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Consumer Law Keyed to Whaley, 9th Ed.
Gardner v. Montgomery County Teachers Federal Credit Union
Citation:
864 F. Supp. 2d 410 (2012)Facts
Kevin and Joanne Gardner maintained checking, savings, and credit card accounts with Montgomery County Teachers Federal Credit Union. On October 27, 2009, Defendant withdrew $145.00 from Plaintiffs’ deposit accounts ($49.16 from checking and $95.84 from savings) to satisfy an amount due on their credit card account. Plaintiffs alleged these withdrawals were made without authorization and that Defendant maintained a general practice called the Delinquent Loan Transfer Program that used software to automatically withdraw funds from customers’ deposit accounts to satisfy delinquent credit card balances. Neither party could produce documents signed by the Plaintiffs regarding their credit card account, and Plaintiffs testified they did not remember signing any such documents. Defendant produced an unsigned loan application filled out with Plaintiffs’ information and claimed provisions in account disclosure documents granted it a security interest in deposit accounts.
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