FIFTH THIRD BANK CARD AGREEMENT for World Elite MasterCard® Credit Card
WRLDTERM 653412
August 18, 2010
This Agreement governs the terms and conditions of your Account. You should retain
International Transaction Fee: A fee imposed for each Transaction outside of the U.S.
and carefully review this entire Agreement. You and we agree as follows:
or in a foreign currency.
MasterCard: MasterCard International.
We give this Agreement to our customers when they are approved for an Account, or when they
Minimum Amount Due: The minimum amount you must pay by the Payment Due Date
request it. By opening an Account and making Transactions, you agree to use this Account only
shown on the front of your Account Statement.
for personal, family or household purposes and to comply with this entire Agreement. Unless
Monthly Periodic Rate: The periodic rate that applies to certain Transactions calculated
otherwise specified, the words you, your and yours mean anyone who applied to US for
on a monthly basis.
an Account and whose application we have approved, and who uses the Account with your
permission. The words we, our, US and Fifth Third mean Fifth Third Bank and its
New Balance: The new balance on your Account shown on the front of your
successors and assigns.
Account Statement.
Non-Revolving Credit Line: The amount of your credit line over your Revolving
Credit Line.
DEFINITIONS
Payment Address: The remittance address indicated on the front of your
AAA: The American Arbitration Association.
Account Statement.
AAA Rules: The AAA Rules and Procedures.
Payment Due Date: The date shown on the front of your Account Statement by which
Account: Unless the context provides otherwise, your credit card account that
we must receive payment for the Billing Cycle.
you can access with your Card.
PIN: Personal identification number.
Account Statement: The periodic statement we mail to you in connection
POS: Point of sale.
with your Account.
Purchase: A purchase or lease of goods or services made with your Card or your Account.
Agreement: This Fifth Third Bank Card Agreement for World Elite MasterCard Credit Card.
Ready Reserve: An optional feature of your Account whereby you may link a checking
Applicable Law: At any time, any applicable (a) federal, state or local statutes, regulations,
account to your Account to cover overdrafts on the checking account.
licensing requirements, regulatory bulletins or guidance, regulatory examinations,
agreements or orders, (b) rule, regulation, restriction, requirement or contractual term
Revolving Credit Line: The amount of your Account balance that you are permitted
of MasterCard or other card network, and (c) judicial or administrative interpretations
to pay over time.
of any of the foregoing.
Total Amount of Extended Credit: Your Revolving Credit Line and your Non-Revolving
APR: Annual percentage rate.
Credit Line.
ATM: Automated teller machine.
Transaction: A Purchase or a Cash Advance.
Bank Account: If you use your Card as an ATM card, your savings or checking account
U.S.: United States.
that you maintain with US primarily for personal, household or family purposes and designate
Visa: Visa International.
for use with your Card.
WSJ Prime Rate: The highest prime rate published in the "Money Rates" section of the
Billing Cycle: Time periods we use to manage your Account; each Billing Cycle
online version of The Wall Street Journal.
is approximately one month long.
Business Day: Monday through Friday, excluding holidays.
HOW TO USE YOUR CARD AND ACCESS YOUR ACCOUNT
Card: Unless the context provides otherwise, each World Elite MasterCard credit card that
1. Card Transactions, Purchases and Cash Advances.
we issue on your Account.
You may use your Account and your Card to make a Purchase or obtain a Cash
Cash Advance: A transaction in which you (a) use your Card to get cash from an ATM;
Advance by presenting your Card or your Account number to participating merchants
(b) present your Card to any bank or other person that accepts the Card to get cash
and establishments where the Card is honored. We will also treat as a Cash Advance any
or cash-like equivalents (for example, money orders, traveler's checks or other payment
transaction using Ready Reserve.
instruments) from your Account; (c) use a Convenience Check or access Ready Reserve,
or (d) use your Card or your Account number to make a person-to-person transfer
conducted through the Internet or otherwise.
You may also use your Card to transfer balances from other creditors, to make other
Claim: Any claim, dispute or controversy between you and US arising from or relating
transactions by means of balance transfer coupons or checks, or for any other transactions
to this Agreement, any prior agreement that you may have had with US or the relationships
that we encourage you to make through an introductory or promotional offer, in accordance
resulting from the Agreement or any prior agreement, including the validity, enforceability
with the additional terms and conditions that we may offer from time to time. Unless we tell
or scope of this provision, the Agreement or any prior agreement. Claim includes claims
you otherwise, we will also treat any such balance transfer or other transaction as a Purchase.
of every kind and nature, including but not limited to initial claims, counterclaims,
cross-claims and third-party claims and claims based upon contract, tort, fraud and
You agree that any debt incurred using your Account or your Card is valid, regardless
other intentional torts, statute, common law and equity. The term Claim is to be given
of the purpose of the Transaction.
the broadest possible meaning and includes, by way of example and without limitation,
any claim, dispute or controversy that arises from or relates to (a) the Account created
by the Agreement or any prior agreement or any balances on the Account,
Purchases from a merchant that are directly convertible to cash (sometimes called "quasi-cash"
(b) advertisements, promotions or oral or written statements related to the Account
transactions), such as purchases of casino gaming chips, money orders, wire transfer services,
or the terms of financing, and (c) your use of the Account.
travelers cheques or foreign currency, may not be permitted with your Card. You may not use
your Card or your Account for any illegal transaction or any gambling transaction. We reserve
Convenience Check: A check that may be used to access your Account.
the right to decline any such transaction without notice.
Credit Insurance/Debt Protection Plan: An optional credit insurance and/or debt
protection product that may be made available to you for purchase.
Unless prohibited by Applicable Law, we may, from time to time, limit the type, number
Current Billing Cycle: A Billing Cycle that just ended.
and dollar amounts of any Transactions, even if you have sufficient available credit. We may
EFT: Electronic funds transfer.
also terminate or suspend your use of your Account and Card and access to your Account
FAA: Federal Arbitration Act.
without notice unless prohibited by Applicable Law.
Foreign Transaction: A Transaction that occurs or is submitted to US from outside the
United States or in a foreign currency.
1
2. Credit Limit.
business "Debit MasterCard BusinessCard", "MasterCard BusinessCard" "Debit MasterCard
Your Card allows you to pay your Account balance in full each month or pay a portion
Professional Card" and "MasterCard Professional Card"; outside the U.S. region; or if a PIN
of your Account balance over time. There is no preset spending limit on your Account. No
is used as the cardholder verification method for the unauthorized transaction(s). Cardholder
preset spending limit does not mean unlimited spending. Your Revolving Credit Line will be
must meet these three conditions: 1. The cardholder must have exercised reasonable care in
disclosed in the document that accompanies your Card and on your Account Statements.
safeguarding his or her card from risk of loss or theft; 2. The cardholder must not have reported
two or more incidents of unauthorized use within the preceding 12 months; 3. The account
must be in good standing. Visit MasterCard's Zero Liability link at www.mastercard.com.
We will not disclose your Non-Revolving Credit Line; rather, we will evaluate each charge
that causes your Account balance to exceed your Revolving Credit Line based on a variety
of factors, including your Account spending and history, your experience with US and other
6. Third-Party Claims or Defenses. We are not responsible if a third party refuses
creditors and information we obtain from credit bureaus. Subject to Applicable Law, we may
to accept or honor your Card or Account, even if you have sufficient available credit. Except
refuse to authorize or accept any Transaction on your Account or Card at any time as described
as required by Applicable Law, we will not be responsible for any claim or defense you may
in this Agreement. We may also from time to time and in our sole discretion change your
have against any third party that arises out of or in connection with any Transaction with your
Revolving Credit Line, reduce your Revolving Credit Line to $0 and close your Account; limit
Account or Card or any services or goods or other property purchased or leased using your
the number or amount of Transactions on your Account based on an evaluation of various
Account or Card.
factors; or refuse or limit your access to your Non-Revolving Credit Line. We will promptly
notify you in the event we decide to reduce your Revolving Credit Line.
