Alabama Woman Sues Comerica Bank over Direct Express Debit Card Dispute – Alabama Consumer Credit Attorney Judson E Crump 30


Last Thursday, we filed suit against Comerica Bank, issuer of the popular Direct Express Debit MasterCard, alleging that the bank failed to investigate purported errors, despite my client having disputed the errors both orally and in writing.  The allegations are summarized below:

The Direct Express card is a debit card that carries the funds of federal benefit recipients.  My client attempted to use hers at a local Triton ATM machine, but due to some sort of error, did not actually receive the money she requested.  But Comerica still deducted the money from her Direct Express account.  This caused her account to be wrongfully reduced by $500, which prevented her from being able to pay her bills and obtain her necessities for several weeks.

 

She disputed their accounting of her money by telephone, with no success.  Then she came to me and I wrote them a notice of error.

 

Under the Electronic Fund Transfers Act, the financial institution is required to investigate a notice of error within 10 days and inform you in writing of the results of their investigation.  If they don’t do that, they must provisionally credit your account for the disputed money and conduct a longer investigation, which can’t last longer than 45 days.

If a financial institution is found liable for violating a consumer’s dispute rights under EFTA, they can be held liable for three times the damage they’ve caused plus be forced to pay your court costs and attorney’s fees.

This is the first case I’ve filed under the EFTA, so I’m very interested to see how it plays out.


About Attorney Judson E Crump

I am an Alabama consumer credit attorney. I specialize in defending people from their creditors. I fight (and usually win) credit card and collection lawsuits. I fight unjust predatory lenders, foreclosures, and I help people recover from credit reporting errors and identity theft. I live in Mobile, Alabama, and I have a wife and 3 children. I love reading and growing things.


Leave a Reply

30 thoughts on “Alabama Woman Sues Comerica Bank over Direct Express Debit Card Dispute – Alabama Consumer Credit Attorney Judson E Crump

  • Douglas Johnson

    Mr. Crump. Please call ntact me about a problem I am having with Direct Express. Over 6,000 was stolen from my card. [number hidden] That k you, Douglas J.

  • Joseph Roberts

    This should be a class action. There are multiple thousands of SSecurity and disabled vets (the ones the keep our freedom) that are being treated illegally and rudely when a complaint is made. Moreover, they make up excuses to delay payment so they can ‘play’ the markets with poor and disabled people’s money/benefits. This is the tip of the iceberg. There’s more. Just google direct express comerica and pass up the first page. Unbelievable amount of people complaining on various websites. One major problem is the customer service reps disrespect and lie to the customers and convienently hang up like it was accidentally disconnected. This bank deliberately makes it very hard for customers. Something strange is amiss with comerica

  • Judith Guidry

    Did your client get her money back? I am having a similar problem with Direct Express. Unauthorized withdrawals were made to my account yet Direct Express denied my claim.

      • Kathrn

        I am having this same exact problem with Direct Express and Comerica. I received my dispute letter stating that i would receive $1029 provisional credit within 10 days and I never received it. I finally escalated to Comerica via fax and telephone on 08/15 and again on 09/2 and was ignored again. Please advise, I can’t recover from the domino effect that this unauthorized transaction has caused and I am in financial ruin and literally penniless. I reside in California but any assistance that you can give me will be VERY much appreciated.

        • Attorney Judson E Crump Post author

          Kathryn,

          I may be able to find you some legal help, but I’d need to know more about your specific problem. Particularly, I need to know whether or not Comerica made an error, or if there were unauthorized charges or debits against you. Call me at 251.272.9148 to discuss this.

          JEC

  • harvey

    Mr Crump, I have had well over 5000 taken out of my account over the course of 3 years. I am disabled and a veteran and have been fighting with this Comerica and Direct Express for months. Please help. Atlannta,

  • Alan Mazer

    This bank (Comerica/Direct Express) has ripped us off too. Took our SSDI and refused to cooperate with law enforcement investigations or Inspector General complaints. Lied to us, refuses to provide documentation required by federal banking laws. we want to sue these bastards for the anguish and financial losses. they target SSI/SSDI recipients like us, just google them and see.

