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| Van Arkel v. Discover Financial Services LLC |
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Morgan Stanley
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| Winston & Strawn litigators obtained a victory for client Discover Financial Services LLC in an adversary proceeding filed in the U.S. Bankruptcy Court for the Northern District of Illinois. This is also being hailed as a victory for credit card issuers against the litany of “billing error notice” cases that have been filed around the country. The plaintiff, a former Discover cardholder, alleged that our client violated the Fair Credit Billing Act (FCBA) by not properly investigating billing error notices she had sent to Discover, and claimed Discover did not have the right to assess her late fees and other financing charges because it had failed to provide her with all required disclosures prior to the opening of the account. Judge Black granted Discover’s motion to dismiss, concluding that any alleged deficiencies in providing disclosures did not result in billing errors that triggered the duty to investigate or any other protections under the FCRA. During oral argument on the motion to dismiss, Winston attorneys dissuaded the court from following a recent ruling in the Southern District of Texas that had reached the opposite conclusion. On appeal, the U.S. District Court for the Northern District of Illinois affirmed the dismissal. |
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