Can a business take money from your bank account and then refund the money but not the fees that you were charged?

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Can a business take money from your bank account and then refund the money but not the fees that you were charged?

I have an per month bill that I have coming out on a credit card. I don’t have the money on my primary account, so I changed the card to my secondary bank account. The company still took the money off the primary account. I contacted them and they refunded the $15 but are telling me that if I want the $64 in NSF fees they caused to call my lawyer. Can they do this or are they required to pay the fees?

Asked on January 14, 2012 under Bankruptcy Law, Indiana

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the credit card company improperly took money out of your bank account resulting in a $64.00 in charges for having insufficient funds, was the credit card company allowed by you to withdraw the funds from your account. If so, then the credit card company should not be responsible for the $64.00 fee for insufficient funds in that account.

However, if the credit card company was not authorized by you to pull funds from your account, then the credit card company is responsible for returning you the $64.00 amount. If the credit card company refuses to pay the fees that you are writing about, your recourse would be small claims court.


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