Unauthorized Withdrawals And Improper Charges
Both state and federal laws prohibit unauthorized withdrawals from being taken from your bank account or charges made to your credit card without your express consent having first been obtained for that to occur.
Some laws require this consent to have first been obtained expressly in writing. If it is not obtained prior to the withdrawals/charges, you might be entitled not only to the return of the illegally withdrawn or charged amounts but also to statutory damages and for your attorney’s fees and costs to be paid.
Do They Have Written Permission?
If a financial institution such as a bank or credit card company, or even a debt collection company or any other creditor, withdraws funds from your account for at least three regular intervals, such as for three consecutive months, without having a) first obtained your consent in writing or through something similarly authenticated, and/or b) given you a copy of any document that you signed authorizing the prerecorded electronic fund transfers, then you could be entitled to up to $1,000 in statutory damages in addition to your attorney’s fees and costs being paid pursuant to the federal Electronic Funds Transfer Act (15 U.S.C. § 1693 et seq.). This would be the case even if the company had obtained your consent verbally, as the consent must have been obtained expressly in writing.
If you use an automated teller machine (ATM) and the ATM does not provide notice to consumers on the ATM’s physical structure itself that the operator will impose a fee on consumers for conducting a transaction at an ATM as well as the amount of such fee on the screen of the ATM, and you are charged a fee, your rights have been violated.
Hidden ATM Fees?
An ATM operator must, pursuant to the Electronic Funds Transfer Act, disclose in a clear and conspicuous manner (so not hidden) a) on the ATM that a fee will be imposed, and b) on the ATM screen that a fee will be imposed and the amount of such fee. Both disclosures must be present for proper notice requirements to be met so that it can be ensured that consumers always know the amounts charged during ATM transactions. It is federal law.
If you were charged at an ATM that did not provide proper disclosures as to the fee that would be charged and it is clear that the ATM was not tampered with or the disclosures removed prior to your transaction (which would then not be the fault of the ATM operator should they have proper procedures in place to regularly ensure that ATMs are properly maintained and disclosures are properly in place), then please contact Rights Protection Law Group, PLLC. You might be entitled to the refund of said fee, as well as $1,000 in statutory damages and your attorney’s fees and costs to be paid.
Questions?
If you are the victim of unauthorized withdrawals from your bank account or unauthorized charges on your credit card, please contact Rights Protection Law Group, PLLC, immediately. Call us at (844) 893-1006 or use our online form. We would discuss your facts to see if we can assist you. No one should be subjected to unauthorized charges or withdrawals that can improperly take your savings and hard-earned money, and in some situations overdraft your bank account, when you are trying to make ends meet and to support yourself and/or your family.