Lance v. Midland Credit Mgmt. Inc.

375 F. Supp. 3d 604
CourtDistrict Court, E.D. Pennsylvania
DecidedMarch 22, 2019
DocketCIVIL ACTION NO. 18-4933
StatusPublished
Cited by6 cases

This text of 375 F. Supp. 3d 604 (Lance v. Midland Credit Mgmt. Inc.) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lance v. Midland Credit Mgmt. Inc., 375 F. Supp. 3d 604 (E.D. Pa. 2019).

Opinion

KEARNEY, District Judge

Jacob Lance signed a credit card account agreement with Synchrony Bank. The agreement included a mandatory arbitration clause and class action waiver. Mr. Lance also agreed the bank could sell its rights or duties under the agreement or the "account", including rights to payments. Mr. Lance defaulted on his payments. The bank sold "accounts" (including Mr. Lance's account) to Midland Funding LLC. The bank did not specifically sell its "rights or duties" to Midland Funding. Upon obtaining the accounts, including rights to payments, Midland Funding's agent sent Mr. Lance a letter seeking to collect the credit card debt.

Mr. Lance now sues Midland Funding and its agent claiming the collection letter violates the Fair Debt Collection Practices Act. Midland moves to compel arbitration under the Federal Arbitration Act arguing it purchased his "account" which automatically includes the bank's rights to compel arbitration. Mr. Lance concedes he agreed to arbitration with the bank. He disputes agreeing to anyone else being allowed to compel arbitration. He also argues the assignment does not include the bank's *607rights to arbitrate. We disagree with him in part. He agreed to arbitrate his disputes with the bank or whomever the bank sold its rights. But we have no basis to find, as a matter of contract law, the bank sold its rights to arbitrate. It sold accounts. Absent evidence it also sold the rights to arbitrate, Midland may not compel arbitration.

This is an issue of law requiring we initially interpret the use of the term "account" in the sale documents from the bank to Midland. Midland fails to provide us with law (including which law may apply) or evidence which could allow us to find it purchased the right to compel arbitration. After review of the presently undisputed facts, we today hold Synchrony Bank did not assign the right to arbitrate to Midland Funding subject to further argument and possible evidence clarifying possible ambiguity in the use of the term "account" in the assignment.

I. Undisputed facts.

Jacob Lance opened a CareCredit Card account with Synchrony Bank on December 12, 20161 by signing a CareCredit Card Account Agreement ("Agreement").2 Mr. Lance used the account for purchases but did not make payments.3 Mr. Lance alleges the account is a debt incurred for personal, family or household purposes.4

The Agreement contained three provisions material to today's issue: (1) an assignment clause; (2) an arbitration clause; and (3) a class action waiver.5

The assignment clause.

The assignment clause provides "We may sell, assign or transfer any or all of our rights or duties under this Agreement or your account, including our rights to payments. We do not have to give you prior notice of such action. You may not sell, assign or transfer any of your rights or duties under this Agreement or your account."6

The arbitration clause.

The arbitration clause provides, in bolded, capitalized letters "Please read this section carefully. If you do not reject it, this section will apply to your account , and most disputes between you and us will be subject to individual arbitration. This means that: (1) neither a court nor a jury will resolve any such dispute; (2) you will not be able to participate in a class action or similar proceeding; (3) less information will be available; and (4) appeal rights will be limited."7

The arbitration clause described the type of claims subject to arbitration including, inter alia: "If either you or we make a demand for arbitration, you and we must arbitrate any dispute or claim between you or any other user of your account , and us, our affiliates, agents and/or providers that accept the card or program sponsors it if relates to your account , except as noted below" and "Notwithstanding any other language in this section, only a court, not an arbitrator, will decide disputes about the validity, enforceability, coverage or scope of this section or any part thereof (including, without limitation, the next *608paragraph of this section and/or sentence). However, any dispute or argument that concerns the validity or enforceability of the Agreement as a whole is for the arbitrator, not a court, to decide."8

Class action waiver.

In bolded, capitalized letters, the Agreement provides "No Class Actions" stating "You agree not to participate in a class, representative or private attorney general action against us in court or arbitration. Also, you may not bring claims against us on behalf of any accountholder who is not a [sic] accountholder on your account, and you agree that only accountholders on your account may be joined in a single arbitration with any claim you have."9

The Agreement additionally provides the "Arbitration section" is governed by the Federal Arbitration Act and Utah law applies "to the extent state law is relevant under the FAA."10 The Agreement further provides "[t]he arbitrator's decision will be final and binding, except for any appeal rights under the FAA. Any court with jurisdiction may enter judgment upon the arbitrator's award."11

Bank defaults Mr. Lance's account and then sells its "Accounts" to Midland.

On September 20, 2017, Synchrony Bank charged off Mr. Lance's account with a balance of $ 1,065.78.12 One month later, in October 2017, Synchrony Bank sold several accounts, including Mr. Lance's account, to Midland Funding LLC ("Midland Funding").13 Midland Credit Management, Inc. ("Midland Credit") services the account for Midland Funding.14

On April 25, 2018, Midland Credit sent Mr. Lance a "collection letter" for the balance on the account.15 Mr. Lance alleges the letter is false, deceptive, and misleading because Midland Credit "place[d] ... ambiguous language" regarding three "discount" payment options "resulting in multiple interpretations."16 Mr. Lance alleges the third option is ambiguous "as to whether this is a third settlement option or a path to full payment," contending the third option "appears to be a path to full payment, but after reading the statement that all three are discount options, the consumer would reasonably believe that the item is a discount."17 Mr. Lance contends this is a material ambiguity "because it directly affects the consumer's choice to pay the debt."18

Mr. Lance further challenges a banner on the collection letter stating "We can't change the past, but we can help with your *609future."19 Mr.

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Bluebook (online)
375 F. Supp. 3d 604, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lance-v-midland-credit-mgmt-inc-paed-2019.