Young

Young v. Bank of America

Good Law
141 Cal. App. 3d 108·190 Cal. Rptr. 122·1983 Cal. App. LEXIS 1514
Court of Appeal of CaliforniaMarch 22, 1983Civ. 52096California2,442 words

Opinion

Opinion

Low, J.

Defendant Bank of America (Bank) appeals from a judgment awarding plaintiff Young $150,000 in compensatory and treble damages based upon a finding that the Bank violated provisions of the Song-Beverly Credit Card Act of 1971. Plaintiff reported to the Bank that her credit card had been stolen, but the Bank tenaciously sought collection of charges she did not make. In awarding damages, the jury considered her claim for emotional distress. We affirm.

Under the Credit Card Act (Civ. Code, § 1747 et seq.) a credit card issuer is required to correct billing errors within 60 days of notification by the cardholder. The Credit Card Act also prohibits the card issuer from communicating unfavorable credit information to a third party while a billing dispute is under investigation. A cardholder who is injured as a result of the wilful violations of either of these provisions may collect damages, which can be trebled in the court’s discretion. (Civ. Code, §§ 1747.50, 1747.70.)

In her complaint for declaratory relief and damages, plaintiff alleged that she notified the Bank that her credit card had been stolen; that the charges thereafter incurred were unauthorized; that despite…

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