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People Should Read Their Mail

Plaintiffs filed a class action against Sears Roebuck & Company, Sears National Bank and Allstate Insurance Company alleging unauthorized charges on their credit cards. The defendants moved to compel arbitration pursuant to a revised credit card agreement sent to all customers through a mass mailing. The trial court denied the motion to compel arbitration and the appellate court reversed holding that the plaintiffs entered into a contract with the defendants and were on notice that the credit card agreement could change at any time. Thus, the revised agreement authorizing arbitration of claims brought against the defendants was controlling.  Hutcherson v. Sears Roebuck & Co., No. 1-03-0267 (1st Dist. June 30, 2003).

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