[KY] [KY] Do I have grounds for a consumer protection lawsuit?
1) Understanding the problem:
- You negotiated a settlement for $1,095.57 on a $2,191.14 balance.
- That same payment was taken twice (likely a glitch).
- You disputed it with both Cash App and Goldman Sachs; both denied your claim despite a case number.
- They’re now asking for a questionnaire and have bounced you between reps.
This raises potential violations of the Electronic Funds Transfer Act (EFTA) and—because it involves a credit card—the Fair Credit Billing Act (FCBA). Both require investigation of billing errors and supporting documentation for denials.
2) What shows you “have a case”:
- Proof of the duplicate payment: bank/Cash App records showing two withdrawals for the same amount/date.
- Proof of the settlement agreement: written confirmation of the one-time $1,095.57 settlement to close the account.
- Record of your dispute: emails, case numbers, and responses showing timely dispute and inadequate resolution.
If you have (1) duplicate withdrawal, (2) written settlement, and (3) repeated denials without valid explanation, you have strong grounds for a legal claim or regulatory complaint.
3) Next steps before suing:
- Demand a written explanation: Send Goldman Sachs (the card issuer) a formal dispute letter referencing the FCBA; attach your statement; demand the documentation supporting their denial. Send by certified mail.
- Escalate to regulators: File a complaint with the CFPB. Also file with the Kentucky Attorney General’s Consumer Protection Division.
- Small claims court: If unresolved, file in Henderson County against Goldman Sachs Bank USA and possibly Cash App for the second $1,095.57 and any allowable damages. Kentucky’s small-claims limit is $2,500.
4) Keep in mind:
- You don’t need an attorney for small claims, but bring the settlement letter, bank statement, and correspondence.
- CFPB complaints often prompt meaningful responses.
- Organization and documentation are key.
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Letter of Intent to Sue
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How do I know that I have a case against Cash App and Goldman Sachs Bank if we agreed on a settlement for a credit card debt that somehow took the agreed-upon payment twice, but Cash App and GSB keep denying my claim?
Lexi, Chatbot
I'm sorry to hear about the trouble you're facing with Cash App and Goldman Sachs Bank. Have you tried reaching out to their customer service departments regarding this issue?
Yes, multiple times to each, and they keep denying my claim.
Lexi, Chatbot
Can you provide more details about the settlement agreement you had in place for the credit card debt with Cash App and Goldman Sachs Bank?
I had a total debt of $2,191.14, so I contacted them to negotiate a settlement to close the account. We agreed on one payment of $1,095.57. I made the payment the same day I contacted them, but there was a glitch or something, and TWO payments of $1,095.57 were taken out of my account.
Lexi, Chatbot
Is there anything else the consumer protection lawyer should know before I connect you? Rest assured they’ll be able to help with your settlement agreement issue.
Yes. I requested the documentation from Cash App (the kind they offer when they deny a claim). I gave them the case number, and then they wanted me to fill out a full-page questionnaire after I’d been shifted around to about 10 different people over the course of several emails in the same thread.
Brandon
Hi there and welcome to AskaLawyer. My name is Brandon and I'm an attorney. I’d be happy to help. Where are you located?
Henderson, Kentucky. And hello!
Brandon
1) Understanding the problem:
- You negotiated a settlement for $1,095.57 on a $2,191.14 balance.
- That same payment was taken twice (likely a glitch).
- You disputed it with both Cash App and Goldman Sachs; both denied your claim despite a case number.
- They’re now asking for a questionnaire and have bounced you between reps.
This raises potential violations of the Electronic Funds Transfer Act (EFTA) and—because it involves a credit card—the Fair Credit Billing Act (FCBA). Both require investigation of billing errors and supporting documentation for denials.
2) What shows you “have a case”:
- Proof of the duplicate payment: bank/Cash App records showing two withdrawals for the same amount/date.
- Proof of the settlement agreement: written confirmation of the one-time $1,095.57 settlement to close the account.
- Record of your dispute: emails, case numbers, and responses showing timely dispute and inadequate resolution.
If you have (1) duplicate withdrawal, (2) written settlement, and (3) repeated denials without valid explanation, you have strong grounds for a legal claim or regulatory complaint.
3) Next steps before suing:
- Demand a written explanation: Send Goldman Sachs (the card issuer) a formal dispute letter referencing the FCBA; attach your statement; demand the documentation supporting their denial. Send by certified mail.
- Escalate to regulators: File a complaint with the CFPB. Also file with the Kentucky Attorney General’s Consumer Protection Division.
- Small claims court: If unresolved, file in Henderson County against Goldman Sachs Bank USA and possibly Cash App for the second $1,095.57 and any allowable damages. Kentucky’s small-claims limit is $2,500.
4) Keep in mind:
- You don’t need an attorney for small claims, but bring the settlement letter, bank statement, and correspondence.
- CFPB complaints often prompt meaningful responses.
- Organization and documentation are key.
Thanks!
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