  • Jennifer

    I had money on my card and then when I checked my balance to pay bills it said I only had 74.00 dollars on my card. That’s has happened for 2 or 3 months I need some help. They told me “you didn’t fill out the paper work” and I did. Then they said that they closed my case.

    • Attorney Judson E Crump Post author

      Jennifer,

      I need to know more about your situation to see if I can help you. You have rights to correct any errors involving electronic fund transfers under the federal Electronic Fund Transfers Act. If you live in Alabama and want to discuss this, call me at 251.272.9148.

      JEC

      • Catrina

        I am the payee for my son and mother and on the 8/1/17 I went to withdraw rent out the ATM and it said invalid pin I did it 3 times and the 4 time it said unauthorize usage so I call direct express and changed the pin then I went to another ATM and it said my available balance was 116.00 someone had did a ATM withdrawal of 1606 dollars in Florida and I live in wisconsin I call right away and file the dispute now it’s the 8/14/17 nothing I need help my mother rent is not paid I keep calling direct express they say 45 to 90 days to get a decision

  • Valerie Quinteros

    I am having a issue called direct express multiple times 47 days still have not returned funds. PayPal did charge back September 22 so basically they are withholding my funds. Please help me

    • Attorney Judson E Crump Post author

      The Electronic Fund Transfers Act requires them to respond to your disputes. If you have not done so already, you may want to write a letter explaining your dispute and asking them to fix it. Even if you’ve already disputed things with them 47 times, unless you recorded the telephone calls, there is no way to prove that you notified them of your dispute and what information you provided. This is why I advise my clients to send all disputes in writing.

      JEC

  • annette

    went to take 600 out of atm and no money came out call direct express and they said it could take 45-90 days and never mention provisonal credit they were nasty

  • Damon and Rita Edgil

    My ex-wife had been wanting over a year for back pay for our children. Initially the money came through on 2 cards. We went to the Direct Express site and one card has the funds but the other (totaling $9,400.00) says the card status has a fraud suspension on it. She never used the card and when she calls to check the balance, it acts as though the card doesn’t exist. It obviously does as it shows up on the site.

    What should I do? We have 3 kids and are both disabled. 9,000 doesn’t seem like much until it’s seemingly gone or non-existent.

    We do reside in Alabama. 205 three five three one zero one six.

    • Attorney Judson E Crump Post author

      Damon,

      If they aren’t letting you use the card, then you should probably initiate the EFTA dispute resolution process. This involves writing them a letter (be sure you use the correct address, which should be on your statement or contract). The letter should a) tell them exactly what they have done wrong, b) demand all information and documentation supporting the reasons they are not letting you use the card, including all statements or evidence of charges or use of the card, and c) request a response in writing. Send the letter by certified mail and keep a copy.

      They are supposed to resolve the error in 45 days. If they request more information from you, provide it in writing. If they don’t fix it, send another letter and try again.

      If they refuse to fix a bona fide error after two documented attempts, it is time to take legal action. You can call me to discuss that.

      JEC

  • concentratingwithmyladybrain

    Money was stolen from my account May 1 2017 a total of $763.00 was stolen from an ATM in Alabama.
    The customer service was rude when I told them what happened.
    I received a letter in the mail stating they have finished the investigation and they posted credit to my account but I never received the money. I called them and they said they don’t know why they closed the case and haven’t given my money. They said they would write a email to upper management and investigate why I never received my money. It’s been over 30 days. I have a letter in writing stating they posted credit to my account.I currently reside in California.

    • Attorney Judson E Crump Post author

      Ms “Lady Brain,”

      I can’t represent you in any California court, but if they still haven’t returned the money, and you’ve documented your requests they fix the error, then I may be able to find someone who can help you in CA. Direct Express should be willing to give you all the info they have regarding the thief. If so, I may be able to help you take action against the ID thief in Alabama.

