There are some exceptions – for example, if you have insufficient funds, or if there is a legal hold on your money like a garnishment. If they won’t give you your funds, and you send them something in writing instructing them to send a certain amount of money to you (or anyone else), they could be liable under 15 U.S.C. Your phone calls might be recorded by a bank sometimes, so it doesn’t hurt to try that too, but then you don’t have your own proof of what happened. The reason for this is that if you end up having to use an attorney, it helps us a lot to be able to prove you made the request and to prove exactly when you made it. Banks often outsource their customer service these days, or use automated phone systems that just keep you on hold or send you in circles.įirst, send something in writing requesting your funds back, or challenging any charges for fraud or error. That’s not unique to this bank: we’re seeing it across the banking industry, and so are other consumer protection groups. Many customers are saying that it takes a ridiculously long amount of time to get on the phone with someone at Direct Express whenever they have some problem getting access to their funds. There are also state laws that often forbid unfair practices that can help consumers as well – for example, in California, the Unfair Competition Law, and in Texas, the Deceptive Trade Practices Act. EFTA gives the consumer between $100 and $1,000 as a penalty for any violations, and sometimes even more. If you’re looking for a lawyer to help try to get your funds out of a Direct Express account, CLICK HEREĭirect Express has actually been sued several times for allegedly violating the Electronic Funds Transfer Act, including in a class action. Clients who have had their lives severely disrupted by losing access to funds that were rightfully theirs can sometimes recover even larger amounts, but again, there are no guarantees. While we can’t guarantee results, when there is a clear violation of EFTA most of our clients get back their money and a little more. This means we can ordinarily take this kind of case on a contingent fee basis if it falls within the law, so you would only pay any attorney’s fees if you win. One of the big benefits of the EFTA law is that it makes a bank pay your attorney’s fees if you win. That law is designed to protect consumers – and along with something called “Regulation E,” it sets out the rules for what banks can and can’t do when you try to transfer your money electronically. We use a federal law called the Electronic Funds Transfer Act (also called EFTA) to get back people’s money when banks won’t give it to them voluntarily. So what can you do if you’re stuck in this situation? Some people report difficulty even getting a hold of the company to complain about it. If your money is locked up with Direct Express, or they won’t give you access to it, or there has been some kind of fraud or hacking of your account, you may feel totally helpless.
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