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PEREZ v. CAPITAL ONE BANK

Record No. 990677.

522 S.E.2d 874 (1999)

258 Va. 612

Carmen PEREZ, Suing Individually and on Behalf of All Others Similarly Situated v. CAPITAL ONE BANK.

Supreme Court of Virginia.

November 5, 1999.

Attorney(s) appearing for the Case

William S. Bilenky, Mechanicsville (Jerome S. Lamet; Lisa M. Raimondi; Jerome S. Lamet & Associates, Chicago, IL, on briefs), for plaintiff.

William G. Broaddus (E. Duncan Getchell, Jr.; J. William Boland; Robert L. Hodges; McGuire, Woods, Battle & Boothe, on brief), Richmond, for defendant.

Amici Curiae: Greater Richmond Chamber of Commerce, Virginia Bankers Association and American Bankers Association (James A. Murphy; LeClair, Ryan, Richmond, on brief), in support of defendant.

Present: CARRICO, C.J., KEENAN and KINSER, JJ., POFF, STEPHENSON, and WHITING, Senior Justices, and COCHRAN, Retired Justice.

STEPHENSON, Senior Justice.

The United States District Court for the Northern District of Illinois entered an order of certification requesting that we exercise our certification jurisdiction, Va. Const. art. VI, § 1; Rule 5:42, and answer the following question:

Does § 6.1-330.63 of the Virginia Code preclude a challenge, under the common law doctrine of unlawful liquidated damages, to late fees included...

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