PAYING YOUR BILLS
7. Periodic Account Statements. Except as otherwise stated in this Agreement, we will
Your Account Statement may also show that only a portion of your Revolving Credit Line
send you an Account Statement. Unless you make other arrangements with US, your Account
may be used for Cash Advances. Cash Advances, including Convenience Checks and Ready
Statement will be mailed to you by regular mail to your address as it appears on our records.
Reserve transactions, are charged against the cash portion of your Revolving Credit Line.
Unless we inform you otherwise, your Cash Advance credit limit will be up to 50% of your
Revolving Credit Line.
We will send your Account Statement for each Billing Cycle at the end of which your Account
has a debit or credit balance in excess of $1.00 or on which a finance charge has been
imposed. Generally, you will receive 12 Account Statements each year your Account is open.
3. Convenience Checks. We may issue Convenience Checks to you, which may be used
We will not send your Account Statement if (a) we deem your Account uncollectible,
to access your Account. We will treat any Convenience Check issued to you that we pay as
(b) delinquency collection proceedings have been instituted, or (c) for any other reason
a Cash Advance (except for a Convenience Check issued to you as part of a promotional offer
permitted by Applicable Law.
which, unless we tell you otherwise, will be treated as a Purchase), and we will deduct
8. Payments. Your payment is due on or before the Payment Due Date shown on your
the amount of the Convenience Check from your Cash Advance credit limit. Each Convenience
Account Statement. You must pay at least the Minimum Amount Due shown on your Account
Check must be denominated in U.S. dollars and completed and signed by you in the same
Statement on a monthly basis, which will be the greatest of (a) 2% of the New Balance,
manner as a personal check. If we provide you with Convenience Checks for your Account,
(b) 0.5% of the New Balance plus total billed finance charges and any fees, or (c) $25.00.
you may not use them to pay any amount you owe on your Account. You may not request,
Any New Balance less than $25 is payable in full. The Minimum Amount Due shown on your
and we will not honor, a stop payment on any Convenience Check. We reserve the right to
Account Statement will also include any amount past due and any amount by which your
return any Convenience Check unpaid if (a) the amount of the Convenience Check exceeds
Account exceeds its credit limit. You agree to make all payments by check or other negotiable
your Cash Advance credit limit; (b) your Account is not in good standing or you are otherwise
instrument drawn on a U.S. branch of a financial institution located in the U.S. or by money
in default of this Agreement; (c) your Card or Convenience Checks have been reported lost or
order. Payments must be denominated in U.S. dollars.
stolen or your Account may have been subject to unauthorized use; (d) you use a Convenience
Check to pay any amount you owe on your Account; or (e) for any other reason. We will not
be liable if we choose to return any Convenience Check unpaid.
All payments submitted by mail, except disputed payments, must be mailed or delivered to
US at the Payment Address. Any payments received after 5:00 p.m. Eastern Time on any
Business Day will be credited on the next Business Day. Credit to your Account may be delayed
LOST CARDS, UNAUTHORIZED USE OF ACCOUNT OR CARD AND OTHER
for up to 5 days if the payment is (a) not received at the Payment Address, (b) not made in
CONCERNS
U.S. dollars drawn on a U.S. branch of a financial institution located in the U.S. or by money
4. Unauthorized Use of Your Account or Card. If you notice the loss or theft of your
order, or (c) not accompanied by the top portion of your Account Statement. Delayed crediting
Card or a possible unauthorized use of your Card or Account, you should write to US immediately
may cause you to incur additional fees and finance charges. (You understand that payments
at: Fifth Third Bank, MD 1MOC2G, 38 Fountain Square Plaza, Cincinnati, Ohio 45263 or call
submitted by mail may not be made, and may not be deemed received by US, at any location
US at: 1-800-782-0279. We may still require you to provide notice in writing.
other than the Payment Address.) All credits for payments to your Account are subject to final
payment by the institution on which the item of payment was drawn.
YOU SHOULD NEVER WRITE YOUR PIN ON YOUR CARD OR KEEP ANY WRITTEN RECORD
OF YOUR PIN ON ANY MATERIAL THAT IS KEPT WITH YOUR CARD. If there is any loss, theft
Although we may post payments as of the date we receive them, your Revolving Credit
or possible unauthorized use of your Account or Card, we may require you to provide US
Line may not be restored for up to 7 days after we receive your payment. If the Minimum
information in writing or other assistance to help US find out what happened. We may also
Amount Due is to be automatically deducted from your checking or savings account with US, you
require you to comply with certain procedures in connection with our investigation. Unless
agree to have on deposit in that account on the Payment Due Date available funds equal
prohibited by Applicable Law, we will deem any such use as having been authorized by you,
to the Minimum Amount Due.
and you will be liable for the amount of any Transactions plus finance charges and fees and
other charges incurred with any such use, if you fail to provide US with any such information
or assistance or to comply with such procedures. Unauthorized Card or Account use does not
Payments on your Account that exceed the Minimum Amount Due will be allocated first
include use of your Card or your Account by any person you have authorized to use your
to the Account balance with the highest APR, and then to each consecutive Account balance
Card or Account.
bearing the next highest APR, at the time payment is posted to your Account. Payments
on your Account that do not exceed the Minimum Amount Due will be applied in the following
order: finance charges, fees, any applicable installment balance minimum amount due that
5. Limitation of Your Liability. You will not be liable for any unauthorized use that
is calculated separately from the Minimum Amount Due, the Account balance with the lowest
occurs after you notify US. You may, however, be liable for unauthorized use that occurs before
APR, then to each consecutive Account balance bearing the next lowest APR at the time
your notice to US. In any case, your liability will not exceed $50. You will have no liability
payment is posted to your Account.
for unauthorized use of your Card for transactions if (a) you have exercised reasonable care
in safeguarding the Card from risk of loss or theft; (b) you have not reported two or more
incidents of unauthorized use to US in the preceding 12 months; and (c) your Account is in good
We may, in our sole discretion, offer you the ability to make your payments on an expedited
standing. This section does not apply when a PIN is used as your identification method.
basis. When you authorize US to process an expedited payment to your Account, we may
charge you a fee. The amount of the fee will be disclosed to you at the time of the payment.
We are not responsible if your financial institution dishonors an expedited payment for any
Zero liability does not apply to MasterCard-branded cards issued to an entity other than a
reason, and we will retain the fee in those circumstances.
natural person; primarily for business, commercial or agricultural purposes, except small
2
9. Prepayment. You may pay without penalty any portion of the entire New Balance
(e) Penalty APR for Other Default. Subject to Applicable Law, we reserve the right to increase
or more than your Minimum Amount Due before the Payment Due Date. You understand that
the APR to 24.99% (corresponding Monthly Periodic Rate of 2.0825%) on all new
by making a prepayment, the total amount you owe US will be reduced but that you must pay
Transactions on your Account that occur more than 14 days after we send you notice of the
the Minimum Payment Due in successive Billing Cycles as reflected in your Account Statement.
increased APR each time (i) we receive a Minimum Amount Due after its Payment Due Date but
before 60 days after its Payment Due Date; or (ii) (A) a check, similar instrument or electronic
DETERMINATION OF FINANCE CHARGES
payment order that you have used for payment on your Account has been returned to US unpaid
for any reason, (B) we must return a check or other instrument because it is not signed
10. Monthly Periodic Rate. We determine the Monthly Periodic Rate by dividing
or is otherwise incomplete, or (C) a Convenience Check used to access your Account is not
the applicable APR by 12.
honored for any reason. Once you become subject to this penalty APR, we may change your
APR back to the respective APRs in effect for your Account (not including any promotional APR),
11. Minimum Finance Charge. If you incur finance charges in any Billing Cycle that total
but only if you bring your Account current, and then for six (6) consecutive Billing Cycles, you
less than $1.00, the finance charge that will be charged to your Account is $1.00.
pay at least the Minimum Amount Due by the Payment Due Date. Any other variable or fixed
APR that would otherwise apply to new Account balances will change to this penalty APR.
