Citibank (South Dakota) N. A. v. Jones

*64OPINION OF THE COURT

Kenneth L. Gartner, J.

In this case of apparent first impression, the defendant credit card debtors contend that the Federal Fair Debt Collection Practices Act ([FDCPA] 15 USC § 1601 et seq.), and/or New York’s General Business Law, have preempted New York’s common-law doctrine of account stated as applied to consumer transactions.

The common-law doctrine of account stated is one rooted in medieval England. (Teeven, A History of Legislative Reform of the Common Law of Contracts, 26 U Tol L Rev 35, 46 [1994].) It is widely accepted, not only in New York, but in most…