Belmont v. Associates National Bank (Delaware)
United States District Court for the Eastern District of New York
119 F. Supp. 2d 149 (2000)
Peter Belmont (plaintiff) co-signed a credit-card account with his son in 1987; Associates National Bank (defendant) later acquired the account. Belmont tried to revoke his co-signership in 1992, but Associates denied receiving that letter and kept listing him on the account. After Belmont's son filed for bankruptcy, Associates billed Belmont directly for a balance of $1,895.49. Belmont wrote Associates explaining he believed the bill was in error and requesting supporting documentation; Associates received this notice on May 19 but did not respond until July 20, and its response did not include the requested documents. While the dispute was pending, Associates reported the delinquency to a credit bureau, which issued an adverse credit report on Belmont. Belmont sued under the Truth in Lending Act, and both sides moved for summary judgment.
Whether a creditor that fails to respond within the required time, or to provide requested documentation, to a customer's valid notice of billing error is liable for penalties under the Truth in Lending Act.