WEST PALM BEACH – A Wellington woman claims automatic withdraws were taken from her checking account without her written consent.
Shella Fleurisma filed a complaint on Jan. 27 in the U.S. District Court for the Southern District of Florida against Elan Auto Finance LLC citing the Electronic Fund Transfer Act.
According to the complaint, the plaintiff alleges that she orally agreed for the defendant to withdraw $536 per month for payment on a vehicle. The plaintiff holds Elan Auto Finance LLC responsible because the defendant allegedly initiated a fund transfer from the plaintiff's account without a written authorization, which is in violation of the EFTA.
The plaintiff requests a trial by jury and seeks statutory damages of $1,000, all legal fees plus interest and any other relief as the court deems just. She is represented by Alex D. Weisberg of Weisberg Consumer Law Group, PA in Cooper City.
U.S. District Court for the Southern District of Florida, West Palm Beach Division Case number 9:17-cv-80107-RLR