MBNA America, NA v. Silva

Matthew J. Silva (“Silva”), a resident of Beverly, Massachusetts, obtained a credit card from MBNA America, NA (“MBNA”), a Delaware bank. When Silva received the card, he also received a copy of the standard cardholder’s agreement then in use by MBNA. That original agreement did not contain an arbitration clause. Silva began to use the credit card in the usual manner.

On or about July 15, 2002, MBNA sent Silva an amended cardholder’s agreement which provided, inter alia, that the agreement was made in Delaware and governed by the laws of Delaware; and that any disputes between the parties were…