Linda Ames manages her mother's accounts using her bank's online bill pay, and that's how she made a nearly $5,000 mistake.
“I hit the wrong line and it was gone,” said Ames. Instead of paying her mother's monthly nursing home bill, she accidentally sent $4,900 to AT&T.
Since her mom only owed the cellphone company $63, Ames expected a quick refund. “It's such a large amount, they have to know it's an error,” she said.
Ames said she made the mistake in March.
Thirteen weeks later, Ames told Action 9 she still couldn’t get the money back. The company was only offering to credit her mom's small phone bill each month.
“I've called and called. Somebody's dropping the ball. I don't understand why it's not going through,” said Ames.
Overpayment mistakes are common, and so are full refund denials, but federal regulations and state court rulings are clear.
“It is not their money. It is a mistake,” said consumer attorney Jared Lee.
Lee said federal regulations on credit cards require a refund in seven days. Florida law doesn't spell it out, but full refunds in a reasonable amount of time are required and sometimes come with a penalty for the company if it does not provide a refund in time.
“When courts have addressed overpayment they generally give interest from the time that demand is made for overpayment,” said Lee.
The same week Action 9 contacted AT&T, a company official apologized, and without explanation, sent Ames all her money back.
If a company can't find a customer to who it can return the overpayment, it must send the money to Florida's unclaimed asset fund.
Anyone denied an overpayment refund should put the demand in writing. Consumers don't have to accept credits down the road.
Cox Media Group
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