Cook County Record

Tuesday, August 20, 2019

Law firm files class action suit over unsolicited credit card

By Rhys Saunders | Nov 18, 2013

A Chicago law firm has filed a lawsuit seeking $1 million from a credit card company that allegedly sent its name attorney an unsolicited credit card.

The Kirsner Law Firm Ltd. filed its complaint and a motion for class action certification Nov. 13 in Chicago’s federal court against Pacific Capital Companies LLC.

In the suit, the firm, which is located in a suite at 400 E. Randolph St., alleges that the Delaware-based credit card company sent Bernard M. Kirsner an unsolicited credit card in the mail in violation of the Truth in Lending Act (TILA).

TILA is a federal law that regulates certain credit card practices and provides a means for resolution of credit billing disputes.

The firm asserts that Pacific Capital Companies violated TILA because the credit card Kirsner received was unsolicited and was not a replacement for another card.

According to TILA, “regardless of the purpose for which a credit card is to be used, including business, commercial or agricultural use, no credit card shall be issued to any person except – 1) In response to an oral or written request or application for the card; or 2) As a renewal of, or substitute for, an accepted credit card.”

In its motion seeking class certification, the firm asserts there are at least 40 class members who received unsolicited cards from Pacific Capital Companies, as evidenced by a mass mailing bar code.

“The bar coding and presorting postage indicate a mailing of at least 200,” the motion states. “Therefore, it is reasonable to assume that defendant engaged in the conduct described above with at least 40 people.”

Kirsner’s firm asserts it will determine the exact number of class members through discovery and requested a briefing schedule long enough to do so.

According to the suit, Kirsner received an unsolicited credit card and a form letter in October. The letter included an 888-telephone number for activating the card and a statement that Kirsner had $100,000 in available credit.

It also offered no payment for 90 days, no activation or annual fees and seasonal promotions for preferred customers. The letter included a presorted envelope mailed from Worth, Ill.

Kirsner’s firm is seeking $1 million or one-percent of Pacific Capital’s net worth, as well as attorneys’ fees, litigation expenses and the costs of the suit.

It is represented by Daniel A. Edelman and Michelle R. Teggelaar of Edelman, Combs, Latturner & Goodwin LLC in Chicago.

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