Banking Errors
Banking errors—such as unauthorized withdrawals, duplicate charges, misapplied payments, or inaccurate account balances—can cause overdrafts, late fees, and even credit damage. These mistakes may violate federal protections like the Electronic Fund Transfer Act (EFTA) and Florida consumer protection laws. We help identify and correct these errors, recover your lost funds, and hold financial institutions accountable when they fail to safeguard your accounts.
Your Rights
Under the EFTA and Florida consumer protection laws, you have the right to:
Dispute unauthorized charges or withdrawals.
Have your bank investigate and resolve errors within strict timeframes (usually 10–45 days).
Obtain reimbursement for confirmed unauthorized transactions.
Stop preauthorized payments from your account.
Pursue compensation if your bank fails to investigate or resolve disputes properly.
Possible Damages
If your bank does not correct errors, you may be entitled to:
Full reimbursement of unauthorized charges and related fees.
Compensation for financial losses tied to the error, such as missed payments or overdraft charges.
Statutory damages for EFTA violations.
Emotional distress damages if the error caused significant harm.
Attorney’s fees and court costs.
What Clients Ask us Most
Do I need a lawyer for a banking error dispute?
You may start a dispute directly with your bank, but when errors are ignored, delayed, or mishandled, legal representation can be important. Banks are required to investigate and correct certain errors under federal law. When they fail to do so, consumers have enforceable rights.
An attorney can help ensure those rights are taken seriously and pursued properly.
Can I stop a recurring automatic payment?
Yes. Consumers generally have the right to stop recurring automatic payments by notifying their bank or financial institution. Once notice is given, continued withdrawals may be unlawful.
If a bank allows unauthorized or revoked payments to continue, that may constitute a legal violation.
Can a banking error affect my credit report?
Yes. Banking errors can lead to late fees, overdrafts, charge-offs, or account closures that are later reported to the credit bureaus. If inaccurate banking information is reported, it may result in credit score damage or credit denials.
When a bank causes or fails to correct an error that impacts your credit, multiple consumer protection laws may apply.
I found an unauthorized withdrawal on my account. What should I do?
You should notify your bank immediately and document the unauthorized transaction. Federal law provides protections for consumers who promptly report unauthorized withdrawals.
If the bank fails to investigate, delays reimbursement, or continues allowing unauthorized debits, legal action may be necessary to enforce your rights and recover losses.
What if my bank refuses to fix the error?
If a bank fails to conduct a proper investigation or refuses to correct a verified error, it may be violating federal consumer protection laws. Consumers are entitled to reasonable investigations and timely responses.
Continued refusal can expose the bank to legal liability, including damages and attorney’s fees.
Practice Areas & How We Can Help
