charging a non-member account

ComplaintsOtherDish Network

Complaint

0
Yvette Rosa
Country: United States
I am NOT a Dish Network Customer. Yet, my bank account has been charged monthly since October. Unfortunately, because it is typically an untouched account, I just discovered these charges this month and therefore my bank will only replace the last 2 months. My bank representative and I have been speaking to several representatives at the Fraud Prevention Team at Dish. A different account number has been identified but nonetheless, Dish keeps insisting that their policy dictates that the charges have to be disputed by my bank since there were more than 4.  My bank's policy only disputes the last 2 months. I am still owed $518.63. I AM NOT A DISH CUSTOMER and DISH has withdrawn monies from my account. How can that be acceptable? I need some direction. I need to go higher up the chain of command at DISH but am unable to find that contact. Thank you.

Comments

  • 0
    You're getting the run-around..
    | 2 replies
    Your bank's recovery of the last 2 months was under the dispute rules for FRB Reg. E, which covers electronic transfers.  Of course Dish returned that, since your bank could yank it back on their own authority anyway.  The rest of Dish's reply is BS.  SOL is 1 year, not 2 months, but it could take more than a bank dispute to get it back.

    Your bank should still be supporting you, since it's obvious that if the last to months were erroneously or fraudulently transferred, so was all the rest.  It sounds like Dish had authorization to take money from some other account number, and made a mistake, taking it from yours.  It sounds like your bank and their fraud department have actually determined that this is what happened, so there is no legitimate reason for them to hold up returning it, short of not receiving a demand.

    It's not about "policy", it's about money.  Dish got it, and if they give it back, they're out the money that you never authorized paying them.

    The money was taken without your authorization, and it's within SOL.

    1)  Your bank should send Dish a dispute, indicating that the transfer was not authorized, and demanding that it be returned.  Even if this is outside the normal 60 day dispute window, it's within the 1 year SOL, and Dish is legally obligated to return it.  They could be sued to recover it, or charged with a crime for keeping it.

    2)  Contact your state Attorney General for assistance.  A letter from the AG should shake it loose.

    3)  File a police report for theft.  They took it, and they're refusing to return it.  If money accidentally got into your account, you withdrew it, and the party who owned it came around 6 months from now and wanted it back, you can be sure you would be charged with theft if you didn't give it back.

    4)  Sue them in court.  You may hand it off to an attorney.  Not sure if the federal statutes allow for recovery of attorney fees, but they probably do, since the banking regulations are set up to streamline correction of such "mistakes", and tend to place the costs onto the party what done it.
    • 0
      Yvette Rosa replies to You're getting the run-around..
      | 1 reply
      Thank you so much. I feel you have given me enough information to go forward. Truly appreciate your time and response!
      • 0
        In one sense, Dish is right.. replies to Yvette Rosa
        They now are responsible for money that they have an obligation to return. They need your bank to ask for it back, to make sure it goes back to the right account and person.  They don't want to be on the hook for sending it to the wrong party.  Your bank should step up and demand it back, and Dish should return it.
  • 0
    Yvette Rosa
    | 1 reply
    Once again, thank you. However, I am not familiar with the acronym SOL.
    Thanks!
    • 0
      Definition.. replies to Yvette Rosa
      SOL = Statute of Limitations.  Many laws require that to take legal action under them, you must do so in a timely manner.  Courts don't want to be dealing with old stuff that the plaintiff was too lazy to file suit on near to the time he should have known he had a case.  It costs the public money, wastes the court's time, is unfair to defendants who may no longer have access to old records to defend themselves, etc.  The banking system has an expedited mechanism to process disputes within 60 days where the customer's bank just reverses the transfer, to fix mistakes and discourage fraud, but 60 days is NOT the SOL defining the amount of time you would have to file to recover your loss in court.
  • 0
    Yvette Rosa
    Oh! Statutes of limitations?
  • 0
    Yvette Rosa
    Realized it as soon as I walked away from the computer but not soon enough to see your response. Thanks!
  • 0
    Yvette Rosa
    After a week and a half of speaking to Dish Fraud Prevention team members and bank reps (including a branch manager), I have only been able to recover one more of the unauthorized charges to my account (from the bank). Dish still has $387.49 that does not belong to them! I am totally disgusted with Dish and my bank! I've been with this bank for more than 25years and have financed everything through them. At this point, its not about the money (though I want it back). Its about doing the RIGHT thing!

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