12. APR.
13. Balance Subject to Finance Charge and Finance Charges.
(a) Purchases and Cash Advances.
(a) Balance Subject to Finance Charge. We will treat all fees (including Credit Insurance/
APR for Purchases. Documents accompanying your Card, which are incorporated
Debt Protection Plan fees but excluding Cash Advance fees) as Purchases for the purpose of
by reference into this Agreement, disclose the APR for Purchases in effect when your Account
computing the average daily balance for Purchases. We will treat Cash Advance fees as Cash
is opened.
Advances for the purpose of computing the average daily balance for Cash Advances. We
Variable APR for Purchases. If the APR for Purchases is a variable rate based
calculate the balances of Purchases that are subject to a finance charge separately, based on
on the WSJ Prime Rate plus a margin, we will calculate the rate monthly by adding
the average daily balance of those Purchases in the Current Billing Cycle. We calculate the
the applicable margin for those Transactions to the WSJ Prime Rate. (A "margin"
balance of Cash Advances that is subject to a finance charge separately, based on the average
is the percentage we add to the WSJ Prime Rate to calculate the APR.) This APR may vary
daily balance of those Cash Advances in the Current Billing Cycle. To determine the average
(increase and decrease), but will not exceed 24.99% (corresponding Monthly Periodic Rate
daily balance for each type of Transaction (that is, Purchases and Cash Advances) during the
of 2.0825%). Any increase or decrease in the Prime Rate will result in an increase
Current Billing Cycle, we take the beginning balance of each type of Transaction each day, add
or decrease in your Monthly Periodic Rate and the APR, and as a result, the finance charge
any new Transactions of that type, and subtract any payments or credits applied to that type
and the Minimum Amount Due will change and may result in a smaller part of your payment
of Transaction that day. This gives US the daily balance for that type of Transaction. The daily
being applied to reduce principal. We determine the WSJ Prime Rate two days prior to the
balance for each type of Transaction is considered to be $0 for any day on which those portions
closing date of your Billing Cycle. Changes to the Monthly Periodic Rate and corresponding APR
of your Account have a credit balance. Then, we add all of the daily balances for the Current
for Purchases will be applied to your existing Account balance and to subsequent Transactions
Billing Cycle and divide the total by the number of days in the Current Billing Cycle. This gives
effective as of the first day of the Billing Cycle in which we determine the interest rate. If The
US an average daily balance of each type of Transaction for your Current Billing Cycle.
Wall Street Journal does not publish the prime rate, or if it changes the definition of prime rate,
(b) Finance Charges. No finance charges (other than International Transaction Fees)
we may, at our sole discretion, substitute another index.
will be imposed on Purchases if you pay in full the New Balance shown on the Account
Statement for your Current Billing Cycle by the Payment Due Date. If you have not done
APR for Cash Advances. The APR for Cash Advances will be 24.99% (corresponding
SO, a finance charge will accrue from the transaction date on Purchases at the applicable APR
Monthly Periodic Rate of 2.0825%).
for Purchases until the date payment in full is posted to your Account.
(b) Changes to Rates. Subject to Applicable Law, we may change the Monthly Periodic Rate
A finance charge will be imposed on Cash Advances from the Transaction date and included
and corresponding APR for Purchases and Cash Advances if you are in default of this Agreement,
in the average daily balance of Cash Advances at the applicable APR for Cash Advances until
or if we, in our sole discretion and from time to time, decide to take such action. (Please see
the date payment in full is posted to your Account. There is no grace period or time period
the sections of this Agreement entitled "Penalty APR for Payments Late by 60 Days or More,"
within which to pay and avoid a finance charge on Cash Advances.
"Penalty APR for Other Default," "Changes to this Agreement" and "Default.")
(c) Introductory Purchase, Balance Transfer and Promotional APR Offers. At our discretion,
The total finance charge for a Billing Cycle is the sum of the finance charges for Purchases
we may offer you an introductory or promotional APR for all or a part of your Transactions.
and Cash Advances. To compute the periodic rate portion of finance charges for your
For example, we may offer you a promotional APR to encourage specific transactions, such
Current Billing Cycle, we multiply the average daily balance of each type of your Transactions
as transferring balances from accounts you have with others, or an introductory APR
in the Current Billing Cycle by the applicable Monthly Periodic Rates for that cycle. Fees for Cash
for Purchases when you open an Account. The period of time for which the introductory
Advances and International Transactions, if any, are added to and included in the total finance
or promotional APR applies may be limited. Any introductory or promotional APR offer will
charges for your Current Billing Cycle.
be subject to the terms of the offer and this Agreement.
If applicable, we will disclose information regarding any introductory or promotional APRs
14. Fees.
and the period of time during which they are in effect in the document that accompanies your
Card or in materials we send you about the offer after you obtain your Card. If (i) we receive
Balance Transfer Fee. Unless your offer indicates otherwise, we will assess a finance
a Minimum Amount Due after its Payment Due Date; or (ii) (A) a check, similar instrument or
charge in the form of a balance transfer fee equal to the greater of $5.00 or 4% of the
electronic payment order that you have used for payment on your Account has been returned
total dollar amount of the balance you are transferring from another account to your Account.
to US unpaid for any reason, (B) we must return a check or other instrument because it is not
Annual Fee. Your Card has an annual fee of $300. The annual fee is waived
signed or is otherwise incomplete, or (C) a Convenience Check used to access your Account is
if you are a Fifth Third Private Bank client.
not honored for any reason, we may adjust the APR to the APR then in effect or the penalty
Cash Advance Fee. We will assess a finance charge in the form of a Cash Advance fee
APR, as applicable.
equal to the greater of $5 or 4% of the total dollar amount advanced for each Cash Advance
(d) Penalty APR for Payments Late by 60 Days or More. Subject to Applicable Law, we
on your Account.
reserve the right to increase the APR to 24.99% (corresponding Monthly Periodic Rate of
Late Payment Fee. If we do not receive the Minimum Amount Due by the Payment Due
2.0825%) on all new and outstanding Account balances each time we do not receive at least
Date, there is a late payment fee of $25. Any subsequent late fees will be $35 until you make
the Minimum Amount Due within 60 days of its Payment Due Date, including when we do not
your required Minimum Amount Due by the Payment Due Date for six consecutive Billing Cycles.
receive the Minimum Amount Due because a check, similar instrument or electronic payment
In any event, the late payment fee will not be greater than your Minimum Amount Due for the
order that we receive as payment on your Account has been returned to US unpaid for any
Billing Cycle for which your payment was late.
reason, or we must return a check or other instrument because it is not signed or is otherwise
incomplete. Once you become subject to this penalty APR, we may change your APR for
International Transaction Fee. There is a finance charge in the form of a transaction
outstanding balances back to the respective APRs in effect for your Account (not including any
fee equal to 3% of the U.S. dollar amount of each Foreign Transaction. This fee will be in
promotional APR), but only if you bring your Account current and then, for six (6) consecutive
addition to any other applicable transaction fees.
Billing Cycles, you pay at least the Minimum Amount Due by the Payment Due Date. Any other
Expedited Card Delivery Fee. There is a delivery fee of $30 per Account if delivery
variable or fixed APR that would otherwise apply to new and outstanding Account balances will
of your Card is expedited.
change to this penalty APR.
3
Replacement Card Fee. We will assess a replacement card fee of $10 if we replace your
If we do not follow all of the rules above, you do not have to pay the first $50 of the amount
Card at your request.
you question, even if your bill is correct.
