multiple unauthorized withdrawals from bank acct.

[Janet P]

What recourse do I have against Comcast@home for multiple episodes of unauthorized debits to my checking account? They are allowed to take only $40.08 a month, but on 4 separate occasions they have taken hundreds out "by accident". Each time I receive a refund of all monies but ,shame on me, it happened again.(grand total of damages over $2800) If I take money from somebody without permission , it's theft! What is it if a big corp. takes it from a consumer?? At this point I wish to pursue legal action but am unsure of how to handle this. The amount is usually refunded in approx. one month after discovery (on my part,) but I feel damages are in order. Is this a small claims issue for theft- or harassment or breach of contract? Is it possible to recover damages for this type of insult?

 

[I AM ALWAYS LIABLE]

What recourse do I have against Comcast@home for multiple episodes of unauthorized debits to my checking account? They are allowed to take only $40.08 a month, but on 4 separate occasions they have taken hundreds out "by accident". Each time I receive a refund of all monies but ,shame on me, it happened again.(grand total of damages over $2800) If I take money from somebody without permission , it's theft! What is it if a big corp. takes it from a consumer?? At this point I wish to pursue legal action but am unsure of how to handle this. The amount is usually refunded in approx. one month after discovery (on my part,) but I feel damages are in order. Is this a small claims issue for theft- or harassment or breach of contract? Is it possible to recover damages for this type of insult?

My response:

Yes, this is a Small Claims matter. Each instance that they do this to you is a separate, actionable, breach of the contract. You are entitled to interest at your States' legal rate during the time they have possession of your money. You would also be entitled to your filing fee, court costs, and collection fees.

IAAL