Surprised, but not really, the MIL has her bank statements from 1987? Wow! What else has been going on that has never been caught. MIL needs someone to look into her accoount on a regular basis.

The quote about the 60 days is from Reg E.

So, if the customer signs a statement (under penalties of perjury) that says the first unauthorized transfer occurred in 1987, you would turn her down. However, if she signs a statement that says the first unauthorized transfer took place 60 days ago you would refund her the $28 and help her to try to get her money back from the gym.

Please explain what you think the gym's attorney will do with a copy of her statement, signed under penalties of perjury, that says the first unauthorized transfer took place 60 days ago? Don't you think that kind of sort of maybe, they would turn her down for the balance of her claim because she had signed a statement indicating her claim did not go back to 1987?

Please, don't help her. She's better off without you.

And herein lies the issue...my reading on both Reg E and the NACHA rules is that each and every transaction, in itself, is a new transacation. You are reading that the first one is new and each subsequent transaction isn't. You're entitled to your opinion, I'm entitled to mine. I've won every disputed item that I've fought for using this very same scenario.

I think the gym's attorney (should they even have one) is going to be less versed on banking laws and regulations than mine, and would recommend that the gym makes the customer whole. It has happened every time. No business needs bad publicity.

As bankers, we have a duty to assist our customers, even when they don't help themselves. You should remember that.

Sorry, anon, I'm with Happy on this one.

I think it's in the best interest of the bank to do absolutely everything possible for it's customer.

If the gym has no authorization on file, then is it possible that they never had one to begin with? Is it possible that they transposed an account number and the true person never said anything as they have gotten a 'free' gym membership? That same person also could quit their gym membership just as easily because they don't have to worry about fees and charges, correct?

Whether the gym needs to make her whole completely, I don't know (although there is a good argument to do so- I mean, if you are continuing to auto deduct someone, wouldn't you still want the autho on file? Isn't that good business practice or better yet REASONABLE?)

I think you have to do what you can. Period. To not do anything is a disservice to the customer.