Legal Question in Credit and Debt Law in Pennsylvania

I get meds from Aetna RX ( my health insurance) For 4 years I have been ordering 3 perscriptions and getting billed. 3 months ago, they told me they can't bill me anymore and I need to pay up front. Unable to pay for all 3, I ordered one med and they told me I can do a electronic check payment over the phone, a one time authorization payment.I made it clear this was a one time authorization. I gave them my check number and routing number for the one only purchase and I recieved meds. I didn't authorize anymore to deducted in the future nor for them to keep my bank info on file. On Jan 16th I recieved a call from Aetna RX that my doctor sent refills and ordered for me. I told the rep I didn't order, she said "should I ship or not" and I said " Are you going to bill me?" she replied "Yes" I asked again one final time and told her "ship meds if I I will be billed for meds" she again replied " You will get billed for them" So they shipped them last week, and arrived Jan 26. Today (Jan 27) I look at my bank account and they, without my permission or authorization, dedcucted the amount out of my checking account. I immediatly called them and told I did not authorize that transaction, and they tried to say,"according to there records I did" That is simply not true. They do not have written or verbal consent to deduct anything from my account and certainly not for this purchase. I am demanding they put those funds back into my account. If they refuse, what course of legal action can I take. I will file complaints with Federal Trade Commission and Pennsylvania Attorney General office for starters. Can I seek punitive damages for illegally removing funds from my account without authorization? How should I proceed? Please advise. Sincerely James Fleming


Asked on 1/27/15, 4:40 pm

1 Answer from Attorneys

No you cannot seek punitive damages.

Try disputing this charge with your bank immediately as well as with the company.

In the future, you pay by credit card, not with a check. Once the company has your routing and bank account information they can raid your account.

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Answered on 1/28/15, 2:13 pm


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