BARRER v. CHASE BANK USA, N.A.

No. 07-35414.

566 F.3d 883 (2009)

Cheryl BARRER; Walter Barrer, on behalf of themselves and those similarly situated, Plaintiffs-Appellants, v. CHASE BANK USA, N.A., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed May 19, 2009.


Attorney(s) appearing for the Case

Michael D. Braun, Braun Law Group, P.C., Los Angeles, CA, argued the cause for the appellants and filed the briefs. Matthew J. Zevin, Stanley, Mandel & Iola, LLP, San Diego, CA, was also on the briefs.

Nancy R. Thomas, Morrison & Foerster LLP, Los Angeles, CA, argued the cause for the appellee and was on the brief. Robert S. Stern, Morrison & Foerster LLP, Los Angeles, CA, filed the brief. Shirley M. Hufstedler, Morrison & Foerster LLP, Los Angeles, CA, and Angela L. Padilla and Geoffrey Graber, Morrison & Foerster LLP, San Francisco, CA, were also on the brief.

Opinion by Judge O'SCANNLAIN; Partial Concurrence and Partial Dissent by Judge GRABER.


O'SCANNLAIN, Circuit Judge:

We must decide whether a credit card company violates the Truth in Lending Act when it fails to disclose potential risk factors that allow it to raise a cardholder's Annual Percentage Rate.

I

A

Walter and Cheryl Barrer held a credit card account with Chase.1 The Barrers received and accepted the Cardmember Agreement ("the Agreement") governing their relationship at the relevant time...

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