Your Carson's Credit Card account agreement.
321791006 (06/14)
This Agreement covers the Terms and Conditions of your account
with us. In this document, you will find important information
If we consider your Account in default we may suspend your ability to make
about
using
and
managing
account,
charges, close your Account, require you to pay the full amount you owe im-
your
including
a
Privacy
mediately or take any other action permitte by law. applicable law requires
Statement and information concerning your billing rights. Your
us to do so, we'll tell you in advance and/or give you the opportunity to remedy
use of the account, or failure to close the account within the
your
default
30 days of receiving this document, indicates your acceptance
Reporting lost or stolen card (as applicable)
of the terms of this agreement, including the assessment of any
If you notice the loss or theft of your credit card or possible unauthorized use
interest charges and fees.
of your card, you should write to us immediately at PO Box 182273, Columbus
Section of this Agreement also includes a Jury Trial Waiver and
Ohio 3218-2273 at 1-855-567-7741 (TDD/TTY: 1-800-695-178
an Arbitration Provision in the event of a dispute.
You will not be liable for any unauthorized use that occurs after you notify us. You
may, however, be liable for unauthorized use that occurs before your notice to us.
You have a right to reject this Arbitration Provision.
In any case, your liability will not exceed $50.
If you do not reject this Arbitration Provision, it will be part
C. Learning more about your account
of this Agreement and will:
Credit Plans
o Eliminate your right to a trial by jury; and
Your Account may consist of non- promotional ("Regular Revolving") Credit
o
Substantially affect your rights, including your right to
Plan and one or more promotional Credit Plans. Credit Plans offered and
bring, join in or participate in class proceedings.
their particular features (including but not limited to minimum purchase re-
Please read each section carefully and keep this document for
quirements and minimum payment) may vary occasionally at our discretion
your records.
and include one more Regular Revolving or promotional Credit Plans.
We may offer different promotional Credit Plans from time to time.
In the following sections, you will find information on:
If promotional Credit Plan offered at the time you open your Account,
Financial terms of your account: An at- -glance summary of the fees and charges
this Agreement will include information about the terms for the Plan, by use
associated
with
your
account
of an insert. attachment, or other written information provided as part of this
A. Getting started: the basics of your account
Agreement.
B.
Keeping your account in good standing: avoiding default, and what to do if
Normal late fees, returned payment fees and all other provisions apply to
your card lost stolen, as applicable
any promotional Credit Plan, unless inconsistent with a particular Credit
C.
Learning more about your account credit plans, and credit limits, and how
Plan offering.
payments are calcul lated and applied
If the promotional Credit Plan purchase isn' paid in full before the promo-
D. Interest, fees and charges: when and how fees and costs are applied to your
tional period ends, the balance will be transferred to your Regular Revolving
account
balance.
E. Other important information: legal rights, costs, and how we'll handle
Promotional Credit Plans may include:
changes
to
your
o Waive Interest, Payment Required o Defer Interest. Payment Required
o Waive Interest, Equal Payment
F. Disputes and reporting to consumer reporting agencies: data we provide,
o Defer Interest Low Payment
o Waive Interest Low Payment
receive from, consumer reporting agencies and what to do if you think
o Low APR, Equal Payment
there an error on your periodic statement
Defer Interest Equal Payment
o
Budget Payment
G. Optional products: how to protect your account from fraud or theft. and
Skip-payment option
information services that can help pay your debt case of emergencies
At our discretion we may allow you to skip making the Minimum Payment.
H.
Communicating with us: what happens when you contact us
Interest Charges will be assessed during the skip period, but late
I.
Arbitration and jury trial waiver: how we'll resolve disagreements, including
fee won" be imposed This will not be considered a waiver of any of the
rights
granted
by
this
Agreement
a jury trial waiver and Arbitration provision
All other terms of your Account apply during the skip p-payment period.
Privacy statement: how we collect use, share, and protect your personal informa-
Credit
limit
tion and the privacy choices can make.
Your Credit Limit is the total maximum amount we permit you to owe us at
Financial terms of your account
any
time.
You may not exceed any Credit Limit that set for your Account
Interest Rates and Interest Charges
If you do exceed your Credit Limit, we can still charge you for all transac-
Annual Percentage
24.99%
tions, interest and other charges without giving up any of our rights under
this
Agreement.
Rate (APR) for
This APR will vary with the market based
We may change your Credit Limit at any time.
on the Prime Rate.
