What can I do if I had an unauthorized amount of money taken from my bank account by a cell phone provider?

UPDATED: Jan 22, 2015

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What can I do if I had an unauthorized amount of money taken from my bank account by a cell phone provider?

I do not have an account with them, my husband does. In the past I have given consent to him for payment arrangements on his account through my account. The last payment that was made was for $50. The company took the $617.56 from my bank account. This amount was not authorized by me nor my husband. I contacted the corporate office and they said that it was nothing that they could do because he does owe the company and that they can not discuss his account with me but yet took the funds from my account unauthorized.

Asked on January 22, 2015 under Business Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

First, check the authorizations (the terms of which) you gave the provider previously: did they include the right to take any past due amounts from your account without seeking subsequent or later authorization? If so, then the provider may have acted properly.

If you did not previously give them a blanket or long-lasting authorization to take money from your account, then you may be able to sue them to recover the money. However, bear in mind that if your husband does legitimately owe them the $617.56, then they will have a viable counterclaim against him for that amount; therefore, you may end up netting out to the same place, in that whatever they may need to replace in your account, they may get a judgment for against your husband or the two of you.

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 AttorneyPages.com 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.

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