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§8.08 Song-Beverly Credit Card Act—Relief

Lesson 8:
Credit Cards

Relief available under Act includes the following:

  • Treble damages, reasonable attorney fees, and costs for willful violations regarding the correction of billing errors [CC §1747.50(c)]; the knowing issuance of untrue or unfavorable credit information; and the cancellation of or refusal to renew a card because the holder obtained relief for billing errors [CC §1747.70(d)].
  • Actual damages, a $250 penalty, and a court order for issuance of a card for willful discrimination in issuance. [CC §1747.80(b).]
  • Prohibition against a card issuer who fails to correct a billing error within the shorter of two complete billing cycles or 90 days from collecting the amount of the incorrect billing, or any finance charges or other charges on the obligation that gave rise to the billing error. [CC §1747.50(b).]
  • Extension of a cardholder’s right to assert claims and defenses, except tort claims, against a retailer to apply to the card issuer, under certain circumstances. [CC §1747.90.]
  • Treble damages, reasonable attorney fees, and costs against a retailer who willfully imposes a surcharge on a cardholder for using a credit card instead of cash and who fails to refund that amount within 30 days of a written demand by certified mail. [CC §1748.1.]
  • Civil penalty of $250 for the first violation and $1000 for each subsequent violation for requiring personal identification information from a cardholder, unless the defendant shows that the violation was not intentional and was the result of a bona fide error despite procedures adopted to avoid such errors. [CC §1747.08(e).]
  • Damages, equitable relief, and attorney fees and costs in addition to other remedies for processing or obtaining payment of a credit card charge through a retailer’s account with a financial institution if that retailer did not furnish or agree to furnish the goods and services that are the subject of the charge. [CC §1748.7(d).]
  • Pain and suffering forwillful violations of the Act. [See Young v Bank of America (1983) 141 CA3d 108 (pain and suffering damages may be trebled for willful violations).]
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