ROBERTS v. FLEET BANK (R.I.)

No. 01-4420.

342 F.3d 260 (2003)

Denise ROBERTS, individually and for all others similarly situated v. FLEET BANK (R.I.), National Association, A Nationally Chartered Bank; Fleet Credit Card Services, L.P., A Rhode Island Limited Partnership Denise Roberts, on behalf of herself and all others similarly situated, Appellant.

United States Court of Appeals, Third Circuit.

Filed August 27, 2003.

Amending Order October 21, 2003.


Attorney(s) appearing for the Case

Ira Neil Richards [Argued], Gary M. Goldstein, Trujillo Rodriguez & Richards, The Penthouse, Philadelphia, PA, Roberta D. Liebenberg, Mary L. Russell, Fine Kaplan & Black, Philadelphia, PA, Marc H. Edelson, Hoffman & Edelson, Doylestown, PA, for Appellant.

Alan S. Kaplinsky, Burt M. Rublin [Argued], Ballard Spahr Andrews & Ingersoll, LLP, Philadelphia, PA, for Appellees.

On behalf of: American Bankers Association, American Financial Services Association, and Consumers Bankers Association as follows:

Mark A. Aronchick, Esquire Hangley Aronchick Segal & Pudlin 1 Logan Square 18th & Cherry Street 27th Floor Philadelphia, PA 19103.

On behalf of the Office of Comptroller of the Currency as follows: Horace G. Sneed, Esquire Office of the Comptroller of Currency 250 East Street, S.W. Washington, DC 20218.

Before: ALITO, FUENTES and OBERDORFER, Circuit Judges.


OPINION OF THE COURT

FUENTES, Circuit Judge.

This Truth in Lending Act case concerns a credit card solicitation that Fleet Bank (R.I.), N.A. and Fleet Credit Card Services, L.P. (collectively "Fleet") sent to Appellant, Denise Roberts, encouraging her to open an account with Fleet based on a promise of a "7.99% Fixed" annual percentage rate ("APR"). The solicitation stated that the interest rate was "NOT an introductory rate" and that "[i]t won't go up in...

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