Another class action lawsuit against Chase (#14) has been filed by Green Welling LLP: “PEGGY DURANT v. CHASE BANK USA, N.A. et al” (May 14, 2009). I have been aware of this case as it has been developing, and I hope to post a link to the actual lawsuit (the link above, if you have not clicked as yet, refers to a search service that lists court filings).
I have not had a chance to check in with Robert Green as of late, but it remains my understanding that some states might be more amenable to class action lawsuits than others (this is because these states may provide venues that are more likely to recognize mandatory arbitration as a rigged game, thereby allowing the means for a class action lawsuit to move forward). Please visit a list of such states that may show more understanding of consumers’ dilemma (being trapped with no real recourse) on the Green Welling LLC site.
Some of you may recognize Peggy Durant’s name from appearances she has had in national media. She and her husband, Tim (who own an entrepreneurial business — which makes their issues near and dear to my heart), were shown in a Wall Street Journal article (by Jane Kim, in which I was also quoted).
Peggy was also the first person that I know of who has managed to score a “direct hit” in the national media against Chase by pointing out that its previous testimony about opt outs is inconsistent with the actions that it turned around and took against 400,000 customers (when it imposed an onerous and coercive change in terms notice with no opt out). This was significant because the media have been irresponsible (or worse, perhaps purposely suppressing facts) in not investigating and reporting the discrepancy between the testimony and Chase’s about face in terms of its actions. (Thanks to Alessandro, who transcribed Peggy’s remarks, here; the above link will lead to a video version.)
Having come to know Peggy through this whole debacle, I am honored to be acquainted with someone who has stepped forward to join the fight with such commitment. I don’t think that I am revealing too much to suggest that she is a hero in my eyes. Meaning, Peggy (like me and thousands of other affected account holders who have done nothing wrong), would rather not have this issue with Chase.
Unfortunately, we were given no choice relative to what Chase did, but I know of many people who will not stand up and fight, publicly. It is easier to watch someone else risk humiliation and defeat, instead of stepping into the arena. Yet, Peggy has refused to “go quietly into the night,” and she has shown the courage to do battle with a monolithic corporation (which in my opinion I could likened to the “evil empire,” in Star Wars), including its media spin machine. Peggy has thus far confronted Chase’s negative and hurtful campaign (which has been fully engaged in defaming all of us) head-on, and now she is a lead plaintiff.
Chase ”chose the dark side” and it does not seem to matter to its executives what damage it may do to individual consumers, small business owners, or an economy that depends on entrepreneurs.
While Peggy is too humble, I don’t mind whatsoever promoting her heroism, or her small business. Accordingly, if you are ever in Pennsylvania, please support Peggy’s bed and breakfast (see VictorianLoft.com). Tell her I sent you, from the ChangeInTerms.com site, and use the promotional code: CIT-NO-OPT-OUT-CHASE. (OK, I made this last part about the promotional code up, but I would not put it past Peggy to offer you a special rate, or at the very least an exceptionally gracious B & B stay.)
Meanwhile, Peggy, you and your family (Peggy’s brother is also battling cancer), are in my prayers.
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on Jun 4th, 2009 at 7:51 pm
Hey everybody! If you have any concerns with Chase, all you have to do is call Jamie Dimon with your complaints and he will take care of it!
At least that is what he told a House Panel on 2/11/2009.
Is it possible this is all some sort of terrible misunderstanding? (Sarcasm intended).
If you want to see slick Jamie in action, watch this video on YouTube
http://www.youtube.com/watch?v=wTo95A920Wk
on Jun 5th, 2009 at 3:47 pm
Durant V Chase
What is different about Peg’s experience if she or anyone is able/willing to say?
I too reside in the Phiadelphia district and have vented my ire to several law firms. Not one has indicated any interest in litigating.
Is it perhaps because she did not pay Chase off?
I wonder what the difference is?
on Jun 5th, 2009 at 11:05 pm
Marv – I’m not sure there is any difference….I also vented a time or two without finding anyone interested. It was probably just a matter of making a connection (through this website & Dr. Lahm) at the right time with Green Welling LLC which had made a decision to proceed against Chase and needed a lead plaintiff.
I did not pay Chase off (I continue to pay 5% of outstanding balance each month) but I do not know if that was a factor in my being asked if I was willing to serve as lead plaintiff or not. I actually live in the Western District of PA but the suit was filed in the Eastern District because local counsel for the Green Welling LLC, a CA law firm, are in Philadelphia and it was more convenient for them.
I suspect that most of the 400,000 customers who received the same (mis)treatment at the hands of Chase will be included as class members in this and the other lawsuits which have been filed. As Dr. Lahm has mentioned a few times, it may be that the lawsuits will be consolidated into one and at that point, I’m not sure what happens to my status as a lead plaintiff.
Peggy
on Jun 6th, 2009 at 5:41 am
Aside from the payoff issue I don’t see any difference, Peg from the info you have posted and as you say, I am actually in thier district.
They didn’t even respond to me (Green Welling).
Thank you Peg for your efforts nonetheless!
By the way, my son is at PSU and I am sure now that I know where you are I will figure a way to incorporate a night of two at your B&B eventually.
Will you accept my CHase C.C,?
on Jun 6th, 2009 at 9:47 pm
Marv – How does your son like our “neck of the woods”? PSU is only 42 miles away. State College is “urban” compared to Clearfield but compared to Philly, both are definitely rural.
I would accept your Chase card….the question is, are you sure you want to use it? lol! You are welcome any time – I hope we have the opportunity to meet one day.
As for the lawsuit – who knows why things happen as they do? I am sure I don’t.
on Jun 7th, 2009 at 1:19 am
I have posted a topic at open gov about making OPT OUT a consumer right. I’m pleased to report an over 90% yes vote, with virtually all of the no votes coming from Barack Obama birth certificate fanatics.
Yes, anyone who thinks if they are for more certificate proof, but is against a consumers right to OPT OUT, is a fanatic in my book.
You can vote for the OPT OUT as a consumer right at
http://opengov.ideascale.com/akira/dtd/4487-4049
And of course, your FICO credit rating should never go down for making a prudent decision such as opting out of a bad deal.
on Jun 7th, 2009 at 8:07 pm
Peg, I think my son is pretty happy in happy valley. He is in his 3rd year in engineering.
He’s 25 tommorow (took several years off to work after high school), He has his cycle up there with him and is always telling me about the places he finds in the area surrounding.
I am fairly familiar as well because I have been attending the short course every couple years since 79.
Never been to Clearfield, but it is now officially on my list.
When I eventually do show up, if I try to use the chase card…shoot me.
on Oct 19th, 2009 at 3:32 pm
[...] – ConsumerMan- msnbc.com Just wait, the lawsuits are sure to follow, just as they did with Chase: Chase class action lawsuit #14, filed by Green Welling LLP – ChangeinTerms.com Dig around on that site, you’ll find the rest of the lawsuits. Citibank may get my outstanding [...]