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A new federal lawsuit in California could affect what happens when health-benefits systems accidentally double bill plan participants.
Dave Vaccaro, a Los Angeles resident, says Optum Rx, a subsidiary of UnitedHealth, authorized a single debit from his bank account for a prescription purchased Nov. 15, 2024.
Optum Rx correctly pulled $150.28 from Vaccaro's bank account Nov. 18, 2024, then debited Vaccaro's account a second time Nov. 19, 2024, according to a complaint Vaccaro filed Monday in the U.S. District Court for the Central District of California.
Vaccaro says the extra bank account debits violated the federal Electronic Funds Transfer Act.
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In the complaint, Vaccaro accused Optum Rx of violating the federal Electronic Funds Transfer Act and of "common law conversion," or of taking consumers' funds without authorization.
Vaccaro is seeking to represent a class of U.S. residents "whose bank accounts were debited on a recurring basis" by Optum Rx "without defendant obtaining a written authorization signed or similarly authenticated for preauthorized electronic fund transfers" between Aug. 4, 2024, and Aug. 5, 2025, and a separate class of U.S. residents affected by common law version during that period, according to the complaint.
Vaccaro estimates in the complaint that the class could include hundreds of people.
Vaccaro is seeking statutory damages of $1,000 per class member affected by the alleged funds transfer law violations, actual damages, attorneys' costs and fees, interest and other relief.
Representatives for Vaccaro and for Optum Rx could not immediately be reached for comment.
California has been a popular jurisdiction for plaintiffs seeking to organize federal class-action suits related to concerns such as health insurers' use of website tracking systems.
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