Rootberg v. American Express Company

WARD, District Judge.

This is a motion by the defendant, American Express Company (Amexco), for summary judgment pursuant to Rule 56, Fed.R.Civ.P. For the reasons hereinafter stated, the motion is granted.

The complaint alleges violation of the “Truth in Lending Act”, 15 U.S.C. Section 1601 et seq.; breach of contract; and fraud. Jurisdiction is based on 15 U.S.C. Section 1640 and pendant jurisdiction. The underlying facts giving rise to this action are apparently not in dispute. The plaintiff, Michael Root-berg, was the holder of an Amexco Money Card, a charge card, which he used to purchase…