O'Malley
Nagel
Paris
Five St. Clair County residents have filed a class action against Discover Card for enrolling them in a costly payment protection plan.
Mark Hyzy, Holly Satterlee, Wilbur Thomas, Kenneth Busby and Margaret McRae filed the lawsuit Oct. 26 in St. Clair County on behalf of all others in the same situation. The suit names Discover Financial Services Inc. and DFS Services LLC as defendants.
They are represented by John Carey, former St. Clair County Circuit Judge Michael O'Malley, Francis Flynn, Jr., Tiffany Yiatras and Michael Flannery of Carey Danis & Lowe in St. Louis. Attorneys from Nagel Rice and Paris Ackerman and Schmierer of Roseland, N.J. also represent the proposed class.
According to the complaint, Hyzy, Satterlee, Thomas, Busby, McRae and other Illinoisans were enrolled in a payment protection program unwillingly and without their knowledge. The plan charges those enrolled a fee based on a percentage of their Discover Card balance at the end of the month.
Members of the proposed class say they were signed up for the Discover Card program without consent, saying they only agreed to be sent promotional materials related to the plan. They also claim the credit card company overcharged them and made it difficult to cancel membership in the plan.
Hyzy says he was charged $374 in fees related to the plan. Thomas claims he was charged $54. Busby was allegedly charged $32.
The proposed members allege consumer fraud, deceptive business practices and unjust enrichment. They are asking for unspecified damages and court costs.
St. Clair County Circuit Court case No. 10-L-563