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PEOPLE v. APPLIED CARD

27 A.D.3d 104 (2005)

805 N.Y.S.2d 175

In the Matter of the PEOPLE OF THE STATE OF NEW YORK, by ELIOT SPITZER, as Attorney General, Respondent, v. APPLIED CARD SYSTEMS, INC., et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 1, 2005.

Attorney(s) appearing for the Case

Cooper, Erving & Savage, L.L.P., Albany (Martin C. Bryce Jr. of Ballard, Spahr, Andrews & Ingersoll, L.L.P., Philadelphia, Pennsylvania, admitted pro hac vice, of counsel), for appellants.

Eliot Spitzer, Attorney General, Albany (Mark D. Fleischer of counsel), for respondent.

MERCURE, J.P., CREW III, CARPINELLO and KANE, JJ., concur.

OPINION OF THE COURT

PETERS, J.

Respondent Cross Country Bank, Inc. (hereinafter CCB) provides credit cards to consumers who are otherwise unable to qualify for credit. Respondent Applied Card Systems, Inc. (hereinafter ACS) services CCB's accounts and engages in collection activities. Petitioner contends that CCB was representing, in direct mail solicitations, that prospective consumers would be approved...

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