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Despite the lenient standards afforded to complaints filed by non-attorneys, a federal court in North Carolina dismissed allegations of fraud that were premised on a credit card company's actions in obtaining an arbitration award in its favor.
In Holmes v. MBNA America Bank, N.A., No. 5:05-cv-16, 2007 WL 952017 (W.D.N.C. Mar. 27, 2007), Holmes claimed that the arbitration award against him for non-payment of credit card debt amounted to "a scheme to defraud him."
In rejecting Holmes' claim, the Court noted that the criminal statute on which Holmes based his claim provided no private right to sue, and was designed to protect "financial institutions," not private individuals. Accordingly, the Court dismissed Holmes' suit, clearing the way for MBNA to seek confirmation of the arbitration award.
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