Unifund CCR, L.L.C. v. Johnson
2014 Ohio 4376
Ohio Ct. App.2014Background
- Unifund CCR, L.L.C. filed a 2013 claim in East Cleveland Municipal Court alleging Johnson owed $7,965.29 on a Citibank account.
- Johnson answered and moved to dismiss, arguing lack of a written contract and lack of attached assignment.
- The magistrate granted judgment for Unifund after a trial and Johnson did not timely object.
- The trial court adopted the magistrate’s decision, granting Unifund judgment for $7,965.29.
- Johnson appealed challenging breach-of-contract theory and FDCPA arguments on appeal.
- The appellate court affirmed, holding sufficient evidence supported the debt and that the FDCPA issue was not preserved for review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was a valid written contract for breach | Johnson says no written contract was shown | Unifund contends credit card use creates a contractual relationship | Judgment supported; contract not required in writing for credit card disputes |
| Whether FDCPA issues were properly preserved | Johnson argues FDCPA violation by Unifund | Unifund argues FDCPA issue not raised below | Issue forfeited on appeal; not reviewable |
Key Cases Cited
- Cavalry SPV I, L.L.C. v. Krantz, 2012-Ohio-2202 (8th Dist. Cuyahoga No. 97422 (2012)) (credit card use forms contract via cardholder agreement)
- Citibank v. Ebbing, 2013-Ohio-4761 (12th Dist. Butler No. CA2012-12-252 (2013)) (credit card relationships construed as unilateral offers formed by use)
- In re Ward, 857 F.2d 1082 (6th Cir. 1988) (federal authority on contract formation in credit relationships)
- Hinsch v. Root Learning, Inc., 2013-Ohio-3371 (6th Dist. Lucas No. L-12-1192 (2013)) (essential elements of a contract include offer, acceptance, consideration)
- The Four Howards, Ltd. v. J & F Wenz Road Invest., L.L.C., 179 Ohio App.3d 399 (2008-Ohio-6174) (appellate deference to trial court findings of fact)