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DISCOVER BANK v. SHEA

827 A.2d 358 (2001)

362 N.J. Super. 200

DISCOVER BANK, Plaintiff, v. James B. SHEA, Defendant.

Superior Court of New Jersey, Law Division, Monmouth County.

Decided October 17, 2001.

Attorney(s) appearing for the Case

Glenn A. Harris, Voorhees, for plaintiff (Ballard Spahr Andrews & Ingersoll, LLP); Alan S. Kaplinsky and Mark J. Levin (Ballard Spahr Andrews & Ingersoll, LLP), Philadelphia, PA, of counsel.

Samuel C. Inglese, Metuchen, for defendant (Moss & Inglese).

ALEXANDER D. LEHRER, J.S.C.

INTRODUCTION

Defendant, James B. Shea, is a plaintiff in a class action filed in California on behalf of Discover's credit card customers who were allegedly charged improper overlimit fees by Discover. Mr. Shea's individual claim is less than $100, but the class claims are alleged to be in the tens of millions. Mr. Shea alleges two types of wrongful conduct by Discover in the California Action:

1. Incorrect identification...

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