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Originally Posted by Hedwig I've always contended that this was the case. The sending of the card is the offer, the use the acceptance. Especially in these days of electronic transactions, when is a signature needed?
I have my bank account debited to pay my mortgage. I have my bank account debited to pay my insurance, or cc bills. I never signed anything, just went to a web site and put in identifying information.
The Statute of Frauds specifies what contracts must be in writing, such as real estate. I have never seen credit card agreements specified as requiring a written agreement. Contract law says that contracts that are not written are still considered valid as long as the conditions of a contract are met. |
Youv'e never asked a JDB, through discovery, to admitt that a CC is not a written contract ! They will deny and state that CC are written contracts in KY!! That way, written = 15 yr sol.