Account cancellation
Purchases
You may cancel your Account. You're still obligated to pay the full amount
you owe
Your due date is at least 25 days af ter
We may cancel your Account at any time. for any reason
How to Avoid
the close of each billing cycle. We will
We may refuse to authorize any purchase on your Account. We may also
not charge you interest on purchases if
suspend your Account and your right to use your Card, including each Card
Paying Interest
you
give
to
others.
you pay your entire balance by the due
We may stop offering any Credit Plan at any time, for any reason.
date each month.
Cancellation or suspension of your Account doesn' negate your obligation to
pay
any
amount
Minimum Interest
you
owe
us.
If you are charged interest, the charge
Cancellation of your Account includes each Card you give to others.
Charge
will be no less than $2.00 per credit
Minimum Payment
plan
You can pay all of your Account balance at any time without
For Credit
To learn more about factors to consider
penalty.
Card Tips from
must pay at least the Total Minimum Payment for each billing period by
when applying for or using a credit
the Payment Due Date shown on your Statement.
the Consumer
card, visit the website of the Consumer
The Minimum Payment is the total of the minimum payments for the Regu-
Financial
Financial Protection Bureau at http://
lar Revolving and promotional Credit Plans plus any Past Due amounts
Protection Bureau
www.consumerfinance.gov/learnmore
The Total Minimum Payment won't be less than $25.00 your Account
balance less than $25.00, you must pay the amount indicated on your
Statement full
Fees
The minimum payment for each Credit Plan is calculated as follows:
Annual Fee
None
o
The minimum payments for Regular Revolving Credit Plans, Waive In-
terest. Payment Required and Defer Interest, Payment Required Credit
Penalty Fees
Plans will the greater of:
Late Payment
Up to $35
(a) $5.00;
Returned Payment
Up to $35
(b) 3.5% (rounded up to the nearest $1.00) of the New Balance
shown on your Statement for that Credit Plan.
How We Will Calculate Your Balance: We use a method called
o
The minimum payment for the Waive Interest. Equal Payment and De-
"daily balance. See your Account agreement for more details.
fer Interest, Equal Payment Credit Plans will be the amount the pur-
chase divided by the number of months between the date the pur-
Billing Rights: Information on your rights to dispute transactions
chase and promotiona period end date (minimur $5.00) rounded
and how to exercise those rights is provided in your account
up to the nearest $1.00.
o
The minimum payment for the Low APR, Equal Payment Credit Plan
agreement.
will be the amount of the purchase including the calculated interest
charges that will be assessed from the date of purchase through the
Rate Information The following chart provides details on your rate as of June 1,
end of the promotional period divided by the number of months be-
2014. We divide the APR by 365 to determine the daily periodic rate
tween the date of the purchase and the promotional period end date
$5.00) rounded up to the nearest $1.00
Add Index
APR
Daily Periodic Rate
o
The minimum payment for the Waive Interest Low Payment and Defer
Purchase APR
21.74%
24.99%
Interest Payment Credit Plans will be the greater of:
0.06846%
(a) $5.00
We'll charge you a minimum interest charge of $2.00 per credit plan for any
(b) 1.0% (rounded up to the nearest $1.00) of the New Balance
billing period in which interest is due. For additional information, see Rates in
shown on your Statement for that Credit Plan.
Section
Payment application
Minimum Payment:
We reserve the right to apply payments equal to or less than the Total Mini-
The amount you must pay each billing period ("Total Minimum Payment" is the
mum Payment however we see fit, which may result in balances subject to
total of minimum payments for Regular Revolving and promotional Credit Plan
lower interest rates being paid prior to other balances. This may also result
purchases
plus
any
Past
Due
amounts
The
Total
Minimum
Payment
won't
be
in higher interest charges.
less than $25.00. If your Account balance less than $25.00 you must pay the
Any payment you make in excess of the required Total Minimum Payment
amount indicated on your billing statement "Statement" full. The minimum
will be allocated to your Account as required by applicable law.
payment due for each Regular Revolving Credit Plan will be the greater of:
Excess payments received before deferred interest promotion expires are
(a)
$5.00;
or
applied to the deferred interest promotional balance first in the last two bill-
(b) 3.5% of the New Balance shown on your Statement for that
ing periods of the promotional period.
Credit Plan (rounded up to the nearest $1 1.00).
