Citibank (South Dakota), N.A.

Memorandum in Opposition to Motion for Summary Judgment


Defendant opposes Citibank's motion for summary judgment in a credit card collection lawsuit on the grounds that (a) Citibank did not submit any evidence that a written contract existed, as only its outside counsel and not a competent witness referred to the proffered contract; (b) Citibank did not authenticate any account statements because its fact witness submitted only a conclusory affidavit with no detail and providing no information suggesting she had personal knowledge of Citibank's record systems; (c) Citibank submitted no evidence at all that account statements were mailed to the defendant; (d) Citibank's own documents suggested that, even if protected by the National Bank Act, it charged interest in excess of South Dakota's usury limit, which is 12% where no writing authorizes a higher rate; and (e) and Citibank's publicly disseminated investor materials concerning its credit card securitizations suggest Citibank has engaged in prohibited laundering of usury committed by its state-law trust counterparty in those transactions, which is subject to New York usury laws but has rented Citibank's national bank charter so as to evade the application of those laws.

Citibank's motion for summary judgment was ultimately denied.

LOADING PDF: If there are any problems, click here to download the file.

Written by:

Published In:

Reference Info:Legal Memoranda: Motions for Summary Judgment/Adjudication | State, 2nd Circuit, New York | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Matthew Parham, Western New York Law Center, Inc. | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »


Matthew Parham
Western New York Law Center, Inc.

I am an attorney at the Western New York Law Center, Inc., a Buffalo, New York non-profit legal... View Profile »

Follow Western New York Law Center, Inc.:

Reporters on Deadline

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.