Legal Question in Credit and Debt Law in California

unauthorized debits to bank account

I have an overdue account with Discover. Discover, without my permission, debited my checking account for $306. I discovered this when I received a letter from Discover, ''confirming'' a telephone conversation that never took place, wherein I authorized Discover to debit the account. I have called my bank and am working with them to get my account credited back. I am wondering what other recourse I have against Discover. This seems like theft, and I am wondering if this is illegal, or considered standard practice. What legal or monetary recourse do I have against Discover?


Asked on 4/16/04, 5:40 pm

1 Answer from Attorneys

Sheldon G. Bardach Law Offices of Sheldon G. Bardach

Re: unauthorized debits to bank account

It is, actually, a number of things. Theft, a crime, and tortious behavior for which you are entitled to damages, including, punitive damages, fraud, conversion, etc.

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Answered on 4/17/04, 11:44 am


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