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CONTRACTS - THOMAS V. AMERICAN EXPRESS BANK, FSB

Thomas v. American Express Bank, FSB, [Ms. 2120117, Aug. 2, 2013] ___ So. 3d ___ (Ala. Civ. App. 2013). The Court of Civil Appeals reverses a summary judgment for American Express in its collection action for lack of a sufficient showing in support of its summary judgment motion. The defendant submitted an affidavit stating, inter alia, that he had last used the accounts at issue in May and July 2007, that he had never signed a written contract, and that American Express had not produced a copy of the contract it was suing him on. American Express relied on a copy of a June 2009 statement that supposedly gave Thomas notice of the terms of the card member agreements. However, that statement was dated approximately two years after he had gone into default and so American Express submitted nothing to the trial court to establish that at any point before June 2009, Thomas had received the card member agreements or that he had agreed to be bound by the terms of the card member agreements. Because it had not established the terms to which both parties agreed, American Express did not show that it was entitled to a summary judgment.
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