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Consumer Law Keyed to Whaley, 9th Ed.
Bell v. May Department Stores Co.
Citation:
6 S.W.3d 871 (1999)Facts
John Bell purchased a ceiling fan for $132.16 from Famous Barr on August 2, 1992, charging it to his Famous Barr credit card. After installing the fan weeks later, Bell determined it was defective due to excessive noise at all speeds. On September 23, 1992, Bell notified Famous Barr of the defect and his refusal to pay, following up with a written letter on October 27, 1992, citing Regulation Z. Famous Barr acknowledged receipt and agreed in November to locate a replacement fan and reimburse installation costs, but never followed through. Despite Bell’s perfect twenty-two year credit history with Famous Barr and his practice of paying his balance in full monthly, Famous Barr began assessing late fees, finance charges, and threatening to report derogatory information to credit agencies including TRW. Bell repeatedly contacted Famous Barr, receiving assurances that no action would be taken. The parties reached a provisional settlement in August 1993, but Famous Barr continued reporting derogatory information even after Bell paid for the fan. When Bell applied to European American Bank for a TWA credit card in 1994, he was denied based on the derogatory Famous Barr information in his TRW credit report, preventing him from earning frequent flyer miles.
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