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The Legal Implications of Bank Junk Fees (AT&T): What You Need to Know

Jan 31, 2023
Shamis & Gentile, P.A.
The Canadian Banks With Unfair Overdraft Fees

Like many other individuals, you might have been looking at the many extra fees that banks charge their customers. Also known as junk fees, these are extra charges to your account that can be due to maintenance fees, overdraft fees, resort fees, ATM fees or other types of fees that you have to pay for.

Many news outlets have had an increasing focus on the growing number of these bank junk fees, which quickly add up for the customers, and cause significant financial strain for consumers all over the country, no matter what particular bank or service provider they are affiliated with.

In this article we will examine some of the legal aspects of junk fees, and take a particular look at AT&T. So if you are wondering whether you can do anything about these fees, please read on.

About AT&T and Bank Junk Fees

First and foremost, it is important to note that charging consumers unauthorized fees is generally considered to be a violation of consumer protection laws.

Under the Truth in Lending Act (TILA), financial institutions are required to disclose all fees associated with a loan or credit card to the consumer before the transaction is completed. This includes the fees for account maintenance, overdraft protection, and any other services.

If a bank or other financial institution fails to disclose these fees, or charges fees that were not agreed upon by the consumer, it may be found to be in violation of TILA. This can result in fines and penalties for the company, as well as the possibility of restitution for affected consumers.

AT&T offers a high-profile example of this phenomenon, as the bank has been accused of charging its customers illegal and undisclosed fees. In 2019, the Federal Trade Commission (FTC) filed a lawsuit against AT&T alleging that the company had charged its customers hundreds of millions of dollars in unauthorized fees.

In the case of AT&T, the FTC alleges that the company violated TILA by charging its customers hundreds of millions of dollars in unauthorized fees. The lawsuit is still ongoing, but if the FTC is successful in its case, it could result in significant financial repercussions for the company.

Basic guidelines for consumers

It is important for consumers to be aware of the potential for bank junk fees, and to carefully review all fees associated with a financial product or service before agreeing to it. If you believe you have been charged unauthorized fees by a bank or other financial institution, you may have legal recourse and should consider seeking the advice of an attorney.

You should keep in mind the specifics of TILA, but there are also other laws that may be relevant to the legal implications of bank junk fees. This can include the Electronic Funds Transfer Act (EFTA), which provides protections for consumers who use electronic means to access their financial accounts.

You can also look into the Fair Credit Billing Act (FCBA), which provides protections for consumers who use credit cards. It may be helpful to discuss the potential relevance of these and other laws with a legal professional, in order to understand every aspect.

What can consumers do?

One way to mitigate some of the junk fees as a consumer, is to shop around for a bank or service provider that does not include these fees on their agreements.

It might also be worth considering that you as a consumer are able to opt out of overdraft protection.

You can also use a debit card instead of a credit card, and carefully review your monthly statements to ensure that all charges are legitimate.

Final thoughts

The legal implications of bank junk fees can be significant for consumers around the country, regardless of their income levels. It is important for consumers to be aware of their rights and for financial institutions to fully disclose all fees associated with a product or service.

If you believe you might have a case for unauthorized junk fees, we are interested in hearing about your specific details, and our team of experts will be ready to guide you through the necessary steps. Contact us today to learn more, and schedule a consultation!

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