Facts

Eric Plaza and Absolute Urethane opened an American Express Business Platinum Card account on June 3, 2015. American Express National Bank mailed them the physical card and Cardmember Agreement, which indicated that they would pay all charges on the account. Defendants utilized the account to pay for various goods and services. American Express mailed an account statement to them every month, reflecting the amount of debt incurred by defendants. On March 19, 2021, American Express mailed an account statement indicating an outstanding balance of $440,842.86.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendants owed them $440,842.86 based on their unpaid debts from their American Express Business Platinum Card account and that defendants violated their cardmember agreement by failing to pay the debt in a timely fashion. Additionally, plaintiff maintained that defendants had a duty to object to the statement or notify plaintiff of any errors in the statement within a reasonable time to avoid their obligations.

DEFENDANTS' CONTENTIONS: Defendants denied all contentions and argued that the complaint was barred by mistake of fact, mistake of law, statute of limitations, failure to mitigate, the doctrine of laches, the doctrine of unclean hands, and lack of standing.

Result

Summary judgment was granted for plaintiff.