Justice Saliann Scarpulla
American Express Centurion Bank (Amex) moved for summary judgment on its complaint against Chaflin in this action to recover a credit card debt. It alleged three causes of action, including account stated. Amex claimed it was entitled to summary judgment as Chaflin breached his credit agreement by failing to make payments on his credit card account or dispute outstanding balances within a reasonable amount of time. Chaflin argued triable issues of fact existed precluding summary judgment. He alleged Amex failed to provide a breakdown of the $166,197.37 allegedly due into categories for charges, fees and interest. Chaflin also argued Amex breached the credit agreement by permitting him to charge in excess of a $50,000 limit. The court rejected such assertion noting the credit agreement specifically stated the card had no pre-set spending limit. Also, contrary to Chaflin’s claims, the monthly statements provided itemized charges for goods and services, including late payment fees. The court further noted Chaflin never objected to or notified Amex that any of the amounts in the monthly statements were erroneous, thus presented no valid defense to Amex’s claim for an account stated. Amex was granted summary judgment.
