By Rudolph Bell BUSINESS WRITER dmbell@greenvillenews.com
State Rep. Bessie Moody-Lawrence of Rock Hill said she ordered a
company's real estate training kit after seeing it advertised on
television. To pay for the kit, she authorized the company to debit
her bank account electronically.
Later, she said, the company kept mailing solicitations for
additional products -- even though she didn't want anything else.
She had to respond to each solicitation or the company would
automatically debit her account for the unwanted products.
"I had to call them and have a long discussion over the phone,
almost a knock-down-drag-out, 'Don't charge my account for anything
else,'" Moody-Lawrence said. She's one of 28 state lawmakers who
have introduced legislation to give consumers more rights to halt
preauthorized electronic payments.
Under the Automatic Payment Protection Act, banks and vendors
would have to "conspicuously" disclose in writing and orally the
procedure for stopping such payments, and they could be sued for
violations.
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NACHA-The Electronic Payments Association, an association of
financial institutions that sets industry rules for electronic
payments, estimates that U.S. consumers paid 3 billion bills by
automatic payment last year.
Consumers already have some rights under federal law, but Rep.
Joe Mahaffey of Spartanburg County, the state bill's chief sponsor,
said they need more. Mahaffey said he introduced the measure after
hearing from constituents who had difficulty stopping payments.
"Even when you send them a letter, they do not always stop it,"
he said. Rep. Lewis Vaughn of Greer said he signed onto the measure
because of an experience he had with a credit-card company. The
company, Vaughn said, "just started accessing my account for
whatever I owed them without my permission" even though he pays his
balance each month.
Vaughn said he later discovered that his agreement with the
company allowed it to do what it did.
Michael Herd, a spokesman for NACHA, said consumers who want to
halt automatic payments should contact the third-party vendors that
are charging their accounts. The network used for such payments
isn't set up in a way that banks can easily stop them, he said.
"When you write a check and you give it to a company, your bank
doesn't know what your arrangement is with that company," Herd said.
"They just know that, with the payment system, they get a check that
says debit your account, so they do it."
The more than 11,000 financial institutions that are members of
NACHA require third-party vendors to tell customers how to stop
electronic payments, Herd said.
Last year, he said, only 25 out of every 100,000 consumers had a
company debit their account after revoking their authorization to do
so. "That seems to us like a very low rate," Herd said.
Lloyd Hendricks, president of the South Carolina Bankers
Association, said his group opposes the measure in part because
consumers are already protected by federal law. "Sometimes you come
in and superimpose additional burdens that just don't work that are
already covered by federal law," Hendricks said.
Federal law allows consumers to stop pre-authorized electronic
payments by notifying their financial institutions orally or in
writing at least three business days before the scheduled date of
the transfer.
But Jean Ann Fox, director of consumer protection for the
Consumer Federation of America, said consumers need more
understanding of their rights.
"Just the whole electronic banking arena is so new to consumers
that it's really confusing," she said. The legislation has been
referred to the House Labor, Commerce and Industry Committee,
chaired by Rep. Harry Cato of Travelers Rest.
Cato said he still employs the "old-fashioned method of writing a
check" to pay bills, but he's talked to others who have had problems
stopping electronic payments.
Cato said a lobbyist has questioned whether the existing federal
law would supercede any state laws. Cato said his committee will
likely have a hearing on the bill in April, and its chances for
passage are good "if we find that we can do it." |