Citibank (South Dakota) v. Mincks

135 S.W.3d 545 (2004)

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Citibank (South Dakota) v. Mincks

Missouri Court of Appeals
135 S.W.3d 545 (2004)

JL

Facts

Mary Mincks (defendant) was issued a credit card by Citibank (plaintiff). Mincks’s husband, Chuck Mincks, was an authorized user of the card. Mincks obtained the card for personal purchases and made several using the card. In February 2000, Chuck ordered 4,000 postcards from Purchase Plus Buyers Group (PPBG) to use for his new home business and paid $7,600 using the Citibank credit card. Chuck did not receive the postcards and attempted to work with PPBG for several months to obtain alternate products or a refund. PPBG went out of business in September 2000, and Chuck requested that Citibank issue a credit to the account and charge back the purchase price to PPBG. Citibank refused the request, because the letter was not received within 60 days of the disputed charge. The Minckses eventually stopped making payments on the Citibank card when the outstanding balance was comprised solely of the charge from PPBG and related fees. Citibank sued Mincks for breach of contract. After a bench trial, the trial court ruled in favor of Mincks. Citibank appealed to the Missouri Court of Appeals.

Rule of Law

Issue

Holding and Reasoning (Bates, J.)

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