Is it illegal to bill a credit card without the person’s permission?

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Is it illegal to bill a credit card without the person’s permission?

An attorney I used a few years ago to do my divorce kept credit card information on file which I know is not illegal; however they went ahead and billed the current service I asked them to do without my permission. This was a new service that I had asked them to do and it was 2 years after the divorce was finalized so it was not even a continuation of the same service. Is this illegal and if so what are my options as far as pursuing legal ramifications?

Asked on February 3, 2012 under Bankruptcy Law, Colorado

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Illegal may not be the word. Improper it probably is.   You signed a new retainer for the new services to be rendered, correct?  The call them and let them know that they were not authorized to charge the card. If you want you can go so far as to call the credit card company to dispute the charge, although I think that when you emplain this to the attorney using the right words he or she will issue a credit to the account. But make sure that you get a look at that agreement and that you didn't agree to the retainer charge with out noticing it.  Be calm. It will work itself out.  Good luck. 


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