Unauthorized bank debit by a collection agency

[msstarks]

I would like to know if a collection agency can debit my bank account using a previous authorization for a one-time payment. Here's the deal: I do admit to owing the debt. I spoke with the collector and I gave him my checking account info for a one-time payment. At that time I offered to go ahead and post date another check for the the balance but the collector told me that I didn't have to do that and that I could call him and set up the balance payment later. Two weeks later there was an unauthorized debit to my checking account. After contacting my bank and then the clearinghouse company, a check for the amount debited was refunded to me by the company. One month later, today, the collector has initiated an unauthorized debit for the entire amount. I've alerted my bank and have contacted the clearinghouse company and they are investigating it. In the meantime my account is a mess and I am livid. Is this legal?

 

[calalily]

http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm Maybe you can find your answer here. Did you read the fine print on the authorization allowing them to access your account? Usually there is a clause that states something like they can demand the whole payment in full if you miss a payment after signing the agreement. Probably in tiny little print.

 

[msstarks]

There were no paper authorization. This transaction was conducted over the phone and he read me no clause or anything of that nature. There was no agreement signed or anything. What he did was put a note in the account stating he spoke with me on the particular day (June 2nd) in this case, July 1st and I gave him the permission which is very untrue. I never spoke with him since the first and only authorization I gave him. The first time he did this, it was investigated and the company refunded me the money. Like I stated this is the second time and I cant see how he was authorized without my permission to do this again.