Jeremy Cobb submitted an apartment rental application to Common Properties Management Cooperative (Common) over the phone. Cobb authorized Common to debit his checking account for the $37.95 application fee. However,

Jeremy Cobb submitted an apartment rental application to Common Properties Management Cooperative (Common) over the phone. Cobb authorized Common to debit his checking account for the $37.95 application fee. However, the debit was returned by Cobb’s bank as unpaid, and Cobb was assessed a Non-Sufficient Funds (NSF) fee of $35.00 by Cobb’s bank, along with a $25.00 “returned fee” by PayLease, LLC (PayLease), Common’s financial institution. Cobb sued under the EFTA, alleging that the $25.00 “returned fee” had not been authorized. Was the $25.00 returned fee to Pay-Lease covered by the EFTA?


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