Verizon took unauthorized large sum of money from direct withdraw without notice.

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Verizon took unauthorized large sum of money from direct withdraw without notice.

I have auto bank withdraw set up with Verizon Wireless to take out a routine monthly bill. Several months ago, Verizon withdrew almost an extra 500 from my checking account without informing me or getting my permission. I even had to withdraw some retirement money to cover my bills because of the unexpected lack of funds in my bank account. After constant contact with CS at Verizon and some broken promises from Verizon, I have gotten back some of my money but not all. Is this legal what they are doing? Wrongfully taking large amounts of money out of my account? They claim it was done for a replacement phone I never received and they claim to have recognized their error, but still did nothing until I constantly complained. This just doesn’t seem right to place someone under financial hardship with out notice or just cause?

Asked on April 14, 2017 under Business Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

First, they cannot directly withdraw money except as  authorized by you, so if the terms under which you let them withdraw money only allowed them to withdraw for the regular monthly charges, not for a replacent phone, they could not do this. Review the terms of the agreement(s) or document(s) by which you authorized them to make withdrawals.
Second, even if they could withdraw for a replacement phone, clearly, they could only do so if 1) you requested one; and 2) you actually received it--they cannot unilaterally decide to send you a new phone and charge you for it without your consent, and they cannot charge you for something you did not receive.
If the charge was improper under one or more of the above, which seems to have effectively been acknowledged by them since they returned some of your money, they should have returned *all* of your money. If not, you could sue them (e.g. in small claims court) for the balance.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption