Legal Question in Business Law in Oklahoma
What recourse do I have against an Insurance Company that has drafted three times the approved draft premium amount for four consecetive months causing numerous overdraft charges. They will return over payments and overdraft fees. CAN I collect punitive damages?
1 Answer from Attorneys
It is our recommendation that you file a direct written depute wit your banking institution. They will give you a form if you request one. After you get this form, file a dispute for all the transactions and include dates as they are shown on your bank statements. You should also allege that these are fradulent transactions. Not only will this put the bank on notice of future unapproved transaction issues but the bank, by law, should make corrections to yourr bank account and issue you a refund immediately. Why? Because your account is insured. Afterwards, the bank will get their money back from the insurance company. Also check your account daily and keep up with all of their monthlytransactions because this is actually bank fraud. If it is too late to alert the bank for all of these transactions, take them to small claims court for remain balances and amounts, including the bank fees. Either way, you must take action immediately and in the future, try to avoid giving anyone direct availability to your bank accounts and try setting up bills to pay through the bank yourself.
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