Citibank (South Dakota) v. Mincks
Missouri Court of Appeals
135 S.W.3d 545 (2004)
Mary Mincks (defendant) opened a Citibank (plaintiff) credit card primarily for personal use; her husband Chuck, an authorized user, used it once to order $7,600 of postcards for a new home business from a vendor that went out of business without delivering them. Chuck's request for a chargeback came after Citibank's 60-day billing-error window, and Citibank refused it. The Minckses stopped paying once the balance consisted solely of the undelivered-goods charge and related fees, and after Citibank sued for breach of contract, the trial court ruled for Mincks; Citibank appealed.
Whether, under the Truth in Lending Act, a cardholder may assert defenses (other than tort claims) arising from a transaction in which the card was used against the card issuer.