Tonia Land v. IU Credit Union

Summary

The Indiana Supreme Court denied IU Credit Union's rehearing arguments and affirmed its prior decision that Land's silence and continued account use did not assent to the proposed arbitration amendment. The court held that the authorities IUCU cited did not support its position because IUCU had treated the existing agreements as bilateral and had disclaimed reliance on unilateral modification clauses. The court also held that IUCU could not recast its previously rejected theory as an alternative argument on rehearing, while leaving open whether a different rule might apply to unilateral consumer contracts in a future case.