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Hasan v. Chase Bank USA, N.A. 880 F.3d 1217 (10th Cir. Jan. 26, 2018).

Jan 26, 2018

The plaintiff ordered from a wine vendor with Chase Bank credit cards.  He then paid off the balance on the credit cards.  While delivery was pending, the wine vendor filed for bankruptcy and failed to deliver almost $1 million worth of goods.  The plaintiff filed suit against Chase Bank, arguing that under the Fair Credit Billing Act, it was required to refund the money he had paid toward the purchase.  The complaint was dismissed, and the plaintiff appealed.  On appeal, the Tenth Circuit interpreted the plain language of the Act as limiting recovery to those amounts outstanding at the time the claim is filed.  Because the plaintiff had paid off the balance prior to asserting a claim, he was not entitled to recover the money he had already paid.