FIFTH THIRD BANK CARD AGREEMENT for MasterCard® DUO CARD
DUOAGRE 654468
Effective July 6, 2011
This Agreement governs the terms and conditions of your Duo Card. You should retain and
Foreign Transaction: A Transaction that occurs or is submitted to US from outside the
carefully review this entire Agreement. You and we agree as follows:
United States or in a foreign currency.
We give this Agreement to our customers when they are approved for an Account, or when
International Transaction Fee: A fee imposed for each Transaction outside of the U.S. or
they request it. By obtaining a Card, opening an Account and making Transactions, you agree
in a foreign currency.
to use the Card and Account only for personal, family or household purposes and to comply
MasterCard: MasterCard International.
with this entire Agreement. Unless otherwise specified, the words you, your and yours
mean anyone who applied to US for an Account and whose application we have approved, and
Minimum Amount Due: The minimum amount you must pay by the Payment Due Date
who uses the Account with your permission. The words we, our, US and Fifth Third mean
shown on the front of your Account Statement.
Fifth Third Bank and its successors and assigns.
Monthly Periodic Rate: The periodic rate that applies to certain Credit Transactions
DEFINITIONS
calculated on a monthly basis.
New Balance: The new balance on your Account shown on the front of your
AAA The American Arbitration Association.
Account Statement.
AAA Rules: The AAA Rules and Procedures.
Payment Address: The remittance address indicated on the front of your
Account: Unless the context provides otherwise, your credit card account that you can access
Account Statement.
with your Duo Card.
Payment Due Date: The date shown on the front of your Account Statement by which we
Account Statement: The periodic statement we mail to you in connection with
must receive payment for the Billing Cycle.
your Account.
PIN: Personal identification number.
Agreement: This Fifth Third Bank Card Agreement for MasterCard Duo Card.
POS: Point of sale.
Applicable Law: At any time, any applicable (a) federal, state or local statutes, regulations,
Purchase: A purchase or lease of goods or services made with your Card or your Account.
licensing requirements, regulatory bulletins or guidance, regulatory examinations,
agreements or orders, (b) rule, regulation, restriction, requirement or contractual term of
Ready Reserve: A feature of your Account whereby you may use your Account to cover
MasterCard, and (c) judicial or administrative interpretations of any of the foregoing.
overdrafts on a checking account for which you have requested and been approved for
Ready Reserve.
APR: Annual percentage rate.
Transaction: Any transaction made using your Card or Account, including any Credit
ATM: Automated teller machine.
Transaction and any Debit Transaction.
Available Credit Limit: The difference between the balances you owe US and your Account
U.S.: United States.
credit limit.
WSJ Prime Rate: The highest prime rate published in the "Money Rates" section of the
Bank Account: Your savings or checking account that you maintain with US primarily for
online version of The Wall Street Journal.
personal, household or family purposes and designate to be accessed by your Card and PIN.
Billing Cycle: Time periods we use to manage your Account; each Billing Cycle is
USE OF YOUR CARD
approximately one month long.
You may use your Card in two ways: (1) as a credit card to make purchases at participating
Business Day: Monday through Friday, excluding holidays.
merchants and establishments where the Card is honored and to obtain Cash Advances (including
Card: Unless the context provides otherwise, each Duo Card that we issue on your Account.
advances to cover overdrafts using Ready Reserve), and (2) as a debit card with a PIN at ATMs
and participating merchants and establishments where the Card is honored to access funds in
Cash Advance: A transaction in which you (a) use your Card to get a cash advance from an
your Bank Account. A signature-based debit transaction is not available using the Card. Any
ATM; (b) present your Card to any bank or other person that accepts the Card to get cash
transaction made using the Card and your signature will be a Credit Transaction. Any Transaction
or cash-like equivalents (for example, money orders, traveler's checks or other payment
made by telephone or online where you have not entered your PIN will be a Credit Transaction.
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
The portion of this Agreement entitled "Credit Card Services" governs your use of your Card
through the Internet or otherwise. When you use your Card and PIN at an ATM to withdraw
as a credit card. The portion of this Agreement entitled "EFT Services" governs your use of the
cash, that cash withdrawal will not be considered a Cash Advance.
Card with a PIN as a debit card accessing the funds in your Bank Account.
Credit Transactions: A Purchase or Cash Advance or an advance using Ready Reserve to
CREDIT CARD SERVICES
cover an overdraft on a checking account for which you have requested and been approved
HOW TO USE YOUR CARD AND ACCESS YOUR ACCOUNT
for Ready Reserve.
Claim: Any claim, dispute or controversy between you and US arising from or relating to
1. Credit Transactions, Purchases and Cash Advances.
this Agreement, any prior agreement that you may have had with US or the relationships
You may use your Card and your Account to make a Purchase or obtain a Cash Advance by
resulting from the Agreement or any prior agreement, including the validity, enforceability
presenting your Card or your Account number to participating merchants and establishments
or scope of this provision, the Agreement or any prior agreement. Claim includes claims of
where the Card is honored. We will also treat as a Cash Advance any transaction using Ready
every kind and nature, including but not limited to initial claims, counterclaims, cross-claims
Reserve. You may also use your Card to transfer balances from other creditors, to make other
and third-party claims and claims based upon contract, tort, fraud and other intentional
transactions by means of balance transfer coupons or checks, or for any other transactions that
torts, statute, common law and equity. The term Claim is to be given the broadest possible
we encourage you to make through an introductory or promotional offer, in accordance with
meaning and includes, by way of example and without limitation, any claim, dispute or
the additional terms and conditions that we may offer from time to time. Unless we tell you
controversy that arises from or relates to (a) the Account created by the Agreement or any
otherwise, we will also treat any such balance transfer or other transaction as a Purchase.
prior agreement or any balances on the Account, (b) the Card, (c) the EFT services or Ready
You agree that any debt incurred using your Card or your Account is valid, regardless of the
Reserve feature, (d) advertisements, promotions or oral or written statements related to the
purpose of the Transaction.
