Citibank (South Dakota), N.A. v. Rosemary Walker DeCristoforo
Massachusetts Superior Court
28 Mass. L. Rptr. 139 (2011)
Relevant factsFree
Rosemary DeCristoforo (defendant) accumulated unpaid balances on two Citibank South Dakota (plaintiff) credit-card accounts, on which Citibank charged interest ranging from 10.65% to over 50% annually, rates permitted under South Dakota law (Citibank's home state). Citibank sued to recover the unpaid amounts; DeCristoforo counterclaimed that the rates violated the federal cap of 7% under 12 U.S.C. § 85 for states that don't fix their own rate, and both sides moved for summary judgment.
IssueFree
Whether an interest rate charged by a bank may be unconscionable at common law, even if statutory law does not regulate or limit the rate that may be charged.