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Q: Legal grounds for refund of overdraft fees? ( No Answer,   3 Comments )
Question  
Subject: Legal grounds for refund of overdraft fees?
Category: Business and Money > Accounting
Asked by: donphiltrodt-ga
List Price: $40.00
Posted: 01 Aug 2002 16:32 PDT
Expires: 31 Aug 2002 16:32 PDT
Question ID: 48277
Within one business day, my credit union (CU) assessed 6 overdraft
fees ($25 each) against my account.  Two business days later, I
deposited more than enough funds to cover all incoming charges,
including overdraft fees.

According to this post on a message board...

http://pub50.ezboard.com/fcreditwrenchfrm1.showMessage?topicID=258.topic

...the CU may be legally obligated (or simply intimidated) to refund
the overdraft fees (because I deposited the cash in a timely fashion).

I'd like your research to...

     - highlight relevant passages in the UCC
     
     - "keep an eye out" for any additional details regarding the
relationship between the "VISA system" and my account at the CU
     
     - "keep an eye out" for useful tidbits that may help me get a
refund from my CU
     
     - "keep an eye out" for any legal or professional code requiring
CUs to keep the "VISA system" accurately informed regarding the
available balance in my account.*
     
     (* The overdraft fees are a result of 6 merchants receiving
"authorizations", even though the my account balance could cover only
the first merchant's charge... all because Paypal didn't execute the
balance transfer I requested.  Sigh.)

Here are additional resources...

http://www.cardreport.com/laws/regcc.html
http://www.cardreport.com/laws/regcc3.html

Any answers or clarifications to this questions will expressly be
considered NOT legal advice.  You are merely conducting research and
relevance analysis.
Answer  
There is no answer at this time.

Comments  
Subject: Re: Legal grounds for refund of overdraft fees?
From: siliconsamurai-ga on 04 Aug 2002 00:27 PDT
 
I am surprised to hear that a credit union is acting this way. I have
belonged to several and their customer service policies have always
been extremely liberal. When something similar happened to us once the
CU's reaction was to open an instant line of credit and apply it to
the checking account. There was a fee involved but it was very, very
small. This might have been because there were other accounts with
plenty of money in them but I don't believe so, it was just good
customer relations.

That said, I doubt there is actual legal grounds to demand a refund.
The amount of fine print in bank contracts is second only to that
found in credit card contracts and I've read through one or two - most
basically have extremely narrow definitions of terms and essentially
say that they can do almost anything they want with your money in
terms of applying fees when they have a technical opportunity to do
so.

However, if you are a good customer or a very new one, they are likely
to want to keep your business and a suggestion that you will take your
business elsewhere can often work miracles – if it doesn’t, consider
changing banks.

Good luck. I hope you get your refund. I’ll be interested in reading
the actual research and answer on this one myself. It might depend on
state banking laws.
Subject: Re: Legal grounds for refund of overdraft fees?
From: wengland-ga on 05 Aug 2002 09:08 PDT
 
The only case law I know of in this area is with Bank Of America,
formerly Bank IV, would debit checks from the account first, then
credit deposits.  This often caused overdraft conditions, (ex: write a
check for $100 to the store, go down to the bank and deposit $100 to
cover the check) for which they would charge fees for.

They got sued successfully a few years back.

However, if the money was not there on the day of the debit, I doubt
they have any leagal reason to give you your money back.  You can try
asking them nicely...
Subject: Re: Legal grounds for refund of overdraft fees?
From: claudietta-ga on 06 Aug 2002 13:20 PDT
 
Dear Don,

You need to first contact Customer Service department of your credit
union and try to reason with them directly.  I have had luck with
settling similar problems with my credit union simply because they
wanted to keep me happy.

However, whether or not they are required by law to reimburse you is
dependent on the language in the agreement you signed about overdraft
fees, which only you and they have access to.

Much luck,
Claudietta

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