  • BRENDA SIX

    MY NAME IS BRENDA SIX THREE TIMES NOW I HAVE HAD FUNDS DISAPPEAR OFF MY DIRECT EXSPRESS CARD THE SECOND TIME THERE WAS 342.00 DISAPPEAR OFF OF IT I WAS LUCKY I GOT 55.00 BACK ON IT THIS TIME THERE HAS BEEN OVER A HUNDRED DOLLARS DISAPPEAR OFF OF IT I HAVE BEEN TRYING TO GET AHOLD OF DIRECT EXSPRESS TO QUESTION THIS AND NO LUCK CAN NOT GET AHOLD OF ANY ONE THERE WHAT CAN I DO ABOUT THIS SITUATION IAM ON FIXED INCOME V.A WIDOWS PENTION EVERY MONTH NOW I HAVE NO FUNDS TO FINISH GETTING THE BASIC THINGS I NEED FOR THE MONTH.

  • Karen D. Bodrogi

    Hi Mr Crump
    I am a resident of Pensacola, Florida I am visiting my aging father with Dementia in California, I live paycheck to paycheck I am on social security having my funds deposited into Comerica, direct express debit Mastercard. I get my funds every month on the 3rd, my funds were deposited, at midnight Pacific time and 32 mins later there was a IVR money transfer of all my funds. $860.00 plus a IRV money transfer fee. I have made a police report, I contacted direct express within mins of this transaction taking place, paper work for fraud is on it’s way to my parents place. I needed that money to help my dad’s bills, to pay for my plane ticket home, to purchase food, and of course my bills. I am pretty far from home and don’t know what to do but keep looking up every website and make noise!! I will write them a letter again using the letter as a reference above. Is there a address u could pass along to me or is it the address they give to me San Antonio,Tx

    • Attorney Judson E Crump Post author

      Karen,

      I’m very sorry to hear that. It’s an extremely difficult position they’ve put you in. But let me give you a bit of advice: Don’t wait for the fraud packet. It may take weeks to arrive. You need to do 2 things:

      1) send them a letter ASAP telling them exactly what went wrong and exactly what they need to do to fix it. Keep a copy and send it certified to prove they got it. You can find their mailing address on the account agreement here: https://www.usdirectexpress.com/content/dam/comerica/en/stylelibrary/directexpress/docs/Terms_And_Conditions.pdf

      2) Make a complete and accurate log of all telephone calls and conversations you’ve had with them. Be sure to note if you’ve disputed with them and what they have done in response.

      They have 2 weeks to correct this or provisionally put the money back into the account while the investigation is pending. If they don’t, then you could potentially sue them in federal court.

      You’ll need a local lawyer, tought. I can help you find one if you need. But first you MUST send that dispute ASAP. I hope this resolves the matter, but if not, you can call me once you’ve gotten their response to your written dispute. Best of luck, Ma’am.

      JEC

  • Jazzwualyne Toledo

    Hi, I have a financial company not steal by going once but twice on my account and this is direct are rudely even telling me that my money wouldn’t of been stolen if I didn’t give my card number which I never then made the dispute and told not only by that person but by multiple personals when I called a few times cause I didn’t get my packet that I will get a credit once I send that packet N proof within ten day from receiving the packet now they are telling me it was ten day from the dispute call and giving me the runaround, and that I have to wait 45-90 days and I have multiple bills unpaid and services disconnected. Is there a number to call some one higher than the customer service or the investigation number? Please help me, I’m in Tennessee

    • Attorney Judson E Crump Post author

      Ms. Toledo,

      I don’t know if they have a special number to call. If they’ve made a mistake, then you need to write them a letter telling them exactly what they’ve done wrong and that you want your money refunded immediately. Telephone disputes are very hard to prove in Court. Keep a copy of the letter and send it by certified mail to the address listed on your Direct Xpress service agreement.

      JEC