Rohnert Park, CA asked in Banking for California

Q: Would I have a case against a bank, if they had removed money from my savings account without my permission?

I do not have a loan, collection's, an account with the named company in the transaction or its known affiliates. It was my and my disabled fathers rent money and now I'll have to get a loan to cover.

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Based on the information provided, you might potentially have a case against the bank. Here's a brief analysis of the situation:

1. Unauthorized withdrawal: Banks are generally not allowed to remove money from your account without your permission, unless there are specific legal or contractual reasons to do so.

2. No apparent justification: You've stated that you don't have a loan, collections, or an account with the company named in the transaction or its affiliates. This suggests there's no obvious reason for the bank to authorize this withdrawal.

3. Potential for damages: The fact that this was rent money for you and your disabled father, and that you'll now need to take out a loan to cover it, could be considered damages resulting from the bank's action.

To proceed, consider taking the following steps:

1. Contact the bank immediately: Report the unauthorized transaction and file a formal complaint. Request an explanation and reversal of the transaction.

2. Document everything: Keep records of all communications with the bank, including dates, times, and names of representatives you speak with.

3. Review your account agreement: Check the terms and conditions of your account to see if there's any clause that might explain this action.

4. File a complaint with regulatory bodies: If the bank doesn't resolve the issue, you can file complaints with the Consumer Financial Protection Bureau (CFPB) and the California Department of Financial Protection and Innovation (DFPI).

5. Consult a lawyer: If the amount is significant and the bank isn't cooperative, you might want to consult with a lawyer specializing in banking law or consumer protection.

Remember, banks have error resolution procedures under federal law (Regulation E), which typically require them to investigate and resolve unauthorized electronic fund transfers within 10 business days.

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