A unanimous but seemingly conflicted Colorado Court of Appeals reversed a district court order denying a credit union’s motion to dismiss and compel arbitration, concluding that the plaintiff customer had constructive notice that the defendant had updated the terms of its membership to include an arbitration agreement.
The plaintiff, Cecilia Macasero, entered into a finance agreement in 2014 with an automobile dealer who assigned the agreement to Ent Credit Union. In order to complete the assignment, Macasero became an Ent member by opening a savings account, according to the opinion. In 2019, Ent updates the membership agreement’s terms and added an arbitration agreement. Members were notified by either mail or email depending on how they had agreed to receive important notices.
