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 The Electronic Fund Transfer Act (“EFTA”)

The Electronic Fund Transfer Act (“EFTA”) regulates electronic payments such as debit cards, checks by phone, automatic bill payments, ATM and debit card overdraft fees, and gift cards.  The EFTA provides penalties for violation that may allow a consumer to recover:

  • The money lost because of a violation AND;
  • Statutory penalties of $100 to $1,000, plus attorneys’ fees.

Claims under the Electronic Fund Transfer Act may arise any time money is electronically credited to or debited from a consumer’s checking, savings or other type of deposit account. Common examples include:

  • Bills paid online or over the phone with a check or debit card, especially where these accounts are paid on a continuing basis and/or where the monthly amount varies, including your cable company, cell phone provider, insurance company or gym.
  • Signing up for a free offer that will be paid on a monthly basis after the free period, for example, a service like movies by mail.
  • Moneys paid to a debt collector or credit card company over the phone with information from a check.
  • You use a check to pay for merchandise or pay a bill and the money is taken electronically from your account rather than with the check.
  • Payday loans where your repayment is automatically taken from your bank account.
  • Mortgage Loans or car payments paid over the phone with information from a check.
  • Bank charges when debiting or crediting money to your account.
  • You are charged a fee for withdrawing money at an ATM without being told about the fee.
  • Gift Cards that have expired after purchase or where you are charged a fee to use the card.
  • Overdraft fees from your bank when you use your debit card or the ATM machine.

If you think your rights have been violated in a transaction involving an electronic payment, contact an attorney today by calling 888-595-9111 or complete a EFTA free case evaluation form now.