Legal Question in Credit and Debt Law in Ohio
Can a business keep a bankcard on file and use it without consent
Can a business with no written or expressed consent keep a personal bank card on file and then use that card to collect a past due debt when there is no judgement or court order involved.
1 Answer from Attorneys
Re: Can a business keep a bankcard on file and use it without consent
The business may be able to do this. It depends on what was in the contract you signed with the business. Many businesses, such as Blockbuster for instance, have a clause that states they may charge the card they have on file for you to cover any late payments or past debts. You usually don't realize you are agreeing to this because the language is buried in fine print.
Look at any papers you may have signed or received from the business, especially any relating to your bank card, and see if there is any language about when the business can charge your card. If not, or if you are unsure what the language means, contact a lawyer and have him or her see what the contract says and what if anything can be done.
If you have any further questions, feel free to contact me.