Kortum-Managhan v. Herbergers NBGL

Santana Kortum-Managhan (plaintiff) opened a credit account with Herbergers (defendant); her application didn't include the agreement's terms, but she later received the card along with an agreement letting Herbergers unilaterally change the terms at any time, with her continued card use signifying acceptance of any changes. Months later, a "bill stuffer" tucked into her monthly statement added several new terms, including a mandatory arbitration clause. Kortum-Managhan sued Herbergers in state court for violations of the Fair Debt Collection Practices Act, including falsely reporting to credit bureaus that she had several accounts instead of one. Herbergers moved to dismiss and compel arbitration under the bill-stuffer clause; the trial court granted the motion, and Kortum-Managhan appealed.