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Consumer Law Keyed to Whaley, 9th Ed.
Gorman v. Wolpoff & Abramson, LLP
Citation:
584 F.3d 1147 (2009)Facts
John Gorman purchased a satellite television system for $759.70 using his MBNA credit card in December 2002. He claimed the equipment was defective and used, and that installation damaged his house. Gorman disputed the charges with MBNA in February 2003, providing documentation of his dispute with the merchant, Four Peaks Home Entertainment. MBNA requested proof that merchandise was returned, which Gorman did not provide, claiming the goods were available for pickup. After multiple communications, MBNA initially removed the charges in August 2003 but reposted them in October 2003 after learning Gorman retained the merchandise. Gorman stopped paying his entire credit card balance (over $6,000), claiming offset for attorney’s fees. MBNA reported the account as charged-off to credit reporting agencies in January 2004. Between May 2004 and November 2005, Gorman disputed the credit reports with CRAs, which sent notices to MBNA. MBNA investigated by reviewing internal records but did not notify CRAs that the debt remained disputed. Gorman was subsequently denied credit or offered higher interest rates.
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