SMC Specialty Mechandise Corporation & EMC Emerchant Club SMC Specialty Mechandise Corporation & EMC Emerchant Club & Merch Membership fraudulent billing Simi Valley California

Thanks so much for this information!
Now,,, I was going to go TODAY (4-4-07) to close out my Banking account, and go to a different Bank. (After 23 years of Banking with them)! But guess what??? I received a e-mail that FINALLY says that My membership with SMC was cancelled as of 4-3-07 !!!! And I should be expecting a refund of $144.80 with in the next 3-5 days!!!!
Now, I'm still spectable about this, but I will have to wait and see.

Between Emerchants and SMC, I should be receiving more of a refund, but Emerchants has declined my refund. But said They have me cancelled.

I wouldn't doubt if they STILL take my money out again, but I'll have to wait and see now.
This has been the most stressfull 3 months, (almost 4) that I have ever had to deal with in my life!! I have been put on extra medications because of it!! If anyone ever needs my help in getting something done with this SMC Corporation please let me know! I'd love to see them pay for what they do to people!

AND their commercial makes me SICK everytime I see it!
I will keep a update on what happens. "Linda"

Thanks for the information! Greatly appreciated!!
I will take to my bank when I go to close my account!

My bank said, Even if I changed my account and debit card number, that they could still take my payments out because it goes through Visa (debit) Hummmm!!! ?????

I'm planning on closing my Bank and Debit account and going to a different Bank all togethere. Thanks again for the info.

Linda, I don't know who your bank is, but they are lying to you. SMC does not have to stop the payment. If you did as was stated according to the terms of SMC for a refund, then by law, SMC owes you the refunds. In addition, by SMC continuing to take money out of your bank account, that is considered an "unauthorized transaction."

When you explained to the bank the situation, by law, they should have canceled this as it was fraud on part of SMC. You may hear everyone saying to tell your bank about "Federal Regulation E." That is true, however, here are more specifics. Under Federal Regulation E 205.6(b)(3) it states:

"(3) Periodic statement; timely notice not given. A consumer must report an unauthorized electronic fund transfer that appears on a periodic statement within 60 days of the financial institution's transmittal of the statement to avoid liability for subsequent transfers. If the consumer fails to do so, the consumer's liability shall not exceed the amount of the unauthorized transfers that occur after the close of the 60 days and before notice to the institution, and that the institution establishes would not have occurred had the consumer notified the institution within the 60-day period. When an access device is involved in the unauthorized transfer, the consumer may be liable for other amounts set forth in paragraphs (b)(1) or (b)(2) of this section, as applicable. "

This basically means that if after the initial time of 2 days, 205.6(a), then you are allowed an extension. In addition, when you gave SMC the permission to automatically deduct the amount from your bank account, that is known as a "preauthorized transfer." You have the legal right to stop payment on a preauthorized transfer. Under 205.10(c) it states:

"(c) Consumer's right to stop payment--(1) Notice. A consumer may stop payment of a preauthorized electronic fund transfer from the consumer's account by notifying the financial institution orally or in writing at least three business days before the scheduled date of the transfer. "

This translates as the bank violation multiple sections of Federal Regulation E. Furthermore, the bank violation Federal Regulation E again by denying you the right to have an error corrected. Under Federal Regulation E 205.11 you have the right to have an error corrected. Specifically, under 205.11(a)(i), the definition of an error is:

"(i) An unauthorized electronic fund transfer;"

I would contact the bank again with this information I have given you. In addition, you can file complaints with the FDIC (Federal Deposit Insurance Commission) and the Illinois Department of Financial Institutions: Division of Banking. Links for filing complaints are under the resources below.


Resources
---------

Federal Regulation E - fdic.gov/regulations/laws/rules/6500-3100.html

Illiois Department of Financial Institutions: Complaint Information - obre.state.il.us/cbt/DidYouKnow/FileAComplaint.htm

FDIC Complaint Form - fdic.gov/starsmail/index.asp

Linda, I don't know who your bank is, but they are lying to you. SMC does not have to stop the payment. If you did as was stated according to the terms of SMC for a refund, then by law, SMC owes you the refunds. In addition, by SMC continuing to take money out of your bank account, that is considered an "unauthorized transaction."

