You have protections when it comes to automatic debit payments from your account | Consumer Financial Protection Bureau (2024)

You have protections when it comes to automatic debit payments from your account | Consumer Financial Protection Bureau (1)

People use automatic payments set up with a merchant or other service provider to pay bills and other recurring payments from their bank or credit union accounts. This could be for utility bills, credit card bills, monthly fees for childcare, gym fees, car payments, or even a mortgage. Such automatic payments can be a convenient way for people to make sure they pay their bills on time. Some lenders offer an interest rate reduction on loans for paying by automatic debit. However, consumers have told us that in certain cases, they have had trouble stopping automatic payments after providing a company with their bank account number.

Therefore, before you give anyone your bank account number and permission to automatically withdraw money from your bank account on a regular basis, it’s good to know how automatic debits work, what to be careful about, and how to stop the automatic payments if you cancel the service or just change your mind about how you want to pay.

How do automatic debit payments work?

You have choices about how to pay your bills. Some of your choices are to pay by check or to pay electronically. Most banks provide online or mobile bill payment services that let you schedule and send payments through your bank, either on a one-time or recurring basis. Another electronic payment option is to give permission directly to a company, such as a merchant or lender, to take payments from your bank account on a recurring basis. We’ll call these automatic debit payments. Let’s take a closer look at this last form of electronic payments.

To set up automatic debits directly with a company, such as a student loan or mortgage servicer or even a gym, you give the company your checking account or debit card information and give them permission (“authorization”), in advance, to:

  • electronically withdraw money from your account;
  • on a recurring basis, usually at regular intervals like every month.

You can set up automatic debit payments to pay the same amount each time, or you can allow payments that vary in amount within a specified range – for example, for your utility bill that changes each month. The company should let you know at least 10 days before a scheduled payment if the payment will be different from the authorized amount or range, or the amount of the most recent payment.

How are automatic debit payments different from bill-pay?

Automatic debit payments work differently than the recurring bill-pay feature offered by your bank. For recurring bill-pay, you give permission to your bank to send payments to the company. With automatic debits, you give your permission to the company to take the payments from your bank account.

Be cautious about giving anyone your bank account information and authorization

Automatic payments can help you stay on track with bills and other regular payments. However, be careful about giving a company permission to take payments directly from your account.

Before you give a company permission to make automatic withdrawals:

  • Verify the company. Before agreeing to let a company automatically take money out of your bank account, make sure the company is legitimate and credible. Consider using a different payment method until you’re sure you’re happy with the company or service. Never give your bank account or debit card information to a company that you’re at all unsure about.
  • Know your rights. A company cannot require you to repay a loan by automatic debit from your checking account as a condition for giving you a loan (unless the loan is an overdraft line of credit). Be wary of a company that pressures you to repay by automatic debit.
  • Be careful about overdraft and insufficient funds (NSF) fees. Automatic payments can help you avoid late fees on your bills. But if you forget to track your account balance and it’s too low when an automatic (or other) payment is due, you might have to pay overdraft or NSF fees. Both the bank and the company might charge you a fee if there is not enough in your account. These fees can add up quickly. Pay close attention to your bank account balance and upcoming automatic payments to make sure there will be enough money in your account when the payment is scheduled.
  • Review the terms of your agreement for the automatic payment. The company must give you a copy of the terms of your payment authorization. The payment authorization is your agreement to allow the company to debit your bank account for payment. The terms of your authorization must be laid out in a clear and understandable way. It’s important to review the copy of your authorization and keep a copy for your records. Make sure you understand how much and how often money will be taken out of your account. Monitor your account to make sure the amount and timing of the transfers are what you agreed to.

You have protections – including the right to stop automatic payments

Federal law provides certain protections for recurring automatic payments. You have the right to stop a company from taking automatic payments from your bank account, even if you previously allowed the payments. For example, you may decide to cancel your membership or service with the company, or you might decide to pay a different way.

If you decide you want to stop automatic debit payments from your account:

  1. Call and write the company. Tell the company that you are taking away your permission for the company to take automatic payments out of your bank account. This is called “revoking authorization.” Click here for a sample letter .
  2. Call and write your bank or credit union. Tell your bank that you have “revoked authorization” for the company to take automatic payments from your account. Click here for a sample letter . Some banks and credit unions may offer you an online form.
  3. Even if you have not revoked your authorization with the company, you can stop an automatic payment from being charged to your account by giving your bank a “stop payment order.” This instructs your bank to stop allowing the company to take payments from your account. Click here for a sample “stop payment order.”
    1. To stop the next scheduled payment, give your bank the stop payment order at least three business days before the payment is scheduled. You can give the order in person, over the phone or in writing.
    2. To stop future payments, you might have to send your bank the stop payment order in writing. If your bank asks for a written order, make sure to provide it within 14 days of your oral notification.
    3. Be prepared to include a copy of your revocation to the company (see step 1) with your written stop-payment order.
  • Monitor your accounts. Tell your bank right away if you see a payment that you did not allow (authorize), or a payment that was made after you revoked authorization. Federal law gives you the right to dispute and get your money back for any unauthorized transfers from your account as long as you tell your bank in time. Click here for a sample letter.

