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PARKS v. MBNA AMERICA BANK, N.A.

No. G040798.

184 Cal.App.4th 652 (2010)

109 Cal.Rptr.3d 248

ALLAN PARKS, Plaintiff and Appellant, v. MBNA AMERICA BANK, N.A., Defendant and Respondent.

Court of Appeals of California, Fourth District, Division Three.

May 12, 2010.

Attorney(s) appearing for the Case

Rosner & Mansfield, Law Office of Michael R. Vachon and Michael R. Vachon for Plaintiff and Appellant.

Arnold & Porter, Laurence J. Hutt, Teri R. Richardson and Christopher S. Tarbell for Defendant and Respondent.

Edmund G. Brown, Jr., Attorney General, Frances T. Grunder, Assistant Attorney General, Kathrin Sears and Sheldon H. Jaffe, Deputy Attorneys General, for the Attorney General of the State of California as Amicus Curiae upon the request of the Court of Appeal.

Horace G. Sneed and Douglas B. Jordan for the Office of the Comptroller of the Currency Administrator of National Banks as Amicus Curiae upon the request of the Court of Appeal.

OPINION

IKOLA, J.—

Civil Code section 1748.9 (section 1748.9) requires credit card issuers engaged in extending credit to cardholders by means of a "preprinted check or draft" (known as "convenience checks" in the industry) to "disclose on the front of an attachment that is affixed by perforation or other means to the preprinted check or draft, in clear and conspicuous language,...

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