Jordan Brown, and All Others Similarly Situated v. First National City Bank

MANSFIELD, Circuit Judge:

During the last decade some banks in New York have offered to their customers, as an additional banking service, various types of revolving credit or check-credit loan plans, which permit the automatic or immediate payment of a customer’s overdraft on his regular checking account. At issue on this appeal is the legality of certain aspects of a plan of this type offered by defendant-appellant First National City Bank (“Citibank”) to its depositors, known as the “Checking Plus Credit Agreement.”

Specifically, on this appeal by both parties from a summary judgment and…