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Discover Fake Credit Card Agreement Class Action Lawsuit

By Kimberly Mirando

Discover card
Discover Bank has been hit with a federal RICO class action lawsuit accusing the lender of using bogus credit card “agreements,” which are dated and issued after the date consumers opened their credit cards, in order to collect credit card debt from consumers who go into default.   
Lead Plaintiff Diana Elinich says in the class action lawsuit that she opened a Discover credit card in 1999, but when she went into default, the bank tried to use a “cardmember agreement” dated 2011 to sue her, claiming that was her contract.
“The 2011 cardmember agreement is not an amendment or a modification, but an original customer agreement,” the class action lawsuit states.
“It is clearly impossible for a contract dated after the date of the credit card issuance to act as the governing agreement between the parties.”
Despite this fact, Discover ordered “all of their collection attorneys throughout the United States of America to use the false contracts as the governing contracts for credit card holders who are the subject of collection efforts,” the class action lawsuit states.
The Discover class action lawsuit claims Discover conspired with its collectors to attach false or “otherwise irrelevant documentation as exhibits” to collection lawsuits, to intimidate unsophisticated consumers who assume that an alleged creditor is presenting them with proper paperwork. 
The Discover debt collection class action lawsuit is brought on behalf of anyone who has been named a defendant in a collection lawsuit brought by/or for and on behalf of Discover, for which the Defendants attached as evidence a bogus Cardmember Agreement or Customer Agreement like the one described above.
The lawsuit is seeking damages for RICO violations, violations of the Fair Debit Collection Practices Act, deceptive trade, and state consumer-protection law.
A copy of the Discover Fake Credit Card Agreement Class Action Lawsuit can be read here

The case is Diana M. Elinich v. Discover Bank, et al., U.S. District court, Eastern District of Pennsylvania.


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Updated March 14th, 2012


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  • Stan Kieca January 30, 2013

    I too have been served by WW&R out of Chicago and the contract they supplied is dated exactly as stated here.

  • Donna August 14, 2013

    I was sued by Discover using the very same contract alleged in the suit mentioned above. My case is in Louisiana. The account was opened in 1993 yet they used a 2011 agreement to sue me.

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