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In Discover Bank V

Question 53

Multiple Choice

In Discover Bank v. Owens, Owens received a Discover credit card with a limit of $1,900 and charged $1,460. The credit card agreement allowed Discover to add fees and increase her interest rate when Owens paid her bill late or did not pay in full. Owens became disabled and experienced severe financial difficulty. She stopped using the card and made regular payments but continued to accrue fees. She eventually paid $3,492 toward her original debt but still owed Discover $5,564 when Discover brought a collection suit against her. The court held that in this situation:


A) Owens owed $5,564 because she agreed to the terms of the credit card agreement when she used the card the first time.
B) Owens owed $5,564 because Discover did not have a duty to mitigate its damages over the six years.
C) Owens did not owe the $5,564 because her disability prevented her from having the financial means to pay the money.
D) Owens did not owe the $5,564 because the terms of the agreement were manifestly unconscionable in these circumstances.

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