Bankfirst

MEMORANDUM *

Dadra Mitchell (“Mitchell”) appeals the district court’s Rule 12(b)(6) dismissal of one claim, the grant of a protective order and summary judgment against her, and the failure to grant a continuance. She alleges that Bankfirst, the issuer of the Affinity Visa credit card, violated the Truth in Lending Act (“TILA”), 15 U.S.C. § 1601 et seq., by failing to disclose in its initial disclosure statement that an Affinity Visa cardholder must give 90 days notice— and thus is required to pay three month’s dues — before terminating her membership in the American Fair Credit Association (“AFCA”). We affirm in part, and vacate and remand in part.

We agree that AFCA’s notice of termination provision is not a charge for termination of an open-end credit plan requiring disclosure under TILA. See Regulation Z, 12 C.F.R. § 226.6 (b) (requiring the disclosure of “other charges” that are not finance charges); 12 C.F.R. Pt. 226, Supp. I § 226.6(b)(vii) (giving termination charges as an example of “other charges”). An AFCA member may terminate the Affinity Visa card at any time without ending her AFCA membership.

Although 90-days notice is not required to terminate the credit card,…