Trial Necessary To Determine Whether Plaintiff Or An Identity Thief Signed Arbitration Agreement With Bank

Martinez v. Trans Union LLC presented a U.S. District Court with a logical conundrum. Plaintiff brought suit alleging that financial institutions violated the Fair Credit Reporting Act by not adequately investigating claims that a wrongdoer had appropriated his identity, using it to open accounts in his name.

Defendant Credit One Bank moved to compel arbitration, alleging that plaintiffs account documents provided for arbitration.

Recognizing that the bank’s claim begged the question of whether the accounts were opened by an imposter, the court determined that a trial on this issue is required.