Legal Question in Business Law in Minnesota

Electronic checks

I wrote a check to a local restaraunt here in minnesota that was processed the next morning as an electronic check without my consent. Because of low funds in the account due to a late direct deposit, I have two overdraft fees. I recentlly read in the newspaper that there is a federal law that states that a buisness must either post a sign in their store or give you a written notice that your check will be processed electronically. Is this true and how should I go about disputing this? I feel it is unfair to not have a choice over weather my check is really a check or not.

Thank you for your time.


Asked on 6/10/02, 5:03 pm

1 Answer from Attorneys
David Kelly-952-544-6356 Kelly Law Office

Re: Electronic checks

This stuff is new and I don't know the answer, but I bet you are on to something. I find it hard to believe that you are not right and that what they did was O. K.

I expect you can get your question answered by calling the Minnesota Department of Commerce, Banking Division. The number there is 651-296-2135 or 800-657-3978. This agency regulates "depository financial institutions" and "consumer credit licenses." Someone there knows the answer to your questions.

In my old age I don't claim to know everything, but I usually know who to call.

This response is for informational purposes only and does not create an attorney-client relationship. You are advised to consult the attorney of your choice concerning the details of your case.

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Answered on 6/11/02, 10:47 am


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