SKAAR & FEAGLE, LLP - Blog

Skaar & Feagle, LLP BRINGS EFTA CLASS ACTION

Wed, 30 Apr 2025 23:45:48 GMT

Skaar & Feagle, LLP has filed a class action lawsuit alleging that Navy Federal Credit Union violated the Electronic Funds Transfer Act by failing to provide consumer customers with all documents used in its investigation of disputed transactions.

The lawsuit alleges that funds were taken from the Plaintiff's account without her authorization. After the plaintiff disputed the transactions with Navy Federal, it denied her claim. The Plaintiff then requested all the documents Navy Federal relied on to reach its decision, a right provided by the Electronic Funds Transfer Act, 15 USC § 1693f(d). The Complaint alleges that Navy Federal responded by stating that it was unable to provide some documents used.

The lawsuit seeks relief on behalf of the Plaintiff and all others similarly situated who requested documents from Navy Federal after a dispute denial where Navy Federal did not provide all the documents.

We believe that this issue is common in the banking industry. If you are having an issue with your bank or other financial institution not refunding unauthorized transactions or providing documents upon your request, please call Skaar & Feagle, LLP at (404) 373-1970.

Attached is a pdf copy of the Alisa Meekins v. Navy Federal Credit Union case filed in the State Court of Gwinnett County, Georgia on April 30, 2025. Justin T. Holcombe of Skaar & Feagle, LLP is lead counsel for the Plaintiff and the Putative Class.

meekins_v._navy_compl_v03.pdf
File Size:	320 kb
File Type:	pdf

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Electronic Fund Transfer Act can help with payment app scams

Mon, 03 Oct 2022 20:14:10 GMT

Have you ever logged into your bank account online and thought to yourself ‘was I just scammed?’ because of a Zelle or Venmo transfer you didn’t authorize? Criminals and thieves have gotten more sophisticated with the use of technology. While online payment apps such as Zelle and Vemno provide a convenient service for consumers, these apps can also sometimes be abused by fraudsters who want to steal money out of your bank account.

There is a law - the Electronic Funds Transfer Act (EFTA) - that protects consumers from banking errors and unauthorized transfers such as these. However, it is important to note that not all transactions are covered, and it is your responsibility as the consumer to act first in order to trigger EFTA’s protections.

Although the EFTA doesn't cover paper check transactions, it does cover most common electronic transactions such as:

ATM Transactions
ACH Transactions (e-checks)
Debit Card Purchases
Wire Transfers

So, what about those popular payment apps like Venmo, Cashapp, or Zelle? Generally, the EFTA applies to those too, but there are some limitations.

Typically, fraud is due to a lost or stolen debit card or identity theft. In some cases, an identity thief has enough debit card information to make online purchases. In other cases, the thief has enough personal identifying information to trick the bank into giving them access to the consumer’s accounts. Some identity thieves will even call a consumer posing as a bank employee and trick them into revealing their usernames, passwords, and pins. In general, EFTA will protect the consumer when this happens.

The EFTA does not cover situations where the consumer knowingly provided access to a device or debit card. For example, if a consumer gave a loved one their debit card to buy groceries, and that loved one took it to the casino instead - that's not covered. The EFTA also does not cover voluntary transactions initiated by the consumer where the recipient is a fraudster. That is where consumers need to be particularly careful when using payment apps like Zelle and Venmo. If a fraudster can convince you - the consumer - to send them money through one of these apps, the EFTA will not protect you. Moreover, most banks include language in their consumer agreements where they expressly disclaim liability for these types of transactions.

As a consumer, you need to notify your bank within 60 days of a transaction appearing on a statement to be protected by EFTA. If you have a device that was lost or stolen with access to your account information you should notify your bank within 2 days to ensure protection for future transactions. A lost or stolen cellphone with a payment app may be considered the same way, and you should treat it as such.

If you have recently had unauthorized payment app transactions on your account, we encourage you to reach out to speak with an attorney at no cost to you. We may find a way to help you.