D. Interest, fees and charges
See Minimum Payment in Section C below for promotional credit plan minimum
Interest charges
payment
calculations
The APR information described below is accurate of June 1, 2014. Due to a
If you make a purchase under a Regular Revolving Credit Plan, interest
change the index, this information may have changed. To find out more, call
charges won't be imposed in any billing period in which (i) no Previous Bal-
us at -855-567-7741 (TDD/TTY: 1-800-695 1788) or write at Comenity
ance exists or (ii) payments received and credits issued by the Payment Due
Bank, PO Box 182273, Columbus, Ohio 43218-2273 or visit our website at
Date, equal or exceed the Previous Balance
comenity.net/carsons
If the New Balance shown on your last Statement isn't paid in full by the
A. Getting Started
Payment Due Date shown on your last Statement, there will be an interest
charge on each purchase from the date purchase
Definitions
If you make purchase under any Waive Interest Credit Plan, won't
In this Agreement, "We. Us" and "Our" mean Comenity Bank. "You" and
charge interest the purchase you pay the total purchase amount be-
"Your" mean each person who submits an application or solicitation for an Ac-
fore the end of the promotional period. you don't pay the total purchase
count with us. "Account" means your credit card account with us. "Card" means
amount before the end of the promotional period, add the remaining
each credit card we issue for your Account as applicable. "Credit Plan" means
amount to your Regular Revolving balance. We'll also begin charging inter-
one or more payment program options Carson's may ask us to offer from time
est on the purchase from the first day after the promotional period ends.
time.
you make purchase under any Defer Interest Promotional Credit Plan
Upholding your Agreement
and don't pay the total amount before the end of the promotional period,
You agree to the terms of this Agreement, and promise to do everything
we' add the remaining purchase amount and the amount of accrued inter-
required of you. If you sign submit an application obtain
est to your Regular Revolving balance.
credit from us, you'l be legally bound by this Agreem You're also legally
If you make a purchase under a Low APR, Equal Payment Credit Plan,
bound if you sign charge slip, or permit someone else to use the credit
interest will be assessed from the date of purchase through the end of the
provided
promotional period.
You agree that the credit extended under your Account will be used only for
How we calculate Interest Charges on your Account
personal, family or household purposes and not for business or commercial
We calculate interest separately for each Credit Plan, us ng "Daily Balance" to
purpose.
determine interest charges for each billing period. Our calculation method is as
if the Account is joint Account. you and the joint Account holder will be
follows:
bound by this Agreement. Each of you will jointly and individually respon-
We start with the beginning balance on your Account each day (including
sible for repaying all mounts due. If more than one person is responsible
unpaid interest charges and fees).
for this Account, we will only provide billing statements and communica-
We subtract any payments credit adjustments (treating any net credit
tions one you.
balance as balance) and new transactions and debit adjustments
Any authorized user of your Account will be bound by the terms of this
posted as of that day. This gives us the "Partial Daily Balance' for the day.
Agreement. One additional Card may issued with the individual name
We then multiply the Partial Daily Balance for the day the Daily Periodic
an authorized user embossed the Card. If you want to revoke the use of
Rate. This gives the "Daily Interest Charge' for the day, which we add to
your Account by authorized user, either write us at the address. or call us
the day's Partial Daily Balance
at the phone number, shown on your Statement.
We've now determined the "Daily Balance, which will be the beginning
You agree to pay for all transactions made on your Account by an authorized
balance for the fol lowing day. This results in daily compounding of interest
user, whether or not such transactions were authorized by you or made for
charges.
your benefit.
At the end of each billing period, we add together each Credit Plan's Daily
Card signature (as applicable)
Interest Charge, which gives the total interest charge
For your own protection please sign your Card before using it. Keep in mind that
Your Statement will show Balance Subject to Interest Rate. which is the
your signature on the Card isn't a prerequisite to your obligation to pay amounts
sum of the Daily Balances for each day in the billing period divided by the
incurred on your Account.
total number of days.
Using your Account
Rates
.
Your Account may be used to make purchases from Carson's and other re-
The Index in effect for each billing period will be the highest "Prime Rate"
tailers we may determine occasionally by notifying you via electronic mail,
of interest as published in the "Money Rates' section of The Wall Street
statement message, website posting, or other method
Journal for the calendar month preceding the month in which the billing pe-
We reserve the right to not honor trar sactions related to. including, but not
riod begi ns, rounded upward necessary to the nearest .001 % ("Index
limited to, gambling, ATM usage at casinos, and illegal activities.
Any variable APR may increase the Index increases.
