Legal Question in Business Law in California

Is it legal for t mobile to take funds on my account? I used to have a cell phone account with t mobile and I set it up for easy pay. I canceled my service last January 2015. I still have a remaining balance of $386 and they deduct it to my checking account this march 2015. I called t mobile to give me a refund and set up a payment plan. The manager told me my request will be denied. I ask the manager for a legal disclosure stating that when the account is canceled, they can still deduct the funds though easy pay. She said yes and will send me an email for the disclosure. The disclosure did not state anything that they can deduct funds with easy pay with canceled account. What should I do at this point?


Asked on 3/12/15, 6:34 pm

1 Answer from Attorneys
Keith E. Cooper Keith E. Cooper, Esq.

Here is a general answer, which applies to most merchants that take automatic payments: Look at the easy pay terms you agreed to when you signed up for easy pay. Usually, it says they can have access to your account until you notify them to cancel easy pay. Unfortunately, some people forget to cancel the easy pay when they cancel their accounts, so payments continue to be withdrawn unless a clerk at the company notices and cancels the withdrawals. However, if they have withdrawn money you didn't owe them, you can demand that it be returned and take them to small claims court to get it back, if they refuse.

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Answered on 3/16/15, 5:45 pm


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