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Banking Law Keyed to Carnell, 7th Ed.
Barrer v. Chase Bank USA
Citation:
566 F.3d 883 (2009)Facts
Walter and Cheryl Barrer held a credit card with Chase Bank with a preferred APR of 8.99%. The Cardmember Agreement specified certain events of default that could trigger an APR increase. In a separate section entitled “Changes to the Agreement,” Chase reserved the right to change the agreement at any time, including financial terms such as APRs. In February 2005, Chase sent the Barrers a Change in Terms Notice indicating their APR would increase to 24.24%. When the Barrers inquired about the increase, Chase explained it was based on information from their credit report, specifically that their outstanding credit loans were “too high” and they had “too many recently opened installment/revolving accounts.” The Barrers paid the higher interest rate for three months before paying off the balance and filing suit, alleging Chase failed to disclose its “adverse action repricing” program.
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