DISCOVER BANK VS. OWENS is a lawsuit in which a credit card issuer claims that the defendant violated the contract by not making necessary payments to plaintiff. The complaint in the case relates to a dispute over the default rate on a particular Discover card, the name of the credit card issuer, Discover Bank, and the credit card's issuing bank, CIT Bank. Plaintiff, Discover Card, a lender, and credit card issuer of many different types, assert that defendant used the Discover card he issued plaintiff to purchase items or get money advances, both legally and illegally, and has violated the contract by not making necessary minimum monthly payments needed under the Discover cardholder agreement.
To prove their allegations in this case, plaintiffs have obtained Discover card statements and other information. In this case, the plaintiffs were able to obtain Discover cards from a number of different vendors. They then asked the merchant card companies who issued the cards to review the Discover statements for the purchases made using their cards. They were able to compare the charges from the various accounts and determine that the default rate in each account was the same; in some cases, it was even the same percentage, as reflected in the Discover cards.
A Discover Card statement obtained by the plaintiffs' attorney in this case showed that in October 2020, defendant made a purchase using the Discover card at a CIT Bank ATM. The payment amount was more than ten thousand dollars. On the Discover statement, defendant wrote “default rate due and unpaid”, which was a reference to the debt owed on the Discover card. In all, the defendants listed five accounts from which the credit card payments were missed.
Discovery card statements obtained from CIT Bank show that in February 2020, defendants again made purchases using the Discover card. This time, defendant wrote “default rate due and unpaid” on the Discover statement, and the card was used to pay for one electronic item, an airline ticket. The amount owed on the credit card account was still the same as in the prior month.
In June 2020, defendants did not pay the full amount on the Discover card, which led to a dispute with Discover Card over the default rate on the card. This led to discovery, which resulted in discovery in this case.
The lawsuit in this case is between . . . . . . defendant and Discover, the issuer, and CIT Bank, the issuing bank. In general, these three entities are the plaintiff in this case. (In most cases, the plaintiff is the cardholder or the person or company who issued the card). If the complaint was brought against the third party who issued the card, that third party would be responsible for paying the balance on the Discover card account and any interest and fees owed on that account, which can result in the loss of the settlement.