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Hill v. Chemical Bank, 799 F. Supp. 948 (D. Minn. 1992)

799 F. Supp. 948 (1992)

Norma K. HILL and all others similarly situated, Plaintiffs,
v.
CHEMICAL BANK, f/k/a Chemical Bank Delaware, Defendant.
Walter FASULO, Karen Fasulo, and all others similarly situated, Plaintiffs,
v.
CHEMICAL BANK, f/k/a Chemical Bank Delaware, Defendant.

Nos. 3-92 CIV 255, 3-92 CIV 387.

United States District Court, D. Minnesota, Third Division.

August 4, 1992.

*949 Reinhardt and Anderson by Mark Reinhardt, St. Paul, Minn., appeared, for plaintiff Hill.

Chestnut and Brooks by Stuart C. Bear, and Michael Donovan, Minneapolis, Minn., appeared, for plaintiffs Fasulo.

Morrison & Foerster by Jack C. Auspitz, New York City, and Doherty, Rumble & Butler by James R. Crassweller, St. Paul, Minn., appeared, for defendant.

 
ORDER

ALSOP, District Judge.

The above-entitled matters came on for hearing before this court on July 21, 1992, upon the motions of plaintiffs to remand these matters to state court. Although these matters are not formally consolidated, the remand motions have been heard and considered together because the issues in both motions are identical. For the reasons set forth below, plaintiffs' motions to remand will be denied.

 
I. FACTUAL BACKGROUND.

Plaintiffs in these matters are Minnesota residents who hold credit cards issued by defendant Chemical Bank, f/k/a Chemical Bank Delaware. Chemical Bank is chartered by the State of New York, has its principal place of business in New York, and is insured by the Federal Deposit Insurance Corporation ("FDIC"). Plaintiffs initiated these actions in state court, alleging that defendant's practice of charging *950 late fees and "overlimit" fees violates Minnesota law.

Specifically, plaintiffs allege that defendant's charging Minnesota credit cardholders late fees and overlimit fees,[1] in addition to a periodic interest charge and an annual fee, violates Minn.Stat. § 48.185, subd. 4. Based on this alleged violation, plaintiffs assert causes of action under Minnesota law for deceptive trade practices and unjust enrichment. The Hill complaint also asserts a cause of action under Minn.Stat. § 48.185. Plaintiffs ask the court to certify their actions as class actions, to issue declaratory and injunctive relief prohibiting defendant's practice of charging late and overlimit fees, and to award damages, attorney's fees and costs.

Chemical Bank timely removed both actions pursuant to 28 U.S.C. § 1441(b), alleging both federal question and diversity jurisdiction.[2] Chemical Bank alleges that federal question jurisdiction exists because plaintiffs' actions "necessarily implicate[] and arise[] under Section 521 of the Depository Institutions Deregulation and Monetary Control Act of 1980 ("DIDA"), 12 U.S.C. § 1831d, because Section 521 of that Act governs the legality of interest charges, including late charges, a federally insured state-chartered bank may make in connection with interstate loans ... and provides the remedy for persons seeking to challenge such charges." Defendants's Notice of Removal, Hill v. Chemical Bank, at 2.

 
II. DISCUSSION.

Removal of a state court action based on federal question jurisdiction is proper only if the action asserts a claim "arising under the Constitution, laws, or treaties of the United States" 28 U.S.C. §§ 1331, 1441. Ordinarily, a case "arises under" federal law only when a federal question appears on the face of the plaintiff's "well-pleaded complaint." Gully v. First National Bank, 299 U.S. 109, 57 S. Ct. 96, 81 L. Ed. 70 (1936); Louisville & Nashville R. Co. v. Mottley, 211 U.S. 149, 29 S. Ct. 42, 53 L. Ed. 126 (1908). Under the well-pleaded complaint rule, a case cannot be removed based on a federal defense to a state law claim, including the defense of preemption, even if the defense is anticipated in the complaint and both parties concede that it is the only question at issue. Caterpillar, Inc. v. Williams, 482 U.S. 386, 392, 107 S. Ct. 2425, 2429, 96 L. Ed. 2d 318 (1987); Franchise Tax Bd. of Cal. v. Constr. Laborers Vacation Trust, 463 U.S. 1, 12, 103 S. Ct. 2841, 2847, 77 L. Ed. 2d 420 (1983).

A narrow exception to the well-pleaded complaint rule exists, however, where Congress has "so completely preempt[ed] a particular area that any civil complaint raising this select group of claims is necessarily federal in character." Metropolitan Life Ins. Co. v. Taylor, 481 U.S. 58, 63-64, 107 S. Ct. 1542, 1546, 95 L. Ed. 2d 55 (1987). The Supreme Court has found complete preemption in only three areas: (1) in relation to Section 301 of the Labor Management Relations Act of 1947, 29 U.S.C. § 185; (2) relating to the Employment Retirement Income Security Act, 29 U.S.C. §§ 1001-1461; and (3) concerning Indian Rights. See Queen v. City of Detroit, 874 F.2d 332, 342 (6th Cir. 1989). The Eighth Circuit has found complete preemption in other areas. See Deford v. Soo Line R.R., 867 F.2d 1080 (8th Cir.), cert. denied, 492 U.S. 927, 109 S. Ct. 3265, 106 L. Ed. 2d 610 (1989) (finding complete preemption under the Railway Labor Act, 45 U.S.C. §§ 151-188). Significantly for the instant cases, the Eighth Circuit recently held in M. Nahas & Co. v. First Nat. Bank of Hot Springs, 930 F.2d 608 (8th Cir.1991), that Section 86 of the National Bank Act completely *951 preempts the field of usury claims against national banks.

Determining whether the complete preemption doctrine permits removal of the instant cases requires a two-step analysis. First, the court must determine whether § 521 of DIDA completely preempts the field of usury claims against FDIC-insured state banks. Second, the court must determine whether plaintiffs' claims are in fact usury claims, that is claims challenging the "rate of interest" charged by an FDIC-insured state bank within the meaning of § 521.

 
A. Complete Preemption Under Section 521.

Section 521(a) of DIDA establishes the maximum interest rate for loans made by state-chartered, FDIC-insured banks. Under § 521(a), these banks may charge interest at the "rate allowed" in the state where the bank is located or at 1% over the federal reserve discount rate for 90-day commercial paper, whichever is greater. The statute expressly preempts any conflicting state law.[3] Section 521(b) of DIDA creates a federal remedy in favor of borrowers who are charged rates in excess of the limit established in § 521(a). Borrowers may recover twice the amount of interest paid on a usurious loan, and the entire interest due on the loan will be deemed forfeited.[4]

Prior to the enactment of DIDA in 1980, regulation of interest rates charged by state banks was solely a matter of state law. In contrast, federal law has governed the interest rates chargeable by national banks since the enactment of the National Bank Act in 1864. Under federal law, national banks are afforded "most favored lender" status, meaning a national bank may charge the highest rates allowed to any competing institution in the state in which it is located. In addition, national banks may "export" a favorable interest rate from its home state in transactions with borrowers from other states. Marquette National Bank v. First Omaha Service Corp., 439 U.S. 299, 99 S. Ct. 540, 58 L. Ed. 2d 534 (1978). In 1979 and 1980, a period of extremely high interest rates, national banks enjoyed a competitive advantage over state banks which were bound by lower state usury ceilings. As the language and legislative history of § 521 make clear, Congress enacted § 521 to create parity between national and state banks with respect to usury limitations.[5]

*952 The key language of § 521 is substantially identical to the language of §§ 85 and 86 of the National Bank Act, the federal usury provisions governing national banks. Generally, similar language should be interpreted in the same way, unless context requires a different interpretation. Further, Congress is presumed to be aware of judicial interpretations of statutory language when it intentionally incorporates the language of one statute into another statute. See Holmes v. Security Investor Protection Corp., ___ U.S. ___, ___-___, 112 S. Ct. 1311, 1317-18, 117 L. Ed. 2d 532 (1992); Lorillard v. Pons, 434 U.S. 575, 580-81, 98 S. Ct. 866, 869-70, 55 L. Ed. 2d 40 (1978). Given the similarity of language and the clearly expressed intent of Congress to create parity between state and national banks, § 521 should be interpreted consistently with sections 85 and 86. Other courts concur in this conclusion. See Gavey Properties/762 v. First Financial Savings & Loan, 845 F.2d 519, 521 (5th Cir.1988) (interpreting DIDA § 522, the analog to § 521 for savings and loans, to "harmonize fully" with § 85 of the National Bank Act); Vanderweyst v. First State Bank of Benson, 425 N.W.2d 803 (Minn. 1988) (holding that DIDA § 521 grants federally insured, state chartered banks the most favored lender status enjoyed by national banks). The FDIC has similarly interpreted DIDA § 521 to provide state banks with the same interest rate authority as national banks. See Exhibit 2 to Affidavit of James R. Crassweller, letter dated July 8, 1992 by Douglas H. Jones, Deputy General Counsel, FDIC ("Jones Opinion").

