Debit card charged without permission & overdrew my account!

Get credit card fraud help: For victims of credit card fraud and identity theft, and those that can help.
13 posts
jeffysdad
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Postby jeffysdad » Tue Apr 17, 2012 3:49 pm

Hate debit cards for this reason. NEVER use them. Sorry about your trouble.
American Express: Blue Cash Preferred (groceries, 6%; gas, department store, 3%); Gold Delta SkyMiles (Delta Air Lines, 2 miles/dollar, free checked bag).
US Bank: Cash+ (utilities, phone, internet, restaurant, 5%; drugstores, 2%).
FIA Card Services: Fidelity Amex (everything, 2%); Fidelity Visa (everything, 1.5%).
Chase: Freedom (rotating, 5%); Amazon (Amazon.com, 3%); PriorityClub (IHG hotels, 5 points/dollar); Sapphire (not in use).

*All cards are registered with PriorityClub IDine program for 8 points/dollar at participating restaurants.


Celestine
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Postby Celestine » Tue Apr 17, 2012 7:00 pm

muttmeg wrote:I was trying to make a purchase on-line, hoping my paycheck had hit and cleared into my bank. The purchase was declined. I shrugged it off, planning on coming back in a few days to make the purchase which was a fairly large amount, to be made in 3 monthly payments originally.

4 days later, I discover my bank account is wiped out because the vendor ran the debit card again (even though it was PayPal) without my consent. It wiped me out because they debited the whole amount for the product, not the payment plan amount. I've had many overdrafts from all my auto debits, charges from my creditors, at risk of losing my life insurance/auto insurance, furnishings I have in a storage, and several other critical things.

It has taken me 12 days to finally get a response. I have a phone appt today. I need to know if charging my debit card the second time without my permission was legal. I want to have some leverage to insist on having them pay, at least for all of these late and overdraft charges they caused.

I hope I hear back soon from somebody. :mad:


First off, I am not a lawyer so this is just an opinion... When a purchase is declined, that means you have yet to purchase that product(s). The merchant is not authorized to charge the card, any card, that you use that was declined; unless of course this is one of those utility bills but for shopping online as far as I know they can't charge you if the payment did not went through.

Like JCarter told you, the merchant did seem to commit fraud by charging the debit card you used the second time without your authorization.

During the shopping checkout page, were there any "cancel"/"clear cart" button on the shopping cart or did you cancel the transaction when the debit card payment was denied? Even if an online shopper left something in the cart, merchants are not allowed to charge the customer without authorization.
"Nearly all men can handle adversity, but if you really want to test a man's character - give him power." - Abraham Lincoln

bmw1990Z
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Postby bmw1990Z » Tue Apr 17, 2012 9:56 pm

i agree with jeffys dad...stopped using them after someone at an airport starbucks scanned the code off mine and sold it to someone in europe...bank couldn't get back 100% of stolen funds.
Cards in my wallet:
-Citi Forward Card for College Students-July 2011
-American Express Platinum Delta Skymiles--July 2013

JCarter
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Postby JCarter » Wed Apr 18, 2012 3:39 pm

Celestine wrote:First off, I am not a lawyer so this is just an opinion... When a purchase is declined, that means you have yet to purchase that product(s). The merchant is not authorized to charge the card, any card, that you use that was declined; unless of course this is one of those utility bills but for shopping online as far as I know they can't charge you if the payment did not went through.

Like JCarter told you, the merchant did seem to commit fraud by charging the debit card you used the second time without your authorization.

During the shopping checkout page, were there any "cancel"/"clear cart" button on the shopping cart or did you cancel the transaction when the debit card payment was denied? Even if an online shopper left something in the cart, merchants are not allowed to charge the customer without authorization.


It wouldn't matter if s/he cleared the cart or not. The merchant no longer has express authorization to re-run the transaction much less authorization to run a transaction for a different amount than what is agreed upon to begin with.

JCarter
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Postby JCarter » Wed Apr 18, 2012 3:40 pm

bmw1990Z wrote:i agree with jeffys dad...stopped using them after someone at an airport starbucks scanned the code off mine and sold it to someone in europe...bank couldn't get back 100% of stolen funds.


You're only responsible for the first $50. Use it as "credit" and not pin entry "debit" and you'll be just fine.


jeffysdad
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Postby jeffysdad » Wed Apr 18, 2012 4:24 pm

With a debit card once they have your money (which is immediately), they have your money; maybe you'll get it back and maybe you won't. With a credit card you have time to dispute the charge and get to hold on to your money until the dispute is resolved. There is no way that debit cards can offer the same security that credit cards do.
American Express: Blue Cash Preferred (groceries, 6%; gas, department store, 3%); Gold Delta SkyMiles (Delta Air Lines, 2 miles/dollar, free checked bag).
US Bank: Cash+ (utilities, phone, internet, restaurant, 5%; drugstores, 2%).
FIA Card Services: Fidelity Amex (everything, 2%); Fidelity Visa (everything, 1.5%).
Chase: Freedom (rotating, 5%); Amazon (Amazon.com, 3%); PriorityClub (IHG hotels, 5 points/dollar); Sapphire (not in use).

*All cards are registered with PriorityClub IDine program for 8 points/dollar at participating restaurants.

FutureBillionaire
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Postby FutureBillionaire » Wed Apr 18, 2012 8:27 pm

I haven't used my debit/check card in years. All credit over here for reasons like the one listed above.
Gas: Discover It, Penfed Platinum Rewards x2, Chase freedom, Citi TYP
Plane tickets: CSP
Groceries: AMEX BCP, Penfed Platinum Rewards,Citi TYP
Clothes: Express, Amex BCP, Discover IT
Amazon: Citi Forward, Cash +
Restaurants: Citi Forward, Chase Freedom, Discover IT, CSP
Hotels and other travel: Discover Escape, CSP
Movies: BofA travel rewards visa signature(fandango), Discover IT, Citi Forward, Freedom
Bars, clubs, tomfoolery: CSP, Citi Forward, Discover IT, Freedom
Balance transfers: Kroger 123 rewards
Bill Pay: Chase Ink Plus, Citi Forward
Everyday spending: Bofa Accelerated cash rewards amex, Discover Escape

Celestine
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Postby Celestine » Wed Apr 18, 2012 8:54 pm

JCarter wrote:It wouldn't matter if s/he cleared the cart or not. The merchant no longer has express authorization to re-run the transaction much less authorization to run a transaction for a different amount than what is agreed upon to begin with.


You are right. That is why.... "Even if an online shopper left something in the cart, merchants are not allowed to charge the customer without authorization. "
"Nearly all men can handle adversity, but if you really want to test a man's character - give him power." - Abraham Lincoln


JCarter
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Postby JCarter » Wed Apr 18, 2012 11:17 pm

jeffysdad wrote:With a debit card once they have your money (which is immediately), they have your money; maybe you'll get it back and maybe you won't. With a credit card you have time to dispute the charge and get to hold on to your money until the dispute is resolved. There is no way that debit cards can offer the same security that credit cards do.


Utilizing the "credit" feature at a POS transaction provides the same protections as a credit card. Since there is no way to distinguish online a debit from credit transaction, this does not apply there.


JCarter
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Postby JCarter » Wed Apr 18, 2012 11:18 pm

Celestine wrote:You are right. That is why.... "Even if an online shopper left something in the cart, merchants are not allowed to charge the customer without authorization. "


My apologies. I read this too quickly, and posted without fully taking in your statement.


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