Convenience Check Fee. Unless your offer indicates otherwise, we will assess a finance
Your Rights If You Are Dissatisfied With Your Card Purchase. If you are dissatisfied with
charge in the form of a convenience check fee equal to the greater of $5 or 4% of the total
the goods or services that you have purchased with your Card, and you have tried in good faith
dollar amount of each convenience check used.
to correct the problem with the merchant, you may have the right not to pay the remaining
amount due on the Purchase. To use this right, all of the following must be true:
We may institute a standard charge or charges for the issuance, reissuance or use of the Card
1. The Purchase must have been made in your home state or within 100 miles of your current
or for the reinstatement of any Card or Account privileges which have been suspended, as well
mailing address, and the Purchase price must have been more than $50. (Note: Neither
as an annual fee and per item fee for each Transaction, and you agree to pay US such charges
of these are necessary if your purchase was based on an advertisement we mailed to you,
and fees.
or if we own the company that sold you the goods or services.)
2. You must have used your Card for the Purchase. Purchases made with Cash Advances from
15. Foreign Currency Transactions. If a Transaction is made in a foreign currency, we
an ATM do not qualify.
and MasterCard will convert the Transaction into a U.S. dollar amount. MasterCard will act in
3. You must not yet have fully paid for the Purchase.
accordance with its operating regulations or conversion procedures in effect at the time the
If all of the criteria above are met and you are still dissatisfied with the Purchase, contact US in
Transaction is processed. Currently, its regulations and procedures provide that the currency
writing at: Fifth Third Bank, MD 1MOC2G, 38 Fountain Square Plaza, Cincinnati, Ohio 45263.
conversion rate used is either: (1) a wholesale market rate, or (2) a government-mandated
While we investigate, the same rules apply to the disputed amount as discussed above. After
rate in effect one day prior to the processing date. The currency conversion rate calculated in
we finish our investigation, we will tell you our decision. At that point, if we think you owe US
this manner that is in effect on the processing date may differ from the rate in effect on the
an amount and you do not pay, we may report you as delinquent.
transaction date or the posting date.
GENERAL PROVISIONS
16. Billing Errors. A statement of your right to dispute billing errors appears below.
17. Accepting this Agreement. This Agreement will be effective on either the date you
sign or otherwise submit an application for the Account that we approve or the date you use,
YOUR BILLING RIGHTS - KEEP THIS NOTICE FOR FUTURE USE
or someone you authorized uses, the Card or the Account, whichever is earlier. You agree that
This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act.
by using the Account or the Card, signing an Account application or other Account document
What To Do If You Find a Mistake on Your Statement. If you think there is an error on your
or otherwise accepting the Account or the Card, you accept the terms and conditions of this
statement, write to US at: Fifth Third Bank, MD 1MOC2G, 38 Fountain Square Plaza,
Agreement.
Cincinnati, Ohio 45263.
In your letter, give US the following information:
18. Promise to Pay. By using your Card or your Account, you promise to pay US for all
Account Information: Your name and Account number.
Transactions made on your Account, as well as any fees, finance charges or other charges. If
this is a joint Account, each of you, together and individually, is responsible for all amounts
Dollar amount: The dollar amount of the suspected error.
owed, even if only one of you uses the Account.
Description of Problem: If you think there is an error on your bill, describe what you believe
is wrong and why you believe it is a mistake.
19. Your Responsibility. You are responsible for all Transactions and other amounts posted
You must contact US:
to your Account arising from the authorized use of your Account or Card. If you have authorized
Within 60 days after the error appeared on your statement.
another person to use your Account or Card in any way, we will deem your authorization to
At least 3 Business Days before an automated payment is scheduled, if you want to stop
include the authorization to make Transactions of any kind using your Account or Card and
payment on the amount you think is wrong.
to incur related fees and charges. We will also deem your authorization to continue until you
revoke it by preventing that person from using your Account or Card. We are not responsible
You must notify US of any potential errors in writing. You may call US, but if you do, we are not
for controlling any person whom you have asked US to add to your Account or someone you
required to investigate any potential errors and you may have to pay the amount in question.
let use your Account or Card. You should think carefully before allowing anyone to become an
What Will Happen After We Receive Your Letter.
authorized user on your Account because you are allowing that person to use the Account as
When we receive your letter, we must do two things:
you can. If you wish to remove that person's ability to use your Account or Card, you must
1. Within 30 days of receiving your letter, we must tell you that we received your letter.
notify US in writing. This notice will not be effective until we receive and have had a reasonable
We will also tell you if we have already corrected the error.
opportunity to act on it.
2. Within 90 days of receiving your letter, we must either correct the error or explain
to you why we believe the bill is correct.
OUR RIGHTS AND HOW THEY AFFECT YOU
While we investigate whether or not there has been an error:
20. Delays in Enforcement. We can delay enforcing or not enforce any of our rights under
We cannot try to collect the amount in question, or report you as delinquent on that amount.
this Agreement without losing our right to enforce them in the future. For example, we may
accept late payments or payments that are marked "payment in full" or with other restrictive
The charge in question may remain on your statement, and we may continue to charge
endorsements without losing any of our rights under this Agreement.
you interest on that amount.
While you do not have to pay the amount in question, you are responsible for the remainder
of your balance.
21. Termination. Subject to Applicable Law, we may terminate this Agreement or revoke
your right to use your Account or Card, along with your right to make future Transactions, at
We can apply any unpaid amount against your Total Amount of Extended Credit.
any time and for any reason without notice to you. You or anyone you authorized to use the
After we finish our investigation, one of two things will happen:
Card or Account may terminate your Account and use of your Card at any time by calling US
If we made a mistake: You will not have to pay the amount in question or any interest
at 1-866-488-0017, or writing to US at Fifth Third Bank, MD 1MOC2G, 38 Fountain Square
or other fees related to that amount.
Plaza, Cincinnati, Ohio 45263. Any request to terminate your Account will be effective after we
have had a reasonable opportunity to act on such request. The termination of this Agreement,
If we do not believe there was a mistake: You will have to pay the amount in question,
whether initiated by US or you, will not affect any of your or our rights and obligations under
along with applicable interest and fees. We will send you a statement of the amount you
this Agreement. If this Agreement is terminated, you must still repay any amounts you owe US,
owe and the date payment is due. We may then report you as delinquent if you do not pay
even if we allow a Transaction to be completed with your Account or Card after this Agreement
the amount we think you owe.
has been terminated. You agree to give to US or to destroy all of the Cards issued on your
If you receive our explanation but still believe your bill is wrong, you must write to US within
Account when we ask you to or when this Agreement is terminated. If someone attempts to
10 days telling US that you still refuse to pay. If you do SO, we cannot report you as delinquent
use a Card after this Agreement is terminated, the Card may be retained. A Card also may be
without also reporting that you are questioning your bill. We must tell you the name of anyone
retained when you try to use it when certain other events occur.
to whom we reported you as delinquent, and we must let those organizations know when
the matter has been settled between US.
