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Discover Bank v. Booker

Pennsylvania Superior Court

July 7, 2021

Booker appealed the judgment for Discover Bank for $6,765.47 plus interest. The Pennsylvania Superior Court affirmed. First, Booker alleged the trial court erred in finding an express contract between the parties. The Superior Court concluded that Booker’s card application supported the trial court’s finding that the parties contracted for Booker’s card use per Discover’s terms and conditions. Moreover, Booker’s behavior, in continuing to use the card and comply with its terms for years, strongly evidenced her active acquiescence to the contract’s terms, which she accepted when she applied for the card. Second, the Court ruled that the statements and other documentary evidence submitted by Discover amply supported the trial court’s damages determination.

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