Same debt, different claim

Barnett v. American Express rejected a claim that arbitration was waived by substantially invoking the judicial process: “American Express did not substantially invoke the judicial process on Barnett’s FCRA claim by suing to collect her debt. Its previous suit brought only a generic breach of contract claim under Mississippi law. That is undoubtedly a different claim than Barnett’s subsequent FCRA action, which American Express immediately sought to arbitrate.” No. 24-60391 (July 29, 2025).