Portfolio Recovery Associates, LLC v. SandersAnnotate this Case
This case arose from Portfolio Recovery’s action to recover a credit card debt from respondent Jason Sanders under a common-law claim for an "account stated." The parties filed competing motions for summary judgment - Portfolio contending that it was entitled to summary judgment on the merits of its account-stated claim, and Sanders contending that he was entitled to summary judgment on his affirmative defense that the claim was governed by, and barred by, the statute of limitations of Virginia, a state with connections to the underlying credit card agreement. The Court of Appeals held that neither party was entitled to summary judgment, and both parties sought review. This case presented two issues for the Oregon Supreme Court's resolution: (1) whether an account-stated claim was established as a matter of law when a credit card customer failed to object to the amount listed as the "new balance" on a credit card statement; and (2) how Oregon's choice-of-law principles revolve a conflict between competing state statutes of limitations when the relevant substantive law of the two states is the same. The Court concurred with the appellate court's finding that neither party was entitled to prevail on summary judgment, and affirmed that ruling.