On August 21, a federal magistrate judge in the District Court for the Western District of Washington ordered a bank to produce certain records related to its prepaid debit card program, including documents maintained by third-party contractors. Specifically, the bank will be required to collect and produce documents held by the program manager and payment processor, both of whom administered release cards issued to former inmates, including the named plaintiff.

Although the bank argued that it did not possess the requested documents, the court found that the bank’s contractual relationships with these third-party contractors gave it the legal right to obtain the records. This legal right, according to the court, satisfies the “control” standard under Federal Rule of Civil Procedure 34.

The court determined that documents relating to compliance with the EFTA, cardholder disclosures, fund-handling practices, issuance procedures, and communications with government agencies are relevant to the case. These materials may address whether the release cards were improperly solicited and whether the associated fees were unfair.