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Strange v. Monogram Credit Card Bank of Georgia

129 F.3d 943 (1997)

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Strange v. Monogram Credit Card Bank of Georgia

United States Court of Appeals for the Seventh Circuit
129 F.3d 943 (1997)

SC

Facts

Jeffrey Strange (plaintiff) bought a window at Home Depot (defendant) for $346.21 using his credit card issued by Monogram Credit Card Bank of Georgia (Monogram) (defendant). Strange returned the window and expected the money to go back on his credit card. The money was not returned despite multiple letters from Strange to both Home Depot and Monogram. The companies did not respond to the letters. Strange was billed a finance charge of $27.36. Strange sued Home Depot and Monogram for violation of the Truth in Lending Act (the act). Strange and Home Depot moved for summary judgment. The district court granted Home Depot’s motion because Home Depot was not a creditor. The court granted Strange’s motion with respect to Monogram. The court found that Monogram failed to send Strange a written explanation of the billing error. The district court awarded Strange $54.72 in damages, which was double the finance charge that Strange had been incorrectly billed. Strange also requested attorney’s fees in the amount of $21.743.75, reflecting 123 hours of time spent on the case. The district court found that this sum reflected an unreasonable amount of hours spent to establish such a small claim and awarded Strange only $3,000 in attorney’s fees. Strange appealed both monetary awards.

Rule of Law

Issue

Holding and Reasoning (Wood, J.)

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