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On my Mastercard debit card with KeyBank they had a feature…

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On my Mastercard debit card...
On my Mastercard debit card with KeyBank they had a feature called Automatic Billing Updater which I was not informed about and could not find in the original account agreement. When my card was replaced November 2016, two businesses who I had autopay with got my new card information and continued to bill me without my knowledge. I did not cancel directly with the businesses because I thought by not providing them my new card information they would not be able to bill me. I had no knowledge of the Mastercard Automatic Billing Updater. The bankd and businesses refunded some though I'm still out several hundred dollars. I think the bank is liable because they did not inform me of this "feature" and so I want to know how to recover the rest of the money, such as through small claims court. So from November 2016 through August 2017 I was being billed monthly for two memberships of which I did not use at all.
Submitted: 8 months ago.Category: Consumer Protection Law
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10/3/2017
Consumer Protection Lawyer: LegalGems, Lawyer replied 8 months ago
LegalGems
LegalGems, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 13,344
Experience: Research Attorney; Private Practice; Attorney Mentor; Mediator
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Consumer Protection Lawyer: LegalGems, Lawyer replied 8 months ago

I am sorry to hear this;

the terms of the contract between the cardholder, the merchant and the consumer are governed by the terms of the contract, which are often on the application, and mailed occassionally. Continued use means acceptance so long as the customer has knowledge of the updated terms.

If the card company arbitrarily changed the terms and did not notify the cardholder, the cardholder would not be liable under a contract theory, as that requires offer, acceptance (which can be via continued use) and a meeting of the minds.

Here is the information on small claims:

http://www.atg.wa.gov/small-claims-court-0

A company can be served via their registered agent which is on file in each state they are authorized to do business in:

https://www.sos.wa.gov/

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Customer reply replied 8 months ago
Is there liability for them not informing of the Automatic Billing Updater feature, either of Mastercard or KeyBank?
Consumer Protection Lawyer: LegalGems, Lawyer replied 8 months ago

If the bank allowed an unauthorized debit/transaction they can be liable, but normally they will send a notice stating the party agrees unless they opt out.

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Consumer Protection Lawyer: LegalGems, Lawyer replied 8 months ago

Hello again; just checking in to see how things worked out;

If you have no further questions a positive rating is most appreciated (at no additional cost to you) and allows the site to credit my account for the time spent assisting you!

if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
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Customer reply replied 8 months ago
Hi there. I feel like I don't know about the liability here, shouldn't someone in this process have been obligated to inform me of the Mastercard Automatic Billing Updater? The bank issues the Debit Card which they have enrolled me in the Mastercard Automatic Billing Updater without informing me or giving me an option to.I don't think I received anything from Mastercard other than the new card which was actually sent by KeyBank, so no terms or conditions about the Automatic Billing Updater from Mastercard.The two businesses say that in their terms is says any and all cards updated on the account though nothing about a new card being obtained "behind my back", without my knowledge or consent.Neither KeyBank or the two businesses notified me in any way that my new debt card information was automatically obtained and updated by the two businesses.I also don't want to be counter sued for their legal fees if I don't win a small claims case.
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