Making payments
An increase or decrease in the APR will result in corresponding increase
Pay your Account by sending check, money order, or cashier's check pay-
or decrease in the amount of interest and may increase the Total Minimum
able U.S. dollars, to the name and address shown on your Statement
Payment.
recified
for
payments.
Please
don't
send
cash.
Other fees and charges
Be sure to include your payment stub, not staple your payment to the
You agree to pay the following fees and charges
stub. use the envelope provided with your Statement and don't send any
Late Fee: you don't pay at least the Minimum Payment Due by the Pay-
correspondence with your payment
ment Due Date. will charge you late fee.
If your payment doesn't meet these requirements, it may not be credited to
o
The fee you were not charged late fee during any of the
your Account for up to five days or may be rejected
prior SIX billing periods.
All written communications concerning disputed amounts, including any
o
Otherwise the $35.00
check or other payment instrument marked with "payment in full' or similar
o
This fee will never exceed the minimum payment due that was due
language, must be sent to 6550 North Loop 1604 East, Suite 101, San
ediately prior to the date on which the fee assessed
Antonio, Texas 78247-5004.
Returned Payment Fee We may charge you fee for each payment that your
o
We may accept payment sent to any other address without losing any
bank doesn't honor for any reason
of our rights.
o The fee $25.00 if you were not charged returned payment fee dur-
o
No payment shall operate as an accord and satisfaction without our
ing any of the prior six billing periods.
prior written approval
o
Otherwise, the fee is $35.00.
B. Keeping your account in good standing
0
This fee will never exceed the minimum payment due that was due
immediately prior to the date on which the was assessed
Avoiding default
Although we may decide to do so, we aren't required to attempt to collect a
You'll be in default under this Agreement if you:
payment more than once
Fail to make any payment when due
Document Fees we provide you with copy of any Statement sales draft
Violate any provision of this Agreement
or similar document at your request (except in connection with billing error
Pass
away
inquiries or resolution), we may charge the Account the following fee(s),
Become the subject of bankruptcy or insolvency proceedings
subject to any limitations applicable law:
Supply us with misleading, false. incomplete or incorrect information
o
Statement
copy
$6.00
Are unable unwilling to perform the terms of this Agreement
0
Sales/Credit Draft copy $6.00
Fail to supply us with any information deem necessary
Check/Money Order copy $6.00
Default under any other loan or agreement you have with us or any of our
Alternative Payment Method Fee: We may offer alternative payment meth-
affiliates
ods that allow you to make individual. expedited payments to your Account
Become incompetent
over the phone. If you choose to this payment method we may assess
Exceed your Credit Limit
the
current
fee
we
charge
for
this
service.
subject
to
any
limitations
of
ap-
Issue payment returned unpaid by your bank for any reason
plicable law. Currently, that fee up to $15.00 but may change. We'll let
you know the current fee before you authorize any payment(s), and you can
withdraw your request if you don't want to pay the fee.
E. Other important information
For bankruptcy notifications:
Collection costs
All bankruptcy notices and related correspondence to Come
To
the
extent
not
prohibited
by
applicable
law,
you
agree
to
the
reasonable
sent to the following address: Comenity Bank, Bankruptcy
D
pay
costs for collecting amounts due. including reasonable attorney's fees and court
182125, Columbus, Ohio 43218-2125.
costs incurred by us or another person or entity.
Arbitration and jury trial waiver
Changes
A. Jury trial waiver
We may add, change, or delete the terms of your Account If required by app
TO THE EXTENT PERMITTED BY LAW. YOU AND WE WAI
cable law, give you advance written notice of the change(s) and a right to
TRIAL BY JURY IN THE EVENT OF LAWSUIT ARISING ou
reject the change(s).
TO THIS AGREEMENT. THIS JURY TRIAL WAIVER SHALL
Security Interest
ARBITRATION PROVISION BELOW (INCLUDING THE JU
You grant security interest in all goods you purchase through the use of the
CONTAINED THEREIN). YOU AND WE EACH REPRESENT
Account, now or any time the future and in all accessions and proceeds of
IS GIVEN KNOWINGLY, WILLINGLY AND VOLUNTARILY.
such goods We waive any security interest we may have your incipal dwell-
B. Notice and cure
ing, the extent that would otherwise secure any obligation arising hereunder.
