Bank of America N.A. v. Evans

SCHWARTZ, Senior Judge.

Bank of America, the issuer of a credit card, appeals from the denial of its application for arbitration of a dispute with a cardholder. We affirm.

The basis of the trial court’s ruling on the issue was the determination that the cardholder, Ms. Evans, had never received the “Agreement” which purportedly contained the arbitration clause. Because Ms. Evans’ unequivocal denial of having received such a contract created an issue of fact on that question, notwithstanding the rebuttable presumption of receipt which arose from corporate testimony as to the issuer’s practice of…