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Nov 19, 2009 -- The dangers of allowing automatic drafts from your account

Too often, Clark receives calls from listeners who have allowed a company to automatically deduct money from their account each month. Or perhaps they've given their checking account information to a bill collector. Both are a strict no-no, according to the consumer champ.

A recent report in The Chicago Tribune underscores why doing such a thing is a bad idea.

A health club franchise that had fallen on hard times was dinging the accounts of former members just to have money to keep its doors open. Some account-holders hadn't been active customers in five years.

The parent organization said they wouldn't take responsibility for the actions of a franchise. Worse still, the people affected were not able to get their money back when the franchise did eventually close.

Law enforcement is treating this as a civil action -- not a criminal one. That's completely the opposite of how it should be handled, according to Clark.

There's a larger problem here; the rules on drafting accounts are set up for the benefit of business with zero consumer protections. If you sign up with a new company, be sure they only get your credit card account. That way you can dispute any bogus zombie transactions they may try to pull down the road.

Look through your bank statements and discontinue any automatic drafts that come out of your savings or checking accounts. Take back control of your money!

And when it comes to bill collectors, never give them your checking account number. You may verbally agree on partial payment to settle a debt, and they'll turn around and take extra from your account. Get it in writing first. If you really suspect their honesty, pay by money order or use a separate checking account to settle up.

Unfortunately, Clark won't be able to answer any questions submitted via commenting. If you have a question, please try posting it to our message boards.

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What others are saying

  • State AG's
    Despite what "POLICE MAN" says, most state AG's are wayyyy to busy to deal with a theft unless the amount is significant (i.e., a felony amount, usually a few thousand dollars).

    Most unscrupulous coompanies realize this and keep the amounts down to a couple hundred dollars knowing most people will just "eat it". As with other "fees", they'll $20, $40, $50 you to death.
  • Better Way
    I have BofA and use their BillPay feature. Delivery is guaranteed.

    A company you THINK is reputable will pul all sorts of tricks when things get tight, and giving them your account information is like giving them your checkbook.
  • CIVIL OR CRIMINAL
    Clark is right. In this case, this would be criminal. However that decision is mostly made by the State Attorney's Office of your respective county.

    A situation that would make it civil is if u are a CURRENT customer and had some sort of dispute over services and believed in your opinion that funds shouldnt have been takin out, or if you were still under contract. In that case you would need to file a civil suit against the business. I work in Florida, but in general if you think something is criminally being done to you the least that can be done is request a report and have the State Attorney look at the merits of the case to determine if its civil or criminal. Also a documented report can help if they its deemed civil and you choose to go the civil route......hope it helps. most agencies are very publice oriented so if you request a report you most likely will recieve one but the decision rests in the hands of the SAO..
  • Automatic drafts? No Problem
    I have never had problems using automatic drafts - I just limit them to utilities.
  • Investments
    My only autodraft is my investment account. Otherwise, I use electronic bill pay to pay my bills, or, I have them bill a credit card. Another downside to autodraft is that if you forget the autodraft schedule, you may not have enough money in the account and get hit with an overdraft fee.
  • Stopped our draft at gym
    We stopped our draft for our gym memberships this past year, and now they are charging us for NO HAVING AUTO-DRAFT.

    But, we feel better pay $5.00 more a month and be able to walk into the gym and pay at the counter, than to run the risk of having them empty our bank account!

    But, on our auto insurance, they are a good over draft, because it could cause us legal issues if we don't pay on time. Last year, we mailed in our monthly payment only to have it lost in the Blizzard of 2009 in Oregon. The insurance company never received our check, and we were broken into, they used the missing check as an excuse not to have to pay for the auto break-in which was quite expensive for us!
  • Online Bill Pay
    People should use online bill pay at a credit union. This way you set the amount for the bill you are paying and do it every month manually. I am curious though if anyone has had problems doing it this way? I did have a mortgage payment get messed up but that was my fault.
  • Auto drafts
    I have a better idea.....just set up a specific account for drafts only. 1 acct for everyday stuff and 1 for drafts. That way if the dradt acct gtes screwed up, you still have your everydau acct to fall back on :)
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