Legal Question in Credit and Debt Law in Florida

12 months interest free sales

Dear sirs,I purchased a 12 month

interest free item at sears.They

won't let you pay a payment on

the regular item and another payment on the interest free item.

They don't tell you this when you

purchase an item that ''% free for

a year''.I should be able to pay a

payment on regular/%free items.

I am sure lots of people are done this way.Lots of stores do the %

free items.Can they be sued with

some kind of class action suit???I

don't think this is right.


Asked on 4/23/09, 3:54 pm

1 Answer from Attorneys

Raymond LaBella LaBella Law, P.L.

Re: 12 months interest free sales

Credit cards are generally governed by the Federal Reserve. I remember the Fed coming out with some new regs recently, and I think they might have come out with something pertaining to payment allocation, but I can't quite remember what it was.

However, it is important to distinguish between credit card issuers and traditional charge accounts with department stores. Running a line of credit with a department store is far less regulated than the more modern, and common, MasterCard/Visa cards issued by national lenders. The primary governance for department store accounts is the credit agreement. A portion of that agreement covers payment hierarchy (what gets paid on first, then next, etc.). Pull out your credit agreement and see if they have breached their own contract. If so, then you might just have a class action on your hands. If so, give me a call.

For more information about your rights under state and federal law, you can check out our website at www.LaBellaLaw.com. You should also check out our News section to see how you can help us get the Helping Families Save Their Homes in Bankruptcy Act passed.

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Answered on 4/25/09, 11:44 pm


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