In Winchek v. Am. Express Travel Related Svcs. Co., 232 S.W.3d 197 (Tex. App.--Houston 1st Dist. 2007, no pet.), the First Court of Appeals held that the creditor had met its burden to establish a contract. Id. at 204. In that case, the creditor admitted into evidence both a copy of the creditor's "Personal Card Member Agreement"and an affidavit from the creditor's Manager of Credit Operations stating, "at all relevant times, Winchek was the holder of an American Express Personal Card ("The Personal Card") that enabled her to charge items to an American Express Card Account" and that "by accepting and using the Personal Card, Winchek agreed to all of the terms and conditions set forth in the Personal Card Member Agreement." Id. at 202-203. Because the "Personal Card Member Agreement" expressly stated that retention or use of the card demonstrated the cardholder's agreement to the terms of the "Personal Card Member Agreement," the Court found that the cardholder's demonstrated use of the card "manifested her intent that the contract become effective." Id. at 204. The First Court of Appeals found the creditor met his burden to establish the existence of a contract. Id. at 204. In that case, the creditor admitted into evidence a copy of the creditor's "Personal Card Member Agreement", billing statements, and an affidavit from the creditor's Manager of Credit Operations. Id. at 203-04. The "Personal Card Member Agreement" expressly stated that retention or use of the card demonstrated the cardholder's agreement to the terms of the "Personal Card Member Agreement". Id. at 203. The First Court held that the cardholder's demonstrated use of the card manifested her intent that the contract become effective. Id. at 204. In that case, the agreement entered into evidence reflected the late fees, minimum payments under a deferred billing feature, and the method for calculating finance charges. Winchek, 232 S.W.3d at 203. The plaintiff argued that the interest rates and finance charges were "fatally indefinite." The Court considered various data reflected in the credit card statements on the defendant's account and found the evidence sufficient to conclude that "the Agreement was sufficiently definite to enable a court to determine the rights and responsibilities of each party and that the debtor's conduct in using the card and making payments on the account for the purchases and charges reflected on her monthly billing statements shows that she understood her obligations to Amex and that a contract was formed." Id.