Ohio, FirstMerit Bank, Should I sue... Can I win?

[BrettG]

I opted out of 'Overdraft Support' for FirstMerit.
But they still charge me, for overdraft.

This is the first time I have ever overdrafted with them.
I thought that since I opted out, that my Debit card would just get declined.
boy was I wrong...

Also I never received a letter stating anything, about Opting out,
I was prompted when I logged onto my online banking.
It said this
======================================
Overdraft Support

When you Opt-In for Overdraft Support, it lets us approve your everyday debit or ATM card transactions, at our discretion, even when there is not enough money in your account.

Overdraft Support Features
No fee to have Overdraft Support on your account unless you use it
No fee if you never use it
If you overdraw your account and don’t make a deposit or transfer money the same business day you’ll pay a fee each time you use your debit card without sufficient funds in your account – a small price to pay to have your everyday transactions approved and save you from public embarrassment
For more information please read What You Need to Know about Overdrafts and Overdraft Fees
Opt-In to keep this service

HERE IS A LINK TO THE NEXT PAGE
https://www.firstmeritib.com/OverdraftInformation.aspx
======================================
THEN THIS on the next page
======================================
We do not authorize and pay overdrafts for the following types of transactions unless you ask us to (see below):
ATM transactions
Everyday debit card transactions



Soooo Whats my odds of winning this?
I have heard that They wont pay an Attorney to come to the court room because the cost of the attorney would be more then what Im asking for back Which is $153.39

Also i went to the bank and I had the Bank manager, Print me out the paper and sign it, Stating that I opted out. on July 17th, before the overdraft charges went threw.


07/27/2010 FEE OVERDRAFT CHARGE $26.00
07/26/2010 DEBIT C&C NFI*findmovie.us CA $9.69
07/23/2010 FEE OVERDRAFT CHARGE $26.00
07/22/2010 DEBIT C&C CIRCLE K #5607 AKRON OH $11.16
07/22/2010 FEE OVERDRAFT CHARGE $26.00
07/21/2010 DEBIT C&C TACO BELL #4940004RAVENNA OH $1.98
07/21/2010 FEE OVERDRAFT CHARGE $26.00
07/20/2010 DEBIT C&C CIRCLE K #5607 AKRON OH $5.58
07/20/2010 FEE OVERDRAFT CHARGE $26.00
07/19/2010 DEBIT C&C TACO BELL #5050005AKRON OH $4.46
07/19/2010 DEBIT C&C CIRCLE K #5607 AKRON OH $9.82
07/19/2010 DEBIT C&C CIRCLE K #5607 AKRON OH $13.75
07/16/2010 DEBIT C&C SPEEDWAY 09715 AKRAKRON OH $5.58

Thank you for your time and for reading this.

 

[Ohiogal]

Your odds are slim.

 

[Proserpina]

Your odds are slim.

Yeah, but tacos and movies?

Cheap date

 

[justalayman]

http://www.federalreserve.gov/consumerinfo/wyntk_overdraft.htm

You choose. In the past, some banks automatically enrolled you in their standard overdraft practices for all types of transactions when you opened an account. Under the new rules, your bank must first get your permission to apply its standard overdraft practices to everyday debit card and ATM transactions before you can be charged overdraft fees. To grant this permission, you will need to respond to the notice and opt in (agree).

Existing accounts. If you do not opt in (agree), beginning August 15, 2010, your bank's standard overdraft practices won't apply to your everyday debit card and ATM transactions. These transactions typically will be declined when you don't have enough money in your account, but you will not be charged overdraft fees.

New accounts. If you open a new account on or after July 1, 2010, your bank cannot charge you overdraft fees for everyday debit card and ATM transactions unless you opt in. If you open a new account before July 1, 2010, your bank will treat you as an existing account holder: you will receive a notice about your bank's standard overdraft practices and will have to decide if you want them for everyday debit card and ATM transactions.

Flexibility. Whatever your decision, the new overdraft rules give you flexibility. If you opt in, you can cancel at any time. If you do not opt in, you can do so later.

Checks and automatic bill payments. The new rules do not cover checks or automatic bill payments that you may have set up for paying bills such as your mortgage, rent, or utilities. Your bank may still automatically enroll you in their standard overdraft practices for these types of transactions. If you do not want your bank's standard overdraft practices in these instances, talk to your bank; you may or may not have the option to cancel.

