My bank tells me I can't stop companies from electronically drafting my account when I send them a check. This doesn't allow me to get a copy of the check I wrote. Is this true or can I stop this from happening?
Although billing companies are not required to tell you this, you do have a right to tell them not to convert your checks. You should contact the company and ask them how to go about it.
The rules of the National Automated Clearinghouse Association (NACHA), which the billing company is obliged to follow, require that the Originator of an ARC check conversion entry (the biller who converts your check into an ACH electronic entry) have a reasonable method in place for you to opt out of having your checks converted, and when you opt out, that decision is binding on the Originator unless you later change your mind.
If the billing party can't tell you what the process is to opt out, we suggest enclosing a clear, simple notice with your payment: "I opt out of having my checks converted to ACH entries. You are not authorized to convert any checks I send as payments on my account with you, until I notify you to the contrary."
If the biller ignores your opt-out statement, you have a right to make a claim with your bank that any ACH check conversion entry originated by that payee was not authorized, and ask to sign a Written Statement Under Penalty of Perjury to that effect. Do so within 15 days after your bank statement is delivered to protect your right to a refund.
All of that is rather cumbersome, we must admit. As more and more businesses start trying to save time and money by converting checks received in the mail or at the point of purchase, you could find that it's just easier to work with them rather than against them. Your statement includes the check number and the date of payment along with the merchant's name. That's proof of payment, in almost every case.
Now if a bank would come up with a good way to include those converted checks in the "checks in order" section of the statement to make reconciliation easier ....
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Although billing companies are not required to tell you this, you do have a right to tell them not to convert your checks. You should contact the company and ask them how to go about it.
