Section 8 – Other Events
Litigation Regarding the Depositor and Issuing Entity
In June 2019, a lawsuit (Petersen et al. v. Chase Card Funding, LLC et al., No. 1:19-cv-00741 (W.D.N.Y. June 6, 2019)) was filed against Chase Card Funding, LLC, which is also referred to in this report as “Chase Card Funding” or the “depositor” and Chase Issuance Trust, a Delaware statutory trust, which is also referred to in this report as the “issuing entity.” The putative class action was brought by several New York residents with credit card accounts originated by JPMorgan Chase Bank, National Association, which is referred to in this report as “JPMorgan Chase Bank,” or its predecessor Chase Bank USA, N.A. (neither of which are named as a defendant), who alleged that JPMorgan Chase Bank securitized their credit card receivables in the issuing entity. The complaint contended that the defendants are required to comply with New York state’s usury law under the United States Court of Appeals for the Second Circuit decision in Madden v. Midland Funding, LLC, 786 F.3d 246 (2d Cir. 2015), cert. denied, 136 S. Ct. 2505 (June 27, 2016) because they are non-bank entities that are not entitled to the benefits of federal preemption.
The defendants filed a motion to dismiss the complaint in August 2019 and in January 2020, the magistrate judge issued a report and recommendation that the defendants’ motion be granted. On September 21, 2020, the district judge issued an order granting the defendants’ motion to dismiss. In October 2020, the plaintiff filed a notice of appeal to the United States Court of Appeals for the Second Circuit. Chase Card Funding cannot predict the outcome of the appeal and if decided adversely, investors may suffer a delay in payment or loss on their notes.
Portfolio Information Tables
The following information relates to the credit card receivables owned by the issuing entity and the related credit card accounts. Some of the terms used herein are used as defined in the “Glossary of Defined Terms” at the end of this report.
On March 11, 2020, the World Health Organization declared the outbreak of a strain of novel coronavirus disease, COVID-19, a global pandemic. The COVID-19 pandemic and governmental responses to the pandemic have had, and continue to have, a severe impact on national and global economic conditions, including a significant disruption and volatility in the financial markets, disruption of global supply chains, closures of many businesses leading to loss of revenues and increased unemployment and the institution of social distancing and sheltering in-place requirements in the U.S. and other countries. If the pandemic is prolonged, or other diseases emerge that give rise to similar effects, the adverse impact on the global economy could deepen. The extent of the COVID-19 pandemic will depend on future developments that are highly uncertain and cannot be predicted, including the scope and duration of the pandemic and actions taken by governmental authorities and other third parties in response to the pandemic.
Since March 2020, JPMorgan Chase Bank, in its capacity as servicer of the Trust Portfolio, has been providing loan modifications, including payment deferrals and fee waivers, to credit card customers affected by the COVID-19 pandemic upon request. At September 30, 2020, the deferral period offered to customers for eligible card accounts is one month. Interest continues to accrue during the deferral period and is added to the principal balance of the credit card account. Prior to the current deferral period offered, JPMorgan Chase Bank had allowed credit card customers affected by the COVID-19 pandemic to delay payments for three months. These modifications are intended to mitigate adverse effects on borrowers due to the COVID-19 pandemic. The impact of the servicer’s payment deferral program was not material to the performance of the Trust Portfolio during the quarter ended September 30, 2020.
Delinquency and Loss Experience
The following tables describe the delinquency and loss experience for each of the periods shown for the Trust Portfolio and include all receivables included in the Trust Portfolio as of the date specified in the tables. There can be no assurance that the delinquency and loss experience for the Issuing Entity Receivables will be similar to the historical experience set forth below because, among other things, economic and financial conditions affecting the ability of cardholders to make payments, including the effects of the COVID-19 pandemic, may be different from those that have prevailed during the periods reflected below. For instance, accounts in the Trust Portfolio that are subject to COVID-19 payment deferral plans may not advance to the next delinquency cycle, including eventually to charge-off, in the same timeframe that would have occurred had a modification not been granted. The negative effects, including on delinquency and losses and the recognition of charge-offs, may be delayed because of the impact of prior and potential future government stimulus actions or payment deferrals provided to customers.