District Court for the Southern District of New York. The American Express Inaccurate Billing Statement Class Action Lawsuit is Marcy Zevon v.
Bromberg and Joshua Tarrant-Windt of Bromberg Law Office PC and by Harley J. She makes a request for actual damages in addition to these statutory damages, in addition to funds to cover court costs and reasonable attorneys’ fees.ĭo you relate to this legal news? If you ever received an inaccurate billing statement, tell us about how you dealt with it in the comments below.
However, she does state that the violation could result in damages for possible Class Members who might have inadvertently given up their billing rights by making an uninformed decision about how to contact American Express. She notes that the law allows consumers who were affected by a violation of the law to collect statutory damages, even if they were not otherwise injured by the violation. The American Express billing statement class action lawsuit stresses that because of American Express’s non-compliant disclosures, Zevon and the potential Class are entitled to recover up to $1 million in statutory damages.Īlternatively, Zevon notes that she and others are entitled to recover up to $5,000 each in statutory damages. She rounds out her advocacy for an American Express class action lawsuit by saying that, because there are so many similar claims, it is more fair to litigate them as one claim so each consumer receives the same verdict, whereas if each claim were litigated separately, consumers could receive a range of verdicts. The goal is supposedly to help prevent customers from making uninformed use of their credit, and protect them from inaccurate and unfair billing practices that businesses might use in their own gain, at the expense of the public.Īllegedly, Zevon was unable to determine various contact methods’ effects on her billing rigors by reviewing her billing statements. The American Express billing class action lawsuit notes that, per the requirements of the Truth in Lending Act, lenders are required to inform customers of their billing rights on each billing statement in order to give customers the most access possible to the information they need.
She argues that the billing statements provided both a mailing address and a telephone number by which a customer could dispute a charge, but did not inform them of the differing consequences of using each. Allegedly, the billing statements did not explain this crucial difference. In contrast, if a customer made a dispute by telephone, their rights would not be preserved. Zevon states that American Express’ terms did state that if a consumer disputed a charge by mail, they preserved their billing rights.