Harley Schnall, Individually and on Behalf of All Others Similarly Situated v. Marine Midland Bank

JACOBS, Circuit Judge:

Credit-card customer Harley Sehnall enjoyed the power to write line of credit (“LOC”) checks under the terms of a Cardholder Agreement that treated such checks as creating loan obligations subject to certain disclosed terms. In 1998, defendant-appellee Marine Midland Bank mailed a supply of LOC checks that if used within a stated period would create loan obligations subject to a specially reduced interest rate (the “1998 LOC Checks” or “the LOC Offer”). Sehnall, who did not use the 1998 LOC Checks during the term of the special offer, commenced this putative class action…