Notwithstanding the provisions of any other law, in connection with a credit card account, any domestic lender or any credit card bank may provide in the credit card agreement such charges for cash advances, charges for extensions of credit in excess of pre-established limits, late fees or delinquency charges, premiums on credit life and credit accident and health insurance, annual fees and other charges and fees, and such other terms and conditions as such domestic lender or credit card bank and the debtor may agree from time to time. Further, in addition to and apart from the charges and fees set forth above, in connection with a credit card account, any domestic lender or credit card bank may impose such interest and other finance charges as any such domestic lender or credit card bank and the debtor may from time to time agree notwithstanding any law otherwise prescribing, regulating or limiting such rates of interest, finance charges, fees and other charges. In the event any domestic lender or credit card bank desires to modify in any respect any term of the credit card account, it shall first provide at least 30 days’ prior written notice of such modification to the debtor. In providing such notice, such domestic lender or credit card bank shall advise the debtor in writing that the debtor has the option (i) to surrender the credit card whereupon the debtor shall have the right to continue to pay off the credit card account in the same manner and under the same terms and conditions as then in effect; or (ii) to hold the credit card after the 30-day period has elapsed, or to use the credit card during such period, either of which shall constitute the debtor’s consent to the modification.
(Acts 1988, No. 88-85, p. 104, §1.)
Notes of Decisions
SouthTrust Bank v. Williams, 775 So. 2d 184 (Ala. 2000).
· cites it 7× “Section 5-20-5 provides, in pertinent part: "Notwithstanding the provisions of any other law, in connection with a credit card account, any domestic lender or any credit card bank may provide in the credit card agreement ... such .”
Providian Nat. Bank v. Screws, 894 So. 2d 625 (Ala. 2003).
· cites it 6× “Code 1975, § 5-20-5, has provided a procedure *628 for credit-card companies to amend their agreements with cardholders pursuant to which the cardholders' assent to the amendment can be deduced from their failure to respond: "Notwithstanding the provisions of any other law, in…”
Stiles v. Home Cable Concepts, Inc., 994 F. Supp. 1410 (M.D. Ala. 1998).
· cites it 2× “See Ala.Code § 5-20-5. 5 IV. CONCLUSION In sum, Johnny Stiles has shown this court no reason that it should not enforce his agreement, which now includes arbitration, with AGFC.”
Taylor v. First North Am. Nat'l Bank, 325 F. Supp. 2d 1304 (M.D. Ala. 2004).
· cites it 2× “However, because the court finds that Alabama law similarly provides that Taylor assented to the terms of the cardmember agreement here, there is no need to resolve whether Alabama law or Georgia law governs. 14 . Plaintiff's opposition at 14.”
Sears Roebuck & Co. v. Avery, 593 S.E.2d 424 (N.C. Ct. App. 2004).
“2000) (holding that the Alabama legislature in enacting Ala. Code § 5-20-5 “provided a procedure that differs in no material respect from the one [the credit card company] followed in this case”).”
Mandel v. Household Bank (Nevada), 129 Cal. Rptr. 2d 380 (Cal. Ct. App. 2003).
“a), another two allow credit card companies to "modify" terms (Ala.Code, § 5-20-5; Ga.Code Ann., § 7-5-4, subd.”
Battels v. Sears Nat'l Bank, 365 F. Supp. 2d 1205 (M.D. Ala. 2005).
· cites it 2× “1975 Ala.Code § 5-20-5; SouthTrust Bank v. Williams, 775 So.”
Moore-Dennis v. Franklin, 201 So. 3d 1131 (Ala. 2016).
“2d at 627-28 (noting that plaintiffs’ failure to respond to and reject bank’s amendment of credit-card agreements amounted to acquiescence to amendment under § 5-20-5, Ala. Code 1975). Even in American Bankers, the numbers of the forms representing the standalone arbitration…”
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