In M. Nahas, supra, the Eighth Circuit addressed the question whether a state law usury action against a national bank is removable under the complete preemption doctrine. The plaintiff in M. Nahas asserted a claim under Arkansas Law against a national bank for charging interest rates exceeding the limits of Arkansas usury law. Finding it well-settled that Section 86 creates an exclusive federal remedy for usury by national banks, the Eighth Circuit stated that removal under the complete preemption doctrine is "most appropriate where Congress has created an exclusive federal remedy that displaces any overlapping or inconsistent state remedies." 930 F.2d at 612. "Thus, whether or not plaintiff artfully attempted to couch its complaint wholly in state law terms, it was necessarily federal in nature and properly removable." Id.

The use of language in § 521(b) nearly identical to that of § 86 of the National Bank Act compels the conclusion that, like § 86, § 521(b) creates an exclusive federal remedy. That § 86 provided an exclusive federal remedy was well-settled long before DIDA was enacted. See, e.g., First Nat'l Bank v. Nowlin, 509 F.2d 872, 881 (8th Cir.1975) (citing Supreme Court cases from the early 1900's in holding that § 86 creates an exclusive federal remedy). Moreover, subjecting state banks to the many and various state law remedies while national banks are subject only to the federal remedy would disrupt the "level playing field" Congress envisioned in enacting § 521. Accordingly, § 521(b) must be interpreted as an exclusive federal remedy for usury claims against federally insured, state-chartered banks.

Section 521 extends to state banks the same substantive usury restrictions and the same exclusive federal remedy that the Eighth Circuit addressed in M. Nahas. Under the reasoning of M. Nahas, it follows that § 521 of DIDA completely preempts the field of usury claims against federally-insured state banks.

 
B. Late and Overlimit Fees as Interest.

Plaintiffs steadfastly argue that their claims in these cases fall outside the scope of § 521, and therefore outside the scope of any complete preemption, because the late and overlimit fees plaintiffs challenge are not "interest" within the meaning of § 521. Defendant argues that late and overlimit fees are components of interest under § 521 and, therefore, even though *953 plaintiffs characterize their claims otherwise, plaintiffs in substance seek a remedy for usurious interest.

This court recently addressed precisely this issue in the context of the National Bank Act in Nelson, et al. v. Citibank, N.A., 794 F. Supp. 312 and Tikkanen v. Citibank, N.A., 794 F. Supp. 312 (Memorandum and Order of May 28, 1992 applicable to both cases) (MacLaughlin, C.J.). Nelson is a putative class action by Minnesota credit cardholders asserting the same claims against national banks as those Hill and Fasulo assert against Chemical Bank.[6] Finding a "wealth of authority" in the form of a long line of case law as well as agency determinations interpreting "interest" under § 85 of the National Bank Act to include fees other than periodic interest charges, the court held that, for purposes of removal, late fees and overlimit fees are "interest" under § 85. Nelson, 794 F. Supp. at 318-320. Nelson places particular reliance on Fisher v. First National Bank, 548 F.2d 255 (8th Cir.1977), in which the court considered a flat fee for cash advances on a credit card a component of interest which can be "borrowed" by national banks under the most favored lender doctrine.

The same result must hold true under § 521. As indicated earlier, interpreting § 521 as consistent with § 85 is appropriate in light of the identity of language and Congress' intent to treat state and national banks equally. Moreover, the FDIC has interpreted § 521 to include late fees within its scope. The FDIC states in a recent opinion letter:

 
[I]t is our position that Section 521 authorizes state-chartered FDIC-insured banks to charge interest at the rate allowed to the "most favored lender" by the laws of the state in which the bank is chartered, even if that rate exceeds the maximum permitted by an out-of-state borrower's state of residence. That authorization necessarily includes the right to charge late fees and other charges permitted by the bank's home state which are either a component of interest or material to the determination of the interest rate.

Jones Opinion, supra, at p. 2.

The FDIC is the agency charged with administering and enforcing the Federal Deposit Insurance Act, of which § 521 is a part. As such, its interpretation is entitled to deference. Chevron U.S.A. Inc. v. Natural Resources Defense Council, 467 U.S. 837, 104 S. Ct. 2778, 81 L. Ed. 2d 694 (1984); Independent Bankers Ass'n of America v. Clarke, 917 F.2d 1126 (8th Cir.1990). The court finds the FDIC's interpretation reasonable. Based on Nelson, Fisher, and the FDIC's position, the court concludes that, for purposes of removal, plaintiff's claims challenging late and overlimit fees are challenges to "interest" under § 521 and therefore properly removable.

In advocating the contrary view, plaintiffs rely primarily on Greenwood Trust Co. v. Commonwealth of Massachusetts, 776 F. Supp. 21 (D.Mass.1991), appeal heard June 3, 1992. Greenwood Trust involved a federally insured Delaware bank which imposed late charges, permissible under Delaware law, to credit cardholders in Massachusetts. Massachusetts law prohibits late charges. The district court in Greenwood Trust held that the term "interest" in § 521 referred only to numerical periodic interest rates and, therefore, § 521 did not preempt the Massachusetts law prohibiting late charges on credit cards.

The court respectfully disagrees with the analysis in Greenwood Trust. In this court's view, Greenwood Trust places insufficient weight on judicial and agency interpretations of the term "interest" under § 85 of the National Bank Act which, as Nelson indicates, take an expansive view of the term. Congress used identical language in § 521, and declined to provide any specific definition of the term "interest." In such circumstances, it seems highly *954 unlikely Congress intended the term "interest" to have a more narrow meaning under § 521 than under § 85.

In reaching its conclusion, the Greenwood Trust court relies on the Senate Report relating to § 501 of DIDA which limits the preemptive scope of § 501 to periodic interest rates, expressly excluding late charges. Greenwood Trust, 776 F. Supp. at 29. This reliance is misplaced. Section 501 applies only to first-lien residential mortgage loans made by various types of lenders, while § 521 applies to any loan made by federally insured state-chartered banks. The two sections originated in different bills, were codified in different Acts, and served different purposes. Accordingly, the legislative history of § 501 is not necessarily an indication of Congress' intent in enacting § 521. In addition, the comment on § 501 can cut both ways. The absence of a comparable comment limiting the preemptive scope of § 521 arguably indicates that Congress intended that, absent limiting language, the term "interest" be interpreted to include more than the numerical periodic interest rate, as is the case under § 85 of the National Bank Act.

The court also disagrees with the Greenwood Trust court's assessment of the DIDA provisions allowing states to opt out of the preemptive effect of the DIDA usury provisions. Greenwood Trust argues that because Congress sought to accommodate state usury restrictions in this way, Congress must have intended only a narrow incursion into state usury regulation. 776 F. Supp. at 30, 34-35. The conclusion does not follow from the premise. It is equally possible that Congress, recognizing the broad preemptive scope of DIDA, adopted the opt-out provision as its sole consolation to the states. The best evidence of the preemptive scope of § 521 is the language and the history of the section itself which, for the reasons stated above, indicate "interest" includes late fees, over-limit fees, and similar charges.

 
III. CONCLUSION.

Upon the foregoing, and all the files, records, and proceedings herein,

IT IS ORDERED That plaintiffs' motions to remand the instant actions are DENIED.

NOTES

[1] As the labels indicate, a "late fee" is a flat charge assessed against a credit cardholder who fails to timely pay on the credit cardholder's balance, and an "overlimit fee" is a flat charge assessed against cardholders who exceed their credit limit. The Fasulo complaint challenges only the imposition of late fees, while the Hill complaint challenges both late fees and overlimit fees.

[2] Because the court concludes that removal is proper on federal question grounds, it need not reach defendant's assertion that diversity jurisdiction also exists.

[3] Section 521(a), 12 U.S.C. § 1831d(a), reads in relevant part:

In order to prevent discrimination against State-chartered insured depository institutions ... with respect to interest rates, if the applicable rate prescribed in this subsection exceeds the rate such State bank ... would be permitted to charge in the absence of this subsection, such State bank ... may, notwithstanding any State constitution or statute which is hereby preempted for the purposes of this section, take, receive, reserve, and charge on any loan or discount made ... interest at a rate of not more than 1 per centum in excess of the discount rate on ninety-day commercial paper in effect at the Federal Reserve Bank in the Federal Reserve district where such State ... bank is located or at the rate allowed by the laws of the State ... where the bank is located, whichever may be greater.

[4] Section 521(b), 12 U.S.C. § 1831d(b), reads in relevant part:

If the rate prescribed in subsection (a) exceeds the rate such State bank ... would be permitted to charge in the absence of this section, and such State fixed rate is thereby preempted by the rate described in subsection (a), the taking, receiving, reserving, or charging a greater rate of interest than is allowed by subsection (a), when knowingly done, shall be deemed a forfeiture of the entire interest which the note, bill, or other evidence of debt carries with it, or which has been agreed to be paid thereon. If such greater rate of interest has been paid, the person who paid it may recover in a civil action commenced in a court of appropriate jurisdiction not later than two years after the date of such payment, an amount equal to twice the amount of the interest paid from such State bank taking, receiving, reserving, or charging such interest.

[5] The introductory sentence of § 521 states that its purpose is to "prevent discrimination" against state banks. See supra at note 3. Statements of Senators Proxmire and Bumpers in support of the bill which ultimately became § 521 verify that Congress intended that state and national banks receive equal treatment with respect to interest rates. See 126 Cong.Rec. 4217 (daily ed. Feb. 28, 1980) (statement of Sen. Bumpers) ("competitive equity dictates that financial institutions offering similar products should be subject to similar rules"); 126 Cong. Rec.S. 6894 (March 27, 1980) (statement of Sen. Proxmire) ("[Section 521] seeks to create a level playing field so that all institutions may compete on the same terms").

