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Beneficial National Bank, U.S.A. v. Obie Payton

United States District Court for the Southern District of Mississippi

214 F.Supp.2d 679 (2001)

Relevant factsFree

Obie Payton (defendant) signed a credit-card agreement with Beneficial National Bank (plaintiff) that let Beneficial change the agreement's terms. Beneficial later mailed cardholders, including Payton, notice that it was adding mandatory arbitration unless the cardholder rejected the change within 30 days; Payton did not opt out in time. His account was later assigned to Household Bank, which similarly notified cardholders of an arbitration provision. Payton sued Beneficial and Household Bank in state court alleging the arbitration provision was procured by fraud; the banks then sued in federal court to compel arbitration under the Federal Arbitration Act, and Payton moved to dismiss for lack of jurisdiction while the banks moved to compel arbitration.

IssueFree

Whether a mandatory arbitration provision added to an existing credit-card agreement binds a cardholder who received notice of the change but did not affirmatively opt out within the specified period.

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