How can i get my money back a business that over drafted my account?

I signed up for cable as a new customer recently and agreed to pay the $100 security deposit. Promptly after checking out, I looked at my bank account and there were 2 $100 charges on my account from 2 different cable company areas. By pulling out the extra $100 they also over drafted my account. I chatted with an agent who stated that if there was an extra $100 pulled out then they would credit it to my account but that they would not pay for the overdraft fee. I now have an $100 credit on my account but I didn’t agree to them pulling that extra $100. Am I within my rights by asking them to return the $100 and reimburse me for the $36 overdraft fee that they caused. If so, how could I go about this?

Asked on September 7, 2016 under Business Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, you are within your rights to insist on the return of the $100 (not a credit; you can agree to a credit, but are not required to accept it) and the overdraft fee, which they are liable, or legally responsible for, because they had no right to do what they did. That said, there is no good way to get the money but by suing; and if you sue, even in small claims court, you'll have to give up at least a day of your time and pay a filing fee, which you may or may not get back, even if you represent yourself "pro se" (as your own attorney). Sometimes, you may have to accept the loss, because there is no practical route to compensation.

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