open account vs. contract

[Sky lynx]

What is the name of your state? FL
I just learned that when I go to court, the CA is going to try to prove I signed a written contract with Discover instead of open account. This is my concern: I'VE HEARD THAT THE JUDGE may be stupid, or in cahoots, and agree its a written contract. Is there a place on the web where i could find the Truth in Lending Act, Title 15, chapter 31,... etc, that proves Discover is an open account?

 

[JETX]

What you are looking for is in 15 USC 1681:
"Sec. 1602. - Definitions and rules of construction
(i) The term ''open end credit plan'' means a plan under which the creditor reasonably contemplates repeated transactions, which prescribes the terms of such transactions, and which provides for a finance charge which may be computed from time to time on the outstanding unpaid balance. A credit plan which is an open end credit plan within the meaning of the preceding sentence is an open end credit plan even if credit information is verified from time to time."
Source: http://www4.law.cornell.edu/uscode/15/1602.html

I think that the above clearly shows your Discover card is clearly an 'open end credit plan'.

Also of interest:
Sec. 1637. - Open end consumer credit plans
http://www4.law.cornell.edu/uscode/15/1637.html

Sec. 1638. - Transactions other than under an open end credit plan
http://www4.law.cornell.edu/uscode/15/1638.html

 

[Sky lynx]

open account

Halket, thanks so much for going to the trouble to provide those resources. I will certainly look them up and see how they can help with my case.

 

[JETX]

You're welcome