When you explained to the bank the situation, by law, they should have canceled this as it was fraud on part of SMC. You may hear everyone saying to tell your bank about "Federal Regulation E." That is true, however, here are more specifics. Under Federal Regulation E 205.6(b)(3) it states:

"(3) Periodic statement; timely notice not given. A consumer must report an unauthorized electronic fund transfer that appears on a periodic statement within 60 days of the financial institution's transmittal of the statement to avoid liability for subsequent transfers. If the consumer fails to do so, the consumer's liability shall not exceed the amount of the unauthorized transfers that occur after the close of the 60 days and before notice to the institution, and that the institution establishes would not have occurred had the consumer notified the institution within the 60-day period. When an access device is involved in the unauthorized transfer, the consumer may be liable for other amounts set forth in paragraphs (b)(1) or (b)(2) of this section, as applicable. "

This basically means that if after the initial time of 2 days, 205.6(a), then you are allowed an extension. In addition, when you gave SMC the permission to automatically deduct the amount from your bank account, that is known as a "preauthorized transfer." You have the legal right to stop payment on a preauthorized transfer. Under 205.10(c) it states:

"(c) Consumer's right to stop payment--(1) Notice. A consumer may stop payment of a preauthorized electronic fund transfer from the consumer's account by notifying the financial institution orally or in writing at least three business days before the scheduled date of the transfer. "

This translates as the bank violation multiple sections of Federal Regulation E. Furthermore, the bank violation Federal Regulation E again by denying you the right to have an error corrected. Under Federal Regulation E 205.11 you have the right to have an error corrected. Specifically, under 205.11(a)(i), the definition of an error is:

"(i) An unauthorized electronic fund transfer;"

I would contact the bank again with this information I have given you. In addition, you can file complaints with the FDIC (Federal Deposit Insurance Commission) and the Illinois Department of Financial Institutions: Division of Banking. Links for filing complaints are under the resources below.


Resources
---------

Federal Regulation E - fdic.gov/regulations/laws/rules/6500-3100.html

Illiois Department of Financial Institutions: Complaint Information - obre.state.il.us/cbt/DidYouKnow/FileAComplaint.htm

FDIC Complaint Form - fdic.gov/starsmail/index.asp

Linda, I don't know who your bank is, but they are lying to you. SMC does not have to stop the payment. If you did as was stated according to the terms of SMC for a refund, then by law, SMC owes you the refunds. In addition, by SMC continuing to take money out of your bank account, that is considered an "unauthorized transaction."

When you explained to the bank the situation, by law, they should have canceled this as it was fraud on part of SMC. You may hear everyone saying to tell your bank about "Federal Regulation E." That is true, however, here are more specifics. Under Federal Regulation E 205.6(b)(3) it states:

"(3) Periodic statement; timely notice not given. A consumer must report an unauthorized electronic fund transfer that appears on a periodic statement within 60 days of the financial institution's transmittal of the statement to avoid liability for subsequent transfers. If the consumer fails to do so, the consumer's liability shall not exceed the amount of the unauthorized transfers that occur after the close of the 60 days and before notice to the institution, and that the institution establishes would not have occurred had the consumer notified the institution within the 60-day period. When an access device is involved in the unauthorized transfer, the consumer may be liable for other amounts set forth in paragraphs (b)(1) or (b)(2) of this section, as applicable. "

This basically means that if after the initial time of 2 days, 205.6(a), then you are allowed an extension. In addition, when you gave SMC the permission to automatically deduct the amount from your bank account, that is known as a "preauthorized transfer." You have the legal right to stop payment on a preauthorized transfer. Under 205.10(c) it states:

"(c) Consumer's right to stop payment--(1) Notice. A consumer may stop payment of a preauthorized electronic fund transfer from the consumer's account by notifying the financial institution orally or in writing at least three business days before the scheduled date of the transfer. "

This translates as the bank violation multiple sections of Federal Regulation E. Furthermore, the bank violation Federal Regulation E again by denying you the right to have an error corrected. Under Federal Regulation E 205.11 you have the right to have an error corrected. Specifically, under 205.11(a)(i), the definition of an error is:

"(i) An unauthorized electronic fund transfer;"

I would contact the bank again with this information I have given you. In addition, you can file complaints with the FDIC (Federal Deposit Insurance Commission) and the Illinois Department of Financial Institutions: Division of Banking. Links for filing complaints are under the resources below.


Resources
---------

Federal Regulation E - fdic.gov/regulations/laws/rules/6500-3100.html

Illiois Department of Financial Institutions: Complaint Information - obre.state.il.us/cbt/DidYouKnow/FileAComplaint.htm

FDIC Complaint Form - fdic.gov/starsmail/index.asp