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FCBA

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3rd Cir. Establishes Fair Credit Billing Act Rules

by Scott J. Hyman |

In Krieger v. Bank of America, N.A., 2018 WL 2224393, at *5-8 (3d Cir. May 16, 2018), the Court of Appeals for the Third Circuit overturned a District Court order dismissing the plaintiff's Fair Credit Billing Act (FCBA) claim. On July 29, 2015, the plaintiff called the bank to dispute an allegedly fraudulent $657 charge which was first reflected on… Read More

District Court (N.C.) Says FCBA Claims Survives Against Credit Card Issuer but EFTA Claim Does Not

by Scott J. Hyman |

In White v. Chase Bank USA, N.A., 2017 WL 1131898, at *2–6 (E.D.N.C., 2017), Judge Britt held that an FCBA claim could proceed past the pleadings stage but an EFTA claim could not.  The Plaintiff adequately pleaded an FCBA claim. Plaintiff first alleges that Chase violated the billing dispute procedures contained in the FCBA because it failed to conduct a… Read More

11th Cir. Finds Dispute Over Origination Bleeds Over to FCBA Claim Against Bank who Issued the Credit Card that Paid for the Goods

by Scott J. Hyman |

In Rigby v. FIA Card Services, N.A., 2012 WL 4123389 (11th Cir. 2012), the Court of Appeals for the 11th Circuit found that an origination dispute regarding the sale of a time share could lead to an FCBA claim against Bank who issued the credit card that paid for the transaction. The Plaintiff had attended a sales presentation for a… Read More

District Court (N.J.) Says Finance Company Not Liabile Under FCRA/FDCPA/FCBA to Ex-Wife Who’s Divorce Decree Allocated Financial Responsibility to Ex-Husband

by Scott J. Hyman |

In Dunkinson v. Citigroup Inc., 2012 WL 32573 (D.N.J. 2012), Judge Sheridan addressed within the context of FCRA, the FCBA, and the FDCPA a situation often foisted upon finance companies:  a divorced husband and wife’s divorce degree allocates financial responsibility to one divorced party, and the non-obligor spouse seeks to bind the finance company to that decree.  Judge Sheridan properly… Read More

9th Cir. Says No Reliance Required for FCBA Claim; FCBA Allows Multiple Penalties

by Scott J. Hyman |

In Lyon v. Chase Bank USA, N.A., --- F.3d ----, 2011 WL 3805641 (9th Cir. 2011), the Court of Appeals addressed the penalties available under the Fair Credit Billing Act.  The Court of Appeals explained the factual and procedural history as follows:   This case originated with a misunderstanding regarding a $645 charge on the credit-card bill of Appellant Barbee… Read More

District Court (Cal.) Allows Rosenthal Act Claim, Denies FCBA and “Tort-in-Se” Theories

by Scott J. Hyman |

In Castellanos v. JP Morgan Chase & Co. 2009 WL 1833981 (S.D.Cal. 2009), Judge Huff held that the Plaintiff had sufficiently alleged facts to state a claim under the Rosenthal Act, but denied Plaintiff's claims under the Fair Credit Billing Act, and torts of invasion of privacy and "tort in se".    As to the FCBA claim, Judge Huff explained The Court concludes that Plaintiff… Read More