[6] The original complaint in Nelson contained an additional claim under the Minnesota usury statute, Minn.Stat. § 48.196. Plaintiffs dropped this claim from their amended complaint. Although the Nelson court held the removal issue was to be determined based on the original complaint, it went on to hold that the case was removable based on the amended complaint as well. Nelson, 794 F. Supp. at 316, n. 4.

Источник: https://law.justia.com/cases/federal/district-courts/FSupp/799/948/1379201/

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Источник: https://support.apple.com/en-us/HT204916

What is a credit card size?

The size of a standard credit card is 3.37 x 2.125 x 0.0625 inches as per ID-1 standardof the International StandardISO/IEC 7810. These sizes are also the same for debit cards, ATM cards, national IDs, driver licenses, etc.


Following are the credit card sizes & dimensions in different measuring units.

Credit Card SizeWidthHeightThicknessCorner Radius
Inch3.37 Inch2.125 Inch0.0625 Inch0.125 Inch
Centimeter (cm)8.56 cm5.39 cm0.159 cm0.318 cm
Millimeter (mm)85.6 mm53.98 mm1.588 mm3.18 mm
Pixels (72 DPI)242.64 px225 px4.5 px9 px
Pixels (300 DPI)1011 px637.5 px18.75 px37.5 px

Credit Card Size in inches and mm

So, in summary, a credit or ATM card size is3.37 inches (85.6 mm)in width,2.125 inches (53.98 mm)in height,0.0625 inches (1.588 mm)in thickness, and have a corner radius of0.125 inches (3.18 mm)as per the definedID-1 sizein international standardISO/IEC 7810. This size is also known as CR80.

Credit Card Thickness

The ISO/IEC 7810 specifies that all Credit Cards or other IDs, including (ID-1, ID-2, ID-3 & ID-000) should have a thickness of 0.76 millimeters (0.0312 inches).

The actual thickness of a credit card slightly varies from card to card if you include the extruded text on credit cards.

The thickness of a credit card also depends on the construction material used to construct a card. For instance, an apple credit card is made of titanium and is around 0.0325 inches thick, slightly thicker than 0.0312 inches. On the other hand, I have seen plastic cards as thick as 0.036 inches.Apple Credit Card Thickness
The thickness of credit cards is often measured in Mils. One Mil is the 1000th part of an inch. So 0.0312 inches translated to an exact 31.2 Mils.

How did the credit card size get standardized?

The generic size of a credit card is based on the first credit card issued by Bank of America in 1958. Of course, that size was not the same as we see today, but it was close. So we can say that Bank of America is the one who decided the size of a credit card for the first time.

Similarly, cards issued for ATMs in the 60s & 70s also played a vital role in credit card size standardizations.Credit card size history
For example, the first ATM bank card was issued by Barclays in London in 1967 had the same size we have at the moment. In the united stated, Chemical Bank issued its first ATM card in Long Island.

And, the first POS machines also got introduced after a few years in 1973 by IBM. The cards used for the POS machines were the same issued for ATMs helping to increase the demand for a bank card.

Over time, ATM & POS machines saw tremendous growth in adoption by banks and merchants across the globe. However, since there were a few ATM & POS machine manufacturers, luckily, the card sizes remained the same across the industry.

Since the credit card size was quite convenient in handling, companies & governments started to assign the same size to business cards, hotel cards, licenses, and other ID cards. This standardization made it easier for people to organize these cards in their wallet pockets. Imagine the chaos if you had 6 different size cards to organize in your wallet that has all the same size pockets?

When the types & companies dealing with credit cards boomed, in 2003, the International Organization for Standardization and the International Electrotechnical Commission (IEC) issued a standard ISO/IEC 7810:2003, which provides guidelines for different types of cards & their sizes.

Below is the summary of the size guidelines listed in the ISO standard.

NameSize in mmSize in inchesDetails
ID-185.6 x 53.983.4 x 2.1Most banking cards and ID cards
ID-285.6 x 53.984.1 x 2.9French and other ID cards. Visas.
ID-385.6 x 53.984.9 x 3.5United States government ID cards
ID-00085.6 x 53.981 x 0.6Mobile SIM cards

The latest version of the standard isISO/IEC 7810:2019, issued in 2019-12.

Are all credit cards the same size?

Luckily, even before the standardization started, all credit cards and debit cards were the same sizes. This was mainly due to a few suppliers making the ATM & POS machines for all banks across the globe.

Later on, the size became a norm and helped using the same card everywhere.

The ISO standard makes sure that all cards have the same size, especially the ID cards, which were being made in different sizes before the standard was issued.

Since the credit cards were defining the size of pockets in wallets, most wallet manufacturers also standardized the pockets for other items like transparent pocket for a wallet size photo.

What is a credit card made of?

Credit & Debit cards are normally made of plastic, and to provide an additional strength against twisting & bending, multiple plastic thin sheets are laminated together. This also helps avoiding cracks propagation.

The center layer is mainly made of PVC plastic resin known as Polyvinyl Chloride Acetate. Multiple materials, pigments, and shiny particles are introduced in the center layer to give it a premium look and finish.

Plastic also provides an additional advantage of hot stamping the digits on the card. Since hot-stamped data on the card remains there for a longer period of time; as a result, banks don't have to replace the cards too often.

The thickness of a credit card is around 0.03 inches, and a plastic card of this much thickness is quite stiff to absorb all the abuse it will face.

The back of the credit card has a magnetic strip that is directly printed on the card. The magnetic strip stores related encrypted data required to make a transaction.

Additional Read:
1.HOW TO PROTECT A CREDIT CARD FROM GETTING DAMAGED IN A WALLET?
2.ARE MAGNETIC MONEY CLIPS SAFE FOR YOUR CREDIT CARDS?

Font size of credit card numbers

The font size on a credit card is around 12-16 points. However, different banks use different sizes as there is no underlying standard for the font used on a credit card.Credit Card Font size
Similarly, there is no standard for the font type or name, but mainly a monospace font like Courier, Consolas, Lucida Console / Lucida Sans Typewriter, etcetera are used. It's again at the discretion of the issuing bank to use whatever font they like.

Credit Card's Lamination Pouches Size

The laminating pouches used for protecting a credit card are exactly ‎3.38 x 2.13 x 0.01 inches in size, which is slightly larger than a standard credit card.

You can also find credit card sleeves from Amazon, which come in different sizes & most of them areRFID protected. The average size I calculated was 3.5 inches in length and 2.25 inches in height. A sleeve of this much size will easily fit a standard credit card.

Comparison of a credit card with other items

Below are a few images showing the comparative size of a credit card with different daily usage items.Credit Card size in comparison to a business card and dollar billCredit Card size in comparison to a wallet and Iphone 11 Pro

Источник: https://myaurochs.com/blogs/news/whats-a-credit-cards-size

Final Verdict

Chase offers numerous credit cards that offer cash back, rewards, and other attractive benefits. It partners with many well-known brands and its proprietary rewards program is one of the most popular. Of all of its credit cards, the Chase Freedom Unlimited is our choice for the best overall card. With its lucrative cash back offers and flexible redemption program, it's also our choice for the best cash back credit card.

Compare the Best Chase Credit Cards

Credit CardAnnual FeeIntro OfferRewards
Chase Freedom Unlimited
Best Overall, Best Cash Back
$0$200 after $500 within 3 months5% travel through Chase 3% at restaurants and drug stores Unlimited 1.5% all else
Ink Business Unlimited
Best Business
$0$750 after $7,500 within 3 monthsUnlimited 1.5%
Chase Sapphire Preferred
Best Bonus
$9560,000 points after $4,000 within 3 months5X points on travel purchased through Chase Ultimate Rewards(R), 3X points on dining and 2X points on all other travel purchases
Chase Freedom Student
Best Student
$0$50 after 1st purchase within 3 months1% on all purchases
Chase Sapphire Reserve
Best Travel
$55050,000 points after $4,000 in 3 months3x dining and travel 1x all else
United Explorer
Best Airline
$95 (first year waived)60,000 miles after $3,000 in 3 months; Additional 10,000 after $6,000 total in 6 months2x on United, dining, and hotels
Marriott Bonvoy Boundless
Best Hotel
$953 Free Nights (up to 50,000 points each) after you spend $3,000 in 3 months6x at Marriott 2x all else

Editorial Picks for Best Chase Credit Cards

Chase Freedom Unlimited

Best Overall, Best Cash Back

The Chase Freedom Unlimited is the best overall Chase card and best for cash back with its unlimited 1.5% cash back and bonus categories for travel, dining, and drugstores. Rewards can be redeemed for cash back, travel, gift cards, and more.

Read the Full Chase Freedom Unlimited Review.

Ink Business Unlimited

Best Business

The best Chase credit card for business owners is the Ink Business Unlimited because it earns an unlimited 1.5% cash back on every purchase. It has a strong one-time bonus offer and comes with free employee cards to help earn additional rewards.

Read the Full Ink Business Unlimited Review.

Chase Sapphire Preferred

Best Bonus

The best bonus from Chase is available with the Chase Sapphire Preferred Card. New cardholders can earn 60,000 points, which is worth up to $750 when booking airfare, hotels, car rentals and cruises through Chase Ultimate Rewards.

