California Court of Appeal

A credit services organization may not modify its membership contract to require arbitration and preclude class relief, simply by notifying members by mail that continued membership constitutes acceptance of such modification, because the Credit Services Act of 1984 requires that contract modifications be signed, and such a requirement is not pre-empted by the Federal Arbitration Act.

Appellate Information

• Decided 07/10/2002
• Published 07/10/2002

Judges

• SIMONS, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
•  Mayer, Brown & Platt, Fredrick S. Levin, Los Angeles, Ronald D. Kurtz and Nicole Manna;  Morrison & Foerster, Douglas L. Hendricks and Philip T. Besirof, San Francisco, for Defendants and Appellants., Girard & Green, Daniel C. Girard, Eric H. Gibbs, San Francisco, and Martin S. Putnam, Oakland, for Plaintiffs and Respondents.