BANK ONE, COLUMBUS, N.A. v. MAZAIKA


545 Pa. 115 (1996)

680 A.2d 845

BANK ONE, COLUMBUS, N.A., Appellant, v. Jennifer M. MAZAIKA and Daniel A. Mazaika, on behalf of themselves and all others similarly situated, Appellees. In re CITIBANK (SOUTH DAKOTA) CREDIT CARD LITIGATION.

Supreme Court of Pennsylvania.

Decided July 29, 1996.


Attorney(s) appearing for the Case

Mark A. Aronchick, John P. Lavelle, Jr., Philadelphia, for Bank One.

L. Robert Griffin, Washington, DC, for amicus — U.S. Office of Comptroller.

Betty D. Montgomery, Columbus, OH, for amicus — Atty. Gen. of Ohio.

Warren J. Borish, Philadelphia, for Affinity Group Marketing.

David H. Wilderman, Irwin Aronson, Camp Hill, for amicus — Pa. AFL — CIO.

James C. Sturdevant, Kim E. Card, San Francisco, CA, for amicus — Consumer Action.

Eugene A. Spector, Philadelphia, amicus — Bankcard Holders of America.

Ann Miller, Philadelphia, amicus — Trial Lawyers for Public Justice.

Scott Harshbarger, Boston, MA, amicus — States of Conn. & Hawaii, et al.

Michael P. Malakoff, Fred S. Longer, Pittsburgh, for Jennifer M. and Daniel A. Mazaikas.

Daniel R. Goodemote, Harrisburg, for Consumer Protection.

Michael D. Donovan, Nicholas E. Chimicles, Haverford, for amicus — Bank Card Holders of America.

Arthur Makadon, Philadelphia, for amicus — Mastercard.

Alan S. Kaplinsky, Burt M. Rublin, Philadelphia, for amicus — Greenwood Chase.

Bruce W. Kauffman, Philadelphia, amicus — PA Bankers Assoc. & Arizona Banking, et al.

William M. Wycoff, Pittsburgh, amicus — Visa U.S.A.

Louise A. Rynd, Camp Hill, amicus — PA Bankers Assoc.

Reginald S. Evans, Harrisburg, amicus — Secretary of Banking.

Daniel P. Lynch, Philadelphia, amicus — Mellon Bank, Corestates.

Before NIX, C.J., and FLAHERTY, ZAPPALA, CAPPY, CASTILLE, NIGRO and NEWMAN, JJ.


OPINION OF THE COURT

FLAHERTY, Justice.

These are consolidated appeals, by allowance, from orders of the Superior Court that were entered in two class action lawsuits wherein certain out-of-state banks were alleged to have assessed improper fees against Pennsylvania residents who are holders of credit cards that the banks issued. The banks, appellants Bank One, Columbus, N.A. and Citibank (South Dakota), N.A. seek dismissal of the actions. Both cases...

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