Can acompany charge a monthly service to a credit card that is not in the name of the account holder?

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Can acompany charge a monthly service to a credit card that is not in the name of the account holder?

My roommate’s grandma had a satellite service turned on for her and I used my debit card to pay the bill when I was given the money. We did this because they have no bank account. But their service was shut off and now the satellite company won’t stop taking my money. However its not my obligation to pay it; its not my account; it’snot even in my name. I just let them use my card. I wanna sue them. Can they take money from me if the card doesn’t belong to the account holder?

Asked on February 19, 2011 under Bankruptcy Law, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

No, they can not.  You used the debit card as a credit card, correct?  Ten may I suggest that you go to the bank as soon as you can and void the card you have and get a new one with a new number on it.  Once you stop the card they can not continue to charge on to it. Next, call the satellite company and ask for validation of the debt: the original contract with your name on it is really what you are interested in.  Did you allow them to charge the account every month without knowing it?  If not, then once you receive it write them a letter indicating that they have charged an account improperly and demand that they give you back the money.  Can you sue them?  Yes, as long as you are sure that you did not in some way authorize them to charge the account.  Good luck.


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