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TexLaw
TexLaw, Attorney
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Experience:  Lead trial/International commercial attorney licensed 11 yrs
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When my sister moved out of her ex-boyfriends house, he asked

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When my sister moved out of her ex-boyfriends house, he asked that she use her bank card to give to Directv for the installation charges of $19.99. They were separating on good terms so she did. That was in July/August 2012. Since then she has had her own apartment with her own cable service (not Directv). Two weeks ago Directv took all of the money out of her account, around $340, for past due payments of $900 something from her ex. They keep trying to take more out, but she has not put any more money in that account. Her name is XXXXX XXXXX the account and, infact, Directv would not even give her any information until she explained the situation. She has sent them the paper work they wanted, but are denying her claim and not returning the money. Is this legal for them to take money from someone who was just helping out a friend with the installation charge? What should she do next?

Hi,

Thank you for your question.

What this means is that the ex-boyfriend also provided the card number to DirectTV as a method of payment for not only the installation charges, but any other charges due. In the customer service agreement, Direct TV reserves the right to charge any card provided for any amount due.

However, the card needs to be in the name of the person signing the contract, as that person is the only one who can authorize payment from the card.

Because your sister did not actually sign an authorization, DirectTV did not have authority to charge the card. So Direct TV is in the wrong for charging the card.

The next question is what you can do about it. Direct TV will not likely return the money voluntarily.

You stated taht she has called Walmart Card Services, is that the issuer of the card?

Customer: replied 4 years ago.

Yes.

She needs to call them back and state plain and simple that the charge made is an unauthorized charge and that she wishes to dispute the charge. She should ask them to send her an affidavit and also to cancel her card and reissue a new one with a different number. She should also ask for a provisional credit to her account. If the person on the phone won't help her, she needs to be insistent and ask to speak to manager until someone does help her.
Customer: replied 4 years ago.


She filled out a Transaction Dispute Form and faxed it to Walmart card services. They contacted DirectTV and DirectTV told Walmart card services that per their customer agreement she is liable. BUT, she is not their customer and is not listed on the agreement. Should Walmart request a copy of the agreement or something?

Absolutely. She needs to contact WalMart and let them know that she was NEVER a Direct TV customer and that this was someone else's account that used her card without authorization.

If WalMart won't help out, the next step would be to sue DirectTV in small claims court.

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