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On January 13, 2021, the U.S. District Court for the District of Columbia denied a motion to compel arbitration filed by First Premier Corp. (“First Premier”) in a Fair Credit Reporting Act case, on the grounds that First Premier did not sufficiently establish that the card agreement containing the arbitration clause was mailed to the cardholder.
Proctor v. First Premier Corp., 2021 U.S. Dist. LEXIS 6502 (D.D.C. Jan. 13, 2021).
The plaintiff, Charnita Proctor sued First Premier and other creditors, alleging that they “reported inaccurate or incomplete information” to Equifax and “failed to conduct a reasonable investigation” of the plaintiff’s credit disputes. 2021 U.S. Dist. LEXIS 6502 at *4-5. First Premier moved to compel arbitration of the plaintiff’s FCRA claim pursuant to the terms of its credit card agreement, and a declaration of a First Premier employee attesting that “after Plaintiff opened the Account, in First Premier’s normal course of business and regular business practices, it directed its vendor, First Data Resources … to mail via First Class U.S. Mail to the address Plaintiff gave First Premier the applicable credit card for the Account along with the Credit Card Contract and Account Opening Disclosures containing terms and condition governing the Account.” 2021 U.S. Dist. LEXIS 6502 at *7. Attached to that declaration was an exemplar of First Premier’s Credit Card Contract and Account Opening Disclosures.