In future, don't use your debit card to pay in restaurants or other public
establishments where you cannot control what's put on your tab.
Whether you use a debit card or a credit card you can control what is put on your tab simply by looking at the receipt, and checking the amount, before you sign it. Even if you are not asked to sign the receipt, you still need to check your copy to be sure about the amount you were charged.
I learned that the hard way. I purchased a $14 item, signed the receipt without looking at it (because I didn't have my glasses on), and several days later discovered that the vendor had made an error and charged me $1400. The vendor apparently also realized his error, but did not correct it on his own. He waited for me to come back to his shop, then he issued a credit for $1400 and entered a new charge of $14.
These transactions were all on my debit card (used as a credit card). Fortunately, because I have about $2600 in overdraft protection on my checking account, the error would not have caused my other checks or purchases to bounce. Even if the overdraft funds had been drawn on, I would not have incurred any additional fees as long as the overdraft was repaid within 30 days.
I could have avoided needless hassle simply by checking the amount before I signed the bill for my original purchase. I now take out my glasses and read before I sign, or I immediately check the amount on the receipt if I am not required to sign.
littlek, if the situation has not been resolved by now, I would go back to the restaurant and speak to the manager. It is better if you can do this in person, rather than on the phone. If the restaurant had corrected their error immediately, a credit for about $60 should either already appear in your account or appear as "pending". If they haven't corrected the error, you can make sure they immediately credit you for the entire amount you were originally charged, and then you can pay them what you actually owed. But, if you do this in person, you will be sure the matter is finally resolved to your satisfaction.
Do you still have the original receipt from the restaurant? Obviously it will be easier if you do, because it will have a transaction number on it. Did you sign for and authorize a $90 charge, or was the amount changed (and increased) after you received your receipt? In other words, was the problem due to the fact that you didn't notice you were being charged $90 when they handed you your receipt, or was it due to possible fraud on the part of the restaurant? For instance, did your friends pay their bill in cash, but the entire $90 still was charged against your debit card, and you just didn't notice that at the time? If that was what happened, it might have been due to honest error on the part of a harried waitor/waitress, or it might have been fraud--they pocket the cash, but charge you anyway.
If there is any question that the restaurant might have done something fraudulent, or even an innocent error which could be misconstrued as fraud, they should be willing to bend over backwards to straighten this situation out for you ASAP, because you can damage them if you start complaining about such things to your bank, the Better Business Bureau, etc. Even if no fraud was involved, most reputable businesses want to keep customers happy, and they should be willing to do whatever they have to--like issuing an immediate credit for the full amount you were charged, and redoing the transaction from scratch. But this will be most easily accomplished if you do this in person. Print out a copy of your checking account transactions that shows the amount that you were debited in the restaurant. Black out your account number, and take the copy to the restaurant with you.
In these kinds of situations I think your bank really does very little. They are really just the middleman, and they generally expect you to work out the problem with the vendor. You should be able to work it out with the vendor.
As to who should pay your overdraft fees, if there are any, that depends who was at fault. If you didn't chack your receipt in the restaurant, you are at fault too, so I'd think you are responsible for incurring those fees.
As OCCOM BILL has mentioned, the restuarant might have put a "hold" on an amount greater than your bill, but this is not the amount you will be finally charged. Some businesses do this, to protect themselves, and it is one downside of using debit cards as credit cards if you do not have a lot of money in your checking account or if you don't have overdraft protection on the account.
I really hope by the time you read this, littlek, that the problem has already been resolved.
I use my debit card as a charge card all of the time. I only use a regular charge card for online purchases, or if I purchase a major item on which I want additional warrenty protection. It's the best way for me to keep track of my spending, and I don't have to carry around a lot of cash.
But always use the debit card as a credit card. Do not use it as a pure debit card, when you make purchases, so that you have to enter your PIN on the vendor's machine. I was the victim of identity theft, and had money withdrawn from my checking account, via an ATM, because hackers broke into a vendor's system and obtained both my account number and my PIN. Fortunately, my bank's security system picked up on the fraudulant ATM withdrawal before I did, and they blocked my checking account to prevent further withdrawals, and they replaced the money I lost. But it took several weeks to straighten out, and it was very aggravating. If someone has only the account number, without the PIN, they can't do that sort of thing. So I still use my debit card while shopping, but I only use it as a credit card, and that does not require my PIN.