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06-13-2005 12:06 PM #7
The only difference I am seeing is they used a debit/credit card and this OP is talking about a check. Yeah, I know e-check's etc, but a debit/check card is different obviously. I still say if this happens, take them to court as it is not an authorized charge.
I am not any authority on interstate commerce etc, but I believe the laws of your state apply just as credit card terms and conditions can be superceded by state laws.
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06-13-2005 12:51 PM #8
I'm not sure how it works in the States (I'm Canadian) but can't your friend put a stop payment on her account? I had to do that once after a dispute with another company, and it only cost me $10.
Better than having $200 shoot out of their account.
06-13-2005 01:05 PM #9
Stop payment to me is telling the bank not to honor a check I wrote, not a potential ACH charge initiated by the biller.
I guess it could get interesting if they do charge that bank account.
06-13-2005 05:00 PM #10
I believe the law on direct withdrawals is that there must be a signed authorization and if a bank allows it, you can demand that the bank prove to you that the signed authorization exists.
Some banks try to convince you to prove the opposite but I believe that federal law and/or Automated Clearing House rules makes the banks responsible.
Tell your friend to talk to the bank BEFORE it becomes an issue.
06-13-2005 05:16 PM #11
CC/Debit (as in the posted story) are another story as by giving them the number and such, you have authorized the use of it and there may be a clause with dish that says dish can try any number on file if one is denied (due to over limit or expiration).
Let us know what you find out.
06-13-2005 06:05 PM #12
if it's just a matter of them trying to use an old check to get to your account and post a transaction, they can't do that. i doubt they would try. the way business deal with billing disputes seems pretty universal. they'll send her (or whomever) to a collections agency.
as a side note, you'll notice on direct deposite authorization forms (for your work or whatever) that if you read the small print you're also authorizing them to pull money out in the event of an "error". this is why i have, and suggest to all my friends that they do the same, a checking account that you keep no money in and have removed overdraft-protection. this way once money is transfered into it, you transfer it to another account and if an attempt is made to pull money back out of said account by someone else, they'll simply get a denial or an insufficient funds error.
at any rate, good luck.