Legal Question in Credit and Debt Law in Virginia

Unauthorized electronic check use

My fiance and I had cell phones through Sprint and in the past my fiance would call in and have them take the bill out of his checking account over the phone. Sprint had a record of his account numbers and all the information to complete this, but his account was NOT set up to do this monthly. We encountered some money problems and had to let the cell phones be cut off for awhile. When we were ready to have them turned back on I called and the gentleman I spoke with said he gave is some temporary credits and our service was reactivated and we had 10 days to pay the bill. In a few days I called and the company said that we did not owe anything..that a check was sent through for the balance of 340.00 plus or minus. My fiance nor myself gave anyone permission to process a check electronically. The account had been closed for a few months at the time since he opened a new account through his credit union. Is it illegal for the company to do this with out his permission? And if so what are our options about dealing with this? Since the check came back acct closed out phones have been cut off and we dont want them reconnected, but we dont feel it was right that his account was used without his permission. Thanks.


Asked on 10/27/06, 1:27 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Unauthorized electronic check use

So what, if Sprint attempted to debit your fiance's account after it had been closed. Apparently, no funds ever changed hands and, therefore, one must ask how has he been damaged?

And, no, the attempted transaction was certainly

not illegal since your fiance had apparently provided his account number to the phone company

to pay for phone service.

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Answered on 10/28/06, 10:03 am


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