Berkery v. Cross Country Bank

[David A. Szwak]

Consumer brought action against credit card issuer, collection agents, and two independent credit reporting agencies, alleging various state law claims and violation of the Fair Credit Reporting Act (FCRA) based on their allegedly inaccurate reporting of his credit history. Defendants moved to compel arbitration and to stay all proceedings pending the completion of arbitration. The District Court, Eduardo C. Robreno, J., held that: (1) consumer's claim fell within the substantive scope of the arbitration clause contained in the credit card agreement between consumer and issuer; (2) purported settlement agreement between consumer and issuer's agent did not terminate the parties' agreement to arbitrate disputes covered by the credit card agreement's arbitration clause; and (3) under the circumstances, all claims against all defendants would be stayed. Motion to compel arbitration granted and proceedings stayed.
Berkery v. Cross Country Bank, 256 F.Supp.2d 359, E.D.Pa., Apr. 11, 2003.