Hosseini v. Upstart Network, Inc., No. 1:2019cv00704 - Document 22 (E.D. Va. 2020)
Court Description: MEMORANDUM OPINION. Signed by District Judge T. S. Ellis, III on 2/5/2020. (lcre, )
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Hosseini v. Upstart Network, Inc. Doc. 22 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division MAHAN HOSSEINI, Plaintiff, V. Civil Case No. 19-cv-704 UPSTART NETWORK,INC., Defendant. MEMORANDUM OPINION The threshold issue in this Fair Credit Reporting Act Case("FCRA")is whether Defendant Upstart Network, Inc.'s motion to compel arbitration and stay proceedings pursuant to the Federal Arbitration Act("FAA"),9 U.S.C. ยงยง 3 & 4, should be granted. Defendant was the loan servicer for an $18,000 loan from Cross River Bank that Plaintiff Mahan Hosseini obtained in July 2014. Plaintiff, who succeeded in having the loan discharged in bankruptcy in 2016, has sued defendant for violating FCRA by failing to report the discharge. Defendant asserts that, in the course of applying for the loan, plaintiff agreed to an arbitration clause and later reaffirmed that agreement in the Promissory Note that he signed. For his part, plaintiff claims that he did not read the Upstart Borrower Platform Agreement(the "Platform Agreement")and does not recall even looking at it. For the reasons that follow, the record reflects that plaintiff accepted the arbitration clause in the Platform Agreement and hence the motion to compel arbitration must be granted. I. The following facts are appropriately derived from the parties' affidavits, declarations, and exhibits as well as the facts alleged in the Complaint. Dockets.Justia.com
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