[hannah]

Capital One Bank USA, NA v Gregorich, is a Florida small claims case that dealt with whether Capital One’s lawsuit against Ms. Gregorich was barred by the statute of limitations. Ms. Gregorich lived in Florida, whose statute of limitaitons was five years on written contracts. Cap One's credit card agreement provided that Federal or Virginia law applied and in this case Gregorich was relying on Virginia's 3 year statute of limitations for unwritten contracts by using Florida's Choice of Law provision.

The Court found that since the parties had agreed that Virginia law would apply, the Florida statute of limitations didn’t apply since the Cardholder Agreement did not contain information about interest rate or numerous contract terms, it was not, “A complete and concluded agreement between the parties.” This meant that the longer Virginia statute of limitations for written contracts did not apply.

The result? Capital One’s MSJ was denied and the suit was dismissed with prejudice.

The case is attached.

[Hedwig]

Good news!!!

And the Virginia choice of law provision is in every Cap One agreement I've seen.

I wonder if they'll change it?

[hannah]

Here's another one, L.W.T. v Brodsky, that was won by Choice of Law provision in Florida involving a Chase card.

[Angry Consumer Orlando]

Here is another recent decision from Palm Beach County, Florida in Capital One Bank v. Steven J. Pincus. The consumer was defended by a NACA attorney here in Florida on the basis of Virginia’s 3 year Statute of Limitations for credit card debts. Apparently, CrapOne filed over 100 pleadings with the Court in an effort to pursue an $800.00 dollar debt! What kind of law firm files over 100 pleadings for an $800.00 credit card debt? Pathetic soul he must be!!!