An interesting case has surfaced in Voronezh, Russia, where a man is suing a bank for more than 24 million Russian rubles (about $727,000) in compensation over a handcrafted document that was signed and recognized by the bank.
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DmitryAgarkov said that in 2008 he received a letter from Tinkoff Credit Systems in his mailbox. It was a credit card application form with an agreement contract enclosed, much like the applications Americans receive daily from Visa ( V ), Mastercard ( MA ), American Express ( AXP ), or Discover ( DFS ).Agarkov filled in the form and returned the signed application, though what he sent back was not exactly the same document the bank had sent him.
Agarkov changed some parts for his own benefit -- most notably, the small print. He opted in for a 0% APR and no fees, and added that the customer "is not obliged to pay any fees and charges imposed by bank tariffs." He also changed the URL of the site where the terms and conditions were published from www.tcsbank.ru to tcsbank .at.ua . Additionally, he added a special clause that would protect him should the bank break the agreement in a unilateral manner. For each unilateral change in the terms provided in the agreement, the bank would be asked to pay the customer (Agarkov ) 3 million rubles (about $91,000), or a cancellation fee of 6 million rubles ($182,000).
However, after two years of active use, the bank decided to terminate Mr. Agarkov's credit card in 2010 because he was late paying the minimum required amounts. In 2012, the bank suedAgarkov for 45,000 roubles ($1,363) - an amount that included the remaining balance, fees, and late payment charges. The court decided that the agreement Agarkovcrafted was valid, and requiredAgarkov to settle only his balance of 19,000 rubles ($575).
Despite the apparent victory,Agarkov fought back: On August 1, the Kominternovsky District Court of Voronezh launched hearings about Agarkov 's countersuit against the bank . As Tinkoff Credit Systems had not honored eight clauses in the agreement,Agarkov now wants the bank to pay amends of 24 million rubles ($727,000) total. The law firmKonsultant , which is representingAgarkov , says that the bank's decision to terminate the agreement cannot be lawful because his client was not paid 6 million rubles, as per terms of the amended agreement.
The dispute between Agarkov and Tinkoff Credit Systems escalated when the bank's chairman, Oleg Tinkov, took to Twitter to respond to media interest in the case. (See: Russian Bank Chairman Comments on the Fine Print Case: 'Nobody Will Win Anything From Us.' )
"Of course I won't recommend other people do what I did. Before you opt in for credit, you must think multiple times and carefully study your bank's terms. But if you agree, you'll have to stick to it."
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Temporary buildings or facilities covered by these requirements include, but are not limited to, reviewing stands, temporary classrooms, bleacher areas, stages, platforms and daises, fixed furniture systems, wall systems, and exhibit areas, temporary banking facilities, and temporary health screening facilities. Structures and equipment directly associated with the actual processes of construction are not required to be accessible as permitted in 203.2.
216.9.2 Directional Signs. Directional signs indicating the location of the nearest public TTY shall be provided at all banks of public pay telephones not containing a public TTY. In addition, where signs provide direction to public pay telephones, they shall also provide direction to public TTYs. Directional signs shall comply with 703.5 and shall include the International Symbol of TTY complying with 703.7.2.2.
217.1 General. Where coin-operated public pay telephones, coinless public pay telephones, public closed-circuit telephones, public courtesy phones, or other types of public telephones are provided, public telephones shall be provided in accordance with 217 for each type of public telephone provided. For purposes of this section, a bank of telephones shall be considered to be two or more adjacent telephones.
These requirements apply to all types of public telephones including courtesy phones at airports and rail stations that provide a free direct connection to hotels, transportation services, and tourist attractions.
Separate requirements are provided based on the number of public pay telephones provided at a bank of telephones, within a floor, a building, or on a site. In some instances one TTY can be used to satisfy more than one of these requirements. For example, a TTY required for a bank can satisfy the requirements for a building. However, the requirement for at least one TTY on an exterior site cannot be met by installing a TTY in a bank inside a building. Consideration should be given to phone systems that can accommodate both digital and analog transmissions for compatibility with digital and analog TTYs.
217.5 Shelves for Portable TTYs. Where a bank of telephones in the interior of a building consists of three or more public pay telephones, at least one public pay telephone at the bank shall be provided with a shelf and an electrical outlet in accordance with 704.5.
If a bank provides both interior and exterior ATMs, each such installation is considered a separate location. Accessible ATMs, including those with speech and those that are within reach of people who use wheelchairs, must provide all the functions provided to customers at that location at all times. For example, it is unacceptable for the accessible ATM only to provide cash withdrawals while inaccessible ATMs also sell theater tickets.
The clear floor or ground space required at elevator call buttons must remain free of obstructions including ashtrays, plants, and other decorative elements that prevent wheelchair users and others from reaching the call buttons. The height of the clear floor or ground space is considered to be a volume from the floor to 80 inches (2030 mm) above the floor. Recessed ashtrays should not be placed near elevator call buttons so that persons who are blind or visually impaired do not inadvertently contact them or their contents as they reach for the call buttons.
804.6.6 Refrigerator/Freezer. Combination refrigerators and freezers shall have at least 50 percent of the freezer space 54 inches (1370 mm) maximum above the finish floor or ground. The clear floor or ground space shall be positioned for a parallel approach to the space dedicated to a refrigerator/freezer with the centerline of the clear floor or ground space offset 24 inches (610 mm) maximum from the centerline of the dedicated space.
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