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Consumer Law Keyed to Pridgen, 5th Ed.
Citibank (South Dakota) v. Mincks
Citation:
135 S.W.3d 545 (2004)Facts
Mary Mincks applied for and received a Citibank credit card in September 1999, establishing an open end consumer credit account with an $8,000 credit limit. She transferred existing balances from two other consumer credit cards totaling $7,213.50 to her Citibank account. Between November 1999 and January 2000, Mary made consumer purchases and payments, reducing her balance to approximately $20. In February 2000, Mary’s husband Chuck used her credit card to order $7,600 worth of postcards from Purchase Plus Buyers Group (PPBG) for his home business. PPBG never delivered the postcards despite Chuck’s repeated inquiries and good faith efforts to resolve the matter. PPBG ceased operations in September 2000. The Mincks notified Citibank in September 2000 of the non-delivery, but Citibank refused to credit the account, claiming the notice was not timely under billing error provisions. The Mincks stopped making payments in February 2002 when the balance consisted solely of the PPBG charge plus interest and fees. Citibank sued Mary as PPBG’s assignee to recover $9,048.49.
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