Singer v. Chase Manhattan Bank
Nevada Supreme Court
890 P.2d 1305 (1995)
- Written by Sean Carroll, JD
Facts
Roberts Singer and Duranne Crain, formerly known as Duranne Singer (collective, the Singers) (plaintiffs) bought artwork for $2,700 from a Hawaii merchant while vacationing in Hawaii. The Singers used a Visa credit card tied to Chase Manhattan Bank (Chase) (defendant). The Singers claimed that when the artwork was delivered to their home in Nevada, it was damaged. The Singers bought replacement artwork for an additional $100. The Singers never received that replacement artwork. They sued Chase under 15 U.S.C. § 1666i, § 170 of the Truth in Lending Act, alleging that nothing was owed to Chase because the Singers never received what they paid for. The district court dismissed the Singers’ complaint on the ground that cardholder claims under § 1666i could stand only if the cardholder lived within 100 miles of where the disputed purchase was made, and the Singers lived more than 100 miles from where the initial purchase was made in Hawaii. The Singers appealed, requesting a policy-based exemption to the 100-mile rule. They argued that with the increase in credit-card use since the section was written, the rule no longer made sense.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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