RR Conductor
RailRoadDude
Premium
join:2002-04-02
Redwood Valley, CA
 ·Comcast
| reply to panth1
Re: Illegally taking funds ...again?!?
Nah, Judge Wapner would out gavel her no prob' 
[text was edited by author 2003-07-16 21:01:21] |
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panth1
The Coyote
join:2000-12-11
Boca Raton, FL | reply to jediman
YES!!!.. do it! |
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RoacHJumper
join:2003-06-22
Moscow, PA | reply to BurntCricket
I think we should let Judge Judy deceide. |
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BurntCricket
Gotta Do What Ya Gotta Do
Premium
join:2000-09-02
Here
clubs: | reply to jediman
I think there are a few people that need to change banks.
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Everything is relative and subjective. |
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carp
join:2002-10-30
clubs:
·RoadRunner Cable
| reply to mystery45
Sure they can, not legal, but they can. So can an average Joe off the street. I went to the bank one time, gavethem my checking account number, told them I needed a draft for $XX dollars and they gave it to me. No ID check, no nothing. This was not my branch and it was probably 2 or three years since I set foot in a bank. They did not know me from Adam. |
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forn1x
Lag Is Fun
join:2002-05-08
Richmond, KY | reply to jediman
Kicked adelphia's ass. Go you!
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Wewt! 28.8k what!? |
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RR Conductor
RailRoadDude
Premium
join:2002-04-02
Redwood Valley, CA | reply to jpzippo
"Companies do not go into customers checking account without their customers permission"
In a perfect world, no, but it happens in this one. If it didn't, card companies and banks wouldn't need fraud departments. |
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kfsutops
Premium
join:2002-08-19
Brandon, FL
clubs:
| reply to ErikO
said by ErikO  :
Does anyone here use an American Express Corporate card? They just started doing the same thing a few months ago. You write them a check, they use the routing and account number to withdraw the funds directly, and then destroy the check. They don't need explicit authorization to do this, because the funds begin and end out of the same account. Nothing illegal here.
I actually think he/she is talking about a different situation all together. A lot of online banking companies never actually send checks either, they just do transfers without the customer ever knowing.
My understanding is that he is receiving a bill, possibly sending a check in, and all the while Adelphia "supposedly" is taking the funds also automatically. Maybe this is not the case, maybe they are just withdrawing the funds without his knowledge. I for one doubt that Adelphia is doing this without his authorization. This dude probably signed something authorizing it without even knowing it (if it happens). How many people actually read the small print.
I also feel there is more to the story than being told. I for one love nothing more than bashing Adelphia any chance I get. The regular here definitely would agree. But I also know that companies can't just "take" funds out of your bank without some type of written (or verbal, usually recorded) authorization. It would be illegal for them to do otherwise. Does the terms "stealing, wire fraud" sound familiar? I would hope that Adelphia would have something in place to prevent this, but I'm quite never surprised at would comes out of Adelphia.
This thread has really become pointless. Call Adelphia, if they don't take care of it. Call your bank. Simple.
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Just glad to be away from Adelphia. |
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chanur
Premium
join:2001-02-26
Colorado Springs, CO | reply to chanur
Ooops, I responded to dsless when I thought it was jediman making the comment. My bad.
Any event, good luck w/ your lawyer. |
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Loco
Premium
join:2002-11-09
So Cal
·RoadRunner Cable
| reply to jediman
said by jediman :
If i have to go door to door to get people to go to court with me, so be it, but these are the last days of Adelphia in my town >:)
Bah! ...thanks for the laugh.
...& please do come back & let us know how many doors get slammed shut in you face.
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 Powered By : Adelphia PowerLink & Verizon Online :D |
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dsless
join:2001-05-16
Pittsburgh, PA | reply to ErikO
Re: Illegally taking funds ...again?!?
I have corporate card and just pay my bill online. Never send them a check. |
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ErikO
Earache My Eye
join:2001-03-22
Cleveland, OH
| reply to jediman
Does anyone here use an American Express Corporate card? They just started doing the same thing a few months ago. You write them a check, they use the routing and account number to withdraw the funds directly, and then destroy the check. They don't need explicit authorization to do this, because the funds begin and end out of the same account. Nothing illegal here.
