Unifund Ccr, Llc v. Amy Elyse

¶1 A debt collector seeking to enforce a written credit card agreement must prove the debtor’s assent to the material terms of the agreement. The only cardholder agreement Unifund CCR LLC proffered in its action against Amy Elyse was a cardholder agreement issued in 2010. Unifund relies on use of the card in 2008 and a payment in 2009 to prove assent by conduct. But those acts do not establish assent to a document that did not exist until 2010.

¶2 The district court properly granted Elyse’s motion for summary judgment and dismissed Unifund’s claims. We reverse the superior court’s judgment on…