Prior to bringing lawsuit or initiating an arbitration that ass
Changes to your information
out of related to this Agreement (as further defined belo
You agree to notify us immediately of any changes to your name, mailing address,
party
asserting
the
Claim
(the
"Claimant"
shall
give
the
othe
electronic mail address or telephone number(s).
dant" written notice of the Claim (a "Claim Notice' and
Governing Law
nity, not less than 30 days, to resolve the Claim. Any Claim
THIS AGREEMENT IS GOVERNED BY DELAWARE AND LICABLE FEDERAL
be sent in writing to the address we have in our records (or
LAW THIS IS THE LAW ARE SPEAKING OF WHEN WE REFER TO A TERM
you
subsequently
provide
us).
Claim
Notice
to
sha
PERMITTED OR REQUIRED BY APPLICABLE LAW.
Comenity Bank, PO Box 182436 Columbus Ohio 43218-24
Transfer of Rights/Assignment
address we subsequently provide). Any Claim Notice you sen
Your rights under this Agreement can't be transferred by you, by operation of law
name, address and Account number. Any Claim Notice mus
or otherwise. but your obligations will be binding upon your estate or
of
the
Claim
and
the
relief
that
demanded.
You
may
only
representatives.
We
may
transfer
or
assign
your
Account
and/or
this
Agreement
tice on behalf and not on behalf any other party
or any of our rights under this Agreement, to another person or entity at any time
than lawyer you have personally retained may submit C
without prior notice to you or your consent.
behalf The Claimant must reasor cooperate provid
No Waiver of Rights
about the Claim that the other party reasonably requests.
We can delay enforcing our rights under this Agreement without losing them.
C. Arbitration provision
Severability
READ THIS ARBITRATION PROVISION CAREFULLY. IF YO
If any provision of this Agreement is in conflict with applicable law, that provision
THIS ARBITRATION PROVISION IN ACCORDANCE WITH PA
will be considered to be modified to conform with applicable law.
LOW, IT WILL BE PART OF THIS AGREEMENT AND WILL
Notice
to
New
Jersey
Residents
TIAL IMPACT ON THE WAY YOU OR WE WILL RESOLVE A
YOU OR WE HAVE AGAINST EACH OTHER NOW OR IN THE
All provisions of this agreement are valid, enforceable and applicable in New
1. Your Right to Reject: If you don't want this Arbitration
Jersey.
prior arbitration agreement between you and ("Prior Arbit
F. Disputes and Reporting to Consumer Reporting Agencies
to apply, you may reject by mailing us written rejection
Credit Reports
the name of each Cardholder and contains statement that
You give us permission to investigate your credit record
more
than
one)
reject
the
Arbitration
Provision
of
this
Agree
You
agree
that
credit
report
may
be
requested
in
connection
with
the
notice must be sent Comenity Bank, PO Box 18242
processing of your credit application. A report may also be requested
43218-2422. rejection notice only effective if i signe
connection
with
credit
extension.
credit
limit
request
Account
renewal
or
if more than one) and we receive it within thirty (30) cale
update
Account
action.
or
dispute
investigation.
Upon
date we first provide you with credit card agreement or writt
you
the
and
address
of
any
insumer
report
agency
that
right to reject this Arbitration Provision. Your rejection
furnished report on you. You consent to the obtaining of such reports by
Provision will not affect any other provision of this Agreeme
signing
otherwis
submitting
an
solicita
obtain credit.
You understand that may report negative rmation (such as, late pay
2. Parties Subject to Arbitration: Solely as used in this Arbitr
ments. missed payments, or other defaults) about your Account to consumer
not
elsewhere
in
this
Agreement)
the
terms
"us'
and
reporting agencies.
menity
Bank,
any
parent,
subsidiary
or
affiliate
of
the
Bank
You give permission to provide information about your Account to con-
officers
and
directors
such
compar
(the
'Bank
Part
sumer reporting agencies and other creditors, as well as to the retailer whose
person
or
company
that
provides
any
services
connection
name appears on your Card.
you
assert
Claim
against
such
other
person
or
company
Credit report disputes
against
any
Bank
Party
If
you
believe
the
Account
information
we
reported
to
consumer
reporting
agen-
3.
