Discover Bank v. Nelson

1¶1 respectfully dissent. I would reverse the summary judgment and remand to the trial court for a trial on the merits.

By July 1, 2009, Discover Bank received no payments from Ms. Nelson on her credit-card account. The bank increased its finance charge to 28.99% APR, so that Ms. Nelson was being charged more than $125.00 per month on the account plus $39.00 in “purchases” which correlated to a late fee. Her “previous balance” on the July statement was $5,029.53; by December 31, 2009, it had swollen to $6,333.61. All of the increase was due to finance charges at 28.99%, late fees, and…