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Is a credit card agreement an adhesion contract? Is it typical of credit cards?

Cerritos, CA |

How would you know if your credit card represented an adhesion contract? I don't have any written agreement or contract per se.

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Attorney answers 4

Posted

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

Credit card companies usually provide their terms in the credit card application/offer, and that would be your written agreement with them. The credit card terms are drafted by the credit card companies, and they will not negotiate them with you, so I suppose in that sense they are adhesion contracts (i.e., a borrower needs to adhere to those terms or no contract is formed). However, given the amount of regulations in that industry, I do not believe a borrower these days can be relieved of paying credit card debts by alleging they are adhesion contracts. Be sure to consult your own attorney to protect your legal rights.

Robin Mashal

Robin Mashal

Posted

After reviewing all the answers, if you believe I have provided you the best answer, please give me that vote.

Posted

Contracts of adhesion are basically take it or leave it agreements. Since your credit card is issued with an agreement to which you did absolutely no negotiation, then yes, technically, credit cards are adhesion contracts.

Advice on this forum is for informational purposes only and should never be mistaken as a substitute for legal advice. If you are in need of legal advice, you should consult local legal counsel.

Posted

You _DO_ have a written contract -- you just misplaced it. You signed or clicked through part of the agreement. You also received a printed copy of the terms of the agreement about the time the card was issues. You have been receiving bill-stuffer amendments to the agreement right along. All of these things together define the agreement.

But, yes, it's a contract of adhesion because you had no meaningful opportunity to negotiate any of the terms.

Posted

Actually you do. It was part of the application process. It would not be considered an adhesion contract because their are numerous credit card companies that offer credit cards.

Jonathan Leventhal, esq.
Leventhal Law Group, P.C.
818-347-5800

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