Microsoft Copilot: Standing to sue for refusal to open bank account to nonresident alien not engaged in a trade or business because of refusal to provide a Social Security Number

EDITORIAL: The withholding form to use for the scenario described below is:

W-8SUB, Form #04.231
https://sedm.org/Forms/04-Tax/2-Withholding/W-8SUB.pdf

If the financial institution invokes the Know Your Customer (KYC) rules to discriminate based on failure to supply an SSN, use the following:

1. Know Your Customer (KYC) Disclosure and Legal Notice and Demand to Obey Law, Form #09.084
2. Money Laundering Enforcement Scam, Form #05.044, Section 7: Know Your Customer Programs

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QUESTION:

What kind of injury might furnish standing to sue a financial company for discrimination in the opening of a financial account by requiring a Social Security Number even though there is no law requiring it and the applicant is a nonresident alien not engaged in a trade or business?

COPILOT ANSWER:

In the context of standing to sue a financial company for discrimination in the opening of a financial account, an injury that could provide standing includes the following:

1. Concrete Harm or Injury-In-Fact:
   • The applicant, who is a nonresident alien, may assert that the bank’s discriminatory policy caused them concrete harm.
   • This harm could be in the form of denied access to financial services (such as opening a checking account) due to the requirement of a Social Security Number (SSN).
   • The denial of access to essential banking services constitutes a tangible injury that affects the applicant’s ability to manage finances, make transactions, and participate fully in economic activities.
2. Violation of Civil Rights Laws:
   • The applicant can argue that the bank’s policy violates state and federal civil rights laws.
   • Discrimination based on immigration status may contravene provisions such as the Unruh Act (in California) or other anti-discrimination statutes.
   • The denial of services based on immigration status could be considered an unfair, deceptive, or abusive act or practice (UDAAP) under the Dodd-Frank Act.
3. Standing Based on Precedent:
   • Recent court decisions, such as the Ninth Circuit’s ruling in Chattopadhyay v. BBVA USA, have recognized that immigrants can sue banks for discriminatory practices.
   • The court found that the denial of online account enrollment to non-citizens constitutes a concrete injury-in-fact and provides standing to sue.

In summary, the applicant’s concrete harm resulting from discriminatory practices and the violation of civil rights laws could furnish standing to pursue legal action against the financial company¹²³.

Learn more

1courthousenews.com

2supremecourt.gov

3supreme.justia.com

4prospect.org

5law.cornell.edu

6justice.gov