PITTSBURGH – An Allegheny County consumer claims that a debt collector debited her bank account without written consent.
Cummie Washington filed a complaint on behalf of herself and all others similarly situated, on Aug. 29 in the U.S. District Court for the Western District of Pennsylvania against Educational Computer System Inc. alleging violation of the Electronic Funds Transfer Act.
According to the complaint, the plaintiff entered an oral agreement with the defendant in February and provided her debit card number to set up auto payments. The suit states the defendant began automatically withdrawing $50 per month and continues to do so.
The plaintiff holds Educational Computer System Inc. responsible because the EFTA states that preauthorized electronic fund transfers can only be authorized in writing and that the consumer must be provided with a copy of the authorization.
The plaintiff requests a trial by jury and seeks statutory damages of $1,000, actual damages, court costs, interest and any further relief the court grants. She is represented by Cynthia Z. Levin of Law Offices of Todd M. Friedman PC in King of Prussia.
U.S. District Court for the Western District of Pennsylvania case number 2:17-cv-01137-CB