Legal Question in Consumer Law in Virginia

Unauthorized debit to bank card

On January 4, 2001 a company took a $97 unauthorized debit from my checking account through my bank card. I contacted the company and they said they did not do it. Upon going to the bank I faxed them a copy of the transaction and they then admitted it was a computer glitch and that I would have my money in 11 to 17 business days. I have contacted them numerous times since that date. It is now April 3, 2001 and I contacted them again. They told me this time they had switched processing companies and told me again that they had no proof that I had the amount stated withdrawn from my account. My wife faxed them another copy of the transaction and they are saying it will be another five months before I recieve a refund of the money. Is there anything I can do to them legally, and if I can, then what am I allowed to sue for as far as damages.


Asked on 4/03/01, 5:28 pm

1 Answer from Attorneys
Daniel Hawes Hawes & Associates

Re: Unauthorized debit to bank card

The simple answer is "yes".

As to whether or not there's evidence that money was taken, I'd think you'd have gotten a statement from your bank by now showing the debit.

You never said who got the money. The recipient said they didn't do it, but did the bank actually pay it? Where's the money now?

You're entitled to recovery of the money plus interest from the date of the unauthorized withdrawal to be paid to you by the bank, since you alerted them promptly with a written communication.

If there was any fraudulent, deceptive, or misleading act involved, the consumer protection act may apply as well. Banks are exempt to the extent that the aspect of the transaction complained of is separately regulated. There's a $500 minimum statutory damage award in a successful consumer protection case, if the actual damages are less than $500.

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Answered on 6/06/01, 6:59 am


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