General Discussion
In reply to the discussion: Man who created own credit card sues bank for not sticking to terms. [View all]Chan790
(20,176 posts)There is no law regarding banks (US banks or US laws in specificity) which renders the proffered terms of an unsigned contract valid or enforceable, nor its terms unalterable. He made a counter-proposal that they accepted because they failed to perform due diligence and assumed his returned document was the original proposal with the same terms. As he did not act to conceal his alteration of their terms, he's in the clear.
The inalterability of the original terms is not legally-enforceable by statute but enforceable by negating the pre-approval of the offer by the bank...that went out the window when they issued a card under his terms. He rejected their pre-approved offer. They approved his counter offer by issuing the card. Unlike the offer they sent him, they had no legal obligation to accept the proposal he sent them. They chose to accept his offer.
A US bank would lose this case as clearly as a Russian bank will. What is probably unenforceable is the termination clause however, as onerous (generally considered to be "any"
termination penalties on non-term-limited multi-party contracts for ongoing provision of services are generally not enforceable in US courts. (So said the lawyers of evil mega-corporate bank I worked for.)
Banker. I used to deal with this crap for a living. There's a reason I read fast and accurately. I got used to reading everything before I signed it so that I was not responsible for avoidable losses. You'd be amazed how often these sorts of things happen (when lawyers are involved, such as mortgage signings...constantly) and how often it works. Usually not in such a grand fashion though. Sometimes the counter proposal is even acceptable when caught...we'd rather lose the quarter-point your lawyer shaved in rewriting the terms than lose the sale of a mortgage product.