On June 27, 2012, Abigail Strubel opened a Victorias Secret brand credit card to purchase an item
Question:
On June 27, 2012, Abigail Strubel opened a Victoria’s Secret brand credit card to purchase an item for $19.99. The card was issued by Comenity Bank and the credit card agreement provided by Comenity disclosed certain consumer rights under the Truth in Lending Act. On June 27, 2013, Strubel filed a class action against Comenity Bank seeking statutory damages under the TILA for problems in the disclosures contained in the credit card agreement. Strubel’s contended that Comenity failed to disclose four items: Failing to clearly disclose that
(1) Cardholders wishing to stop payment on an automatic payment plan had to satisfy certain obligations;
(2) The bank was statutorily obliged not only to acknowledge billing error claims within 30 days of receipt but also to advise of any corrections made during that time;
(3) Certain identified rights pertained only to disputed credit card purchases for which full payment had not yet been made, and did not apply to cash advances or checks that accessed credit card accounts;
(4) Consumers dissatisfied with a credit card purchase had to contact Comenity in writing or electronically.” The district court granted Comenity’s motion for summary judgment and Strubel appealed. For each of the four claims alleged by Strubel, write who the appellate court rule in favor of and what its reasoning was.
Step by Step Answer:
Dynamic Business Law The Essentials
ISBN: 9781260253382
5th Edition
Authors: Nancy Kubasek, M. Neil Browne, Daniel Herron, Lucien Dhooge, Linda Barkacs