Advanta Bank Corp. v. Merrill

By Judge Robert P. Doherty, Jr.

Plaintiff bank sued Defendant bankcard holder for non-payment of accumulated debt incurred for credit card charges. The suit was brought in Virginia, in the City of Salem Circuit Court. The cardholder agreement that governs the parties contract contains the following forum selection clause, “YOU CONSENT TO PERSONAL JURISDICTION IN THE STATE AND FEDERAL COURTS IN UTAH AND AGREE THAT ANY LAWSUIT PERTAINING TO THE ACCOUNT MUST BE BROUGHT ONLY IN SUCH COURTS IN UTAH REGARDLESS OF WHO FILES THE SUIT AND MAY BE MAINTAINED ONLY IN THOSE COURTS.”

At trial, Plaintiff bank…