4
22. Default. Subject to Applicable Law, your Account will be in default under this
The AAA Rules and forms of the AAA may be obtained by calling 1-800-778-7879 or by visiting
Agreement if any one of the following occurs: (a) you become generally unable to pay
the AAA's Web site at www.adr.org. All Claims must be filed at any AAA office.
your debts, (b) you die or are declared legally incompetent, (c) you use a check or instrument
for payment that is dishonored, (d) you fail to pay the Minimum Amount Due on or before your
Payment Due Date, (e) any other creditor tries by legal process to take money of yours in our
There will be no authority for any Claims to be arbitrated on a class action basis. Any arbitration
possession, (f) a petition is filed or other proceeding is commenced by or against you under
hearing that you attend will take place in the federal judicial district in which you reside.
the federal bankruptcy act or any other applicable federal or state insolvency laws,
At your written request, we will temporarily advance up to $500 towards the filing,
(g) you provide US with any false or misleading information, (h) you breach any of your
administrative and/or hearing fees for any Claim that you may file against US after you have
other obligations under this Agreement, (i) you are in default of any other credit agreement
paid an amount equivalent to the fee, if any, for filing such a Claim in state or federal court
you have with US or any of our affiliates, or (j) we believe in good faith that you may not pay
(whichever is less) in the judicial district in which you reside. At the conclusion of the arbitration,
or perform your obligations under this Agreement. The payment of any fee charged by US will
the arbitrator will decide who will ultimately be responsible for paying the filing, administrative
not cure the default that caused the fee.
and/or hearing fees in connection with the arbitration. Unless inconsistent with Applicable
Law, each party will bear the expense of that party's attorneys', experts' and witness fees,
regardless of which party prevails in the arbitration.
23. Our Additional Rights When You Are in Default. If your Account is in default
under this Agreement, we may, subject to Applicable Law, (a) require you to pay any portion
of your outstanding Account balance immediately, (b) allow you to repay your Account subject
This provision is made pursuant to a transaction involving interstate commerce and will be
to the terms and conditions of this Agreement, (c) immediately terminate your Account and
governed by the FAA, 9 U. S. C. §§ 1 et seq., as amended. The arbitrator will apply applicable
cancel all Cards, (d) reduce your Account Total Amount of Extended Credit or otherwise limit
substantive law consistent with the FAA and applicable statutes of limitations and will honor
your ability to make Transactions as discussed in this Agreement, (e) commence a legal
claims of privilege recognized at law. Judgment upon the award rendered by the arbitrator may
proceeding against you to collect all amounts owed in connection with this Agreement, or
be entered in any court having jurisdiction. The arbitrator's decision will be final and binding,
(f) increase the APR for Purchases and Cash Advances. We also may charge you court costs
except for any right of appeal provided by the FAA and except that, if the amount in controversy
and reasonable attorneys' fees that we actually incur, as permitted by Applicable Law, if your
exceeds $100,000, any party can appeal the award to a three-arbitrator panel administered
Account is sent for collection to an attorney who is not our salaried employee. We will not
by the AAA, which will reconsider de novo any aspect of the initial award requested by the
be obligated to honor any attempted use of your Card or your Account if your Account is in
appealing party. The decision of the panel will be by majority vote. The costs of such an appeal
default, or we have decided to terminate your Account or limit your ability to make Transactions
will be borne by the appealing party regardless of the outcome of the appeal.
as discussed in this Agreement. Except as otherwise provided for in this Agreement, finance
charges will continue to accrue at the APR in effect at the time of default until your total Account
As solely used in this provision, the terms we and US will for all purposes mean Fifth Third Bank,
balance, including such accrued finance charges, is paid in full. You agree that, subject to
all of its parents, wholly- majority-owned subsidiaries, affiliates, predecessors, successors
Applicable Law, if your Account is in default under this Agreement, you will accept calls from US
and assigns, and all of their independent contractors, agents, employees, directors and
at your home and your place of business regarding collection of your Account. You understand
representatives.
and agree that the calls to your home may be automatically dialed and a recorded message
may be played. You agree such calls will not be considered "unsolicited" calls or telemarketing
calls for purposes of state or federal law.
This provision will survive termination of your Account, as well as the repayment of all
outstanding amounts incurred in connection with this Agreement. If any portion of this provision
is deemed invalid or unenforceable under any law or statute consistent with the FAA, it will not
24. Re-evaluation of Financial Condition and Credit History. We may reevaluate
invalidate the remaining portions of this arbitration provision or the Agreement. In the event of
your financial condition and investigate any information you provided on your Account
a conflict or inconsistency between the AAA Rules and this arbitration provision, this provision
application at any time. In the course of doing SO, we may obtain a current credit report and
will govern.
ask you for additional information about your financial condition by completing a Personal
Financial Statement or such other form that we request from time to time. You give US your
permission to obtain any information about you that we believe would be beneficial to facilitate
27. Changes to this Agreement. Subject to Applicable Law, we can change this
our determination of your eligibility for the Account and the Card, including credit reports from
Agreement at any time, regardless of whether you have access to your Account, by adding,
consumer reporting agencies. We may, as a result of any such re-evaluation, deem your Account
deleting or modifying any provision (including increasing any rate of finance charge, increasing
to be in default.
or adding fees or charges (including annual fees), changing the method of computing balances
subject to finance charge, changing your Total Amount of Extended Credit, changing the date
upon which finance charges begin to accrue, changing the Minimum Amount Due or limiting
25. Telephone Monitoring and Recording. You acknowledge that your telephone calls
the number or amount of Transactions on your Account). Any such changes will generally be
and other communications you provide to US may be monitored and recorded for training and
effective immediately unless we are required by Applicable Law to provide you with advance
quality control purposes. You agree that we may monitor, record, retain and reproduce your
written notice of the proposed changes. If this is the case, those changes will be effective
telephone calls and any other communications you provide to US, regardless of how transmitted
immediately following the effective date stated in the notice. Subject to Applicable Law, any
to US, as evidence of your authorization to act in connection with any Transaction, your
such changes will apply to your outstanding Account balance on the effective date of the change
Account or other service contemplated by this Agreement. We will not be liable for any losses
and to any future balances created after that date. If we give you the right to reject a change
or damages that are incurred as a result of these actions. We are not, however, under any
(whether because it is required by Applicable Law or otherwise), and you do not notify US by
obligation to monitor, record, retain or reproduce such items, unless required
the date stated in a notice, or if you notify US but then use your Account after the date stated
to do so by Applicable Law.
in the notice, you will be deemed to accept all changes in the notice and to accept and confirm
all terms of your Agreement and all changes in prior notices we have sent you, regardless of
26. Arbitration. You and we each agree that any Claim will be arbitrated instead of litigated
whether you have access to your Account. If you reject a change that we make, we will close
in court under the circumstances and procedures set forth below. Any Claim will be resolved
your Account. No change to any term of this Agreement will affect your obligation to pay all
upon the election of arbitration by you or US pursuant to this provision and the AAA Rules in
amounts you owe under this Agreement.
effect at the time the Claim is filed. (If for any reason the AAA is unable or unwilling or ceases
to serve as arbitration administrator, another nationally recognized arbitration organization
28. Waiver of Rights. Except as may be prohibited by Applicable Law, you agree to waive
utilizing similar rules and procedures will be substituted by us.) With respect to Claims covered
any right you may have for US to act promptly in bringing any action(s) against you (known as
by this provision, a party who has asserted a Claim in a lawsuit in court may elect arbitration
diligence); to demand payments of amounts due (known as presentment); to obtain an official
with respect to any Claim subsequently asserted in that lawsuit by any other party or parties.
certification of non-payment (known as protest); and to give notice that amounts due will not
IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER YOU NOR
be paid (known as notice of dishonor or notice of default and non-payment).
WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT
CLAIM, OR TO ENGAGE IN PREARBITRATION DISCOVERY EXCEPT AS PROVIDED FOR IN THE AAA
RULES. FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR
29. Change of Address. We will rely on the address we have for you in our records for
MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION.
any Account communications we send to you unless and until either you or the U.S. Postal
EXCEPT AS SET FORTH BELOW, THE ARBITRATOR'S DECISION WILL BE FINAL AND BINDING.
Service notifies US of a change of address and we have had a reasonable opportunity to act on
NOTE THAT OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO NOT
such notice. If your Account is a joint Account, each of you appoints the other as your agent
BE AVAILABLE IN ARBITRATION.
to designate the address to which any and all Account communications, including the Account
Statement, may be sent to you.
