A few months ago after loosing my job, I switched most of my auto pay bills to mine and my husband's joint account. I missed like 3 things which included a magazine subscription. I have always rejected overdraft protection (and have confirmation from the bank of that fact) they covered the payments anyway and charged me an exuberant amount in fees. They claimed that some overdraft isn't optional... including auto pay items. I had never been informed of this and was actually told by the bank 2 years ago that under no circumstance would I ever be charged an overdraft fee. Now they claim I was informed of the rules but I wasn't. I asked them to send me the paperwork showing where I agreed to it. The overdraft rule they speak of only appears on one document which clearly has a space for the customer to sign it. They sent me a copy of the document but it's blank. They refuse the discuss this with me any further and can't present the document with my signature on it. Now my account shows "pending close". they charged me a maintenance fee for the exact about that was left in there leaving me with zero balance and then closed the account without notifying me and without me asking them to.
And now you have learned a hard lesson about letting people have access to your account 'for your convenience'.
I have NEVER seen such an arrangement that didn't include language that the bank, at its option, can allow the withdrawal even if it results in an overdraft.
Overdraft protection for checks and debit cards is different from automatic withdrawals.
You might want to consult with a local consumer protection attorney to explore your options at this point.
This reply is made in response to a question posted on a public message board. This response is for general information only. This response does not create an attorney-client relationship. You have not hired the responding attorney and the responding attorney has not agreed to represent you.
If you are convinced of the correctness of your position, and it is worth it to you to incur the expense, you can take your documentation to an attorney of your choice in your area for a consultation to fully explore your options.
Your situation may however be one where the cost of being right far exceeds the cost of simply resolving the matter and no longer doing business with that entity.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline