If Aeropay has emailed or written to you saying that a bank payment you made was returned and that you now owe the full amount plus fees, do not pay the balance and do not ignore the demand until you understand what the claim is and what New York law says about it. The Law Offices of Albert Goodwin represents New Yorkers being pursued by Aeropay and similar pay-by-bank processors over returned ACH deposits to prediction markets, sweepstakes casinos, daily fantasy platforms, and other online gaming sites.
What Aeropay Is and Why It Is Contacting You
Aeropay is a payment processor, not the platform you deposited money with. It provides "pay by bank" deposits for online operators, including prediction markets such as Polymarket and Kalshi and many sweepstakes and gaming sites. When you link your bank account and deposit, the platform usually credits your account immediately so you can trade or play before the transfer has actually cleared.
Aeropay guarantees those deposits to the platform. If your bank returns the transfer, whether for insufficient funds, a closed account, or a dispute, Aeropay reimburses the platform and pursues you for the money under its own user agreement. That is why the demand comes from Aeropay rather than from the site where the money was lost, and why the platform itself usually has nothing further to say to you.
Start With the Return Code
Every returned ACH transfer carries a return code assigned by your bank, and the code decides what kind of case you have.
- Insufficient funds or closed account (R01, R02, R03). You authorized the deposit, the platform credited it, and the transfer bounced. This is an ordinary contract dispute that can be defended and settled, and it is the situation we see most often.
- Unauthorized transaction (R10, R11). You told your bank you did not authorize the transfer. If that was true, you may owe nothing. If you authorized the deposit and disputed it anyway, you have a more serious problem, and you should talk to a lawyer before you say anything to Aeropay or to your bank.
Pull your bank statements, identify each returned transfer, and find the return code before you respond to anyone. That is the first thing we do in every matter.
Is the Debt Enforceable Under New York Law?
New York has some of the oldest and broadest anti-gambling contract statutes in the country, and they were written for exactly this kind of claim. Section 5-411 of the General Obligations Law declares all wagers and bets unlawful and provides that "all contracts for or on account of any money or property, or thing in action wagered, bet or staked" are void. Section 5-421 goes further and voids any obligation given "for the reimbursing or repaying any moneys knowingly lent or advanced at the time and place of such play" to a person gaming or betting.
Aeropay is not a bystander bank that happened to process a payment. It markets its services to gaming operators, and it guaranteed a deposit to a platform on which the money was staked. That is a close fit with the statutory language, and it is the reason a claim like this looks very different in New York than an ordinary unpaid bill.
Aeropay's answer is that prediction markets are regulated by the federal Commodity Futures Trading Commission and are therefore not "gaming" at all. Whether that is correct under New York law has not been decided. New York licenses sports wagering only through operators approved by the State Gaming Commission, prediction markets hold no such license, and several states have brought enforcement actions against these platforms. If your deposit went to a sweepstakes casino or an offshore site, the argument that the contract is void is stronger still. We cannot promise that a court would agree, but an unresolved question about whether the debt exists at all carries weight in negotiation, and it is one of the main reasons these claims resolve for far less than the demanded balance.
Your Rights Against Collectors in New York
New York regulates collection conduct at three levels, and each one gives you something to work with.
- General Business Law Article 29-H applies to principal creditors collecting their own debts, not just to collection agencies. It prohibits, among other things, threatening action the creditor does not intend to take, claiming a right the creditor knows it does not have, contacting your employer before judgment, and communicating with you so frequently or at such hours as to constitute harassment.
- State Department of Financial Services debt collection regulations require third-party collectors to provide written validation of the debt, itemize the amount claimed, and disclose when the statute of limitations may have expired.
- New York City's Consumer Protection Law and Department of Consumer and Worker Protection rules impose additional requirements on collectors contacting City residents, including limits on the frequency of contact, required disclosures, and rules governing email and text communications.
If Aeropay has placed your account with a collection agency, the federal Fair Debt Collection Practices Act applies as well, and a collector that violates it can be liable for statutory damages and your attorney's fees. We explain those claims on our FDCPA creditor harassment page. A collector with regulatory exposure has a reason to resolve your matter on reasonable terms.
Threats You May See in an Aeropay Demand
Some returned-payment demands reference bad check laws and threaten criminal prosecution or penalties. New York's bad check statutes, Penal Law section 190.05 and General Obligations Law section 11-104, apply to checks. An ACH debit authorization is not a check, and a transfer returned for insufficient funds is not a bad check offense. If a demand cites these laws, treat it as a pressure tactic rather than an accurate statement of your exposure, and keep the demand, because a threat of action the creditor cannot lawfully take is itself a violation of Article 29-H.
