Unauthorized Debiting of Account
The plaintiffs in this class action, James and Darryl Ellis, previously filed a class action against their new mortgage servicer for making mortgage deductions on the wrong days, causing them financial difficulties and costing them overdraft fees. Now, they bring suit under the Electronic Funds Transfer Act (EFTA) against JPMorgan Chase Bank, NA, the bank that permitted the incorrect withdrawals from their account and then charged them overdraft fees.
The Uniform Commercial Code (UCC) orders that banks may only pay items, such as checks, that are properly payable from customer accounts. The complaint for this class action, however, alleges that the Huntington National Bank refused to provide the protection mandated by the UCC to one of its customers, Majestic Building Maintenance. Why? Because the customer had not purchased the bank’s fraud prevention services. The complaint says this is a violation of the anti-tying provisions of the Bank Holding Company Act (BHCA).
Trans World Entertainment Corporation runs For Your Entertainment (FYE), which sells entertainment, video, and music products; Synapse Group, Inc. is a magazine marketer. The complaint for this class action claims that the two companies partnered to charge consumers for memberships and magazine subscriptions that they had not agreed to purchase.
The complaint for this class action alleges that Cable Vision CCTV, LLC signed Plaintiff Anthony Valdez for DirecTV services, asked him for a debit card number, saying it would charge only $1, then proceeded to make over $800 of charges, overdrawing his account. The complaint claims that withdrawal of funds without written authorization is a violation of the Electronic Funds Transfer Act.
Plaintiff Louis Fisher took his car to Jacksons Car Wash and signed up for a month of car washes, paying with his debt card. But he didn’t just get charged for one month’s worth of car washes; according to the complaint for this class action, for months thereafter, he was billed for a month’s worth of car washes. The complaint claims that both that and the fact that he was never given a copy of his authorization for the first month of car washes are violations of the Electronic Fund Transfer Act (EFTA).