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Liquidated Damages/Late Fees

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District Court (Cal.) Says Credit Card Issuer’s Charging Late-Fees During COVID Was Not a Breach of the Implied Covenant of Good Faith and Fair Dealing

by Scott J. Hyman |

In Fitzpatrick v. Capital One Bank United States N.A., No. 2:22-cv-00312-MCE-DB, 2022 U.S. Dist. LEXIS 196670, at *7-9 (E.D. Cal. Oct. 28, 2022), Judge England dismissed a class action premised on the alleged unlawful charging of late fees during the pandemic. The Agreement explicitly permits Defendant to charge the fees challenged in this case. Accordingly, Plaintiff contends instead that: (1)… Read More

District Court (Cal.) Finds that Consumer Stated Claim For Illegal Imposition of Late Fees/Liquidated Damages against Fractional Rental Car Company

by Scott J. Hyman |

In Bayol v. Zipcar, Inc., 2015 WL 394515 (N.D.Cal. 2015), Judge Henderson found that a Plaintiff stated a claim for the imposition of illegal late fees under a fractional auto renter’s agreement. California law places significant restrictions on a party's ability to use a consumer contract to set what damages it will be entitled to in the event of a… Read More