5
30. Correspondence. To the extent permitted by Applicable Law, any communication you
39. ATM Transaction Charges. Your checking, savings, credit card or line of credit
send to US will not be effective until we receive it and have had a reasonable opportunity to
account with US may be subject to charges when using an ATM that does not display both our
act on it. Any communication we send to you will, however, be effective and deemed delivered
logo and the Jeanie logo. Details about these charges are disclosed elsewhere in this Agreement
when mailed to you at your address as it appears on our records.
and in our "Checking Brochure" and "Savings Brochure." Also, if you use an ATM that does
not display both our logo and the Jeanie logo, you may be charged a fee by the ATM owner or
31. Assignment. You may not sell, assign or transfer your Account or Card or any of your
operator, as well as by any network used (and you may be charged a fee for a balance inquiry
even if you do not complete an EFT).
rights and obligations under this Agreement. We may, however, sell, assign or transfer your
Account, or any balance due thereunder, and our rights and obligations under this Agreement
to another entity without your consent and without prior notice. That entity will take our place
40. Types of EFTs. If you use your Card and your PIN, you may:
in this Agreement.
(a) withdraw cash from your Bank Account;
(b) obtain a Cash Advance;
32. Severability. If any provision of this Agreement is deemed to be void or unenforceable
(c) make deposits to your Bank Account (Note: Money Station ATMs will not accept deposits
by a court of competent jurisdiction, or any governmental agency, that provision will continue
greater than $10,000. We reserve the right to reject deposits in excess of $10,000 at any
to be enforceable to the extent permitted by that court or agency, and the remainder of that
ATM displaying the Jeanie logo);
provision will no longer be considered as part of this Agreement. All other provisions of this
Agreement will, however, remain in full force and effect.
(d) transfer funds between your checking, savings, Visa or line of credit accounts;
(e) pay bills directly from your Bank Account to parties that have been identified and have
agreed to accept your payments, provided that your Bank Account is a checking account
33. Governing Law. This Agreement is entered into between you and US in the State
and the payment is made in accordance with our procedures; and
of Ohio, and your Account and this Agreement, and any claim, dispute or controversy arising
from or relating to your Account or this Agreement, whether based in contract, tort, fraud
(f) pay for purchases from your Bank Account at places that have agreed to accept your Card,
or otherwise and regardless of the place where you live, is governed by, and construed in
provided that your Bank Account is a checking account.
accordance with, the laws of the State of Ohio, without regard to Ohio's conflict of laws
principles, and applicable federal laws and regulations. The legality, enforceability and
If you use your Card and your PIN to pay for a Purchase from a merchant or to withdraw
interpretation of this Agreement and the amounts contracted for under this Agreement also are
cash from an ATM, you authorize US to debit your Bank Account for the total amount of the
governed by Ohio law and applicable provisions of federal law, and all amounts granted under
Transaction as shown on any sales draft or withdrawal order originated by use of your Card,
this Agreement are extended from the State of Ohio.
regardless of whether you signed it. We will handle such sales drafts or withdrawal orders in the
same way we handle checks and other items drawn on your Bank Account, with the exception
34. Entire Agreement. You acknowledge that this Agreement, as amended from time
that you will have no right to stop payment. Some of these services may not be available at
to time, and the documents accompanying your Card that apply to your Account, which are
all terminals, may be limited by third parties and are subject to the limitations described in this
incorporated by reference into this Agreement, make up the entire agreement between you and
Agreement and other rules, regulations and agreements that apply to your Bank Account or your
US and supersedes and may not be contradicted by evidence of any prior or contemporaneous
Account. You may perform other transfers as we expand the types of available transfers
written or oral communications and understandings between you and US concerning the Account
in the future. We will notify you as to the nature and frequency of those transfers.
and the Card. Neither you nor we intend that anything in this Agreement should result in the
assessment of fees or charges in excess of those permitted by Applicable Law. If any fee or
41. Limitations on Types and Frequency of Electronic Banking Transfers.
charge assessed under this Agreement is finally determined to be in excess of that permitted
Electronic banking services, including Card Transactions, and payments are subject
by Applicable Law, the excess amount will be applied to reduce the outstanding balance in
to the following limitations in this section and elsewhere in this Agreement:
your Account or, if there is no outstanding balance, will be refunded to you. You agree that any
documentation provided to you that indicates that a Transaction was made shall be admissible
(a) Due to certain state banking laws currently in effect, you may not be able to make deposits
as evidence of such Transaction and shall be proof that such transaction or transfer was made.
at all Jeanie or Money Station locations.
(b) The immediate use of deposited funds is restricted by our rules, regulations and agreements
governing Bank Accounts.
35. Questions. If you have any questions about this Agreement or your Card, please
contact US at 1-800-972-3030.
(c) Cash withdrawals from Jeanie, Money Station or other ATM terminals may be made only
from individual or joint personal Bank Accounts and not from any other accounts.
(d) You are not permitted to make bill payments or transfers or pay for Purchases from any
36. Section Headings. The Section headings used in this Agreement are only
Bank Account that is a savings account using a Jeanie or Money Station terminal, Fifth Third
meant to organize this Agreement, and do not in any way limit or define your or our rights
Internet Banking and Bill Payment or Fifth Third Bank Telephone Banking, except as provided
in
or obligations hereunder.
subparagraph (e) below.
(e) Fifth Third savings accounts allow up to six of the following transfers
READY RESERVE AND EFT SERVICES
or withdrawals on the account per month: pre-authorized or automatic transfers/withdrawals,
37. Ready Reserve. If you have applied and been approved for the Ready Reserve feature
or transfers/withdrawals made by check, debit card, or similar order payable to a third party.
of your Account, you can authorize automatic transfers from your Account into any checking
Examples of preauthorized or automatic transfers include automatic transfers from savings to
account you maintain with US in order to cover an overdraft on such account and any applicable
checking to cover an overdraft or a transfer of funds or bill payment from your savings account
service charge. If you overdraw your checking account with US on any day, we may charge your
using Fifth Third Internet Banking and Bill Payment, Fifth Third Bank Telephone Banking, or any
Account for a Cash Advance in an amount equal to the overdrawn amount or $50, whichever is
money management payment from your savings account. You may, however, make as many
greater, in order to eliminate the overdraft, together with any applicable finance charges
payments as you wish from your Fifth Third savings account to your installment, mortgage
and service charges. If you have applied and been approved for Ready Reserve, you may
or credit card accounts with US.
use your Card as an ATM card by entering your PIN.
(f) You may not use your Card at a POS terminal.
(g) For security reasons, there are limits on the amount of cash withdrawals from your Bank
38. Use of Card for EFT Services. If you use your Card as an ATM card, the following
Account that may be made from Jeanie, Money Station or other electronic banking terminals
additional terms and conditions apply to your use of your Card to access your Bank Account
or systems.
for the EFT services we make available (for example, (a) use of the Jeanie Pulse®, Plus
(h) There are limits on the amount of cash you may withdraw or transfer immediately after
System®, Visa, Cirrus® or other electronic banking terminals or systems; (b) use of our
you make a deposit.
telephone bill payment service; (c) use of Fifth Third Bank Telephone Banking to transfer
(i) You may place a stop payment order on a preauthorized EFT from your Account by notifying
money; (d) use of Fifth Third Internet Banking and Bill Payment to transfer money or pay
US orally or in writing at least three (3) Business Days before the scheduled date of the transfer.
bills; (e) electronic direct deposits of government payments such as Social Security and payroll
Once you have placed a stop payment order on a preauthorized transfer, we will not make any
payments; (f) preauthorized bill payments; and (g) electronic check conversion) and are
more preauthorized transfers to the person or company that you were going to pay until
provided to you in accordance with the requirements of federal law.
we receive a new written authorization from you.