Read the Full Chase Sapphire Preferred Review.

Chase Freedom Student

Best Student

Students will love the Chase Freedom Student card because of its unlimited 1% cash back and annual bonuses for being responsible with the card. It includes free access to your credit score and it's possible to earn a larger credit limit after making five payments on time.

Read the Full Chase Freedom Student Review.

Chase Sapphire Reserve

Best Travel

The best travel credit card from Chase is the Chase Sapphire Reserve because of its valuable rewards and travel perks. Cardholders receive airline lounge access, primary rental car protection, and much more. Earn 5X total points on air travel and 10X total points on hotels and car rentals when you purchase travel through Chase Ultimate Rewards(R) immediately after the first $300 is spent on travel purchases annually.

Read the Full Chase Sapphire Reserve Review.

United Explorer

Best Airline

The United Explorer Card is the best airline credit card from Chase because of its travel perks when flying United, reimbursement for Global Entry or TSA Precheck, and two complimentary airport lounge passes each year. It also offers a substantial one-time bonus and waives the annual fee for the first 12 months.

Read the Full United Explorer Review.

Marriott Bonvoy Boundless

Best Hotel

The Marriott Bonvoy Boundless card provides automatic Silver elite status and an upgrade to Gold based on your spending. It comes with an annual free night certificate and offers an attractive welcome bonus that can be used to book a rewarding getaway.

Read the Full Marriott Bonvoy Boundless Review.

Types of Chase Credit Cards

Chase issues Visa and Mastercard network-branded cards but not American Express or Discover network-branded cards. It offers the following types of credit cards:

  • Generic travel points
  • Cash back cards
  • Co-branded partner loyalty programs
  • Small business credit cards
  • 0% APR promotions
  • Student cards

Chase does not offer a secured credit card at this time.

Is a Chase Credit Card Right for Me?

Chase offers credit cards that attract a diverse set of customers using a variety of rewards programs, welcome bonuses, benefits, annual fees, and interest rates. The majority of its credit cards earn rewards, like the Chase Freedom Unlimited (cash back), United Explorer (airline miles), and Chase Sapphire Preferred (general travel points). Chase is an excellent match for customers who pay their balance in full each month to avoid interest while earning rewards on their purchases.

Chase Credit Card Benefits

Its cards include a variety of benefits that cater to its target customer, like airport lounge access for the Chase Sapphire Reserve. Benefits like purchase protection and extended warranty protect your purchases and are included with a majority of its cards. Chase also provides free credit scores to customers through its Credit Journey program.

Fees for Chase Credit Cards

Customers can choose from a variety of annual fees with Chase, ranging from $0 to $550 per year. While some people are hesitant to pay an annual fee, many others feel that the benefits received far outweigh the fees that they pay.

Many of its credit cards waive foreign transaction fees, which can be up to 3% of any international purchase. A handful of its cards still charge this fee, like the Chase Freedom Unlimited, so double-check before departing on an international vacation.

Interest Rates for Chase Credit Cards

Most of the Chase credit cards have interest rates starting in the 14% to 17% range. However, depending on your creditworthiness, your rates may be higher. If you pay your statement balance in full each month by the due date, you will not be charged any interest for your purchases.

Some of its credit cards have 0% APR promotions on balance transfers, purchases, or both. These offers provide extra time to pay off your balance before being charged interest.

How Chase’s Ultimate Rewards Program Works

Chase issues numerous cards that earn Ultimate Rewards, which can be redeemed for travel, gift cards, Amazon.com gift certificates, and Apple merchandise or transferred to Chase travel partner loyalty programs (like Hyatt, Marriott, and United Airlines), usually on a 1:1 basis. Chase’s premium travel card, Sapphire Reserve, offers a 50% premium on Ultimate Rewards points when they're redeemed for travel through the UR travel portal, while the Sapphire Preferred and Ink Preferred provide a 25% premium.

The following Chase cards offer Ultimate Rewards:

  • Chase Sapphire Reserve
  • Chase Sapphire Preferred
  • Chase Ink Preferred
  • Chase Freedom
  • Chase Freedom Unlimited
  • Chase Freedom Student
  • Ink Business Preferred
  • Ink Business Unlimited
  • Ink Business Cash

For more details on Ultimate Rewards, please see our Ultimate Guide to Chase Ultimate Rewards.

Aside from Chase’s Ultimate Rewards program, the bank offers other rewards cards that include cash back (both flat rate and ones with bonus cash back on quarterly rotating categories) and partner-based programs like airline, hotel, and retailer loyalty points.

What Credit Score Is Needed for a Chase Credit Card?

Chase generally requires excellent credit for most of its card products but does offer a few cards aimed at those with merely good credit. Excellent credit typically requires a FICO score of 740 or better, while a good credit score starts at 670. The Chase Freedom Student Card is targeted to young adults that are just starting out, but it also requires a credit score of 670 or greater. Chase does not offer cards for fair or bad credit and doesn't have a secured credit card.

You can apply for a Chase credit card online 24 hours a day through our referral links above. When applying for a personal Chase credit card, you'll need to provide the following information:

  • Full name
  • Address
  • Type of residence
  • Date of birth
  • Mother's maiden name
  • Email address
  • Phone number
  • Social Security number
  • Total gross annual income
  • Source of income

Many applicants will receive an instant decision with their new credit limit. If you're approved, you should receive your new card in 7 to 10 business days.

Pending applications can call Chase at 800-432-3117 to discuss the application and answer any questions they might have. Or you may choose to wait until a letter arrives in 7 to 10 business days that explains their decision or requests additional information.

Does Chase Have a 5/24 Rule?

Chase uses an in-house guideline to manage its card risk, called the 5/24 Rule. It will not approve applicants who have opened five or more accounts in the past 24 months. This rule applies to any new credit card accounts, not just those with Chase. Small business credit cards generally do not count toward this limit because most banks do not report them to your personal credit report.

What Is the History of Chase?

Chase credit cards are issued by Chase Bank, N.A., which itself is part of the retail banking arm of financial services behemoth J.P. Morgan Chase, the largest banking organization in the U.S. and sixth-largest in the world. J.P. Morgan Chase has grown over time through the acquisition and merger of multiple large banking organizations in the past 20 years, such as Bank One, Chemical Bank, and Washington Mutual. The biggest of these was the merger of J.P. Morgan and Chase Manhattan Bank in 2000, which resulted in the company's new name and branding.

Chase issues many rewards cards to consumers, students, and small business owners, with rewards that include both cash back and points. Its cards also provide options for cardholders wishing to transfer balances and manage spending. Chase has partnerships with numerous major airlines, hotels, and retail organizations and offers specialized rewards programs through co-branded credit cards. Partnerships include Amazon, Disney, Hyatt, Marriott, IHG, United Airlines, and Southwest Airlines.

Methodology

To find the best Chase credit cards, we analyzed every publicly available credit card offered by the bank. We gathered data points on each card, including annual fees, interest rates, welcome bonuses, earnings power, benefits, and more. Each data point was assigned a score and ranked against other Chase cards to pick the best for each category. We continuously monitor data from card issuers to update our rankings and ensure that we're presenting the most accurate information to our readers.

MEET OUR CREDIT CARDS EXPERT

Ben Woolsey is Investopedia's Associate Editorial Director of Financial Products and Services, including credit cards. He has more than 30 years of experience in the financial services industry, including marketing for banking and financial institutions such as Associates First Capital and Bank One. Prior to Investopedia, he managed credit card content for CreditCards.com and Bankrate.com.

Источник: https://www.investopedia.com/best-chase-credit-cards-5071388

Debit Cards: History, Design & Accepting Card Payments

How Does a Debit Card Work?

While credit cards and debit cards look similar, the key difference is where the funds originate:

  • With a credit card payment, the account number on the card is tied to a line of credit offered to the customer’s card-issuing bank. The bank, in turn, provides the funds to pay the merchant.
  • With a debit card payment, the account number is linked directly to the cardholder’s bank account. The full amount or the purchase is immediately deducted from his or her account balance. (Issuing bank must confirm the cardholder has available funds to complete the transaction.)

Debit Card History: Three Major Milestones

Debit cards have evolved dramatically over the years – spurred by consumer demand and technological improvements. Below are three significant milestones throughout debit card history.

1966: The Bank of Delaware launches a debit card pilot program as an alternative to carrying cash or a checkbook. Adoption of this new debit card system is slow because there’s no technology connecting merchants to banks outside their state.1

1969: The first Automatic Teller Machine (ATM) in the U.S. makes its appearance at Chemical Bank in Rockville, New York. Consumers are able to withdraw cash using a form and a PIN number. Debit cards made the process more user-friendly in the 1970s.2

2017: Approximately 66 percent of American consumers say they prefer making debit card payments over credit cards because they give them more control over their finances by preventing overspending and interest charges.3

Different Types of Debit Cards

Like credit cards, most debit cards come with:

  • Imprinted account numbers (for online transactions)
  • Magnetic stripes (for legacy card terminals)

They are also programmed with Personal Identification Numbers (PINs) to protect customers, merchants, and banks from fraudulent debit card payments.

