Briggs

ORDER GRANTING IN PART AND DENYING IN PART AND DEFENDANTS’ MOTION FOR JUDGMENT ON THE PLEADINGS OR FOR PARTIAL DISMISSAL

INTRODUCTION

In this proposed class action, plaintiff Julius Briggs, on the behalf of soldiers and veterans who use credit cards issued by the Army and Air Force Exchange Service (“AAFES”), has sued defendants the United States of America and AAFES for allegedly unlawful debt-collection practices. Count One alleges improper debt-collection and Count Two alleges improper finance charges. Defendants move for judgment on the pleadings, or, in the alternative, for partial dismissal on the grounds that: (i) there is a lack of subject-matter jurisdiction; (ii) jurisdiction is also lacking as to Count Two because no case or controversy exists; (iii) any recovery plaintiff might be able to obtain would be subject to immediate and equal setoff by the United States; and (iv) there is improper venue for all counts. For the reasons stated below, the motion for judgment on the pleadings or for partial dismissal is Granted in Part and Denied in Part.

STATEMENT

This order must take the well-pled allegations in the complaint as true. The AAFES issued credit cards to…