Legal Question in Consumer Law in Illinois

Mail payments to credit card companies, legal receipt date

My credit card company (Discover Card)informs me that payments they receive by U.S. mail are stamped by them as received current day if received before noon and next day if stamped received by them after noon on the same day. Subsequently, late charges and interest are charged to the account. At times payments mailed have been stamped as received by Discover seven (7) after they were mailed, subjecting the account late and interest charges.

I thought the post marked date was the legal receipt date, am I correct in my thinging?


Asked on 1/30/02, 12:57 pm

1 Answer from Attorneys
Kenneth J. Ashman Ashman Law Offices, LLC

Re: Mail payments to credit card companies, legal receipt date

You raise very interesting issues. Generally, a "mail box" rule typically applies, meaning that notice or service of something is effective upon dropping it in the mail. However, contracts between parties can alter this rule. Thus, the answer to your question turns on the contract that you have with the Discover card.

If there is nothing in the contract concerning the posting of payments, you may very well have stumbled on a potential class action.

I would be happy to review the contract at issue if you have it handy.

-- Kenneth J. Ashman; Ashman Law Offices, LLC; [email protected]; www.lawyers.com/alo

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Answered on 2/01/02, 3:33 pm


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