Legal Question in Consumer Law in Texas

Unauthorized ACH Withdrawl

A customer at the bank I use set up automatic payment with AT & T. They inadvertently used my bank account # which is similar to there's. 3 withdrawls were made from my account. The bank will only return 2 stating that AT & T won't refund them because the transaction is too old. Whose responsibility is this ? It is my contention that the bank is responsible for not verifying the account name before allowing the withdrawls to be made. If AT & T won't refund, shouldn't the bank request restitution from the customer whose account should have been debited ?

Asked on 6/01/07, 2:24 pm

1 Answer from Attorneys

Peter Bradie Bradie, Bradie & Bradie
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Re: Unauthorized ACH Withdrawl

You will have to ask the bank's customer for restitution if they used the wrong number. If the bank entered the wrong number you may have a shot at the bank.

You are responsible for checking your account activity within 60 days from the date of your first statement that has the error.

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6/01/07, 6:00 pm

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