The Chris Moeller Archives

Anticipatory repudiation

San Diego attorney Ben Pavone is doing a heroic thing on your behalf. He's withholding his credit card payment from Bank of America this month, and plans to sue the company if they attack his credit in return.

Pavone, who says he has a perfect payment history with Bank of America and near-perfect overall, is pissed that his written request for an increase in his credit limit was met with a reduction instead, as well as an interest rate increase from 10.99 to 27.99%.

"I consider your action an anticipatory repudiation of the contract and am treating you as in breach," he wrote to the company last week, "I am therefore not paying the money that is due on January 3, 2010 out of protest."

When Paulie Walnuts does what the credit card companies do, it's called usery. It's time they get called to the mat by somebody, anybody. They borrow from the government for free, shell out unconscionable executive bonuses, and give the money back to taxpayers at a 27% bump. The fine print on card agreements is so convoluted that even industry insiders often can't decipher it. Consumers often aren't aware that they're even signing away their right to sue. It's business practice straight out of the gutter.

posted by CM @ 8:34 PM