Eva Cornell v. Desert Financial Credit Union

Summary

The court held that a business may modify the standardized terms governing an ongoing, at-will consumer relationship without obtaining an affirmative response from the consumer. Effective modification requires express authority in the initial terms, reasonable notice of the proposed change and an opportunity to opt out without penalty, and continued use of the relationship after a reasonable opt-out period. The court answered the first certified question affirmatively and declined to answer the second as moot.