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C.1 Interrogatories and Document Requests Directed to Credit Card Issuer

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C.1 Interrogatories and Document Requests Directed to Credit Card Issuer C.1 Interrogatories and Document Requests Directed to Credit Card Issuer IN THE CIRCUIT COURT FOR PRINCE GEORGE’S COUNTY, MARYLAND [plaintiff][CONSUMERS], Plaintiffs, [vs] [defendant]CHEVY CHASE BANK, F.S.B., a corporation, and FIRST USA BANK, N.A., a corporation, Defendants. INFORMATION TO BE SOUGHT THROUGH WRITTEN INTERROGATORIES The following is a list of the types of information which Plaintiffs will seek, through written interrogatories, should this Court find that it needs additional factual information before it can decide the pending motion to compel arbitration: 1. Identity, including court, caption and civil number, of any case filed, and the current status of that case, in which Chevy Chase Bank, F.S.B. (“Chevy Chase Bank”) or First USA Bank, N.A. (“First USA Bank”) has been a party where a court has refused to enforce an arbitration clause included in their cardholder agreement. 2. Identity, including court, caption and civil number and current status of that case, in which Chevy Chase Bank or First USA Bank has been a party where a court has enforced an arbitration clause included in their cardholder agreement. 3. Identification of all communications between Chevy Chase Bank and/or First USA Bank and the American Arbitration Association (“AAA”) since January 1, 1994. 4. Identification of all communications between Chevy Chase Bank, First USA Bank and any of its employees, agents, etc., and any arbitrators associated with the AAA, since January 1, 1994. 5. The names of every Chevy Chase Bank officer, director, employee and/or agent who has had any conversations with AAA employees or arbitrators together with an identification of all notes or memos, however recorded, referring or relating to those conversations. 6. Details of all business dealings and financial relationships between AAA or any arbitrators associated with AAA and Chevy Chase Bank and/or First USA Bank. 7. How many claims have been brought by cardholders against Chevy Chase Bank and/or First USA Bank in arbitration since the Virginia Document allegedly was made effective. 8. The identity of each arbitrator who heard one or more of those claims. 9. Information as to (a) how many claims that arbitrator heard; (b) how many of those claims did the arbitrator rule in favor of Chevy Chase Bank and/or First USA Bank; and (c) how many of those claims did the arbitrator rule for the cardholder? 10. Identification of any documents or memos relating to complaints or queries from cardholders concerning the arbitration clause in the Virginia Document or any other alleged agreement. 11. Identification of any documents, specifically including letters or memoranda however recorded, reflecting any cardholder complaints about the arbitration process after the cardholder had gone through an arbitration. 12. Identity of the individual or individuals at Chevy Chase Bank who made the decision for the Bank to adopt an arbitration clause and the reasons for that decision. 13. Identification of any and all documents, specifically including letters and internal memoranda however recorded, relating to the decision by the Bank to use AAA as the arbitrator and the reasons for that decision. 14. Identification of all documents relating to any attempts, or decisions to attempt, to change the provisions of the arbitration clause after the initial date when the Virginia Document was considered by the Bank to be effective. 15. Identification of any “readership surveys” or similar studies of which the Bank is aware which commented on the likelihood that cardholders would read material tucked in their billing envelopes, and when the Bank became aware of them. 16. Identification of any studies, memoranda however recorded, or in-house discussions among officers, directors, employees and/or agents of the Bank about the number or percentage of cardholders who actually read their stuffers and/or other types of communications to cardholders. 17. Identification of any and all documents, including statistical surveys, studies, correspondence and/or memoranda however recorded, discussing any relationships between AAA and/or its individual arbitrators and the banking industry. 18. Identification of all documents of any kind whatsoever which indicate any amount of income derived by AAA and/or its arbitrators from arbitration of credit card disputes between Chevy Chase Bank and/or First USA Bank since January 1, 1995, divided by year. 19. On a month-to-month basis with January 1, 1995, the total number of cardholders assessed over-limit fees. 20. On a month-to-month basis starting with January 1, 1995, the total number of cardholders assessed interest rates greater than 24%. 21. When did the Bank first attempt to amend the cardholder agreements to add an arbitration clause? If preferred, the Bank should produce complete and legible copies of any notices it used to notify cardholders of this amendment and state how that notice was provided to cardholders (e.g., as a “bill stuffer” or in a separate mailing.) 22. The identity of each and every lawsuit containing class action allegations filed against Chevy Chase Bank and/or First USA Bank from January 1, 1990 to date, including court, caption and case number. 23. The identity of each class action against Chevy Chase Bank and/or First USA Bank where a class has been certified. Be sure to identify the caption of the case, the court in which it was filed and the names of counsel or, in the Bank prefers, it may produce a complete and legible copy of any pleading providing this information. 24. Identification of any contracts, agreements or other arrangements between Chevy Chase Bank and/or First USA Bank and the American Arbitration Association (“AAA”) and the identity of each person at the bank who has had contact with AAA since January 1, 1995. 25. The total number of the Bank’s cardholders who have utilized arbitration through AAA since January 1, 1996. 26. The total number of the Bank’s cardholders who refused to accept the amendment to the cardholder agreement which attempted to add the arbitration clause to the agreement and state the number of such cardholders whose accounts were thus terminated. 27. The total number of times Chevy Chase Bank and/or First USA Bank has initiated arbitration proceedings against any cardholders through AAA since January 1, 1998. 28. The identification of each and every lawsuit Chevy Chase Bank and/or First USA Bank has initiated against cardholders since January 1, 1995. NOTE: Be sure to include any accounts assigned to third parties for collection where litigation was initiated. 29. Identify each and every lawsuit filed since January 1, 1996 where Chevy Chase Bank and/or First USA Bank has invoked or attempted to invoke arbitration through AAA. DOCUMENTS TO BE REQUESTED The following is a list of the types of documents which Plaintiffs will seek, through a request for production of documents, should this Court find that it needs additional information before it can decide the pending motion to compel arbitration: 1. All documents identified in Answers to Interrogatories. 2. Complete and legible copies of each and every cardholder agreement version used by Chevy Chase Bank and/or First USA Bank from January 1, 1996 to date. 3. Complete and legible copies of each and every version of periodic statement form used by Chevy Chase Bank and/or First USA Bank from January 1, 1995 to date. NOTE: Be sure to indicate the time period during which each form was in use. 4. Complete copies of all documents in the Banks’ files and archives relating to the named Plaintiffs for the time period January 1, 1995 to date. 5. Documents reflecting the total number of customer charged over-limit fees on a month-by-month basis during each month from January 1, 1995 to date. 6. Copies of any rejections by cardholders of the Virginia Document’s attempted Amendments. 7. Copies of all rejections by cardholders of any attempted revision of any cardholder agreement since January 1, 1996. [Attorney for Plaintiff].
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