Covered
Claims:
any
claim.
dispute
or
cv inaccurate, you may submit direct dispute to Comenity Bank, PO Box
you
that
any
way
arises
from
relates
to
this
Agree
182789 Columbus, Ohio 43218-2789.
the
issuance
of
any
Card.
any
rewards
program,
any
prior
agr
Your written dispute must provide sufficient information to identify the Account
includes disputes arising from actions or
and specify why the information is inaccurate:
any Card was issued to you, including the advertising related
Account Information: Your name and Account number
or approval of the Account. "Claim' has the broadest pos
Contact Information: address and telephone number
includes
initial
claims,
counterclaims,
and
th
Disputed Information Identify the Account information disputed and
ex-
includes disputes based upon contract tort, consumer righ
plain
why
you
believe
inaccurate
intentional
torts,
constitution
statute,
regulation
Supporting Documentation: If available, provide copy of the section of
the
equity (including any claim for injunctive declaratory relief
credit
report
showing
the
Account
information
you
are
disputing
include
disputes
about
the
validity,
enforceability
coverage
We will investigate the disputed information and report the results to you within
tration Provision or any part thereof (including, without limitat
30
days
of
receipt
of
the
information
needed
for
our
investigation
If
we
find
that
against proceedings, private attorney general proceedi
the Accoun we reported is inaccurate. will promptly provide the
party proceedings Paragraph C.7 (the "Class
essary correction to each consumer reporting agency to which we reported
last
sentence
of
Paragraph
C.13
and/or
this
sentence).
the
information
a court and not arbitrator to decide However, any disput
Your Billing Rights: Keep This Document For Future Use
concerns the validity or enforceability of the Agreement as
arbitrator.
not
court,
decide
This notice tells you about your rights and our responsibilities under the Fair
Credit Billing
4. Starting an Arbitration: Arbitration may be elected by any
What
To
Do
If
You
Find
A
Mistake
On
Your
Statement
to any Claim, even that party has already initiated lawsu
different
Claim.
Arbitration
started
by
written
If there an error on statement, write to us at: Comenity Bank, PO
giving
der
Box 182782 Columbus, Ohio 43218-2782
to
the
other
party.
We
will
not
demand
to
arbitrate
an
indivio
against
us
small
claims
court
or
your
state's
equivale
In your letter, give the following information:
if
that
Claim
is
transferred.
removed
Account information: Your name and account number.
or
appealed
to
differ
have
Dollar amount: The dollar amount of the suspected error.
the
right
to
demand
arbitration.
Description
of
problem:
you
think
there
an
error
on
your
bill,
describe
5. Choosing the Administrator: "Administrator" means the A
what you believe wrong and why you believe it is mistake.
Association "AAA"), 1633 Broadway, 10th Floor New York
contact
adr.org;
JAMS,
620
Eighth
Avenue,
34th
Floor,
New
York
You
must
us
other
Within 60 days after the error appeared on your statement
any
company
by
mutual
agr
ties.
both
AAA
At
least
business
days
before
automated
scheduled,
and
JAMS
cannot
or
will
not
serve
payment
is
if
and
the
you
to
an
want to stop payment on the amount you think is wrong
by
mutual
consent.
the
The
appointed
Administ
potential
call
by
court.
arbitrator
will
be
by
the
You
must
notify
us
of
any
errors
in
writing.
You
may
us.
but
if
you
do not required to investigate any potential errors and you may have to pay
with the rules of the Administrator. However, the arbitrator in
amount
question
former
judge
or
lawyer
with
at
least
10
the
years
of
experience.
Administrator if you give written notice your selection
w
What Will Happen After We Receive Your Letter
When
do
you
are
electing
to
arbitrate
any
Claim
or
within
20
days
after
receive
your
letter,
must
two
things
1
Within
30
days
of
receiving
your
letter.
must
tel
you
that
we
received
that we are electing arbitrate Claim (or, if you dispute
your
if
arbitration
of
the
Claim,
within
20
letter.
tell
days
after
that
We
will
also
the
dispute
you
we
have
already
corrected
error.
2.
Within
90
days
of
receiving
your
letter,
we
must
either
the
If you do not select the Administrator on time, we do
correct
error
or
why
the
any
language
this
Arbitration
Provision
to
explain
we
believe
bill
the
contrary,
correct
While
investigate
whether
or
not
there
has
been
administered without the consent of all parties to the arbitrat
an
error:
We cannot try to collect the amount in question, or report you as delinquent
istrator that has place formal or informal policy that is in
Class
Action
Waiver
that
6. Court and Jury Trials Prohibited: Other Limitations on Le
The charge question remain on your statement, and we may continue
OR WE ELECT TO ARBITRATE A CLAIM. YOU WILL NOT HA
to
charge
you
interest
on
that
amount.
