In Theriault v. FIA Card Services, N.A., No. 09-30233 (5th Cir. Oct. 8, 2009), Victor Theriault became delinquent on his credit card account with FIA Card Services, N.A. (formerly known as MBNA America Bank, N.A.) (FIA) around December 2006. FIA filed for arbitration at the National Arbitration Forum (NAF). On April 2007 NAF issued an arbitration award in favor of FIA. Theriault challenged the award on the grounds that FIA had violated the Truth in Lending Act (TILA) and breached its contract. The district court confirmed the arbitration award and Theriault now appeals.
The Fifth Circuit, in a two-page unpublished opinion, affirmed the district court’s judgment. The court said that Theriault failed to establish grounds for vacating the arbitration award under Section 10 of the Federal Arbitration Act.
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