Fleet Bank advertised a credit card with no annual fees. Within the Schumer Box for Fleets card,

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Fleet Bank advertised a credit card with no annual fees. Within the Schumer Box for Fleet’s card, the column entitled “Annual Fee” contained only the word “None.” On Fleet’s “Consumer Information” enclosure, but outside the Schumer Box, Fleet listed other fees. Also in that location was the statement, “We reserve the right to change the benefit features associated with your Card at any time.” Paula Rossman obtained a Fleet credit card, but within a few months after issuing her the card, Fleet sent her a letter stating that the Federal Reserve had raised interest rates and that Fleet would begin charging a $35 annual fee. Did Fleet violate any laws? Did Fleet act ethically? Did it exercise sound business judgment? Would the answer be the same if Fleet had included an asterisk next to “none” in the Schumer box and added a note within the box stating, “Subject to change at Fleet’s discretion”? [Rossman v. Fleet Bank (R.I.) National Ass’n, 280 F.3d 384 (3d Cir. 2002).]


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