Cornell v. Desert Financial Credit Union
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The Supreme Court held that on-going, at-will, consumer-business relationships consist of the day-to-day offer and acceptance of unilateral contracts, and thus, businesses may effectively modify the non-negotiated, standardized terms governing those relationships if the business can demonstrate certain elements.
The United States District Court for the District of Arizona certified to the Supreme Court the question of whether an effective modification of a consumer contract can occur when the offeror sends notice of the proposed modification to the offeree through a communication channel to which the offeree previously consented even if the offeree fails to respond. In considering the requirements for modifying the terms of at-will, on-going, business-consumer relationships, the Supreme Court held that its jurisprudence did not provide definitive guidance and that Restatement of Consumer Contracts 3 is hereby adopted to fill that void.
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