If anybody took the time to read the filing, it makes perfect sense. Anyone commenting that didn't read the filing is just blowing hot air.
I'll cut out the part that matters...PillansNotes
The FCBA is a remedial statute and should be construed broadly to protect consumers, but that doesn’t give this court license to read into the statute something that isn’t there. See Johnson v. Riddle, 305 F.3d 1107, 1117 (10th Cir. 2002). Hasan asks us to draw a distinction between transactions in which the merchant delivers goods immediately and those in which the merchant delivers goods in the future. But § 1666i doesn’t contain different rights for different types of transactions. Cf. Ali v. Fed. Bureau of Prisons, 552 U.S. 214, 228 (2008) (“We are not at liberty to rewrite the statute to reflect a meaning we deem more desirable.”). Hasan also points out that a person who didn’t pay off his or her credit card would have more recourse than he does in this particular situation and argues that he shouldn’t be penalized for responsibly paying his credit-card bills in full each month. That may be true, but as Chase points out, Hasan would have been in the same position had Congress not passed this statute. “In the pre-credit-card world, if Hasan had fully paid a merchant but the merchant later failed to deliver the promised goods, he would have had only one remedy: to affirmatively sue the merchant.” Chase Br. 24. Hasan’s remedy lies in Premier Cru’s bankruptcy proceedings, not with Chase and AmEx.
Remember, the court system doesn't work like you see on TV.