FIA Card Services, N.A. v. Caviness (Lawyers Weekly No. 14-16-0481, 9 pp.) (Rick Elmore, J.) Appealed from Wake County District Court (Margaret Eagles, J.) N.C. App. Unpub. Holding: Although plaintiff failed to offer the parties’ credit card agreement into the ...

Tagged with: Credit Card Agreement

Citibank, South Dakota, N.A. v. Graudin Where the defendant-cardholder contends the interest rates charged by the plaintiff-credit card company exceeded those authorized by defendant’s original 1995 credit card agreement with plaintiff’s predecessor in interest, defendant has disputed the amount owed to plaintiff. We reverse summary judgment for plaintiff. Remanded.

Tagged with: Contract Credit Card Agreement

Portfolio Recovery Associates, LLC v. Freeman A debtor’s challenge to an arbitration award fails since: (1) he failed to challenge the award within the three-month time period prescribed by 9 U.S.C. §12; and (2) equitable tolling does not apply because he failed to file a motion to vacate the arbitration award.

Tagged with: Arbitration Credit Card Agreement Timeliness

Federated Financial Corp. of America v. Jenkins Even though the credit card agreement at issue contains a forum selection clause that says related litigation is to take place in Utah, since there is no rational nexus between Utah and either the parties or the contract transactions, the forum selection clause is unenforceable. We affirm the trial court’s denial of defendant’s motion to set aside the default judgment against him.

Tagged with: Choice of Law Civil Practice Contract Credit Card Agreement Forum-Selection Clause jurisdiction venue