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CAPITAL ONE BANK (USA), N.A. v. DENBOER

No. 09-0354.

791 N.W.2d 264 (2010)

CAPITAL ONE BANK (USA), N.A., Plaintiff-Appellant, v. Aric M. DENBOER, Defendant-Appellee. Capital One Bank (USA), N.A., Plaintiff-Appellant, v. Carolyn L. Kelley, Defendant-Appellee.

Court of Appeals of Iowa.

August 25, 2010.

Attorney(s) appearing for the Case

Charles Litow and Piper Lori Hughes , Cedar Rapids, for appellant.

Aric Denboer , Rock Valley, appellee pro se.

Carolyn Kelley , North English, appellee pro se.

Stephen J. Holtman and Abbe M. Stensland of Simmons, Perrine, Moyer, Bergman, P.L.C., Cedar Rapids, for amicus curiae The National Association of Retail Collection Attorneys.

Thomas J. Miller , Attorney General, and Jessica J. Whitney , Assistant Attorney General, for amicus curiae Attorney General of Iowa.

Heard by VAITHESWARAN, P.J., and MANSFIELD and DANILSON, JJ.

MANSFIELD, J.

A credit card issuer challenges the dismissal of two separate small claims actions for failure to comply with Iowa Code section 537.5114 (2007). The lower courts ruled that section 537.5114 requires the creditor to provide the credit card user's entire transaction history dating back to when the account last had a zero balance. We disagree. We hold the creditor may comply with section 537.5114 in either of two ways. First, it may establish the prima...

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