Credit report check-up

Mon, 12 Sep 2022 13:28:09 GMT

No one needs to tell you how important your credit history is. We strongly recommend that you review the contents of your three major credit reports (Equifax, TransUnion and Experian) at least annually.
Federal law provides that you have the right to get a complete copy of each of your credit reports. The three major credit reporting agencies have set up a single website to handle most consumer requests for reports:
www.annualcreditreport.com
(Federal law only requires free reports once a year, but at the beginning of COVID, the credit reporting agencies started to allow free reports weekly. As of this writing, the website still states that it offers weekly reports.)
We strongly recommend that you pull each separate report and take some time to look through them all. Significant things that might hurt your credit or indicate problems would include:

A report of an address where you have never lived
The appearance of accounts you do not recognize or remember opening
Collection items that you were unaware of
Inquiries at places where you never applied for credit

You should dispute any inaccuracies with the agency that has reported the incorrect information. It is important for you to not only dispute inaccurate account information, but to also dispute any inaccurate personal information - including different versions of your name, addresses and telephone numbers that you never used, social security number variations, and date of birth.
When disputing inaccurate information, we have found the best practices to be to:

Dispute in writing through Certified Mail (do NOT dispute by telephone or online)
Enclose a photocopy of each page of your credit report that has an error and clearly note on that page what the error is - for example “not my account”, “balance was paid and have proof”, “belongs to parent or sibling”, “never lived in that state”, “not correct year of birth”, etc.
Make sure to keep a copy of everything to send in as part of your dispute as well as your certified mailing receipts

The bureaus are required to respond to your dispute. If a credit reporting agency does not correct inaccurate information in response to your dispute, you may have a claim and we encourage you to reach out to speak with one of our attorneys at no cost to you. The Federal Fair Credit Reporting Act (FCRA) provides remedies including actual and statutory damages as well as attorneys fees, which may enable you to correct these errors without having to pay out of your own pocket.
You can call Jim Feagle at 404 373 1978 or Kris Skaar at 770 427 5600.

What if you have an eviction on your credit report, but you have never been evicted. What can you do?

Wed, 31 Oct 2018 22:12:54 GMT

First, gather all of your relevant credit reports.

There are a lot of specialty credit reporting agencies that serve the apartment industry. These specialty agencies are where the evictions are usually reported. Click the following link to see a list of these agencies (see pages 17 through 21 of the current edition of the CFPB's List of Consumer Reporting Companies): https://files.consumerfinance.gov/f/201604_cfpb_list-of-consumer-reporting-companies.pdf.

While the main three credit reporting agencies (TransUnion, Experian, and Equifax) do not usually have eviction data, you should probably get copies of those reports as well. You can get a free copy of each report once a year by following this link: www.annualcreditreport.com.

Additionally you should preserve all evidence that you timely paid any rent (as well as any other fees permitted under the lease, such as any termination costs). There may be rare occasions where the public record (if that is the problem) can be challenged, vacated, or otherwise dealt with.

Then consider consulting with a consumer protection attorney, as an attorney may be able to assist you in resolving your situation.

WHAT IF YOU ARE GARNISHED?

Fri, 01 Jun 2018 20:04:11 GMT

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Generally, garnishments are only allowed after a judgment has been entered against you in an earlier, separate court proceeding. If your wages or your bank account has been taken from you by a garnishment, the first thing to check is whether or not the garnishment is based on a valid judgment. Some courts have their records online, so we may be able to look at the court papers while you are on the telephone with one of our attorneys. (If the court involved does not have online records, then we may need you to go to the courthouse to get complete copies of the court file that has the judgment.) This first review is to see if there is a defect in the judgment or the process leading to the judgment. For example, if you were never given proper notice of the earlier lawsuit, then you would have grounds to challenge the garnishment and the underlying judgment against you.

Even if the judgment is not defective, there may be grounds to fight the garnishment. Certain funds (such as social security, retirement funds, workers compensation, etc.) are protected from garnishment even when they are in your bank account. While banks may preserve known protected funds from the garnishment (because the bank knows the source of direct-deposited funds), banks may not always get it right. If the bank messes up and holds protected funds, filings can be made in the garnishment to recover the protected funds. Even if the judgment is defect-free and no protected funds are involved, there may be defects in the garnishment process which invalidate the garnishment. Georgia law in this area has changed significantly in recent years, so it is important to have your garnishment case reviewed by a qualified attorney.