However, many newer types of debit cards come with additional fraud prevention technology to help keep users safe:

  • Most debit cards are now issued with embedded security chips that help reduce the risk of fraudulent transactions. Instead of swiping these types of debit cards, consumers dip their plastic into chip readers (Click here to learn more about EMV).
  • There are also contactless debit cards that leverage Near Field Communication (NFC) technology. With this payment option, the plastic never touches the reader. Instead, users wave their contactless debit cards close to the NFC terminal to initiate transactions

The Mechanics of Accepting Debit Card Payments

The Debit Transaction Process

Payments made with debit cards are processed the same way as those made with credit cards. The only difference is that once the transaction is identified as a debit payment (either by the POS system or the customer), the cardholder is prompted to enter his or her PIN.

After authenticating the PIN, the payment is routed to a debit network, such as First Data’s STAR, Pulse, NYCE, or SHAZAM, which handles:

  • Authorizing
  • Clearing
  • Settlement

Some debit cards are also attached to a credit card network to enable signature debit transactions. These can be processed as either debit or credit:

  • Depending on the POS system used, the merchant or the cardholder gets to choose
  • If credit is selected, the transaction will be routed through the associated credit network and will require a signature for authentication rather than a PIN

Adding a Debit Card System to Your Payment Environment

Although there are differences between how credit and debit cards work, you don’t need to configure your payment environment for one or the other. If you currently accept credit card payments, you’re already set up for debit cards.

However, there are steps you can take to:

  • Decrease costs
  • Reduce fraud
  • Increase sales

That’s where our PCI-compliant payment solutions can help. To learn more about our approach to secure credit and debit card processing, contact us today.

Источник: https://carat.fiserv.com/en-us/resources/payment-methods-101/debit-cards/?source=merchants-fiserv

Debit Cards: History, Design & Accepting Card Payments

How Does a Debit Card Work?

While credit cards and debit cards look similar, the key difference is where the funds originate:

  • With a credit card payment, the account number on the card is tied to a line of credit offered to the customer’s card-issuing bank. The bank, in turn, provides the funds to pay the merchant.
  • With a debit card payment, the account number is linked directly to the cardholder’s bank account. The full amount or the purchase is immediately deducted from his or her account balance. (Issuing bank must confirm the cardholder has available funds to complete the transaction.)

Debit Card History: Three Major Milestones

Debit cards have evolved dramatically over the years – spurred by consumer demand and technological improvements. Below are three significant milestones throughout debit card history.

1966: The Bank of Delaware launches a debit card pilot program as an alternative to carrying cash or a checkbook. Adoption of this new debit card system is slow because there’s no technology connecting merchants to banks outside their state.1

1969: The first Automatic Teller Machine (ATM) in the U.S. makes its appearance at Chemical Bank in Rockville, New York. Consumers are able to withdraw cash using a form and a PIN number. Debit cards made the process more user-friendly in the 1970s.2

2017: Approximately 66 percent of American consumers say they prefer making debit card payments over credit cards because they give them more control over their finances by preventing overspending and interest charges.3

Different Types of Debit Cards

Like credit cards, most debit cards come with:

  • Imprinted account numbers (for online transactions)
  • Magnetic stripes (for legacy card terminals)

They are also programmed with Personal Identification Numbers (PINs) to protect customers, merchants, and banks from fraudulent debit card payments.

However, many newer types of debit cards come with additional fraud prevention technology to help keep users safe:

  • Most debit cards are now issued with embedded security chips that help reduce the risk of fraudulent transactions. Instead of swiping these types of debit cards, consumers dip their plastic into chip readers (Click here to learn more about EMV).
  • There are also contactless debit cards that leverage Near Field Communication (NFC) technology. With this payment option, the plastic never touches the reader. Instead, users wave their contactless debit cards close to the NFC terminal to initiate transactions

The Mechanics of Accepting Debit Card Payments

The Debit Transaction Process

Payments made with debit cards are processed the same way as those made with credit cards. The only difference is that once the transaction is identified as a debit payment (either by the POS system or the customer), the cardholder is prompted to enter his or her PIN.

After authenticating the PIN, the payment is routed to a debit network, such as First Data’s STAR, Pulse, NYCE, or SHAZAM, which handles:

  • Authorizing
  • Clearing
  • Settlement

Some debit cards are also attached to a credit card network to enable signature debit transactions. These can be processed as either debit or credit:

  • Depending on the POS system used, the merchant or the cardholder gets to choose
  • If credit is selected, the transaction will be routed through the associated credit network and will require a signature for authentication rather than a PIN

Adding a Debit Card System to Your Payment Environment

Although there are differences between how credit and debit cards work, you don’t need to configure your payment environment for one or the other. If you currently accept credit card payments, you’re already set up for debit cards.

However, there are steps you can take to:

  • Decrease costs
  • Reduce fraud
  • Increase sales

That’s where our PCI-compliant payment solutions can help. To learn more about our approach to secure credit and debit card processing, contact us today.

Источник: https://carat.fiserv.com/en-us/resources/payment-methods-101/debit-cards/?source=merchants-fiserv

What is a credit card size?

The size of a standard credit card is 3.37 x 2.125 x 0.0625 inches as per ID-1 standardof the International StandardISO/IEC 7810. These sizes are also the same for debit cards, ATM cards, national IDs, driver licenses, etc.


Following are the credit card sizes & dimensions in different measuring units.

Credit Card SizeWidthHeightThicknessCorner Radius
Inch3.37 Inch2.125 Inch0.0625 Inch0.125 Inch
Centimeter (cm)8.56 cm5.39 cm0.159 cm0.318 cm
Millimeter (mm)85.6 mm53.98 mm1.588 mm3.18 mm
Pixels (72 DPI)242.64 px225 px4.5 px9 px
Pixels (300 DPI)1011 px637.5 px18.75 px37.5 px

Credit Card Size in inches and mm

So, in summary, a credit or ATM card size is3.37 inches (85.6 mm)in width,2.125 inches (53.98 mm)in height,0.0625 inches (1.588 mm)in thickness, and have a corner radius of0.125 inches (3.18 mm)as per the definedID-1 sizein international standardISO/IEC 7810. This size is also known as CR80.

Credit Card Thickness

The ISO/IEC 7810 specifies that all Credit Cards or other IDs, including (ID-1, ID-2, ID-3 & ID-000) should have a thickness of 0.76 millimeters (0.0312 inches).

The actual thickness of a credit card slightly varies from card to card if you include the extruded text on credit cards.

The thickness of a credit card also depends on the construction material chemical bank credit card to construct a card. For instance, an apple credit card is made of titanium and is around 0.0325 inches thick, slightly thicker than 0.0312 inches. On the other hand, I have seen plastic cards as thick as 0.036 inches.Apple Credit Card Thickness
The thickness of credit cards is often measured in Mils. One Mil is the 1000th part of an inch. So 0.0312 inches translated to an exact 31.2 Mils.

How did the credit card size get standardized?

The generic size of a credit card is based on the first credit card chemical bank credit card by Bank of America in 1958. Of course, that size was not the same as we see today, but it was close. So we can say that Bank of America is the one who decided the size of a credit card for the first time.

Similarly, cards issued for ATMs in the 60s & 70s also played a vital role in credit card size standardizations.Credit card size history
For example, the first ATM bank card was issued by Barclays in London in 1967 had the same size we have at the moment. In the united stated, Chemical Bank issued its first ATM card in Long Island.

And, the first POS machines also got introduced after a few years in 1973 by IBM. The cards used for the POS machines were the same issued for ATMs helping to increase the demand for a bank card.

Over time, ATM & POS machines saw tremendous growth in adoption by banks and merchants across the globe. However, since there were a few ATM & POS machine manufacturers, luckily, the card sizes remained the same across the industry.

Since the credit card size was quite convenient in handling, companies & governments started to assign the same size to business cards, hotel cards, licenses, and other ID cards. This standardization made it easier for people to organize these cards in their wallet pockets. Imagine the chaos if you had 6 different size cards to organize in your wallet that has all the same size pockets?

When the types & companies dealing with credit cards boomed, in 2003, the International Organization for Standardization and the International Electrotechnical Commission (IEC) issued a standard ISO/IEC 7810:2003, which provides guidelines for different types of cards & their sizes.

Below is the summary of the size guidelines listed in the ISO standard.

NameSize in mmSize in inchesDetails
ID-185.6 x 53.983.4 x 2.1Most banking cards and ID cards
ID-285.6 x 53.984.1 x 2.9French and other ID cards. Visas.
ID-385.6 x 53.984.9 x 3.5United States government ID cards
ID-00085.6 x 53.981 x 0.6Mobile SIM cards

The latest version of the standard isISO/IEC 7810:2019, issued in 2019-12.

Are all credit cards the same size?

Luckily, even before the standardization started, all credit cards and debit cards were the same sizes. This was mainly due to a few suppliers making the ATM & POS machines for all banks across the globe.

Later on, the size became a norm and helped using the same card everywhere.

The ISO standard makes sure that all cards have the same size, especially the ID cards, which were being chemical bank credit card in different sizes before the standard was issued.

Since the credit cards were defining the size of pockets in wallets, most wallet manufacturers also standardized the pockets for other items like transparent pocket for a wallet size photo.

What is a credit card made of?

Credit & Debit cards are normally made of plastic, and to provide an additional strength against twisting & bending, multiple plastic thin sheets are laminated together. This also helps avoiding cracks propagation.

