Hi,
I'm student from Europe (now in California) - so please excuse my weak english.

A month and half ago insurance company called "E-RENTER Plan" took
money ($96) from my checking account (Bank of America). There was no
reason for it since I have NO agreement with them. As soon as I found
out what happend, I sent them email and they told me, that it was a
mistake. I just had to call them and cancel the insurance policy
(which isn't mine!!!) - they promised to give my money back.
Unfortunately, I wanted to know how they get to my bank account and
take money without my permission, so I didn't call and send another
email. They told me, that they're not going to read my emails anymore.
So I called them. First I gave them the policy number and I wanted to
cancel the policy so they told me, that my name isn't on the agreement
and I can't to cancel anything. Then I asked why they took money and
they told me, that I AM on the policy(!!!). So I wanted to cancel that
and they said "U can't - you aren't on the policy"........ Now I have
copy of the original agreement and there isn't my name. I just paid
1st payment for my friends with my personal check.

So, what happend is that they took my account information from my
personal check and after one year they went to my bank an took money
without my permission.

I wanted to ask:

a) is it a crime?
b) is there any legal way how to sue them for this? (It's not about 96
dollars, but about principles)

Thank you.

You were not very clear in your post, but from what I understand,

1) You paid the first installment on an insurance policy for a friend with a check.

2) The insurance company directly debited the second installment from
your checking account without your permission using the information
from the first check you gave them.  This is called an EFT (Electronic
Funds Transfer) or ACH (Automated Clearing House).

3) We have no idea what was signed or in the insurance
contract....There might have been something there about them
automatically pulling your payment.

If you can tell us who your bank is, (just the name no other
information is neccesary).  Someone can probably find their fraud
policy.  In most cases, you have a very short amount of time to report
the fraud.

Here is a general overview of EFT rules.
http://www.bankersonline.com/regs/205/205.html


Here is a good review of liability for a place called intelifunds-
your bank probably has something similar
http://www.intellefunds.com/faq/205-6.html

What you need to do is call your bank asap and tell them you have an
unauthorized EFT transfer from your account and ask them what your
options are.

file a complaint with the state attorney general:
     http://caag.state.ca.us/consumers/mailform.htm

Also with the california department of insurance
     http://www.insurance.ca.gov/docs/FS-ConsumerHotline.htm

Also with the bank and make sure to 'cc' the insurance company.

Good luck.

Forget suing.

That would cost you LOTS unless you can get a lwayer to handle your
case on a Contingency Fee basis but the amount is too small to
interest anybody.

Follow the advice given in the earlier Comments & Good Luck!

vballguy,

I paid first installment for my friends (it's their insurance
contract) more then year ago ($96 per year). They didn't have own bank
account. Money stolen from my checking account was for another year
(but I DONT have a contract with insurance company). What more - my
friends PAID for this year already. So, E-Renter Plan took money from
me and from them too.

My bank is Bank of America. I told them, that my money was stolen but
they told me, that (after "investigation") there is an agreement
between me and E-Renter Plan (but there's nothing!!!).

There is something about automatic payments on the contract, but like
I said - it's not my contract and there isn't my name or signature
there.

THANK YOU

I can't find the policy, but call bank of america again and state
clearly that you did not authorize that transaction and have no
relationship with the other company and that you want to offically
protest that debit from your account.

If they claim that they can do nothing, ask to talk to a supervisor
and again make very clear that you have no relationship with that
company and did not authorize any transaction.  If they say otherwise,
request copies of any documen.  Further ask that since you have no
relationship with them, what are your alternative.

Aha!

It's become clearer ... This is one of the Dangers of paying by Credit Card.

Once a CC is used for part of a series of payments the provider can
assume that it can be used for the rest and there's NOTHING that the
CC Issuer can do about it.

The best way to stop this happening is talk to the CC issuer and ask
for their advice.

Obviously, the Insurer has no right to be paid twice, so talk to them as well.

If nobody will play ball then you've got a cause celebre.

Fortunately, it's not a lot of dough but - What the Hell? - it's your
money, not theirs.

You play Bloody Hell and please let us know how you get on.

Again ... Best of Luck!

I had this happen to me once (different bank, though).  My friend (who
didn't have a bank account) gave me cash and I paid his bill with a
check-by-phone.  A few months later, the company debited my bank
account for another $150!

I called my bank and they sent me a form to dispute the charge.  I
just had to check the appropriate box on the form ("I did not
authorize this charge.") and the bank reversed it.

The bank is in the best position to resolve this issue with the
company, since they're the only ones with the authority to debit your
money right back from the insurance company.