Sears Roebuck and Co. v. Avery

GEER, Judge.

The primary issue before this Court is whether plaintiff, Sears Roebuck and Co. (“Sears”), validly added an arbitration provision to the terms of defendant Barbara Avery’s Sears credit card agreement. While Sears, in arguing that it is entitled to compel arbitration, relies upon a provision in its cardholder agreement allowing it to change any term of the agreement, we hold, applying Arizona law, that Sears was only authorized by that provision to make changes relating to subjects already addressed in the original agreement. Because Sears’ arbitration clause did not fall into that…