Can I hold a company responsible for overdraft fees incurred due to unauthorized charges to my account?

I signed up for a free 30 day trial of a streaming video service from Amazon. My account was supposed to be charged the membership fee at the end of the trial. However, I was charged 2 days later and told it was because I had a free trial last year. I was not warned that my account was ineligible when signing up. I incurred 2 overdraft fees as a result of $35 each, 1 for the membership fee itself. I feel they broke our agreement by charging my account prior to the agreed upon date. My membership fee is being refunded but will take a few days. Can I make them pay my overdraft fees?.

Asked on July 11, 2012 under Business Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If a company debited your bank account improperly resulting in you being charged overdraft fees, under the laws of all states in this country the over draft fees are resulting damages that you are entitled to have paid by the company who started the initial charge.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.