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Myers v. Credit One Bank, N.A.

United States District Court, E.D. Pennsylvania

August 29, 2017

LISA MYERS, Plaintiff,
v.
CREDIT ONE BANK, N.A., Defendant.

          MEMORANDUM OPINION

          Schmehl, J.

         Before 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.[1]

         I. BACKGROUND

         Plaintiff 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.

         II. STATEMENT OF FACTS

         On 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:

         Agreement to Arbitrate:

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 Covered:

• 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. . .

         (Docket No. 31, Ex. A-3 at p. 5.)

         Charges and payments were made on the credit card for months, then payments to Credit One stopped.[2] (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.)

         III. STAN ...


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