Howard et al v. American General Finance Corporation et al

Filing 27

OPINION. Signed by Honorable Myron H. Thompson on 10/15/2009. (dmn)

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, EASTERN DIVISION

DONALD HOWARD and GLORIA HOWARD, Plaintiffs, v. AMERICAN GENERAL FINANCE CORPORATION, Defendant.

) ) ) ) ) ) ) ) ) ) ) OPINION

CIVIL ACTION NO. 3:09cv721-MHT (WO)

Plaintiffs

Donald

and

Gloria

Howard

filed

suit

against defendant American General Finance Corporation for violations of the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq., and the Alabama Deceptive Trade Practices Act, 1975 Ala. Code, § 8-19-1 et seq., and for state common-law causes of action, claiming the company intentionally continued to collect and report on the Howards' debtor accounts though they had been discharged by bankruptcy. Jurisdiction in this case is proper under

15 U.S.C. § 1681p of the Fair Credit Reporting Act and pursuant to the court's federal-question jurisdiction

under 28 U.S.C. § 1331 and supplemental jurisdiction under 28 U.S.C. § 1367. The lawsuit is now before the court on American General's motion to compel arbitration and stay judicial proceedings based on a note and security agreement

between the parties, which contains a binding arbitration provision, and pursuant to § 5 of the Federal Arbitration Act, 9 U.S.C. § 5. General's entered. DONE, this the 15th day of October, 2009. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE motion, As the Howards have conceded American an appropriate judgment will be