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UNIFUND, CCR, LLC v. ELYSE

No. 73510-1-I.

382 P.3d 1090 (2016)

195 Wash.App. 110

UNIFUND, CCR, LLC, Respondent, v. Amy ELYSE, Petitioner.

Court of Appeals of Washington, Division 1.

FILED: July 18, 2016.

Attorney(s) appearing for the Case

Guy William Beckett , Berry & Beckett, PLLP, 1708 Bellevue Avenue, Seattle, WA, 98122-2017, Counsel for Petitioner.

Malisa Lenora Gurule , Suttell & Hammer PS, P.O. Box C-90006, Bellevue, WA, 98009, Bradley L. Fisher , Davis Wright Tremaine LLP, 1201 3rd Avenue Suite 2200, Seattle, WA, 98101-3045, Counsel for Respondent.

Sheila M. O'Sullivan , Northwest Consumer Law Center, 520 E. Denny Way, Seattle, WA, 98122-2138, Roblin John Williamson , Williamson & Williams, 2239 W. Viewmont Way W, Seattle, WA, 98199-3951, Amicus Curiae on behalf of Northwest Consumer Law Center.

John Matthew Geyman , Columbia Legal Services, 101 Yesler Way Suite 300, Seattle, WA, 98104-2528, Amicus Curiae on behalf of Columbia Legal Services.

Julia Cresswell Kellison , Northwest Justice Project, 401 2nd Avenue S. Suite 407, Seattle, WA, 98104-3811, Scott Kinkley , Northwest Justice Project, 1702 W Broadway Avenue, Spokane, WA, 99201-1818, Amicus Curiae on behalf of the Northwest Justice Project.

¶ 1 A debt collector seeking to enforce a written credit card agreement must prove the debtor's assent to the material terms of the agreement. The only cardholder agreement Unifund proffered in its action against Amy Elyse was a cardholder agreement issued in 2010. Unifund relies on use of the card in 2008 and a payment in 2009...

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