6
(j) No deposits or withdrawals may be made to or from a dormant Bank Account through
46. Your Liability. Tell US AT ONCE if you believe your Card or PIN, or both, have been
Jeanie, Money Station or other electronic banking terminal or system.
lost, stolen or used (or may be used) or that a transfer has been or may be made with your
(k) We may, from time to time, limit the type, number and dollar amounts of any checks,
Card or PIN without your permission. Telephoning is the best way of keeping your possible
drafts, withdrawals or transfers, that may be made from your Bank Account using the Card,
losses down. You could lose all the money in your Bank Account if you have a checking
even if you have sufficient available funds in your Bank Account, and to terminate or suspend
account with the overdraft protection feature. If you tell US within two (2) Business Days,
the operation of any or all EFT devices, including your Card, without notice, unless required
you can lose no more than $50 if someone used your Card or PIN without your permission.
by Applicable Law.
If you do NOT tell US within two (2) Business Days, and we can prove that we could have
(I) For security reasons, there may be other limits on the number and amount of transactions
stopped someone from using your Card or PIN without your permission if you had told US,
you could lose as much as $500.
you can make using the Jeanie system.
42. Error Resolution Process. IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR
Also, if your statement shows transfers that you did not make, tell US at once. If you do not tell
ELECTRONIC TRANSFERS, telephone US at 1-866-488-0017 or write US at Fifth Third Bank,
US within sixty (60) days after the statement was mailed to you, you may not get back any
MD 1MOC2G, 38 Fountain Square Plaza, Cincinnati, Ohio 45263 as soon as you can if you
money you lost after the sixty (60) days if we can prove that we could have stopped someone
think your statement or receipt is wrong or if you need more information about a transfer listed
from taking the money if you had told US in time.
on the statement or receipt. We must hear from you no later than sixty (60) days after
we sent the FIRST statement on which the error or problem appeared.
If a good reason (such as a long trip or hospital stay) kept you from telling US, we will extend
(a) Tell US your name and Bank Account number (if any).
the time period for a reasonable time.
(b) Describe the error or the transfer you are unsure about, and explain as clearly
as you can why you believe it is an error or why you need more information.
47. Business Days. For purposes of the section of this Agreement entitled Ready Reserve
(c) Tell US the dollar amount of the suspected error.
and EFT Services, our Business Days are Monday through Friday. Holidays are not included.
If you tell US orally, we may require that you send US your complaint or question in writing
48. Contacts in the Event of Unauthorized Card Transfers. If you believe that
within ten (10) Business Days. We will determine whether an error occurred within ten (10)
your Card or PIN, or both, has been lost or stolen or that someone has authorized or may
Business Days following the date you notified US, and we will correct any error promptly. If
authorize a transfer from your Bank Account without your permission, you can call
we need more time, however, we may take up to forty-five (45) calendar days to investigate
US at 1-800-782-0279.
your complaint or question following the date you notified US. If we decide to do this, we will
49. Authorized Use. You agree that, if you authorize another person to use your Account,
provisionally recredit your Bank Account within ten (10) Business Days following the date you
Bank Account, Card or PIN in any manner, your authorization will be deemed to include the
notified US for the amount you think is in error, SO that you will have the use of the money
authorization to perform electronic banking services of any kind using your Account, Bank
during the time it takes US to complete our investigation. If we ask you to put your complaint
Account, Card or PIN and to incur related fees and charges, even if that person exceeds your
or question in writing and we do not receive it within ten (10) Business Days, we may not
authorization. Your authorization will be deemed to continue until you have taken all steps
provisionally recredit your Bank Account.
necessary to revoke it by preventing such use by that person.
For errors involving new Bank Accounts, POS or foreign-initiated transactions, we may take up
50. Service. If you use the Card for Fifth Third Bank Telephone Banking or other telephone
to ninety (90) calendar days to investigate your complaint or question. For new Bank Accounts,
banking or Fifth Third Internet Banking and Bill Payment, and we approve such use of the Card,
we may take up to twenty (20) Business Days to credit your Bank Account for the amount that
we will transfer money in your Bank Accounts with US or accounts over which you have the
you think is in error.
authority to withdraw or transfer funds to the accounts of designated merchants. Such transfer
will be made upon your instructions by use of a telephone, or by other means acceptable to US.
We will tell you the results within three (3) Business Days after completing our investigation.
You agree to allow a reasonable period of time (at least five (5) Business Days) for a merchant
If we decide that there was no error, we will send you a written explanation. You may ask for
to receive the payment. We will not be responsible for any delays caused by mail service or
copies of the documents that we used in our investigation.
others. In no case will we be liable for any interest or late payment charges assessed by a
merchant or termination of service caused by a delay in a merchant's receipt of the payment.
You agree to notify US of any change in your address or account with a merchant, including
43. Fees. You agree that we may charge and deduct from your Bank Account (or any other
change of account number.
account that you maintain with US primarily for personal, family or household purposes, as
necessary) any charges associated with or incurred in connection with the use of your Card.
51. Card Cancellation, Revocation or Limitation. Your Card may be cancelled,
revoked or limited in its use at any time by US or our agent.
44. Disclosure of Bank Account Information to Third Parties. We take our
responsibility to protect the confidentiality of your financial information very seriously. It is our
policy never to share information about you, your Bank Account or the transfers made using
Fifth Third Bank, Member FDIC.
your Card with third parties, including marketing companies, except in the situations noted
below. Specifically, we will disclose such information:
(a) where it is necessary for completing transfers;
(b) in order to verify the existence and condition of your Bank Account for a third party,
such as a credit bureau or a merchant;
(c) in order to comply with government agency or court orders, such as a lawful subpoena;
(d) if you give US your written permission;
(e) in the investigation or prosecution of alleged fraudulent activity concerning your Bank
Account; or
(f) as otherwise provided in the Fifth Third privacy policy.
You authorize the disclosure to any merchant or other payee of the information relating to your
accounts as is reasonably necessary to perform our electronic banking services.
45. Documentation of Terminal Transfers. For transactions of more than $15,
you can get a receipt at the time you make any transfer to or from your Bank Accounts using
a
Jeanie machine, Money Station, Plus System, VISA, MasterCard or any other electronic
banking terminal, unless, for some reason, the machine or terminal is not working properly.
7
Rev. 08/11
FACTS
WHAT DOES FIFTH THIRD DO WITH YOUR PERSONAL INFORMATION?
WHY?
Financial companies choose how they share your personal information. Federal law gives consumers the right
to limit some, but not all, sharing. Federal law also requires us to tell you how we collect, share, and protect your
personal information. Please read this notice carefully to understand what we do.
WHAT?
The types of personal information we collect and share depend on the product or service you have with us.
This information can include:
Social Security number, name, address, email address, income, and assets
Payment history and account balances
Credit history and credit worthiness
HOW?
All financial companies need to share customers' personal information to run their everyday business. In the
section below, we list the reasons financial companies can share their customers' personal information; the
reasons Fifth Third chooses to share; and whether you can limit this sharing.
REASONS WE CAN SHARE YOUR PERSONAL INFORMATION
DOES FIFTH THIRD SHARE?
CAN YOU LIMIT THIS SHARING?
For our everyday business purposes- such as to process
your transactions, maintain your account(s), respond to court
Yes
No
orders and legal investigations, or report to credit bureaus
For our marketing purposes- to offer our products and
Yes
No
services to you
For joint marketing with other financial companies
Yes
No
For our affiliates' everyday business purposes-
Yes
No
information about your transactions and experiences
For our affiliates' everyday business purposes-
Yes
Yes
information about your creditworthiness
For our affiliates to market to you
Yes
Yes
For nonaffiliates to market to you
No
N/A
TO LIMIT
Call 1-800-889-5269-our menu will prompt you through your choice(s); or
OUR
Write to us at Fifth Third, Customer Service, Privacy Administration, Post Office Box 4444, Cincinnati, OH 45263-4444.
