body: This morning, I was reading [this article](https://consumerist.com/2016/06/22/comcast-admits-it-incorrectly-debited-1775-from-account-tells-me-to-sort-it-out-with-bank/) on the Consumerist about a man who cancelled his business service with Comcast. In summary, he had an early termination fee of $1,775 debited from his bank account, which shouldn't have happened because it was past the term of his two-year contract. Comcast do not dispute those facts, and have repeatedly told him that a check was on its way but, two years later, the man has still not been unable to get a refund. At one point, he was told by a company representative that refunds are not issued in these circumstances, and that he should instead dispute the charge with his bank.
  
  
  I am interested in the potential criminal liability in a situation like this (not necessarily this one) where a company knowingly takes money it is not due from someone's bank account and clearly has no intention of returning it.
  
  
  Specifically:
  
  
  1. Could the victim report this as fraud, theft or some other related crime?
  2. Would the answer to the previous question differ based on whether the victim was eventually able to recover the money through litigation or by disputing the charge with their bank?
  3. Would the company itself or the specific employees involved be liable?
  4. Would a binding arbitration clause in the contract have any effect on criminal liability (I believe not)?
  
  
  I would be especially (but not exclusively) interested in answers covering either the United States or Canada (especially Québec).
  
  
  
title: Company knowingly debit fees it is not due from bank account and does not return it: is this fraud or theft?