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Consumer Law Keyed to Pridgen, 5th Ed.
Rossman v. Fleet Bank (R.I.) National Association
Citation:
280 F.3d 384 (2002)Facts
In late 1999, Paula Rossman received a pre-qualified invitation from Fleet Bank for a “no-annual-fee Platinum MasterCard” with a low annual percentage rate. The solicitation prominently featured “no annual fee” language, and the required Schumer Box listed “None” under the Annual Fee heading. Rossman accepted the offer and received her card in December 1999 or January 2000, along with a Cardholder Agreement stating no annual membership fee would be charged. The Agreement contained a change-in-terms provision allowing Fleet to modify any terms with notice. In May 2000, Fleet notified Rossman of its intention to impose a thirty-five-dollar annual fee, citing Federal Reserve interest rate increases. Fleet subsequently accelerated the effective date, and the fee was charged to Rossman’s account by July 2000, approximately six months after account opening. Rossman alleged Fleet continued soliciting new customers with “no annual fee” offers while imposing fees on existing customers, suggesting a systematic bait-and-switch scheme.
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