Legal Question in Consumer Law in Florida

unauthorized transaction by Directv

Can Directv legally go into my checking account and take out money without permission? When I signed up with them I had to submit my debit card info. I canceled service in May, sent back the equipment in May. I expected to pay the disconnect fee and last months bill, on June 29th by check. When I looked up my account online they had taken $597.33 out! It made my account short, incurring fees and I am unable to make payments on time. They charged me for equipment that I had returned, (I owed $194.23). When I called they admitted to the mistake and said the money would be deposited back into my account in 3-5 days. When it wasn't I repeatedly called and emailed and they said within 10 days. On June 29th I called and they said a check would be mailed to me in 6-8 weeks! How is that fair if they took money out of my account without my permission and took way more than what was owed them! I have the FEDEX tracking numbers to prove that they received the equipment in May. I have researched on the internet and have found they have done this to other people as well. Isn't this considered stealing when someone goes into your account and just helps themselves to any amount of money without authorization? I have been so upset!


Asked on 7/15/07, 12:13 pm

2 Answers from Attorneys
Scott R. Jay Law Offices of Scott R. Jay

Re: unauthorized transaction by Directv

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

It certainly seems as if Directv has overstepped its bounds and should reimburse you immediately. Without reading their agreement with you, I cannot respond as to whether or not they have the right to get monies directly from your checking account but I would have to guess that you gave them some sort of authorization otherwise your bank should not have allowed this to happen.

You need to review your agreement and understand how this might have happened. If there is not authorization, go to your bank and demand that the monies be returned immediately. Further, Directv should be contacted and a demand be made there too but it appears that you may need to hire an attorney to write a demand letter to them to get their attention as they are not responding to you.

Scott R. Jay, Esq.

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Answered on 7/15/07, 12:31 pm
Johm Smith tom's

Re: unauthorized transaction by Directv

I agree with Mr. Jay, you should have an attorney send a letter to them. I would also like to see your agreement with them to see what other options you have.

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Answered on 7/17/07, 11:57 am


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