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Automatic Debit Scams Fraudulent telemarketers have
found yet another way to steal your money, this time from your checking
account. Consumers across the country are complaining about unauthorized debits
(withdrawals) from their checking accounts. Automatic debiting of your
checking account can be a legitimate payment method; many people pay mortgages
or make car payments this way. But the system is being abused by fraudulent
telemarketers. Therefore, if a caller asks for your checking account number or
other information printed on your check, you should follow the same warning
that applies to your credit card number -- do not give out checking account
information over the phone unless you are familiar with the company and agree
to pay for something. Remember, if you give your checking account number
over the phone to a stranger for "verification" or "computer
purposes," that person could use it to improperly take money from your
checking account. How The Scam Works You either get a postcard
or a telephone call saying you have won a free prize or can qualify for a major
credit card, regardless of past credit problems. If you respond to the offer,
the telemarketer often asks you right away, "Do you have a checking
account?" If you say "yes," the telemarketer then goes on to
explain the offer. Often it sounds too good to pass up. Near the end of the sales
pitch, the telemarketer may ask you to get one of your checks and to read off
all of the numbers at the bottom. Some deceptive telemarketers may not tell you
why this information is needed. Other deceptive telemarketers may tell you the
account information will help ensure that you qualify for the offer. And, in
some cases, the legitimate telemarketer will honestly explain that this
information will allow them to debit your checking account. Once a telemarketer has
your checking account information, it is put on a "demand draft,"
which is processed much like a check. The draft has your name, account number,
and states an amount. Unlike a check, however, the draft does not require your
signature. When your bank receives the draft, it takes the amount on the draft
from your checking account and pays the telemarketers' bank. You may not know
that your bank has paid the draft until you receive your bank statement. What You Can Do To Protect Yourself
ITS THE LAW: Since December 31, 1995, a seller or telemarketer
is required by law to obtain your verifiable authorization to obtain
payment from your bank account. That means whoever takes your bank account
information over the phone must have your express permission to debit your
account, and must use one of three ways to get it. The person must tell you
that money will be taken from your bank account. If you authorize payment of
money from your bank account, they must then get your written authorization,
tape record your authorization, or send you a written confirmation before
debiting your bank account. If they tape record your authorization, they must
disclose, and you must receive, the following information:
If a seller or telemarketer
uses written confirmation to verify your authorization, they must give you all
the information required for a tape recorded authorization and tell you
in the confirmation notice the refund procedure you can use to dispute the
accuracy of the confirmation and receive a refund. What To Do If You Are A
Victim If telemarketers cause money to be taken from your bank account without your knowledge or authorization, they have violated the law. If you receive a written confirmation notice that does not accurately represent your understanding of the sale, follow the refund procedures that should have been provided and request a refund of your money. If you do not receive a refund, it's against the law. If you believe you have been a victim of fraud, contact your bank immediately. Tell the bank that you did not okay the debit and that you want to prevent further debiting. You also should contact your state Attorney General. Depending on the timing and the circumstances, you may be able to get your money back. |