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Epstein v. JPMorgan Chase & Co.

United States District Court for the Southern District of New York

March 21, 2014, Decided; March 21, 2014, Filed

13 Civ. 4744 (KPF)




On July 9, 2013, Stanley H. Epstein filed this action against JPMorgan Chase & Co. ("JPMC") and Chase Bank, USA, N.A. ("CBUSA") (collectively, "Defendants" or "Chase") as a nationwide class action pursuant to Federal Rule of Civil Procedure 23, on behalf of himself and all other Chase credit card account holders who were charged monies associated with a positive credit balance on their accounts. Defendants have moved to dismiss Plaintiff's complaint under Federal Rule of Civil Procedure 12(b)(1) for lack of subject matter jurisdiction and,  [*2] in the alternative, under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim. Because this Court finds that Plaintiff Epstein lacks standing to bring the claims he alleges, either individually or as a putative class representative, Defendants' Rule 12(b)(1) motion to dismiss is granted, Defendants' Rule (12)(b)(6) motion to dismiss is denied as moot, and this case is dismissed.


A. The Defendants and the Cardmember  [*3] Agreement

JPMC is a bank holding company. (Compl. ¶ 8). CBUSA, a subsidiary of JPMC, is a federally chartered bank that specializes in credit card services. (Id. at ¶ 9). One of the services that CBUSA offers to customers is a credit card account that is governed by a standardized cardmember agreement. (Cardmember Agreement at 1).2 As relevant to the instant litigation, the Cardmember Agreement provides:

Minimum Payment: You must make your Minimum Payment in a way that we receive it by the time and date it is due. You may make payments greater than your required Minimum Payment. This will reduce the interest charges that are added to your Account.

Credit Balances: You may request a refund of any credit balance at any time. Otherwise, we will apply it to any new charges on your Account or provide the refund to you as required by law.

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2014 U.S. Dist. LEXIS 38628 *

STANLEY H. EPSTEIN, individually and on behalf of all others similarly situated, Plaintiff, v. JPMORGAN CHASE & CO. and CHASE BANK, USA, N.A., Defendants.

Prior History: Epstein v. JPMorgan Chase & Co., 2013 U.S. Dist. LEXIS 194451 (S.D.N.Y., Dec. 13, 2013)


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