Electronic Submission of checks

[disabledinnj]

Ok, I know businesses are trying to cut costs, and have taken to submitting checks electronically. Companies like Verizon and PSE&G are doing it and more will probably follow. I know the law allows this. I also know that the law requires a method of "opting out". I prefer to opt out because otherwise, I do not have a copy of the check which in many cases is my receipt.

I have "opted out" 4 times with PSE&G. That is, I have called their customer service number and opted out 4 times. They continue to electronically submit my checks. They do this despite the fact that the checks themselves are marked "NOT VALID FOR ELECTRONIC FUND TRANSFER OR SUBMISSION".

My bank won't do anything about it.

So, the question I have for people here is, how do I get PSE&G to stop submitting my checks electronically?

[zelner]

First let me agree with you on this issue. I never liked the idea of not getting the actual check back. This is the best proof that a bill has been paid and it just feels good to have that proof in your possession.

As for PSE&G, I would call them one more time and ask to opt out. Get the name of the person you spoke to and document the substance of the conversation. If feasable you should record the conversation.

As you know the check is destroyed in 14 days if the check is processed the "new way" (electronically). If PSE&G still refuses to folow your opt-out instructions then you call them after 14 days and ask for the original check to be sent to you. If the refuse or admit that it has been destroyed then you file suit in NJ Superior Court for trespass to chattels. You can file the suit in Special Civil part which is like a small claims court. This lawsuit will certainly get their attention.

[disabledinnj]

Filing a suit as you suggest is expensive, and probably time-consuming especially since their lawyers will probably inundate me with discovery requests or other paperwork. Furthermore, as a lawyer I know pointed out, this might be considered by the judge to be a frivolous suit and I might have to pay PSE&G's legal bills. The judge might wonder what my complaint is since my bill is paid and "it's only a piece of paper" that I'm complaining about.

I'm thinking instead to send them a letter, by certified mail, telling them that for each check processing electronically, I'm charging them $25 and that by submitting my check electronically, they agree to pay me $25 and they further agree that I can deduct it from the next month's payment.

Then, when PSE&G tries to cut off my service or something, I have a MUCH stronger argument against them, and *they* are seen as the ones potentially wasting the court's time.

BTW, one of the reasons why I'm so insistent on getting my check from them back is that I've had billing problems with them in the past. I've been marking my checks "PAYMENT IN FULL" as a result of previous disputes. With the checks not being processed through my bank, I don't get the check back showing that I paid in full. I can't rely on PSE&G to provide the copy of the check in a billing dispute knowing that the check would prove they are in the wrong.

[zelner]

Well, if you are not familiar with filing a lawsuit then it may be a little complicated. It won't be frivilous because you would be suing pursuant to a governemt law or regulation. You have a right to opt-out and suffered damages because PSE&G refused to comply with the law.

You can go ahead and send the letter that you described but if you may ultimately have to file a lawsuit against PSE&G to collect the $25.00.

[disabledinnj]

Well, if you are not familiar with filing a lawsuit then it may be a little complicated. It won't be frivilous because you would be suing pursuant to a governemt law or regulation. You have a right to opt-out and suffered damages because PSE&G refused to comply with the law.

You can go ahead and send the letter that you described but if you may ultimately have to file a lawsuit against PSE&G to collect the $25.00.

Or, I can just deduct it from the next month's payments...

[zelner]

Deducting the $25 from you PSE&G payment won't work. Another thing you may try is to contact the NJ Division of Consumer Affairs and ask them for help. The opt-out provision is arguably a consumer law. Also, try contacting the Board of Public Utilities in Newark. It is a long shot but they may be able to help you.