Tim
Valparaiso,#2Consumer Suggestion
Fri, October 05, 2007
If you're steamed enough about all of this, you may have a case for libel. Libel is generally defined as the making of a false statement, in writing (elcetronic form should constitute "writing"), that is made with knowledge of its falsity or reckless disregard for the truth. If Telecheck doesn't have proper procedures in place to ensure the accuracy of their information, then it can easily be said that they are making statements with "reckless disregard for the truth." If you wanted to, you could file a small claims case against Telecheck. Usually a small claims case is initiated by the filing of a simple form with the court clerk, and sending a file-stamped copy of the document to the company's registered agent for service of process in your state (you may have to fish around some state websites to find this information). In the "complaint" box on the form, state simply that "Telecheck published false information concerning your finances with knowledge that the information was false or with reckless disregard for the truth, causing me emotional distress and forcing me to expend time in rectifying the matter." Ask for the jurisdictional cap on damages for a small claims action in your state (again, you'll have to fish around for this information). That's just what I would do, if I were pissed off enough! Best regards!
Debbie Ar
Jacksonville,#3Consumer Comment
Fri, October 05, 2007
I just had to comment on this and tell you to be careful with your checks because I found out that Telecheck is not very up-to-date. I am in the middle of an expensive nightmare right now . Back in April I received a telephone call from telecheck wanting to know when I was going to take care of my bad checks. "What bad checks?" I asked them. "The ones I wrote to Walmart and Payless Shoe Source." they replied. I told them that I don't write checks to businesses, that I pay with my credit card. Come to find out, somebody had found some old checks to an account that had been closed over 7 years ago. But nobody asked for ID when the checks were presented and they were ran through Telecheck and approved. So tell me this, if Telecheck is so up-to-date, how could they not tell that the account hadn't been in use for over 7 years and was closed. They really need to update their system with all the fraud that is going on these days. So, destroy any old checks from closed accounts or Telecheck will do worse by you then what they have already done!