United States District Court, E.D. Pennsylvania
the Court is the motion of defendant, Credit One Bank, N.A.,
(“Credit One”) to dismiss and compel arbitration.
Plaintiff, Lisa Myers (“Myers”) has opposed the
motion and Defendant has filed a reply. Having read the
parties’ briefs and reviewing all exhibits, I will
grant Defendant’s motion to dismiss and compel this
matter to arbitration.
applied for and was issued a credit card by Credit One. The
credit card agreement contained an arbitration provision in
which Myers and Credit One agreed to resolve any disputes
between them through arbitration. Plaintiff filed claims
against Credit One that arose out of her failure to pay her
credit card account. Defendant filed the instant motion
seeking to uphold the arbitration clause in question and
compel Myers to arbitrate her claims against it.
STATEMENT OF FACTS
October 18, 2011, Credit One mailed Myers a written
solicitation for a pre-approved credit card. (Docket No. 31,
Ex. A.) Myers thereafter applied for a Credit One credit card
account, and Credit One issued her a Visa credit card.
(Docket No. 31, Ex. A., ¶¶ 8-9.) In the same
envelope as the credit card, Myers received a copy of the
Visa/MasterCard Cardholder Agreement, Disclosure Statement
and Arbitration Agreement (“the Agreement”).
(Docket No. 31, Ex. A-3.) The Agreement contains an
arbitration provision that provides, in relevant part:
You and we agree that either you or we may, without the
other’s consent, require that any controversy or
dispute between you and us (all of which are called
“Claims”), be submitted to mandatory, binding
arbitration. This arbitration provision is made pursuant to a
transaction involving interstate commerce, and shall be
governed by, and enforceable under, the Federal Arbitration
Act (the “FAA”), 9 U.S.C. § 1 et seq., and
(to the extent State law is applicable), the State law
governing this Agreement.
• Claims subject to arbitration include, but are not
limited to, disputes relating to the establishment, terms,
treatment, operation, handling, limitations on or termination
of your account, any disclosures or other documents or
communications relating to your account, whether authorized
or not, billing errors, credit reporting, the posting of
transactions, payments or credits, or collections matters
relating to your account. . . the application, enforceability
or interpretation of this Agreement, including this
arbitration provision, and any other matters relating to your
account, a prior related account or the resulting
relationships between you and us. Any questions about what
Claims are subject to arbitration shall be resolved by
interpreting this arbitration provision in the broadest way
the law will allow it to be enforced.
• If you or we require arbitration of a particular
Claim, neither you, we, nor any other person may pursue the
Claim in any litigation. . .
No. 31, Ex. A-3 at p. 5.)
and payments were made on the credit card for months, then
payments to Credit One stopped. (Docket No. 31, Ex. A-4.)
Thereafter, Myers commenced the instant litigation against
Credit One and numerous other defendants. Myers’
Amended Complaint alleges that Credit One violated the Fair
Credit Reporting Act, 15 U.S.C. § 1681 et seq. (Amended
Complaint, ¶ 49.) Plaintiff has alleged improper credit
reporting on the part of Credit One and inaccuracies of her
Credit One tradeline on her consumer report. (Id.,
¶¶ 20-23, 25-28.)