Be aware that banks commonly charge a fee for a stop payment order. Further, cancelling your automatic payment does not cancel your contract with the company. If you want to cancel a contract for a service, like cable or a gym, be sure to cancel your contract with the company as well as telling it to stop automatic payments. If you cancel an automatic payment on a loan, you still have to make payments on that loan.

We want to know about your experiences, good or bad, with using and with cancelling automatic payments – leave a comment on the blog below.

If you’re having a problem with a bank account or service, submit a complaint to the CFPB at consumerfinance.gov/complaint or call (855) 411-2372.

Have questions about consumer financial products and services? Find answers at consumerfinance.gov/ask-cfpb .

You have protections when it comes to automatic debit payments from your account | Consumer Financial Protection Bureau (2024)

FAQs

You have protections when it comes to automatic debit payments from your account | Consumer Financial Protection Bureau? ›

You have protections – including the right to stop automatic payments. Federal law provides certain protections for recurring automatic payments. You have the right to stop a company from taking automatic payments from your bank account, even if you previously allowed the payments.

Which federal law provides certain protections for recurring automatic debit payments? ›

The Electronic Fund Transfer Act (EFTA) is a federal law that protects consumers when they transfer funds electronically, including through the use of debit cards, automated teller machines (ATMs), and automatic withdrawals from a bank account.

What are the rules for auto debit? ›

The new auto debit rules

The RBI has instructed that for recurring payments to be debited automatically, approval of the customer will be required. This is also known as the Additional Factor of Authentication (AFA). Banks ensure AFA by sending a pre-debit alert to the customer 24 hours before the due date.

Can you block automatic payments from your bank account? ›

You have the right to stop a company from taking automatic payments from your account, even if you previously allowed them. For example, you might decide to cancel a membership or monthly service, or you might want to switch to a different payment method.

What to do if money is debited from my account? ›

Notify your bank immediately. For more details, give a missed call on 14440. If someone has fraudulently withdrawn money from your bank account, inform your bank immediately. When you notify the bank, remember to take acknowledgement from your bank.

What is the federal law for automatic payments? ›

Like the federal UMA, California's ARL provides that if a business sends merchandise or products to a consumer under an automatic renewal of a purchase or continuous service agreement without first obtaining the consumer's affirmative consent, the merchandise or products are deemed unconditional gifts to the consumer, ...

Do debit cards have consumer protection? ›

Under federal law, you have protections that help limit what you have to pay if your credit, ATM, or debit cards are lost or stolen. If someone uses your ATM or debit card before you report it lost or stolen, what you owe depends on how quickly you report it.

What are the disadvantages of auto debit? ›

Disadvantages of automatic bill payments include the difficulty in canceling them, the need to keep adequate funds in your checking account, and the potential of incurring a returned payment or late fee.

Is it legal to force autopay? ›

It's also illegal to bill people for negative options, automatic shipments, or continuity programs without their express consent.

Is auto debit safe? ›

Auto debit can be a safe and convenient way to pay bills or make recurring payments, but it is critical to ensure that the payment details and frequency are correct and that any errors or unauthorised charges are regularly monitored.

Can you block someone from debiting your account? ›

notify the bank that the merchant no longer has authority to debit your account. Provide the bank with documentation of the written notice.

Can I block a direct debit from my bank account? ›

You can also ask your financial institution to stop direct debits from your bank account. You can't ask your financial institution to cancel a direct debit from a credit card – you can only do this directly with your telecommunications provider.

Is it better to use a debit card or bank account for autopay? ›

Some service providers may charge a convenience fee for paying with a credit card. In these cases, it's better to pay directly from your checking account. If you regularly have a healthy balance in your checking, autopay can be a convenient way to make sure you're always on time.

Will banks refund scammed money? ›

If you've transferred money to someone because of a scam

This type of scam is known as an 'authorised push payment'. Your bank or building society should reimburse you if it's registered with the Lending Standards Board under their Contingent Reimbursem*nt Model Code (CRM Code).

Can a bank reverse a transaction if scammed? ›

Did a scammer make an unauthorized transfer from your bank account? Contact your bank and tell them it was an unauthorized debit or withdrawal. Ask them to reverse the transaction and give you your money back.

Can you keep money paid into your bank account in error? ›

No. If the bank deposited money to your account in error, it doesn't need your permission to remove those funds and deposit them into the correct account. The bank may also correct the error by exercising an offset, which allows a bank to charge the account for a debt owed to the bank.

Which law focuses on protecting credit or debit card payments? ›

The California Consumer Financial Protection Law gives the Department new tools to better protect consumers from unlawful, unfair, deceptive, and abusive practices.

What regulation covers stop payments? ›

Can you provide an interpretation of Reg E Section 205.10? It states, "the financial institution must honor an oral stop-payment order made at least three business days before a scheduled debit. If the debit item is resubmitted, the institution must continue to honor the stop-payment order".

What federal regulations apply directly to electronic banking? ›

Coverage - 12 CFR 1005.3

Subpart A of Regulation E applies to any electronic fund transfer (EFT) that authorizes a financial institution to debit or credit a consumer's account.

Can a company force you to do automatic payments? ›

California Automatic Renewal Charges are Illegal Under Many Circ*mstances. Your credit card gets charged by some company every month and you don't even remember signing up for a subscription. What can you do? California's Automatic Renewal Law can help you stop automatic renewal payments.

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