Chanel Hunte v. American Express Company

Summary

The United States District Court for the Western District of North Carolina denies Chanel Hunte’s motion to remand her action against American Express Company. The court holds that the complaint expressly alleges violations of the Fair Credit Reporting Act and that the state unfair-and-deceptive-trade-practices claim depends on the lawfulness of the defendant’s credit reporting, establishing federal-question jurisdiction. The case is ordered to proceed toward a ruling on the merits.

Holdings

1. Removal was proper because the well-pleaded complaint expressly alleged that American Express violated the Fair Credit Reporting Act, presenting a federal question on the face of the complaint.
2. The court had jurisdiction because the plaintiff's North Carolina unfair-and-deceptive-trade-practices claim turned on whether American Express's credit reporting violated federal law; related state and federal claims may also fall within supplemental jurisdiction when they derive from a common nucleus of operative fact.

Questions Presented

1. Whether the complaint's express FCRA allegations established federal-question jurisdiction under 28 U.S.C. § 1331 and permitted removal under 28 U.S.C. § 1441.
2. Whether the plaintiff's North Carolina unfair-and-deceptive-trade-practices claim depended on resolution of a substantial federal question concerning the lawfulness of American Express's credit reporting.

Disposition

other