PURSUE THAT CLAIM COURT OR HAVE JURY DECIDE
While do not have to pay the amount in question, you are responsible for
YOUR ABILITY TO OBTAIN INFORMATION FROM US IS MO
the
remainder
of
balance
ARBITRATION THAN IN A LAWSUIT. OTHER RIGHTS THAT
apply any unpaid amount against your credit limit.
After
we
finish
our
investigation
one
of
two
things
will
happen
IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN
7.
Prohibition
Against
Certain
Proceedings:
IF
YOU
OR
WE
If we made mistake: will not have to pay the amount in question or any
TRATE A CLAIM: (1) NEITHER YOU NOR WE MAY PARTIC
interest
other
fees
related
to
that
amount
ACTION IN COURT OR IN CLASS-WIDE ARBITRATION EI
If do not believe there was mistakes will have to pay the amount
in
question
along
with
applicable
interest
and
fees
We
will
send
TIFF, DEFENDANT OR CLASS MEMBER (2) NEITHER YOU
you
state-
ment of the amount you owe and the date payment due. We may then
AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN
report
you
as
delinquent
you
do
not
amount
CLAIMS BROUGHT BY OR AGAINST YOU MAY NOT BE JOII
pay
the
we
think
you
owe
DATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTH
If you receive our explanation but still believe your bill wrong, you must write
(4) THE ARBITRATOR SHALL HAVE NO POWER OR AUTHOR
within
10
days
telling
us
that
you
still
refuse
to
pay
you
cannot
A CLASS-WIDE ARBITRATION. PRIVATE ATTORNEY GENER
report you delinquent without also reporting that you questioning your bill
OR MULTIPLE-PARTY ARBITRATION
We
must
tell
you
the
name
of
anyone
to
whom
we
reported
you
as
delinquent.
must let those organizations know when the matter has been settled
8. Location and Costs of Arbitration: Any arbitration
heari
must
location
to
between
take
place
at
you.
If follow all of the rules above, you do not have to pay the first $50 of
all fees of the inistrator and/or the arbitrator if applical
the
question
even
your
bill
is
correct
to,
you
prevail
in
the
arbitration
or
if
we
must
bear
such
Your Rights If You Are Dissatisfied With Your Credit Card Purchases
Arbitration Provision to be enforced. If you demand arbit
If
the
that
your
reasonable
with
attorneys
and
experts
fees
with
prevail
you
are
dissatisfied
goods
services
you
have
purchased
your credit card, and tried in good faith to correct the problem with the
fees in order for this Arbitration Provision to be enforced Als
fees
if
applicable
merchant, you may have the right not to pay the remaining amount due on the
law
requires
us
to.
9. Governing Law: This Arbitration Provision involves interst
purchase.
is
To use this right, all of the following must be true:
governed
by
the
Federal
Arbitration
Act,
9
U.S.C.
§§
1.
The
purchase
must
made
your
home
state
within
100
miles
not by any state arbitration law. The arbitrator must apply app
or
law
consistent
with
the
FAA
and
of current mailing address. and the purchase price must
applicable
statutes
of
limita
than
$50.
(Note:
Neither
these
are
necessary
your
purch
was
based
on
privilege recognized at law. The arbitrator may award any reme
an advertisement we mailed to you, or if we own the company that sold you the
substantive law that would apply the action were pending
without limitation. punitive damages, which shall be governe
goods services.)
You must have used your credit card for the purchase. Purchases made with
tional standards employed by the courts). At the timely requ
arbitrator must provide brief written explanation the
cash advances from an ATM or with a check that accesses your credit card ac-
10.
Right
to
Discovery:
In
addition
to
the
parties'
rights
count
do
not
qualify.
3. must not yet have fully paid for the purchase
pursuant to the arbitration rules of the Administrator. either
If all of the criteria above are met and you are still dissatisfied with the purchase,
a written request to the arbitrator to expand the scope of dis
lowable under the arb tration rules of the Administrator The
contact us writing at:
Comenity Bank
to grant or deny that request
PO Box 182782 Columbus, Ohio 43218-2782
11. Arbitration Result and Right of Appeal: Judgment up
award
may
be
entered
by
any
court
having
jurisdiction.
