Legal Question in Credit and Debt Law in California
A written contract?
We received an unsolicated consumer credit card years ago. We never signed any written contract etc., although we did make a few charges to it. Can this still be considered a written contract, or is it verbal or implied?
1 Answer from Attorneys
Re: A written contract?
Over the years you have had the card, the issuer most assuredly sent you a card holder's agreement, and various amendments thereto. Further, those agreements probably contained a provision that by using the card you agreed to the terms of the written agreement. Hence, the very first time you used the card, you agreed to the written agreement the card issuer sent to you, and you have a written agreement with the card issuer.
Even assuming that the issuer never sent you any written materials, by using the card a implied-in-fact contract was created because you used the card, and your usage implied that you would agree to pay for any charges made on the card.
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