SHARING
Requests must include your name, address, telephone number, and Social Security number (or taxpayer
identification number). Incomplete information will delay or possibly prevent our ability to honor your request;
or
Visit any Fifth Third Banking Center.
Please note: If you are a new customer, we can begin sharing your information 30 days from the date we sent
this notice. When you are no longer our customer, we continue to share your information as described in this
notice. However, you can contact us at any time to limit our sharing.
QUESTIONS?
Call 1-800-889-5269 or go to www.53.com.
WHO WE ARE
Who is providing this notice?
Fifth Third Bank and its affiliates (please see next page for List of Affiliates).
WHAT WE DO
How does Fifth Third protect my
To protect your personal information from unauthorized access and use, we use
personal information?
security measures that comply with federal law. These measures include computer
safeguards and secured files and buildings.
How does Fifth Third collect my
We collect your personal information, for example, when you:
personal information?
Open an account or apply for a loan
Pay your bills or make a deposit
Use your credit or debit card
We also collect your personal information from others, such as credit bureaus,
affiliates, or other companies.
8
Why can't I limit all sharing?
Federal law gives you the right to limit only:
sharing for affiliates' everyday business purposes-information about your creditworthiness
affiliates from using your information to market to you
sharing for nonaffiliates to market to you
State laws and individual companies may give you additional rights to limit sharing.
See below for more information on state laws.
What happens when I limit sharing
Your choices will apply to everyone on your account.
for an account I hold jointly with
someone else?
DEFINITIONS
Affiliates
Companies related by common ownership or control. They can be financial and
nonfinancial companies.
Our affiliates include companies with a Fifth Third name; financial companies such as an
insurance agency or a leasing company.
Nonaffiliates
Companies not related by common ownership or control. They can be financial and
nonfinancial companies.
Fifth Third does not share information with nonaffiliates SO they can market to you.
Joint marketing
A formal agreement between nonaffiliated financial companies that together market
financial products or services to you.
Our joint marketing partners include but may not be limited to insurance companies
and credit card companies.
OTHER IMPORTANT INFORMATION
Nevada law requires that we provide you with the following contact information:
Fifth Third, Customer Service
Bureau of Consumer Protection, Office of the Nevada Attorney General
Privacy Administration
555 East Washington Street, Suite 3900
P.O. Box 4444
Las Vegas, NV 89101
Cincinnati, OH 45263-4444
Phone: (702) 486-3132, Email: BCFINFO@ag.state.nv.us
CA, ND and VT residents: Accounts with mailing addresses in these states will be treated as if they have selected for us to not share
your credit and personal financial information with other Fifth Third companies.
CUSTOMER IDENTIFICATION PROGRAM
In accordance with the USA PATRIOT Act, Federal law requires all financial institutions to obtain, verify, and record information that identifies each individual or entity
opening an account. This includes all personal and commercial accounts, including loan and deposit accounts, as well as trust, brokerage, insurance, and investment
management accounts.
What This Means To Our Customers
When you open an account, you will be asked for your name, address, Social Security or tax identification number, date of birth (if applicable), and other information that
will allow Fifth Third to identify you. You will also be asked to furnish your driver's license or other identifying documents. We are required to follow this procedure each
time an account is opened, even if you are a current customer of Fifth Third.
LIST OF AFFILIATES
Fifth Third Bank, an Ohio Banking Corporation
Fifth Third Real Estate Capital Markets, Inc.
Fifth Third Holdings, LLC
Fifth Third Insurance Agency, Inc.
The Fifth Third Leasing Company
Home Equity of America, Inc.
Fifth Third Mortgage Company
Fifth Third Asset Management, Inc.
Fifth Third Mortgage, MI, LLC
Fifth Third Securities, Inc. Member FINRA/SIPC
Vantiv
The Fifth Third Auto Leasing Trust
Vista Settlement Services, LLC
SLK Global BPO Services Pvt. Ltd.
Transactive Ecommerce Solutions, Inc.
Fifth Third Bank, Member FDIC.
Important Information About Credit Reporting
We may report information about your accounts to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report.
Fifth Third Securities is the trade name used by Fifth Third Securities, Inc., member FINRA/SIPC, a registered broker-dealer. Securities and investments offered through
Fifth Third Securities, Inc.
Are Not FDIC Insured
Offer No Bank Guarantee
May Lose Value
Are Not Insured By Any Federal Government Agency
Are Not A Deposit
Insurance products made available through Fifth Third Insurance Agency, Inc.
08/11
9
Fifth Third Private Bank World Elite MasterCard Fees
and Credit Disclosures
Interest Rates and Interest Charges
Annual
How We Will Calculate Your Balance: We use a method called "average daily
Your APR will be
9.24%
Percentage
This APR will vary with the market
balance (including new purchases).'
Rate (APR)
based on the WSJ Prime Rate.
for Purchases
The APR for Purchases and Balance Transfers is 9.24%. The APR for Cash Advances and
and Balance
Penalty is 24.99%.
Transfers:
The Monthly Periodic Rate for Purchases and Balance Transfers is 0.77%. The Monthly
APR for Cash
24.99%
Periodic Rate for Cash Advances and Penalty is 2.0825%.
Advances
The margin added to the WSJ Prime Rate for the APR for Purchases and Balance Transfers
Penalty APR
24.99%
is 5.99%. Your margin is the portion of your interest rate added to the Index value (WSJ
and When it
This APR may be applied to your Account if you:
Prime Rate) used to determine your APRs.
Applies
1) Make a late payment;
2) Make a payment that is returned;
Information contained in this Fifth Third Bank Disclosure is accurate as of 8/18/10 and is
3) Use a Convenience Check that is not honored.
subject to change thereafter.
How Long Will the Penalty APR Apply? If your APRs
are increased because you are 60 days late, the Penalty APR
The WSJ Prime Rate means the prime rate published in the "Money Rates" section
will apply until you make six consecutive minimum payments
of the online version of The Wall Street Journal. We determine the WSJ Prime Rate two
when due. If your APRs are increased for other reasons listed
days prior to the closing date of your Billing Cycle. Changes to the Monthly Periodic Rate
above, the Penalty APR will apply for an indefinite period of time.
and corresponding APR for Purchases will be applied to your existing Account balance and
to subsequent transactions effective the first day of the Billing Cycle in which we determine
How to
Your due date is at least 21 days after the close of each Billing
the interest rate. Any increase or decrease in the WSJ Prime Rate will result in an increase
Avoid Paying
Cycle. We will not charge you interest on Purchases if you pay
or decrease in your Monthly Periodic Rate and the APR, and as a result, the finance charge
Interest on
your entire balance by the due date each month.
and the Minimum Amount Due will change and may result in a smaller part of your payment
Purchases
being applied to reduce principal.
Minimum
If you are charged interest, the charge will be no less than $1.00.
Explanation of Balance Subject to Interest Charges: We figure the interest
Interest
charge on your account by applying the periodic rate to the "average daily balance" of your
Charge
account. To get the "average daily balance" we take the beginning balance of your account
each day, add any new purchases, and subtract any payments or credits. This gives US the
FEES
daily balance. Then, we add up all the daily balances for the billing cycle and divide the total
Annual Fees
by the number of days in the billing cycle. This gives US the "average daily balance."
Annual Fee
$300 (Waived for clients of Fifth Third Private Bank).
Transaction Fees
Balance
Either $5 or 4% of the amount of each transfer, whichever is
Transfer
greater.
Cash
Either $5 or 4% of the amount of each Cash Advance,
Advance
whichever is greater.
International
3% of each transaction in U.S. dollars.
Transaction
Penalty Fees
Late
Up to $35
Payment
10