My complaint:
To Whom It May Concern:
Hi, I hope that you are doing well. I am filling out this form because I am experiencing a violation of a few of my rights from Cash App. To begin, I am a young disabled woman that suffers from a litany of chronic physical and mental health conditions including that of cognitive impairments from a Traumatic Brain Injury caused by Covid. With this in mind, I have been without the full-time Caregiver that I have been promised by the state for quite some time and my situation has become dire.
For fear that I could not go any longer without any care, an acquaintance suggested one of his friends to help me, however this person lived more than 30 minutes away and was requesting gas money and a security deposit upfront.
To clarify, on the night of 08/20/2023, I was tricked into sending $140 to someone that I did not know for gas money, etc. to come to my apartment to help me with Caregiving services. Accordingly, this person, (Jason Jones; $Cashtag: $J2relz; Phone Number: 1-262-957-9578), accepted the money, did not show up, blocked my calls, and is refusing to refund my money.
It is important to realize that this person did not only scam me, but committed Financial Exploitation of a person of disabilities, which is a Class 4 Felony! Therefore, I have been requesting a refund as this is a serious crime and I am a protected class of citizen especially from this kind of discrimination and abuse.
Additionally, because of specific health conditions related to my disabilities, (which I can elaborate on later), what happened to me/my situation is an extenuating circumstance as the aforementioned health conditions made it impossible for me to make sound decisions at the time of the transaction, especially because of being without a Caregiver to oversee such important decisions when my disabilities were keeping me from making intelligent informed decisions that an non-disabled person would be able to do, on top of the fact that it made me a perfect target for a scam, coupled with my utter desperation for care and help.
According to the Americans With Disabilities Act:
34 – Title II Regulations 28 CFR Part 35 Department of Justice
(7) A public entity shall make reasonable modifications in policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability, unless the public entity can demonstrate that making the modifications would fundamentally alter the nature of the service, program, or activity.
Therefore, I asked Cash App for a reasonable modification to be made to their policy, i.e., a refund. This would avoid discriminating against me because of my disabilities and would not fundamentally alter the nature of their service, not to mention that I do not have a history of asking for such modifications showing that this is a legitimate case that needs to be taken seriously so that my human rights are not violated, but they have been gaslighting me, among other things.
I also pointed out that: According to Cash App’s Terms and Conditions:
Section: VII. Peer-to-Peer Service: Article 9 states that if a Peer to Peer Payment should not have been made for ANY reason, (as in MY case), then Cash App will reverse that payment. I have copied and pasted below for your reference. So I asked them to please reverse the payment, but they again dismissed me. I am beyond livid at this point and need help!
9. Invalid P2P Payments
If we believe you received a payment that should not have been made for some reason (for example, fraud), you give us permission to reverse that payment. We are not responsible for any payments that you receive, even if you don’t know who sent the payment.
If you receive a P2P Payment and we later determine in our sole discretion that the P2P Payment was invalid for any reason, you hereby authorize us to move funds from the applicable Eligible Transaction Account or Eligible Credit Account in an amount equal to the P2P Payment.
You acknowledge and agree that we will not be liable in any way for any P2P Payments that you may receive, regardless of whether you authorized the Sender to send them to you.
Suggested solution:
They should refund me the $140 and shut down this scammer's Cash App account and that is the least that they can do!
