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Aslani v. Credit One Bank

FCRA Claim Insufficient to Establish Federal Question Jurisdiction Over Credit Account

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MEMORANDUM DECISION AND ORDER Before the Court is the plaintiff’s motion to remand this action, in which the plaintiff makes claims related to alleged overcharges on his credit card account, back to New York state court, where the plaintiff filed it originally. The plaintiff also asks that the Court award him costs and fees if it remands the case. The defendant opposes and asks the Court to compel arbitration. For the reasons below, the Court grants the plaintiff’s motion and remands the action to New York state court and denies the motion for costs and fees. BACKGROUND On September 8, 2024, the plaintiff filed this action in New York State Supreme Court under index number 524320/2024. In general, the plaintiff alleges that the defendant improperly charged and mishandled his credit account. The state court complaint asserted three causes of action: (1) breach of contract; (2) a claim under the Fair Credit Reporting Act, 15 U.S.C. §1681 et seq.; and (3) unjust enrichment. (ECF No. 1-1

 
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