California Appellate Tracker

Reichert v. Rapid Invs., Inc., No. 21-35530, 2022 U.S. App. LEXIS 35943 (9th Cir. Dec. 30, 2022)

January 17, 2023

Plaintiff was arrested. When he was booked, the police confiscated the cash he was carrying. When plaintiff was released, the police gave him a prepaid debit card with a credit balance in the amount of cash they had confiscated at his booking. Plaintiff used the debit card shortly after his release to withdraw the full credit sum in cash. This decision holds that plaintiff did not agree to the card issuer’s terms and conditions which included an arbitration clause. Inaction (accepting and retaining the card) in response to an offer is not an acceptance forming a contract. Using the card was also not an acceptance of the issuer’s terms under these circumstances since there was no other way for plaintiff to obtain the funds that the police had confiscated from him.

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California Appellate Tracker

Reichert v. Rapid Invs., Inc., No. 21-35530, 2022 U.S. App. LEXIS 35943 (9th Cir. Dec. 30, 2022)

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