In a significant legal development, a bank has successfully defended its claim against an individual for an unpaid credit card balance. Discover Bank filed a complaint in the Court of Common Pleas of Columbiana County, Ohio, on June 20, 2024, against Norma J. Dirienzo, alleging she defaulted on her credit card agreement and owed an accelerated balance of $22,337.17.
The case revolves around Discover Bank’s assertion that Dirienzo applied for and used a credit card issued by them, thereby binding herself to the terms of the cardmember agreement. The bank presented account statements showing purchases and payments made by Dirienzo over a year before the account was charged off. These statements were authenticated as business records by Discover’s litigation specialist. Despite Dirienzo’s denial of knowledge regarding the application for the account and other allegations, the court found that her use of the card constituted acceptance of the agreement’s terms.
Dirienzo’s defense hinged on claims that Discover failed to prove a valid contract existed due to the lack of her signature on the cardmember agreement and questioned whether Discover was indeed the original creditor. However, Discover countered these arguments by emphasizing established legal principles that do not require a signed agreement to enforce credit card debts when there is evidence of account usage and failure to object to account statements.
Discover sought summary judgment based on these grounds, which was granted by the trial court on May 21, 2025. The court ruled that Discover met its initial burden in proving their case while Dirienzo failed to provide any substantive evidence or affidavits to counter their claims or demonstrate genuine issues for trial.
Ultimately, this decision underscores the importance of understanding credit agreements’ terms and conditions upon using such financial products. The appellate court affirmed this ruling on February 3, 2026, with Judges Carol Ann Robb, Cheryl L. Waite, and Katelyn Dickey presiding over the appeal.
The attorneys involved in this case were Amanda Rasbach Yurechko representing Discover Bank and J. Jeffrey Limbian representing Norma J. Dirienzo under Case No. 25 CO 0016.
Source: 2026Ohio361_Discover_Bank_v_Dirienzo_Opinion_Ohio_Court_of_Appeals.pdf
