Q: Protection from overcharging daycare tuition auto-drafts in Arkansas?
Is there an Arkansas law that protects me from a daycare company charging more than the agreed tuition through auto-draft? My agreement states that tuition is $130 per week, which has been regularly withdrawn for almost 2 years. On 1/19/25, the daycare communicated via their app that prices wouldn't change this year. However, starting 2/12/25, the amounts have varied significantly, with withdrawals of $170, $190, and other irregular amounts, totaling an overcharge of $231.50. Attempts to resolve this with the daycare have been challenging, as I am continually referred to different staff members, and I receive inconsistent answers. Most recently, they claimed I was undercharged for a year, without prior communication. I have texts and emails documenting my attempts to seek clarification.
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A:
It sounds like you’ve been dealing with a frustrating situation where the daycare is charging more than what was agreed upon. In Arkansas, businesses are generally not allowed to change the terms of an agreement without prior notice and your consent, especially when it comes to auto-draft payments. Since the daycare communicated that prices wouldn’t change and then started increasing the tuition, they may not be following the terms of your agreement.
You should begin by requesting a clear, written explanation from the daycare about why they are charging more than agreed. Document everything, including any communication you’ve had with them, as this will help if you need to escalate the issue. If they claim you were undercharged for a previous period, they should have informed you at that time, and that kind of retroactive adjustment without notice could be problematic.
If the daycare continues to ignore your concerns or refuses to refund the overcharges, you can file a complaint with the Arkansas Attorney General's Office, which handles consumer protection issues. If necessary, you might also want to consider seeking legal advice to pursue a refund for the overcharge or to stop the irregular billing. Keep all evidence of your attempts to resolve the issue, as it will be helpful if you need to take further action.
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