The center layer is mainly made of PVC plastic resin known as Polyvinyl Chloride Acetate. Multiple materials, pigments, and shiny particles are introduced in the center layer to give it a premium look and finish.

Plastic also provides an additional advantage of hot stamping the digits on the card. Since hot-stamped data on the card remains there for a longer period of time; as a result, banks don't have to replace the cards too often.

The thickness of a credit card is around 0.03 inches, and a plastic card of this much thickness is quite stiff to absorb all the abuse it will face.

The back of the credit card has a magnetic strip that is directly printed on the card. The magnetic strip stores related encrypted data required to make a transaction.

Additional Read:
1.HOW TO PROTECT A CREDIT CARD FROM GETTING DAMAGED IN A WALLET?
2.ARE MAGNETIC MONEY CLIPS SAFE FOR YOUR CREDIT CARDS?

Font size of credit card numbers

The font size on a credit card is around 12-16 points. However, different banks use different sizes as there is no underlying standard for the font used on a credit card.Credit Card Font size
Similarly, there is no standard for the font type or name, but mainly a monospace font like Courier, Consolas, Lucida Console / Lucida Sans Typewriter, etcetera are used. It's again at the discretion of the issuing bank to use whatever font they like.

Credit Card's Lamination Pouches Size

The laminating pouches used for protecting a credit card are exactly ‎3.38 x 2.13 x 0.01 inches in size, which is slightly larger than a standard credit card.

You can also find credit card sleeves from Amazon, which come in different sizes & most of them areRFID protected. The average size I calculated was 3.5 inches in length and 2.25 inches in height. A sleeve of this much size will easily fit a standard credit card.

Comparison of a credit card with other items

Below are a chemical bank credit card images showing the comparative size of a credit card with different daily usage items.Credit Card size in comparison to a business card and dollar billCredit Card size in comparison to a wallet and Iphone 11 Pro

Источник: https://myaurochs.com/blogs/news/whats-a-credit-cards-size

Hill v. Chemical Bank, 799 F. Supp. 948 (D. Minn. 1992)

799 F. Supp. 948 (1992)

Norma K. HILL and all others similarly situated, Plaintiffs,
v.
CHEMICAL BANK, f/k/a Chemical Bank Delaware, Defendant.
Walter FASULO, Karen Fasulo, and all others similarly situated, Plaintiffs,
v.
CHEMICAL BANK, f/k/a Chemical Bank Delaware, Defendant.

Nos. 3-92 CIV 255, 3-92 CIV 387.

United States District Court, D. Minnesota, Third Division.

August 4, 1992.

*949 Reinhardt and Anderson by Mark Chemical bank credit card, St. Paul, Minn., appeared, for plaintiff Hill.

Chestnut and Brooks by Stuart C. Bear, and Michael Donovan, Minneapolis, Minn., appeared, for plaintiffs Fasulo.

Morrison & Foerster by Jack C. Auspitz, New York City, and Doherty, Rumble & Butler by James R. Crassweller, St. Paul, Minn., appeared, for defendant.

 
ORDER

ALSOP, District Judge.

The above-entitled matters came on for hearing before this court on July 21, 1992, upon the motions of plaintiffs to remand these matters to state court. Although these matters are not formally consolidated, the remand motions have been heard and considered together because the issues in both motions are identical. For the reasons set forth below, plaintiffs' motions to remand will be denied.

 
I. FACTUAL BACKGROUND.

Plaintiffs in these matters are Minnesota residents who hold credit cards issued by defendant Chemical Bank, f/k/a Chemical Bank Delaware. Chemical Bank is chartered by the State of New York, has true food san diego principal place of business in New York, and is insured by the Federal Deposit Insurance Corporation ("FDIC"). Plaintiffs initiated these actions in state court, alleging that defendant's practice of charging *950 late fees and "overlimit" fees violates Minnesota law.

Specifically, plaintiffs allege that defendant's charging Minnesota credit cardholders late fees and overlimit fees,[1] in addition to a periodic interest charge and an annual fee, violates Minn.Stat. § 48.185, subd. 4. Based on this alleged violation, plaintiffs assert causes of action under Minnesota law for deceptive trade practices and unjust enrichment. The Hill complaint also asserts a cause of action under Minn.Stat. § 48.185. Plaintiffs ask the court to certify their actions as class actions, to issue declaratory and injunctive relief prohibiting defendant's practice of charging late and overlimit fees, and to award damages, attorney's fees and costs.

Chemical Bank timely removed both actions pursuant to 28 U.S.C. § 1441(b), alleging both federal question and diversity jurisdiction.[2] Chemical Bank alleges that federal question jurisdiction exists because plaintiffs' actions "necessarily implicate[] and arise[] under Section 521 of the Depository Institutions Deregulation and Monetary Control Act of 1980 ("DIDA"), 12 U.S.C. § 1831d, because Section 521 of that Act governs the legality of interest charges, including late charges, a federally insured state-chartered bank may make in connection with interstate loans . and provides the remedy for persons seeking to challenge such charges." Defendants's Notice of Removal, Hill v. Chemical Bank, at 2.

 
II. DISCUSSION.

Removal of a state court action based on federal question jurisdiction is proper only if the action asserts a claim "arising under the Constitution, laws, or treaties of the United States" 28 U.S.C. §§ 1331, 1441. Ordinarily, a case "arises under" federal law only when a federal question appears on the face of the plaintiff's "well-pleaded complaint." Gully v. First National Bank, 299 U.S. 109, 57 S. Ct. 96, resorts at the outer banks nc L. Ed. 70 (1936); Louisville & Nashville R. Co. v. Mottley, 211 U.S. 149, 29 S. Ct. 42, 53 L. Ed. 126 (1908). Under the well-pleaded complaint rule, a case cannot be removed based on a federal defense to a state law claim, including the defense of preemption, even if the defense is anticipated in the complaint and both parties concede that it is the only question at issue. Caterpillar, Inc. v. Williams, 482 U.S. 386, 392, 107 S. Ct. 2425, 2429, 96 L. Ed. 2d 318 (1987); Franchise Tax Bd. of Cal. v. Constr. Laborers Vacation Trust, 463 U.S. 1, 12, 103 S. Ct. 2841, 2847, 77 L. Ed. 2d 420 (1983).

A narrow exception to the well-pleaded complaint rule exists, however, where Congress has "so completely preempt[ed] a particular area that any civil complaint raising this select group of claims is necessarily federal in character." Metropolitan Life Ins. Co. v. Taylor, 481 U.S. 58, 63-64, 107 S. Ct. 1542, 1546, 95 L. Ed. 2d 55 (1987). The Supreme Court has found complete preemption in only three areas: (1) in relation to Section 301 of the Labor Management Relations Act of 1947, 29 U.S.C. § 185; (2) relating to the Employment Retirement Income Security Act, 29 U.S.C. §§ 1001-1461; and (3) concerning Indian Rights. See Queen v. City of Detroit, 874 F.2d 332, chemical bank credit card (6th Cir. 1989). The Eighth Circuit has found complete preemption in other areas. See Deford v. Soo Line R.R., 867 F.2d 1080 (8th Cir.), cert. denied, 492 U.S. 927, 109 S. Ct. 3265, 106 L. Ed. 2d 610 (1989) (finding complete preemption under the Railway Labor Act, 45 U.S.C. §§ 151-188). Chemical bank credit card for the instant cases, the Eighth Circuit recently held in M. Nahas & Co. v. First Nat. Bank of Hot Springs, 930 Chemical bank credit card 608 (8th Cir.1991), that Section 86 of the National Bank Act completely *951 preempts the field of usury claims against national banks.

Determining whether the complete preemption academy bank login permits removal of the instant cases requires a two-step analysis. First, the court must determine whether § 521 of DIDA completely preempts the field of usury claims against FDIC-insured state banks. Second, the court must determine whether plaintiffs' claims are in fact usury claims, that is claims challenging the "rate of interest" charged by an FDIC-insured state bank within the meaning of § 521.