This is the first time I have ever overdrafted with them.
I thought that since I opted out, that my Debit card would just get declined.
boy was I wrong...

actually, as I read the rule, you are not wrong.


edit:
but I just read that date it starts : aug 15 2010. Well, just look at it this way, you are ahead of your time.

Due to that, you will lose. The federal rule is not applicable, yet, unless you had just opened the account since July 1

 

[Proserpina]

FRB: Consumer Information: What you Need to Know: Overdraft






actually, as I read the rule, you are not wrong.

According to that though, the new practices don't begin until Aug 15th; so would the old policy/practices still apply to transactions made before then?

 

[justalayman]

According to that though, the new practices don't begin until Aug 15th; so would the old policy/practices still apply to transactions made before then?

I read that after I posted and went back and added the the "OOPS" edit.

 

[Proserpina]

I read that after I posted and went back and added the the "OOPS" edit.

Aw you didn't OOPS so much as I did the flash-finger thing

 

[BrettG]

According to that though, the new practices don't begin until Aug 15th; so would the old policy/practices still apply to transactions made before then?

I have a piece of paper signed by one of the branch managers,
Showing that I opted out on July 17th.

Now I called the customer service hotline for FirstMerit, the guy I talked to Stated "You opted out on the 17th of July, but... it did not go into effect."
There was nothing on the website that said when it would go into affect.
Which is misleading. from what I seen and read It appeared it would go into
affect instantaneously, or within the next business day. All the Terms They
used were ambiguous.

But after the Customer service Rep told me this he said he could make it go into affect, this was on august 4th of this month. I had him do it.

When i talked to His manager, He told me that there was no way to do this,
Opt out before August 15th, And I told him that I one of his employees did this for me. he said it was impossible. But i have a paper proving it.

under contract law\Contract of Adhesion States:
If there is a dispute between the two partys and they go before a judge into some legal proceedings and it looks that the terms of the agreement are Ambiguous and unfair, The judge will rule in the favor of the party that did not draft the contract.

The reason the Contract is unfair is that the overdraft fees are being forced upon me, when i did not ask for them, And I specifically Opted out.

as of right now I am emailing them asking for Their Agent For service and Process\ this Is the banks Representative that is registered with my state Goverment and is assigned to accept paper work regarding all legal matters on behalf of the bank.

No one will tell me who he or she is at FirstMerit

I expect that they will settle out of court.


Existing accounts. If you do not opt in (agree), beginning August 15, 2010, your bank's standard overdraft practices won't apply to your everyday debit card and ATM transactions. These transactions typically will be declined when you don't have enough money in your account, but you will not be charged overdraft fees.

This should not apply to me I opted out. before the overdrafts went threw

 

[Proserpina]

The date you opted out isn't the important part here; what is important is the date the new policy goes into effect.

I expect you will either be unsuccessful, or receive what is referred to as a "go away" payment.

Good luck either way.

 

[Antigone*]

Gee I need to be talking to the president of that bank. ONLY $26

Oh one more thing. These protections will never take the place of a check register. I have always kept a check register and know where I am to the penny ~ I've never paid a fee no matter what the darn thing is.

I did recently progress into the digital age. I've taken my register digital ~ Even have an app on my phone.

 

[Antigone*]

Very important so it merits its own post:

Existing accounts. If you do not opt in (agree), beginning August 15, 2010, your bank's standard overdraft practices won't apply to your everyday debit card and ATM transactions. These transactions typically will be declined when you don't have enough money in your account, but you will not be charged overdraft fees.

The magic word has been bolded This, my friends, is the banks' out just in case things do get paid. It has been always and always will be up to the customer to know their balance and act responsibly. If they don't they will pay for it.

 

[BrettG]

Gee I need to be talking to the president of that bank. ONLY $26

I am not sure what you mean by this

 

[Antigone*]

I am not sure what you mean by this

Way below the industry norm.

 

[justalayman]

Oh one more thing. These protections will never take the place of a check register. I have always kept a check register and know where I am to the penny ~ I've never paid a fee no matter what the darn thing is.
.

a what? you do what?

I would have to guess it's been over a year since I balance my checking account last. Have no idea how much money I have in it but they keep clearing my checks so I guess there is enough.

 

[justalayman]

I am not sure what you mean by this

it was in reference to the relatively low fee you are charged for an overdraft.