Federated Financial Corp. of America v. Jenkins

THIGPEN, Judge.

Matt Jenkins, individually and doing business as Shephard Service Company, Inc. (“Defendant”), a corporation registered in the State of California, entered into a credit card agreement, which contained a forum selection clause designating the State of Utah as the proper venue and jurisdiction for any lawsuit arising from the Agreement. Defendant argues this clause deprived North Carolina courts of jurisdiction. By means of the application of Utah law, we disagree.

I: Substantive Facts

Defendant opened a business credit card account with Advanta Bank Corporation, a Utah…