CREDIT CARD SERVICE CORPORATION v. F. T. C.

No. 73-1357.

495 F.2d 1004 (1974)

CREDIT CARD SERVICE CORPORATION, and John P. Ferry, Petitioners, v. FEDERAL TRADE COMMISSION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided March 29, 1974.


Attorney(s) appearing for the Case

Stephen C. Rogers, Washington, D. C., for petitioners. John H. Schafer, III, Washington, D. C., also entered an appearance for petitioners.

Louis C. Keiler, Jr., Atty., F. T. C., with whom Harold D. Rhynedance, Jr., Asst. Gen. Counsel, F. T. C. was on the brief for respondent.

Richard P. Taylor, Washington, D. C., with whom William E. Miller, Michael D. Campbell and Michael J. Malley, Washington, D. C., were on the brief for Universal Air Travel Plan American Airlines, Pan American World Airways, Inc. and Piedmond Airlines Inc., as amici curiae urging reversal.

Thomas J. O'Connell, Washington, D. C., Gen. Counsel, Board of Governors of the Federal Reserve System, Carl D. Lawson and Arnold P. Lav, Attys., Dept. of Justice filed a brief as amicus curiae.

Before BAZELON, Chief Judge, MacKINNON, Circuit Judge and CHRISTENSEN, United States Senior District Judge for the District of Utah.


BAZELON, Chief Judge:

The Federal Trade Commission Order under attack here requires petitioner1 to disclose in its advertising the statutory limitation on cardholders' liability for unauthorized use of their credit cards. Petitioner's central contention requires us to reconcile the 1968 Truth in Lending Act with its 1970 amendments. In addition, petitioner raises challenges concerning the breadth of the Commission's Order and the adequacy...

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