The
While we investigate the same rules apply to the disputed amount as discussed
is
and
right
appeal
provided
by
above
After
we
finish
our
investigation
we
will
tell
you
decision
At
that
final
binding,
except
for
any
our
the
amount
the
Claim
$50
000
involves
point, we think you owe an amount and you do not pay, we may report you as
or
declaratory
that
could
eeably
involve
cost
be
delinquent.
exceeding
$50
,000,
any
party
can,
within
30
days
after
the
G. Optional products
by
the
arbitrator,
appeal
the
award
to
three
panel
Credit insurance (as applicable)
Administrator. The panel shall anew any aspect
Purchasing credit insurance ptional If you do choose to carry credit insurance
requested by the appealing party. The decision of the panel
coverage, the premium charge wil be added to your Account as purchase on
vote. eference in this Arbitration Provision to "the arbitrat
the
last
day
of
each
billing
period.
You
can
cancel
your
coverage
at
any
time.
panel
an
appeal
of
the
arbitrator's
decision
has
been
taken
Account Assure Debt cancellation (as applicable)
appeal will be borne in accordance with Paragraph .8 at
Purchasing Account Assure optional.
12. Rules of Interpretation: This Arbitration Provision
Your
decision
whether
or
not
to
purchase
Account
Assure
won't
affect
your
of all amounts owed under this Agreement, the closing
application
for
credit
or
the
terms
of
any
existing
credit
agreement
have
legal
proceeding
and
any
bankruptcy
to
the
extent
consist
you
with
bankruptcy law In the event of conflict or inconsistency be
The
monthly
fee
for
Account
Assure
is
based
on
the
outstanding
monthly
tion
Provision
on
the
one
hand.
and
the
applicable
arbitration
balance on you Account each month and will be added to your Statement.
provisions of this Agreement, on the other hand, this Arbitra
We'll
provide
additional
information
before
This
Prior
you'
re
required
to
pay
for
Ac-
govern
Arbitration
Provision
replaces
any
Arbitrati
count Assure. This will include copy of the terms and conditions pertain-
13. Severability: any portion of this Arbitration Provision,
ing
to
Account
Assure
Action
Waiver,
deemed
invalid
or
unenforceable,
the
remai
You cancel your Account Assure at any time.
nevertheless remain force. determination is made tha
There eligibility and exclusions that could pre-
Waiver unenforceable. only this sentence of the
vent
you
from
receiving
benefits
under
Account
Assure.
force and the remaining provisions shall be null and
Be sure to carefully read the Addendum for full explanation of the terms
the determination concerning the Class Action Waiver shall be
of
Account
Assure.
14. Special Payment: (1) you submit Claim Notice
H. Communicating with us
Paragraph B above on your own behalf (and behalf o
(2) we refuse to provide you with the relief you request; an
Communicating to you about your Account
subsequently
determines
that
you
were
entitled
to
such
relief
If we need to contact you to service your Account or to collect amounts you owe
the arbitrator shall award you at least $5,100 (plus any fees
to
give
direct
consent
to
us.
as
well
as
servicers
agents,
and
you are entitled)
collectors your Account, to communicate with you in any way, such as calling,
texting,
comenity
Comenity Bank, Wilmington, DE
1)
cell,
landline.
or
text
number
you
provide
use
to
contact
us,
or
at
which
believe can reach you (even not yours).
32
2)
any
electronic
mail
address
you
provide
to
us
one
of
our
merchants,
3)
automated dialer systems and automatic telephone dialing systems.
4)
pre-recorded or artificial voice messages and other forms of communica-
tions.
You also agree that these communications aren't unsolicited for purposes of any
state or federal law, and you understand that this may result in additional mobile,
text message, or data charges.
Phone monitoring
To provide you with high- quality service, phone communication with us is
monitored
and/or
recorded.
You agree that we monitor and/or record any phone calls between you and
us.
Please inform all authorized cardholders of this provision, including anyone
acting on your behalf or making payments on this Account.
For Wisconsin residents:
If you are married please contact us immediately upon receipt of this Agreement
at
1-855-567-7741
(TDD/TT)
1-800-695-1
788)
and
provide
us
with
the
name
and address of your spouse. We are required to inform your spouse that we have
opened credit account for you.
Pricing Addendum
Interest Rates and Interest Charges
Annual Percentage Rate
Prime rate plus 21.74%.
(APR) for Purchases
This APR will vary with the market based on the Prime Rate.
How to Avoid Paying
Your due date is at least 25 days after the close of each billing cycle. We will not
Interest
charge you interest on purchases if you pay your entire balance by the due date each
month.
Minimum Interest Charge
If you are charged interest, the charge will be no less than $2.00 per credit plan.
Fees
Annual Fee
None
Penalty Fees
Late Payment
Up to $35
Returned Payment
Up to $35
Balance Computation
We use a method called "daily balance (including new purchases)." "
Method