Arbitration • Credit Card Agreement • Non-Signatory • Equitable Estoppel

White v. Sunoco, Inc., PICS Case No. 17-1418 (3 Cir. Sept. 5, 2017) Chagares, J. (31 pages).

District court properly denied gasoline company's motion to compel arbitration in action brought by credit cardholder who alleged he did not receive the gas discount promised for the use of the credit card because company was not a third-party beneficiary of the credit card agreement and estoppel did not apply since there was no alleged “concerted action” and cardholder's claims did not rely on any terms in the credit card agreement. Affirmed.

Company that sold gasoline advertised a rewards program which offered a discount to customers who bought gas using a particular credit card. The promotional materials included a “terms and conditions offer” that indicated that bank was the issuer of the credit card. The parties disagreed as to whether company and bank jointly marketed the credit card but it was not disputed that company was not a corporate affiliate of and had no ownership interest in bank. Appellee applied for and obtained the rewards credit card from bank, made fuel purchases but alleged he did not receive the promised discount. He asserted fraud, fraudulent inducement, negligent misrepresentation, unjust enrichment and violations of the Florida deceptive and unfair trade practices act. It was undisputed that company was not a signatory to the card agreement. Company filed to compel arbitration based on the arbitration clause in the card agreement. The trial court denied company's motion and found that company was not a third-party beneficiary of the card agreement and that company was not an agent, owner or subsidiary of bank or vice versa and that estoppel did not apply. Company appealed.