DeLuca

BACKGROUND

A. Arbitration Agreement On October 4, 2019, American Express granted DeLuca’s application to open a credit account. The bank mailed DeLuca a credit card and a cardmember agreement governing the account. The agreement provided that use of the card constituted acceptance of the agreement, which would be governed by Utah law. The agreement contained an arbitration provision governed by the Federal Arbitration Act, 9 United States Code sections 1–

2 16 (FAA), and stated that DeLuca could reject the provision within 45 days after the first card purchase. DeLuca, a Florida resident, made purchases with the card and regularly paid off the resulting balances. He never rejected the arbitration provision. B. Complaint In June 2021, DeLuca sued American Express and Gearys for malicious prosecution, false arrest, intentional infliction of emotional distress (IIED), and negligence. He alleged that he presented his American Express card to purchase a $55,000 Rolex watch from a Gearys boutique in Century City. After verifying DeLuca’s credit card and Florida driver’s license, Gearys completed the purchase. Later that day, DeLuca alleged, Gearys noticed that the name on the…