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Livin' the broadband dream! |
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mystery45
join:2001-06-13
Titusville, FL
| reply to jediman
I have to agree no business can take your money unless you consent for it. but at the same time you still owe them the money so they give you back the 45 bucks or whatever you just have to turn around and pay them again. if you are writing double checks they you should be getting credit on your account for it or refunded the money. but they would not pull the money unless someone gave them authorization to do so. and the only way the could do it is if someone gave them your bank account number. and that is a different issue. anyway back to work. |
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jpzippo
Help Someone Today
Premium
join:2003-02-26
Bethany, CT
clubs:
| reply to jediman
Companies do not go into customers checking account without their customers permission. Someone signed you up, either in your house or not, maybe like identity theft but that seems far feched. Why would Adelphia choose you to harass, it makes no sense. Just my $.02 |
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jediman
join:2002-06-27
Merrimack, NH
| reply to jediman
First off, I dont use autopay, dont use online bill paying, period. They are the only people i need to send a check to to pay, and thats teh only way they are allowed to have my money!
Last time they couldnt provide ANY info or any proof that I authorized the auto pay in any way shape or form, and also refused to refund my money. And Im not late with payments either. So the thing is, yes, they have done it again, and yes it is illegal, since I know that when i call tonight, they wont have any sort of proof. So then, after having actually spoken with an attorney on this once before, if they cannot provide the information/proof , and refuse to give back the money and suck it up, then yes, I am entitled to sue their arses off. Sure it would take some time, but hell, I really dont wanna spend time in court nor the money. Id really rather get the $ back, tell them to FOAD, and switch providers...if i could  |
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chanur
Premium
join:2001-02-26
Colorado Springs, CO
| reply to dsless
said by dsless :
Actually I do send my payments via checkfree corp. They are all elctronic. I just making my case simple.
[text was edited by author 2003-07-14 18:54:00]
Equal or better chance it's a checkfree problem... good place to start.
Meeble - you are 100% correct. Most people do not have the stomach for the work involved to do this, for the minimal payback. The cost in time and effort always needs to be balanced against real value. That said, sometimes it is worth it... if there is even a case to be brought. Many people want to sue when they don't have grounds for it.
If it "continued" to happen, as a next step I would suggest involving someone like Tom Martino, a consumer advocate who lives for this kind of stuff, particularly at the level where it's extremely irritating but not high profile enough to get most peoples attention. |
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dsless
join:2001-05-16
Pittsburgh, PA
|  reply to wwdubbia
Actually I do send my payments via checkfree corp. They are all elctronic. I just making my case simple.
[text was edited by author 2003-07-14 18:54:00] |
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Meeble
join:2002-09-19
Champaign, IL
| reply to jediman
depends on how much he spends on a lawyer and how many times he told them of the oversight and was told it was corrected. It also depends on whether he physically paid any of those months as well as their auto withdrawl - expected revenue from the loss of that extra money would then be taken into account to [even in the simplest regard interest that money could have earned could technically be added to the damages].
I'm not saying he would get rich, but there may be case for him to take up a damage case against them if he chooses so. there's far more frivilous lawsuits than this out there. |
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chanur
Premium
join:2001-02-26
Colorado Springs, CO
| reply to Meeble
said by Meeble :
if they don't have one on file with your signature authorizing that automatic debit - then my next stop that day would be the lawyer's office because those unauthorized debits are illegal and you can wrap up a pretty penny - especially if you can prove you called them and reported it.
i had this happen before and the company ended up giving me like 3 free months service [not adelphia btw] - my friend had a similar thing happen with his cell phone and they settled out of court before the trial.
I'm commenting on this because I wouldn't want jediman to have false expectations. He's not going to get rich doing this, and would be lucky to get free months. From a criminal perspective, if there are any criminal statutes being violated (wouldn't know, depends on the state unless you can find a Federal law that applies) assuming the worse and Adelphia is guilty he would get nothing but satisfaction at any fine levied (unless in the rare circumstance the state/federal law provides for some payment of damages to the consumer - but I wouldn't count on it). From a civil perspective, he would have to show damages. The most I could imagine is him writing a check in conjunction with the automatic debit, causing checks to bounce... he might recover something, minimally, there.
The danger in apply any other person's experiences is every situation is different. In your friends case, I'd bet the "settlement" was of the nature of a cease and desist... phone companies have deep lawyer pockets and wouldn't likely shell out cash unless the situation was far more egregious than this one (for example, withdrawing $10,000 from his account without authorization).
said by Meeble :
oversights happen and this is probably one, but there is still accountability to be had - especially if you called and notified of this already.
I agree in principal, in that he should be able to get this fixed. But he is not going to get rich. |
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