KROGER GROCERY Returned check fees being processed as a check to your bank account Cincinnati, Ohio

The bounced check fee will bear the same number as the check it's related to. That's just a bank fact; not some sort of scam. How else do you supposed Kroger would get the money for the fee? Bill you for it? Come on.. think a little.

While its true the customer did write a bad check that doesn't give the merchant the ability to write another check on the consumers behalf to cover its fees.

As you stated merchants have many avenues to collect. Simply putting a consumer on TeleCheck or ChexSystems will suspend their writing privileges indefinitely. Merchants also have civil and criminal avenues to peruse.

If we were to apply this to say loan companies would it be OK if they created checks on the purchasers behalf to cover late or over the limit fees? It's the same thing..a fee is a fee.

If someone knows of a regulation that allows a merchant to create a paper check on the consumer's behalf without their authorization please post it. As far as I can tell there is only one option and that's through ACH conversion, an electronic check. The merchant must give you written notice of this.

Please keep in mind mistakes happen, not all people who bounce a check are trying to ripoff the merchant, or even "float" a check.

I'm not sure on the law regarding this issue, particularly in the State of Texas.

But I think that you may be incorrect in classifying the manner in which the debit is presented as an RCC. It may, in form, be the same thing. But that does not necessarily mean that the same set of laws applies. In fact, the statute cited specifically refers to "a bank that transfers or presents a remotely created check . . ." By the plain language of the statute it does not apply to Kroger.

Also, Regulation CC applies to deposited funds availability. It has nothing to do with debits from accounts.

Here in Michigan, most stores that accept checks have a standard sign, posted at the register, informing you that the $25 NSF fee will be automatically deducted from your checking account.

And I've got to concur with Robert's closing implication. I can't even fathom why retail stores still accept paper checks. They inconvenience the other people in line and create an unecessary risk for the store, the cost of which is certainly passed on to consumers at large.

And, given that every checking account comes with a debit card these days, the only reason I can think of for someone to use a paper check at the grocery store is because they don't have any money in their account.

Bottom line, I can't see where Kroger has done anything wrong here. The only problem for the OP seems to be that the collection of the $25 caused further overdrafts.  

While I do not know Texas law the statute you listed it appears to deal with a check when it is originally written.  There are probably additional statutes that deal with how they can handle(and resubmit) checks and the fees once it is returned by the bank.

FYI, there are additional statutes that allow them to prosecute the check writer for check fraud if they decide to go that route.  You can look up Penal Code Section 32.41 of the Texas State Statutes.

It is my opinion the reason they are doing it this way is to take advantage of the customers bank bounce protection.

- Your right how dare they try and take advantage of this.  I mean after the consumer wasn't trying to take advantage of anything were they.  Oh wait they probably were.  They were probably trying to take advantage of the "float" and when they bet they could beat the money back to the bank..they lost.