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Old 09-24-2009, 09:33 PM
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Regulation E question


What is the name of your state (only U.S. law)? Louisiana

A payroll direct deposit was "set up" to deposit into my checking account and has been processing correctly for almost a year. Last week, the paying company deposited a paycheck and then 7 days later, DEBITED it back out of my account without any notification. Due to this error, my checking account has racked up a whopping $279 in overdraft fees. (I was expecting the paycheck, recieved the paycheck, spent part of the paycheck, the paycheck was debited out, account became overdrawn...) Here's the kicker: I never signed a direct deposit authorization form. EVER. never saw one. never signed one. Actually, the authrization form was signed by my boyfriend who is NOT a signer on my bank account, thus is void. I first attemped to contact the paying company to get them to claim responsibility for the mistake and pay the bank fees. They point their finger at the bank. I contacted the bank. They point their finger at the paying company. After reviewing regulation e, I am fairly positive that under article 205.10 (b) that the bank is responsible for ever allowing the direct depsit to occur in the first place, and thus, should be responsible for refunding the overdraft fees resulting from this occurance.

"(b) Written authorization for preauthorized transfers from consumer's account. Preauthorized electronic fund transfers from a consumer's account may be authorized only by a writing signed or similarly authenticated by the consumer. The person that obtains the authorization shall provide a copy to the consumer."

So, here I am with a hugely negative checking account and no one is willing to take accountability for it. Can I legally hold the paying company responsible? Or the bank? Help!

TIA
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