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Bluth Family, Inc. (Bluth Family) is a Florida corporation that offers a credit program by which people with poor credit histories can restore their creditworthiness.

Bluth Family, Inc. ("Bluth Family") is a Florida corporation that offers a credit program by which people with poor credit histories can restore their creditworthiness. Essentially, the program allows these consumers to obtain a Bluth Advantage card, which can then be used to purchase items from Bluth Family catalogs. Once these consumers purchase the merchandise from these catalogs and timely pay for the same, Bluth Family makes favorable reports to credit bureaus. This then puts these consumers in a favorable position to apply for other credit cards, including bank cards such as those on the Visa and MasterCard networks.

Bob Loblaw, a law school graduate, waiting for his bar exam results, received a postcard from the Bluth Family that said:

CONGRATULATIONS! YOU HAVE BEEN SELECTED TO RECEIVE A CREDIT CARD with an unsecured credit limit of $4,000 GUARANTEEDregardless of your past credit history!Plus a FREE 3 Days & 2 Nights in Magical Orlando, FL!

You are GUARANTEED your very own credit card with an initial credit limit of $4,000 regardless of your past credit history, plus a limited time only, completely FREE, 3 Days and 2 Nights in Magical Orlando, FL.

For IMMEDIATE activation and issuance of your credit card CALL 1-800-0000 NOW

9 A.M. to 9 P.M. Monday through Friday!

THIS IS A LIMITED TIME OFFER!

Knowing that he would need access to a line of credit soon, Bob called the number listed on the postcard and talked to a representative. The representative said that he could obtain an unsecured credit card with a $4,000 credit limit with a 97% interest rate. Bob gave the representative his information, and he received a Bluth Family credit card, which would allow him to charge the purchase of products from catalogs provided by the Bluth Family. The representative explained that consumers would receive an application for a Visa or MasterCard and that 92% of their cardholders were approved for those credit cards. The representative explained, however, that the "credit card fee" of $100.00 would automatically be debited from Bob's checking account.

After the Bluth Family accepted the $100 fee, Bob received the Bluth Family credit card, along with catalogs and the information on the Orlando trip mentioned in the postcard. These materials disclosed that: (1) consumers could not automatically qualify for or receive a Visa or Master-Card; and that (2) consumers only become eligible to apply for the Visa or MasterCard by fulfilling "a few basic requirements,"

  • Ordering only from the catalogs received in their packages
  • Paying a down payment on that merchandise of 50% of the total amount;
  • Paying an additional 8% or the total amount for shipping and handling;
  • Consumers must charge and pay for $500 (excluding down payments, shipping, and handling, vouchers or merchandise gift certificates) on the Bluth credit card, and make six months of timely payments, in order to have their accounts favorably reported to the credit bureau;

Despite Bob's best efforts, he never actually received a Visa or MasterCard because he was not able to meet the minimum requirements. If Bob were to file a complaint, what claims could he bring against the Bluth Family? What is the likelihood that he would prevail.

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