What Aeropay Can and Cannot Do to You in New York
Aeropay can report the returned payment to bank screening services such as ChexSystems or Early Warning, which can make opening a new bank account difficult. It can block you across the platforms in its network. It can send the account to a collection agency, and it can sue you or, if its user agreement requires it, compel arbitration.
If Aeropay does sue, New York's Consumer Credit Fairness Act may apply to the claim. If it does, Aeropay must attach the contract and an itemization of the balance to its complaint, the court clerk must mail you an additional notice, a default judgment cannot be entered without proof of those documents, and the statute of limitations is three years rather than six. We cover how those cases proceed on our page about defending a debt collection lawsuit in New York City Civil Court.
Even after a judgment, New York law protects a baseline amount in your bank account under the Exempt Income Protection Act, limits wage garnishment to ten percent of gross wages and only above a minimum earnings threshold, and exempts equity in your home up to a limit that depends on the county where you live. Knowing what is actually at risk is the starting point for deciding how much, if anything, a claim is worth paying.
Is Bankruptcy the Answer?
Rarely. A single claim of this size seldom justifies a bankruptcy filing. New York's homestead exemption is capped, so a Chapter 7 trustee can sell property with equity above the cap, and any investment property you own is fully exposed. A claim based on a returned payment is also the kind of debt a creditor may challenge as nondischargeable if it believes the deposit was made without the ability or intent to cover it. A negotiated resolution is almost always cheaper, faster, and less damaging. We will tell you plainly if your situation is the exception, and our page on alternatives to bankruptcy describes the other options.
How We Handle Aeropay Matters
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Verify the Demand
Returned-payment emails are a common phishing template. We confirm that the demand is genuine, that Aeropay actually holds the claim, and that the amount is correct.
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Get the Records
We obtain your bank records, the return codes, your account history on the platform, and the user agreements Aeropay relies on.
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Take Over Communications
We notify Aeropay in writing that you are represented, and the calls and emails to you stop.
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Assert Your Defenses
We put Aeropay on notice of the enforceability problem under the General Obligations Law and of its obligations under New York collection law.
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Negotiate a Resolution
Most of these matters resolve with a discounted lump-sum payment and a written release. We do not settle without your approval, and you decide the number you are willing to pay.
We handle most Aeropay matters for a flat fee quoted before any work begins, so you know the total cost up front. If Aeropay files a lawsuit or arbitration, which is uncommon for claims of this size, we will discuss a separate engagement to defend it.
What Not to Do
- Do not ignore the demand. Silence does not end the claim, and it costs you the ability to negotiate from a position of strength.
- Do not pay the full amount because the email says you must. The demanded balance is an opening position.
- Do not tell your bank a transfer was unauthorized if you authorized it. That can turn a civil dispute into something far worse.
- Do not explain, apologize, or make promises to Aeropay's collectors. Admissions can undermine your defenses.
- Do not make new deposits on any platform that uses Aeropay while the claim is open.
What to Have Ready When You Call
You do not need all of this to call us. It is what we will need to tell you what the claim is worth instead of giving you a general answer.
- The Aeropay email or letter, including the full sender address and any reference number
- Bank statements showing each deposit and each returned transfer
- The return code for each returned transfer, if your bank has given it to you
- Screenshots or emails from the platform where the deposit was made
- Any messages from a collection agency about the same account
- Whether you disputed any of the transfers with your bank, and what you told them
Frequently Asked Questions
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I have never heard of Aeropay. Is this a scam?
Aeropay is an operating company that does send these notices, but scammers imitate returned-payment emails. Do not click links in the email. We verify every demand through Aeropay's published contact channels before responding.
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Polymarket says my account is closed and I owe nothing. Why is Aeropay demanding money?
Because Aeropay guaranteed your deposit and paid Polymarket when the transfer was returned. The claim now belongs to Aeropay under its own agreement with you, not to Polymarket.
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Can Aeropay garnish my wages in New York?
Only after suing you and obtaining a judgment, and then only up to ten percent of your gross wages if your earnings exceed the statutory minimum. Aeropay would first have to win.
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Will this appear on my credit report?
Aeropay is not a traditional lender and does not typically report to the credit bureaus directly. A collection agency that receives the account may report it. Bank screening services are the more common consequence.
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How long does Aeropay have to sue me?
Three years if the claim is treated as a consumer credit transaction under the Consumer Credit Fairness Act, and otherwise six years for a written contract. Either way, waiting it out is a long and uncertain strategy compared to resolving the claim now.
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How much will I end up paying?
Every matter is different and we cannot promise a result. In our experience, claims of this kind are frequently resolved for a fraction of the demanded balance when the debtor is represented, the defenses are asserted, and a lump sum is available. Prior results do not guarantee a similar outcome.
Aeropay, Polymarket, and Kalshi are trademarks of their respective owners and are not affiliated with this firm.