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CC kept on file without knowledgment

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

if this is the wrong area let me know and i will delete and repost where appropriate.


husband finds an email from our bank saying we have nsf funds and was charged a fee. we check and account shows a positive amount. so i call to figure out what happened.

bank csr explains that i had a pending payment and a check that couldn't clear. because of the pending payment the check had bounced and the nsf was incurred because there was not enough money. all the while i'm looking at my account online while on the phone and i do not see the payment that was pending clear. csr informs me that because it had been pending for an extended amount of time it had been dropped. i asked whos fault it was and she told me i would have to take it up with the company that is was for. so this is why it appeared i had sufficient funds. i do not know if the bounced check had any role on the payment being dropped.

my husband is a type 1 diabetic. our insurance requires him to get his insulin and strips through the mail from a company. instead of mailing in his prescription with his form of payment it was faxed in by his doctor. he never consented to them keeping his info on hand. we assumed the company would contact him for payment. as i looked closer at my account i realized the pharmacy company withdrew money from the account without our acknowledgment. the money they took was meant for the check that had been bounced.

is the pharmacy company responsible for the fees i incurred so far and might incur because of the bounced check? like i said before, we never consented to them keeping his CC info and just assumed they would contact him for payment this one time since it was handled differently. or should i take this as a possible $58 lesson in life?

thank you for any insight on what we can do.
 


ecmst12

Senior Member
What did the pharmacy company say when you asked them this question? They may be able to show you where you checked the box allowing them to use the card for future orders, or the company policy where they disclose they will do this. But even if they can't, it's very unlikely that you will be able to get them to reimburse you for the fees you incurred. Anything is possible, and you won't know if you don't ask, but I don't think they will be legally obligated to pay the fees.
 
thanks for the replies. husband said he would call but decided not to. he doesn't want to bother with it but will try to see if they can delete his info that they have on file.

luckily when my husband called the medical office to pay over the phone for the bounced check they were compassionate enough not to charge us a fee for the returned check. so $33 isn't too bad i guess.
 

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