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Crestar Bank, N.A. v. Cheevers

District of Columbia Court of Appeals
744 A.2d 1043 (2000)


Facts

Eric Cheevers (defendant) entered into an agreement with Crestar Bank, N.A. (Crestar) (plaintiff) to use a Visa credit card. For a period of time, Cheevers made regular monthly payments to Crestar. However, Cheevers suffered financial difficulties, and his account became past due. As a result, Crestar blocked Cheevers’s account and notified him that he was no longer privileged to use his credit card. Subsequently, Amtrak tickets in the amount of $3,483.92 were purchased from an automated ticket machine using Cheevers’s credit card. Crestar billed Cheevers for these purchases, but Cheevers never received the bills. Crestar filed suit against Cheevers for payment of the outstanding balance. Approximately one month later, Cheevers found a new job and wished to pay off his account with Crestar. Cheevers contacted Crestar and was told about the Amtrak charges posted to his account and the lawsuit pending against him. Cheevers informed Crestar that he was disputing the Amtrak charges because he had not made the purchases, had not authorized anyone else to do so, and did not know the identity of the individual who bought the tickets. At trial, Crestar argued that under the Fair Credit Billing Act (FCBA), 15 U.S.C. § 1666, Cheevers was required to notify Crestar of any billing errors. The trial court found in favor of Cheevers, and Crestar appealed.

Rule of Law

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Issue

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Holding and Reasoning (Reid, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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