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Consumer Law Keyed to Whaley, 9th Ed.
Discover Bank v. Owens
Citation:
129 Ohio Misc. 2d 71, 822 N.E.2d 869 (2004)Facts
Ruth M. Owens, a Social Security Disability recipient, held a Discover credit card with a $1,900 credit limit. In January 1996, her balance was $1,460.73. She made her final purchase in March 1997, a $300 cash advance, bringing her balance to $1,895.53. By May 1997, finance charges pushed her balance to $1,962.82, exceeding her credit limit. Despite never using the card again after March 1997, Owens was charged monthly over-limit fees ranging from $20 to $29 for six years, totaling $1,518. She was also charged $369.52 for a CreditSafe Plus product that did not apply to her disability status. From May 1997 to May 2003, Owens paid $3,492 toward her debt and incurred $1,160 in late fees. Nevertheless, her balance grew to $5,564.28. Owens represented herself and explained in her handwritten answer that after paying utilities, she had barely enough money for food and could not make further payments.
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