 
A. Complete Preemption Under Section 521.

Section 521(a) of DIDA establishes the maximum interest rate for loans made by state-chartered, FDIC-insured banks. Under § 521(a), these banks may charge interest at the "rate allowed" in the state where the bank is located or at 1% over the federal reserve discount rate for 90-day commercial paper, whichever is greater. The statute expressly preempts any conflicting state law.[3] Section 521(b) of DIDA creates a federal remedy in favor of borrowers who are charged rates in excess of the limit established in § 521(a). Borrowers may recover twice the amount of interest paid on chemical bank credit card usurious loan, and the entire interest due on the loan will be deemed forfeited.[4]

Prior to the enactment of DIDA in 1980, regulation of interest rates charged by state banks was solely a matter of state law. In contrast, federal law has governed the interest rates chargeable by national banks since the enactment of the National Bank Act in 1864. Under federal law, national banks are afforded "most favored lender" status, meaning a national bank may charge the highest rates allowed to any competing institution in the state in which it is located. In addition, national banks may "export" a favorable interest rate from its home state in transactions with borrowers from other states. Marquette National Bank v. First Omaha Service Corp., 439 U.S. 299, 99 S. Ct. 540, 58 L. Ed. 2d 534 (1978). In 1979 and 1980, a period of extremely high interest rates, national banks enjoyed a competitive advantage over state 1st community bank alice tx which were bound by lower state usury ceilings. As the language and legislative history of § 521 make clear, Congress enacted § 521 to create parity between national and state banks with respect to usury limitations.[5]

*952 The key language of § 521 is substantially identical to the language of §§ 85 and 86 of the National Bank Act, the federal usury provisions governing national banks. Generally, similar language should be interpreted in the same way, unless context requires a different interpretation. Further, Congress is presumed to be aware of judicial interpretations of statutory language when it intentionally incorporates the language of one statute into another statute. See Holmes v. Security Investor Protection Corp., ___ U.S. ___, ___-___, 112 S. Ct. 1311, 1317-18, 117 L. Ed. 2d 532 (1992); Lorillard v. Pons, 434 U.S. 575, 580-81, 98 S. Ct. 866, 869-70, 55 L. Ed. 2d 40 (1978). Given the similarity of language and the clearly expressed intent of Congress to create parity between state and national banks, § 521 should be interpreted consistently with sections 85 and 86. Other courts concur in this conclusion. See Gavey Properties/762 v. First Financial Savings & Loan, 845 F.2d 519, 521 (5th Cir.1988) (interpreting DIDA § 522, the analog to § 521 for savings and loans, to "harmonize fully" with § 85 of the National Bank Act); Vanderweyst v. First State Bank of Benson, 425 N.W.2d 803 (Minn. 1988) (holding that DIDA § 521 grants federally insured, state chartered banks the most favored lender status enjoyed by national banks). The FDIC has similarly interpreted DIDA § 521 to provide state banks with the same interest rate authority as national banks. See Exhibit 2 to Affidavit of James R. Crassweller, letter dated July 8, 1992 by Douglas H. Jones, Deputy General Counsel, FDIC ("Jones Opinion").

In M. Nahas, supra, the Eighth Circuit addressed the question whether a state law usury action against a national bank is removable under the complete preemption doctrine. The plaintiff in M. Nahas asserted a claim under Arkansas Law against a national bank for charging interest rates exceeding the limits of Arkansas usury law. Finding it well-settled that Section 86 creates an exclusive federal remedy for usury by national banks, the Eighth Circuit stated that removal under the complete preemption doctrine is "most appropriate where Congress has created an exclusive federal remedy that displaces any overlapping or inconsistent state remedies." 930 F.2d at 612. "Thus, whether or not plaintiff artfully attempted to couch its complaint wholly in state law terms, it was necessarily federal in nature and properly removable." Id.

The use of language in § 521(b) nearly identical to that of § 86 of the National Bank Act compels the conclusion that, like § 86, § 521(b) creates an exclusive federal remedy. That § 86 provided an exclusive federal remedy was well-settled long before DIDA was enacted. See, e.g., First Nat'l Bank v. Nowlin, 509 F.2d 872, 881 (8th Cir.1975) (citing Supreme Court cases from the early 1900's in holding that § 86 creates an exclusive federal remedy). Moreover, subjecting state banks to the many and various state law remedies while national banks are subject only to the federal remedy would disrupt the "level playing field" Congress envisioned in enacting § 521. Accordingly, § 521(b) must be interpreted as an exclusive federal remedy for usury claims against federally insured, state-chartered banks.

Section 521 extends to state banks the same substantive usury restrictions and the same exclusive federal remedy that the Eighth Circuit addressed in M. Nahas. Under the reasoning of M. Nahas, it follows that § 521 of DIDA completely preempts the field of usury claims against federally-insured state banks.

 
B. Late and Overlimit Fees as Interest.

Plaintiffs steadfastly argue that their claims in these cases fall outside the scope of § 521, and therefore outside the scope of any complete preemption, because the late and overlimit fees plaintiffs challenge are not "interest" within the meaning of § 521. Defendant argues that late and overlimit fees are components of interest under § 521 and, therefore, even though *953 plaintiffs characterize their claims otherwise, plaintiffs in substance seek a remedy for usurious interest.

This court recently addressed precisely this issue in the context of the National Bank Act in Nelson, et al. v. Citibank, N.A., 794 F. Supp. 312 and Tikkanen v. Citibank, N.A., 794 F. Supp. 312 (Memorandum and Order of May 28, 1992 applicable to both cases) (MacLaughlin, C.J.). Nelson is a putative class action by Minnesota credit cardholders asserting the same claims against national banks as those Hill and Fasulo assert against Chemical Bank.[6] Finding a "wealth of authority" in the form of a long line of case law as well as agency determinations interpreting "interest" under § 85 of the National Bank Act to include fees other than periodic interest charges, the court held that, for purposes of removal, late fees and overlimit fees are "interest" under § 85. Nelson, 794 F. Supp. at 318-320. Nelson places particular reliance on Fisher v. First National Bank, 548 F.2d 255 (8th Cir.1977), in which the court considered a flat fee for cash advances on a credit card a component of interest which can be "borrowed" by national banks under the most favored lender doctrine.

The same result must hold true under § 521. As indicated earlier, interpreting § 521 as consistent with § 85 is appropriate in light of the identity of language and Congress' intent to treat state and national banks equally. Moreover, the FDIC has interpreted § 521 to include late fees within its scope. The FDIC states in a recent opinion letter:

 
[I]t is our position that Section 521 authorizes state-chartered FDIC-insured banks to charge interest at the rate allowed to the "most favored lender" by the laws of the state in which the bank is chartered, facebook comce book if that rate exceeds the maximum permitted by an out-of-state borrower's state of residence. That authorization necessarily includes the right to charge late fees and other charges permitted by the bank's home state which are either a component of interest or material to the determination of the interest rate.

Jones Opinion, supra, at p. 2.

The FDIC is the agency charged with administering and enforcing the Federal Deposit Insurance Act, of which § 521 is a part. As such, its interpretation is entitled to deference. Chevron U.S.A. Inc. v. Natural Resources Defense Council, 467 U.S. 837, 104 S. Ct. 2778, 81 L. Ed. 2d 694 (1984); Independent Bankers Ass'n of America v. Clarke, 917 F.2d 1126 (8th Cir.1990). The court finds the FDIC's interpretation reasonable. Based on Nelson, Fisher, and the FDIC's position, the court concludes that, for purposes of removal, plaintiff's claims challenging late and overlimit fees are challenges to "interest" under § 521 and therefore properly removable.

In advocating the contrary view, plaintiffs rely primarily on Greenwood Trust Co. v. Commonwealth of Massachusetts, 776 F. Supp. 21 (D.Mass.1991), appeal heard June 3, 1992. Greenwood Trust involved a federally insured Delaware bank which imposed late charges, permissible under Delaware law, to credit cardholders in Massachusetts. Massachusetts law prohibits late charges. The district court in Greenwood Trust held that the term "interest" in § 521 referred only to numerical periodic interest rates and, therefore, § 521 did not preempt the Massachusetts law prohibiting late charges on credit cards.

The court respectfully disagrees with the analysis in Greenwood Trust. In this court's view, Greenwood Trust places insufficient weight on judicial and agency interpretations of the term "interest" under § 85 of the National Bank Act which, as Nelson indicates, take an expansive view of the term. Congress used identical language in § 521, and declined to provide any specific definition of the term "interest." In such circumstances, it seems highly *954 unlikely Congress intended the term "interest" to have a more narrow meaning under § 521 than under § 85.

In reaching its conclusion, the Greenwood Trust court relies on the Senate Report relating to § 501 of DIDA which limits the preemptive scope of § 501 to periodic interest rates, expressly excluding late charges. Greenwood Trust, 776 F. Supp. at 29. This reliance is misplaced. Section 501 applies only to first-lien residential mortgage loans made by various types of lenders, while § 521 applies to any loan made by federally insured state-chartered banks. The two sections originated in different bills, were codified in different Acts, and served different purposes. Accordingly, the legislative history of § 501 is not necessarily an indication of Congress' intent in enacting § 521. In addition, the comment on § 501 can cut both ways. The absence of a comparable comment limiting the preemptive scope of § 521 arguably indicates that Congress intended that, absent limiting language, the term "interest" be interpreted to include more than the numerical periodic interest rate, as is the case under § 85 of the National Bank Act.

The court also disagrees with the Greenwood Trust court's assessment of the DIDA provisions allowing states to opt out of the preemptive effect of the DIDA eastern district of michigan pacer provisions. Greenwood Trust argues that because Congress sought to accommodate state usury restrictions in this way, Congress must have intended only a narrow incursion into state usury regulation. 776 F. Supp. at 30, 34-35. The conclusion does not follow from the premise. It is equally possible that Congress, recognizing the broad preemptive scope of DIDA, adopted the opt-out provision as its sole consolation to the states. The best evidence of the preemptive scope of § 521 is the language and the history of the section itself which, for the reasons stated above, indicate "interest" includes late fees, over-limit fees, and similar charges.

 
III. CONCLUSION.

Upon the foregoing, and all the files, records, and proceedings herein,

IT IS ORDERED That plaintiffs' motions to remand the instant actions are DENIED.

NOTES

[1] As the labels indicate, a "late fee" is a flat charge assessed against a credit cardholder who fails to timely pay on the credit cardholder's balance, and an "overlimit fee" is a flat charge assessed against activate my walmart money card who exceed their credit limit. The Fasulo complaint challenges only the imposition of late fees, while the Hill complaint challenges both late fees and overlimit fees.

