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Question

My fiance used our bank debit card to make a partial payment on her mother's direct tv account over the phone. The current balance her mom owes is $209.59 and my fiance made a $125.00 payment toward this. The remaining balance was agreed to be paid by my fiance mother next friday. Direct tv took the whole amount owed on the account out of mine and my fiance bank account without our authorization. my finace called direct tv back afer having learned they did this and demanded that they reverse the charges and was told that it was to bad and that they were not reversing the charges. My question is how can they legally remove funds our of our banking account without our approval. Is this not Fruad and Theft on Direct tv part?

Submitted: 16 days and 9 hours ago.
Category: Legal
Value: $38
Status: CLOSED
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Optional Information

State/Country relating to Question: Indiana

Already Tried:
My fiance called direct tv back and told them they were not authorized in taking out more than agreed and was told very rudely that it was to bad that direct tv was not going to reverse charges they made without our consent and that my fiance could contest them taking out the full amount.

Accepted Answer

Hello,

 

What they have done is make an unauthorized withdrawal from your account which can be charged as a crime. You need to immediately notify your bank that you only authorized $125 and request that they dispute or reverse the charge from their side. I would also then file a complaint with the State Attorney General Consumer Protection division and notify them of this fraudulent action.

 

You could also file suit against Direct TV in small claims court to recover the additional amount paid as well as the costs of the suit.

 

 

Thanks.

Matt

 

 

 

I hope you have a better understanding of your legal issue as a result of my comments. I am sorry if the answer is not what you would prefer, but as you know, sometimes the correct answer is good news, other times bad. If the information given in fact answered your question please click the GREEN "ACCEPT" button NOW, so that I receive credit for my work. If you need additional clarification on this question, don't hesitate to click "Reply" and I will be happy to help you. Please give me as much detail as you can so that I can respond after receiving all the relevant details. If you need any assistance in the future with additional questions, you may request me personally by putting my name in the subject line.

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Expert: Matt
Pos. Feedback: 99.1 %
Accepts: 
Answered: 11/5/2009

Attorney

9 years experience in real estate, estate planning, and criminal law

16 days and 9 hours ago.

Reply

What really ticks me off is the way they talk to and treated my fiance over the matter as well as taken funds out without approval. Would we have grounds for a civil lawsuit against Direct tv as well?

Posted by Matt 16 days and 8 hours ago.

Answer

If you can show that they do this on a regular basis, you could potentially have the makings of a class action suit. If you had additional damages that you could prove, you can recover those as well in any suit. Unfortunately, being a jerk when collecting a bill is not actionable.

 

 

 

Thanks.

Matt

 

 

 

I hope you have a better understanding of your legal issue as a result of my comments. I am sorry if the answer is not what you would prefer, but as you know, sometimes the correct answer is good news, other times bad. If the information given in fact answered your question please click the GREEN "ACCEPT" button NOW, so that I receive credit for my work. If you need additional clarification on this question, don't hesitate to click "Reply" and I will be happy to help you. Please give me as much detail as you can so that I can respond after receiving all the relevant details. If you need any assistance in the future with additional questions, you may request me personally by putting my name in the subject line.

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