Homa v. American Express Co. et al., No. 07-2921; Third Circuit; opinion by Van Antwerpen, U.S.C.J.; concurrence by Weis, U.S.C.J.; filed February 24, 2009. Before Judges Ambro, Weis and Van Antwerpen. On appeal from the District of New Jersey. [Sat below: Judge Pisano.] DDS No. 09-8-2915 [11 pp.]
American Express Centurion Bank, a Utah industrial bank, is in the business of issuing American Express credit cards. American Express Company (AEC), a N.Y. corporation, is its parent. In 2003, AEC started a promotional cash-back reward program for a “Blue Cash” credit card. Appellant G.R. Homa, a N.J. resident, was issued a Blue Cash card. The cardmember agreement required arbitration of all claims on either party’s election and that all claims “be arbitrated on an individual basis … [with] no right or authority for any claims to be arbitrated [as] a class action” (class-arbitration waiver). It also included a choice-of-law provision selecting Utah state law to govern disputes arising under the agreement.
