Legal Question in Consumer Law in Michigan

Electronic Debits

I have a problem. I initally gave a fitness clud permission electronically debit their payment from my checking account. I was having financial trouble, so I called them and asked, on several occassions for them to stop the debit. To make a long story short, they continued to make attempts to try and debit the money from my checking account to the tune of $535 in bounced fees. They will not stop trying until the next due date. Do I have a case to sue them for the bounced check fees?


Asked on 6/11/08, 3:07 pm

1 Answer from Attorneys
Audra Arndt Audra A. Arndt & Associates, PLLC

Re: Electronic Debits

Get a letter out to the fitness club immediately notifying them they do NOT have permission to withdraw any further funds. Notify your bank that unauthorized withdrawals have been taking place.

If you can PROVE you told the Club on X date to stop the autowithdrawals (such as a letter with a fax confirmation), and they had sufficient notice to stop (such as 48 hours), and still withdrew money, causing you to have insufficient funds, you may have recourse against them, such as for recovery of bounced check fees, other fees, and lost interest.

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Answered on 6/11/08, 7:09 pm


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