[2] Because the court concludes that removal is proper on federal question grounds, it need not reach defendant's assertion that diversity jurisdiction also exists.

[3] Section 521(a), 12 U.S.C. § 1831d(a), reads in relevant part:

In order to prevent discrimination against State-chartered insured depository institutions . with respect to interest rates, if the applicable rate prescribed in this subsection exceeds the rate such State bank . would be permitted to charge in the absence of this subsection, such State bank . may, notwithstanding any State constitution or statute which is hereby preempted for the purposes of this section, take, receive, reserve, and charge on any loan or discount made . interest at a rate of not more than 1 per centum in excess of the discount rate on ninety-day commercial paper in effect at the Federal Reserve Bank in the Federal Reserve district where such State . bank is located or at the rate allowed by the laws of the State . where the bank is located, whichever may be greater.

[4] Section 521(b), 12 U.S.C. § 1831d(b), reads in relevant part:

If the rate prescribed in subsection (a) exceeds the rate such State bank . would be permitted to charge in the absence of this section, and such State fixed rate is thereby preempted by the rate described in subsection (a), the taking, receiving, reserving, or charging a greater rate of interest than is allowed by subsection (a), when knowingly done, shall be deemed a forfeiture of the entire interest which the note, bill, or other evidence of debt carries with it, or which has been agreed to be paid thereon. If such greater rate of interest has been paid, the person who paid it may recover in a civil action commenced in a court of appropriate jurisdiction not later than two years after the date of such payment, an amount equal to twice the amount of the interest paid from such State bank taking, receiving, chemical bank credit card, or charging such interest.

[5] The introductory sentence of § 521 states that its purpose is to "prevent discrimination" against state banks. See supra at note 3. Statements of Senators Proxmire and Bumpers in support of the bill which ultimately became § 521 verify that Congress intended that state and national banks receive equal treatment with respect to interest rates. See 126 Cong.Rec. 4217 (daily ed. Feb. 28, 1980) (statement of Sen. Bumpers) ("competitive equity dictates that financial institutions offering similar products should be subject to similar rules"); 126 Cong. Rec.S. 6894 (March 27, 1980) (statement of Sen. Proxmire) ("[Section 521] seeks to create a level playing field so that all institutions may compete on the same terms").

[6] The original complaint in Nelson contained an additional claim under the Minnesota usury statute, Minn.Stat. § 48.196. Plaintiffs dropped this claim from their amended complaint. Although the Nelson court held the removal issue was to be determined based on the original complaint, it went on to hold that the case was removable based on the amended complaint as well. Nelson, 794 F. Supp. at 316, n. 4.

Источник: https://law.justia.com/cases/federal/district-courts/FSupp/799/948/1379201/

VISA

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Hopewell Chemical FCU offers VISA Credit Cards that may be used anywhere VISA is accepted.

All transactions, including balance transfers, made on the card during the first 6 months will be 6.90%!

After your card’s first 6 month period, any balance will go to your regular VISA Credit Card interest rate, which is based on your credit score. Depending on your score, your rate may stay 6.90%apr*. This is a great opportunity to transfer high interest balances or make a large purchase.

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*Highest possible interest rate is 16.99% APR=Annual Percentage Rate

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THIRD PARTY SITE DISCLAIMER- By accessing the noted link you will be leaving the Hopewell Chemical Federal Credit Union website and entering a website hosted by another party. Hopewell Chemical Federal Credit Union has not approved this as a reliable partner site. Please be advised that you will no longer be subject to, or under the protection of, the privacy and security policies of the Hopewell Chemical Federal Credit Union website. We encourage you to read and evaluate the privacy and security policies of the site you are entering, which may be different than those of Hopewell Chemical Federal Credit Union. CLICK CONTINUE TO CONTINUE OR CANCEL TO ABORT.

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Back to Top Источник: https://www.hopechemfcu.org/products/visa.php

Bank card

For other uses, see Bank card (disambiguation).

A bank card is typically a plastic card issued by a bank to its clients that performs one or more of a number of services that relate to giving the client access to bank account.

Physically, a bank card will usually have the client's name, the issuer's name, and a unique card number printed on it.[1] It will have a magnetic strip on the back enabling various machines to read and access information.[2] Depending on the issuing bank and the preferences of the client, this may allow websters planner card to be used as an ATM card, enabling transactions at automatic teller machines; as debit card, linked to the client's bank account and able to be used for making purchases at the point of sale.

The first bank cards were ATM cards issued by Barclays in London, in 1967, and by Chemical Bank in Long Island, New York, in 1969. In 1972, Lloyds Bank issued the first bank card to feature a personal identification number (PIN) for security along with the information-encoding magnetic strip.

Historically, bank cards have also served the chemical bank credit card of a cheque guarantee card, a now almost defunct system to guarantee cheques at point of sale.

References[edit]

  1. ^Gough, Belinda; Du Toit, Trudie (20 December 2007). FCS Hospitality Generics L3. Cape Town: Pearson Education South Africa. p. 120. ISBN .
  2. ^Wonglimpiyara, Jarunee (1 March 2005). Strategies of Competition in the Bank Card Business. Sussex Academic Press. p. vi. ISBN .

See also[edit]

Look up bank card in Wiktionary, the free dictionary.
Источник: https://en.wikipedia.org/wiki/Bank_card

Congress to credit card companies: Drop rates

WASHINGTON -- A congressman and two consumer groups, calling credit card interest rates 'outlandish,' said Monday companies charge consumers up to 21 percent for the same money they borrow at 7.2 percent and urged Americans to switch banks to save money.

Rep. Charles Schumer, D-N.Y., and representatives of the Consumer Federation of America and the BankCard Holders of America released at a Capitol Hill news conference what they said was the first list of banks that issue low interest credit cards.

He said that the larger banks and department stores are charging 'usurious and outlandish interest rates' of 21 percent or more and said that consumers have the power to bring those high rates down now that the cost of money to the banks has dropped to 7.2 percent.

Schumer urged consumers to start applying for credit cards from banks that issue lower interest cards. If enough people do that, he said, the larger banks will drop their interest rates overnight.

'We're saying to consumers, you can change the rate,' he said. 'Consumers aren't aware that they can get a break on rates.'

Asked which credit cards he has, Schumer admitted he owned two issued by companies that charge higher interest rates -- a Citicorp-Diners Club Card and a Chemical Bank MasterCard. But he said he would apply for a lower interest card 'tomorrow.'

According to chemical bank credit card list released at the news conference, Schumer, Montgomery Ward charges 21.6 percent interest on its credit card -- the highest interest among major department store issuers. Sears and J.C. Penny charge 21 percent, he said.

Among major banks, Chase Manhattan, Citicorp., Bank of America and First Chicago Bank all charge 19.8 percent while Chemical Bank of New York charges 19.5 percent.

American Express charges 18 percent, he said.

Schumer has filed legislation requiring a Federal Reserve Board study of credit card interest rates. Depending on the results of the study, the bill could lead to a mandatory cap on interest rates set at 6 percentage points above the three-month Treasury Bill rate.

If the cap were in effect today, credit card interest could not go above 13.2 percent, he said.

A spokesman for the American Bankers Association said the group opposes the bill and predicted that if it passes there would be 'a substantial reduction' in the number of banks issuing cards.

The ABA issued a statement at the Schumer press conference saying the congressman's survey on interest rates can be a 'useful tool' for consumers.

'Any effortto increase the education level of consumers is a step in the right direction,' the release said.

According to the list, the bank with the lowest credit card interest rate in the nation is Dominion Bank of Vienna, Va. It charges only 10.5 percent -- far below the 19.8 percent rate that Citicorp charges. The Dominion card costs $36 a year and is available to people with $30,000 minimum incomes.

Other banks issing low interest rate cards include Union National Bank of Little Rock, Ark., (12.5 percent interest, $20 annual fee), Chevy Chase Savings and Loan of Chevy Chase, Md. (14 percent, $20), Connecticut Society for Savings in Wethersfield, Conn., (14.9 percent, $20), Gem State Bank of Dayton, Ohio, and Simmons First National Bank of Pine Bluff, Ark., (both 13 percent, $20).

Schumer said VISA cards or MasterCards issued by these banks are honored nationwide.

Источник: https://www.upi.com/amp/Archives/1985/11/18/Congress-to-credit-card-companies-Drop-rates/4617501138000/

Polk County’s Bank Since 1920

From first homes to first cars, births to college tuition, and business start-ups to retirement planning, Citizens Bank & Trust has proudly served Polk County since 1920. We are local bankers who work for, live in, and support this wonderful community we all call home. We know how hard you work and you deserve a bank that works just as hard for you. We're here for the long haul for you and your financial needs.

Citizens Bank & Trust is a full-service financial institution, with a wide range of account and loan products tailored to fit your individual needs. Additionally, we offer the most experienced group of wealth management, trust and private banking professionals in the market to assist you.

We take great pride in being Polk County’s bank and work every day to serve the financial needs of our customers, while still providing a hometown banking feel. We are a true community bank and will always consider you and your financial needs our number one priority.

We are Citizens Bank & Trust and we are proud to be your bank!

Источник: https://www.citizens-bank.com/
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