Question
2. Assume State A applies the Second Restatement. Super Card Inc. is a credit card company headquartered in State A with its principal place of
2. Assume State A applies the Second Restatement.
Super Card Inc. is a credit card company headquartered in State A with its principal place of business there. Charlie Customer, a resident of State A, applies for a Super Card credit card which is approved. Customer owns a thriving local business with positive cash flow and has an excellent credit rating. He signs the cardholder agreement which states that the laws of State B will govern the agreement and payments will be made to Super Card Inc. in State A. The cardholder agreement provides for a fixed interest rate of 18.99% on purchases; however, if the cardholder fails to pay the minimum amount due by the due date, the interest rate is 28.99%. Charlie's purchases are all in State A where he wines and dines prospective clients at the finest restaurants. Charlie is delinquent paying his bill after one month and this continues for six months. Super Card Inc. brings a lawsuit in State A to recover for the entire balance calculated at the 28.99% interest rate. State A law provides that the maximum interest rate on agreements cannot exceed 14%, and it does not provide exceptions for credit card companies. State A law also states agreements that exceed the 14% rate areunenforceable.
The Court will:
A. Find State B law applies since that is what the parties chose.
B. Find that Super Card Inc. can choose any interest rate for its agreements.
C. Find that State B law violates a fundamental policy of State A.
D. None of the above.
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started