New UCL/CLRA/class action arbitration decision: Klussman v. Cross Country Bank

In Klussman v. Cross Country Bank, ___ Cal.App.4th ___ (Dec. 15, 2005), the Court of Appeal (First Appellate District, Division One) joined several other recent decisions by refusing to enforce a no-class-action arbitration clause under Discover Bank.

Comments

[Isaac B. Zaur]

Thanks for posting this link. What's particularly significant about this new Cross Country Bank opinion is the Court of Appeal's determination that a Delaware choice-of-law clause is unenforceable in light of the Discover Bank policy. This is in contradistinction to the conclusion on remand in DB itself.

The operative differences are, it seems to me, that 1) no California causes of action were pled in Discover Bank, and 2) that was because plaintiffs there had intended to use California's contract/arbitration rules as a foundation for a nationwide class action.

[Kimberly]

Thanks for sharing those insightful thoughts about the case. I think your interpretation is right on.

[P]

Hi, I received a letter with an encolsed check stating "Enclosed is the disburesement of your portion of the Settlement Fund from the matter entitled Klussman et al. v. Cross Country Bank, et al., Dept. 16, Alameda County Superior Court, Coordinated Case No. JCCP 4380. The amount of your payment is based upon the Court-approved class action settlement. This check constitures payment in full of the amount you will receive pursuant to this settlement." I have no idea what it is for and dont remember being envolved with any of the parties, could someone give me some more information? The check was for $11.16 Whoo hoo I'm rich.

[Noel]

I received the same exact letter as Kimberly did... including a check with the same amount.. $11.16 what is this about??

credit cards?

I'm curious, hope you can answer me.

[Kimberly A. Kralowec]

Sorry, folks, I'm not involved in the underlying case and know nothing about it. My blog post simply reported that a published appellate opinion called "Klussman v. Cross Country Bank" was handed down by the California Court of Appeal.

[terry]

IN RE: CROSS COUNTRY BANK CASES. Superior Court of California, County of Alameda. JCCP No. 4380.

The Mills Law Firm achieved significant injunctive relief prohibiting abusive collection practices and recovered $21.7 million in cash and credits on behalf of Cross Country Bank credit card holders. In January 2007, after a vigorously contested proceeding the court appointed the Firm to represent eight sub-classes of card holders seeking redress for numerous abuses, including inaccurately reporting the time of payment, improper and/or excessive fees, and harrasssment. In addition to the credits, cash, and injunctive relief, the Court also awarded $10,000 in incentive awards to each of the eight class representatives represented by the Firm.

[nancy r]

ok ppl i recieved the same letter and check i had the credit card cross country bank before and it appear that they were sued and if u had that credit card u recieve $11.16 from the settlement the person i spoke to said it was ok to cash the check no penalties its yours!

[kim]

does this mean we can clear our credit report?

[kim]

does this mean we can clear our credit report?

[justin]

I share Kim's question. I have a feeling I know what this was related to, especially after reading the case description on Klussman's website. Does this also clear the debt?

[diane lewis]

I received a similar check only it was $1.42. I have the same question as Nancy r and kim. Does this mean we can clear our credit report, as the item I received says:
:You previously received a check or credit to your account .........
This check constitutes payment in full of the amount you are due pursuant to this settlement." To my knowlege I never received a check or credit previously.

[diane lewis]

Also, if we cash the check, will it activate the account again, therefore making it so they can come after us and attach our bank accounts, wages, etc.

[al lopez]

This thread sort of died out without some questions being addressed, eg. diane lewis': "Also, if we cash the check, will it activate the account again, therefore making it so they can come after us and attach our bank accounts, wages, etc."
justin's: "Does this also clear the debt?" etc.

Anyone?

[Debbie]

Good morning one and all ,I am very confused about a check I recieved recently,I do some survey's online and at times they ask if you would like to be a mystery shopper,well this is what my letter is stating that i put this check of 3,715.85 into my account once check clears i call the coordinator and get my directions on what to do.??? very skeptical! the letter also says i will be visiting a walmart,jc penny's and a home depot.it lays out 300 for hourly pay,200 shopping money,100.85 to a westeren union ? of 3115.00 to whom ever i am told i assume. it seems fishy to me and was just wondering if any one has heard of this deal. the check looks legiate,when i called he asked for the check number, the number on letter head,it just too good to be real and why do i send the money some where? My daughter has been taken by this kind of scam so this is why i am leery.Her's where travelers checks though,only thing that stopped the bank from cashing was they noticed they had no dates,mine has eveything exactly like check,also have looked up the bank they have on here of course there is an applied bank,and the name klussman et al.v.Cross country Bank,et al is also wrote on it.I am trying everything i can to find out about this before i make a move. please help if you can???

[Lorrie]

I received a check for $1.42. Whoopee! I deposited it into my checking account only to have Klussman VOID it. They refused to pay it, so my credit union charged me $20.00 for a returned item fee. Beware before you try to cash your check from Klussman!