Friday, February 13, 2009

Could NCL and BOA be Sued?

I know it might be the lawyer in me over thinking the end of the NCL compass rewards program. It may just be resentment I feel after I made a decision to incur additional debt though my NCL credit card at a higher interest rate then other cards, in order to obtain the credit to cruise NCL once every year and a half. However, it occurs to me that at least theoretically, BOA and NCL may have just opened themselves up to a class action lawsuit.

If many other credit card users of NCL obtained their credit card with the expectation of incurring interest charges, for the sole purpose of the compass rewards program, and those Debtors did in fact incur high interest rates and make purchases on their BOA/NCL card, one could raise a claim for Promissory Estoppel. In plain English, this means that if you reasonably rely on a promise made by another, and the promisor has reason to know or actually knows of your reliance on their promise, and you suffer to your detriment as a result of your reliance, you should be placed in the same position had you not relied on the promise.

I know to most people this may just sound too litigious. Hey, I am an attorney, and I don’t think I would pursue such a claim, but what if, what if, hundreds of thousands of BOA/NCL credit card users did rely to their determent on the Compass Rewards program. Think of what World points may have just started.

Just food for thought.

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