million for consumer redress and a $2 million civil money penalty.

The CFPB concluded that JPay engaged in unfair, deceptive, and abusive acts and practices in violation of the CFPA. The CFPB also concluded that JPay violated EFTA and its implementing Regulation E. EFTA and Regulation E prohibit certain companies and government benefits entities from conditioning the receipt of a government benefit on opening an account with a particular financial institution.

Specifically, the CFPB found that JPay:

Abused its market dominance: JPay charged consumers unavoidable fees for prepaid cards used to return money owed to consumers at the time of their release from incarceration. Consumers could not protect their interests in the selection and use of JPay's cards because they were denied a choice on how their own money would be given to them upon release. JPay did not provide a reasonable way for consumers to close their card accounts to obtain their card balances without paying fees. By assessing fees on these captive consumers, JPay took advantage of them and caused harm.
Illegally required consumers in certain states to receive protected government benefits on debit release cards: In California, Colorado, and Georgia, just-released individuals were required to establish an account with a financial institution as a condition of receiving their gate money. JPay violated EFTA and Regulation E by illegally requiring consumers just released from incarceration to establish accounts with a particular financial institution to receive their gate money.
Charged fees without authorization: Contrary to the terms stated in certain cardholder agreements, consumers were charged fees before the debit release cards were loaded with additional funds.
Misrepresented fees to consumers: In certain states, the fees disclosed in the cardholder agreement were different from fees described on a separate "green sheet," or were misleadingly omitted from the "green sheet." Between approximately 2014 and 2017, up to 176,000 consumers received green cards that were inaccurate, incomplete, or both.

The consent order issued today requires JPay to:
Stop charging most fees: The order prohibits JPay from violating the CFPA, EFTA, and Regulation E. Among other provisions, JPay cannot charge any fees on release cards, except an inactivity fee after 90 days of inactivity.
Refund harmed consumers: JPay must pay $4 million to compensate consumers harmed by its unfair and abusive acts.
Pay a civil penalty: The order also requires JPay to pay a $2 million civil money penalty to the CFPB, which will be deposited into its Civil Penalty Fund.

For more information, please contact:
Consumer Finance Protection Bureau
1700 G St. NW
Washington, DC 20552
Tel: (855) 411-2372
Web: https://www.consumerfinance.gov/

LINK: https://www.consumerfinance.gov/about-us/newsroom/cfpb-penalizes-jpay-for-siphoning-taxpayer-funded-benefits-intended-to-help-people-re-enter-society-after-incarceration/