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Credit Card Agreement

May 28, 2014

Contract – Credit Card – Evidence – Bills & Payments

FIA Card Services, N.A. v. Caviness (Lawyers Weekly No. 14-16-0481, 9 pp.) (Rick Elmore, J.) Appealed from Wake County District Court (Margaret Eagles, J.) N.C. App. Unpub. Holding: Although plaintiff failed to offer the parties’ credit card agreement into the record during the summary judgment hearing, plaintiff nevertheless proved at least an implied contract between […]

Oct 24, 2011

Contract – Credit Card Agreement – Applicable Version — Interest Rate

Citibank, South Dakota, N.A. v. Graudin Where the defendant-cardholder contends the interest rates charged by the plaintiff-credit card company exceeded those authorized by defendant’s original 1995 credit card agreement with plaintiff’s predecessor in interest, defendant has disputed the amount owed to plaintiff. We reverse summary judgment for plaintiff. Remanded.

Oct 20, 2011

Arbitration – Credit Card Agreement – Timeliness – Equitable Tolling

Portfolio Recovery Associates, LLC v. Freeman A debtor’s challenge to an arbitration award fails since: (1) he failed to challenge the award within the three-month time period prescribed by 9 U.S.C. §12; and (2) equitable tolling does not apply because he failed to file a motion to vacate the arbitration award.

Sep 8, 2011

Contract – Forum Selection Clause – Civil Practice – Choice of Law – Venue – Jurisdiction – Credit Card Agreement – Utah Law

Federated Financial Corp. of America v. Jenkins Even though the credit card agreement at issue contains a forum selection clause that says related litigation is to take place in Utah, since there is no rational nexus between Utah and either the parties or the contract transactions, the forum selection clause is unenforceable. We affirm the trial court’s denial of defendant’s motion[...]

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