Card, the Account or the terms of financing, and (e) your use of the Card and the Account.
Purchases from a merchant that are directly convertible to cash (sometimes called "quasi-cash"
Convenience Check: A check that may be used to access your Account.
transactions), such as purchases of casino gaming chips, money orders, wire transfer services,
Credit Insurance/Debt Protection Plan: An optional credit insurance and/or debt
travelers cheques or foreign currency, may not be permitted with your Card. You may not use
protection product that may be made available to you for purchase.
your Card or your Account for any illegal transaction or any gambling transaction. We reserve
the right to decline any such transaction without notice.
Current Billing Cycle: A Billing Cycle that just ended.
Unless prohibited by Applicable Law, we may, from time to time, limit the type, number and
Debit Transaction: A transaction made using the Card and your PIN that accesses the funds
dollar amounts of any Transactions, even if you have sufficient available credit. We may also
in your Bank Account.
terminate or suspend your use of your Account and Card and access to your Account without
EFT: Electronic funds transfer.
notice unless prohibited by Applicable Law.
FAA: Federal Arbitration Act.
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2. Credit Limit.
PAYING YOUR BILLS
We may establish an Account credit limit. You agree not to let the sum of all Credit Transactions
7. Periodic Account Statements.
posted to your Account, plus any finance charges, fees and other charges provided for in this
Agreement, exceed your Account credit limit as communicated to you from time to time. Your
Except as otherwise stated in this Agreement, we will send you an Account Statement. Unless
initial Account credit limit will be disclosed in the document that accompanies your Card. Your
you make other arrangements with US, your Account Statement will be mailed to you by
Account Statement may also show that only part of your Account credit limit may be used for
regular mail to your address as it appears on our records. We will send your Account Statement
Cash Advances. Cash Advances, including Convenience Checks and Ready Reserve transactions,
for each Billing Cycle at the end of which your Account has a debit or credit balance in excess
are charged against your Cash Advance credit limit. Unless we inform you otherwise, your Cash
of $1.00 or on which a finance charge has been imposed. Generally, you will receive 12
Advance credit limit will be up to 50% of your total Account credit limit.
Account Statements each year your Account is open.
We may refuse to authorize or accept any Transaction on your Account or Card that would cause
We will not send your Account Statement if (a) we deem your Account uncollectible,
you to exceed your Available Credit Limit. If we, in our sole discretion, decide to authorize or
(b) delinquency collection proceedings have been instituted, or (c) for any other reason
accept a Transaction on your Account or Card that would exceed your Available Credit Limit,
permitted by Applicable Law.
we will not be liable to you if we do. Subject to Applicable Law, we may charge to and deduct
8. Payments.
from your Account the amount of the Transaction and other related fees provided for in this
Your payment is due on or before the Payment Due Date shown on your Account Statement.
Agreement. We may also request that you immediately repay US the amount in excess of your
You must pay at least the Minimum Amount Due shown on your Account Statement on a
Available Credit Limit, suspend your Account or Card privileges and terminate this Agreement.
monthly basis, which will be the greatest of (a) 2% of the New Balance, (b) 0.5% of the New
3. Convenience Checks.
Balance plus total billed finance charges and any fees, or (c) $25.00. Any New Balance less
We may issue Convenience Checks to you, which may be used to access your Account. We
than $25 is payable in full. The Minimum Amount Due shown on your Account Statement will
will treat any Convenience Check issued to you that we pay as a Cash Advance (except for
also include any amount past due and any amount by which your Account exceeds its credit
a Convenience Check issued to you as part of a promotional offer which, unless we tell you
limit. You agree to make all payments by check or other negotiable instrument drawn on a
otherwise, will be treated as a Purchase), and we will deduct the amount of the Convenience
U.S. branch of a financial institution located in the U.S. or by money order. Payments must be
denominated in U.S. dollars.
Check from your Cash Advance credit limit. Each Convenience Check must be denominated in
U.S. dollars and completed and signed by you in the same manner as a personal check. If we
All payments submitted by mail, except disputed payments, must be mailed or delivered to US
provide you with Convenience Checks for your Account, you may not use them to pay any amount
at the Payment Address. Any payments received after 5:00 p.m. Eastern Time on any Business
you owe on your Account. You may not request, and we will not honor, a stop payment on any
Day will be credited on the next Business Day. Credit to your Account may be delayed for up to
Convenience Check. We reserve the right to return any Convenience Check unpaid if (a) the
5 days if the payment is (a) not received at the Payment Address, (b) not made in U.S. dollars
amount of the Convenience Check exceeds your Cash Advance credit limit; (b) your Account is not
drawn on a U.S. branch of a financial institution located in the U.S. or by money order, or (c)
in good standing or you are otherwise in default of this Agreement; (c) your Card or Convenience
not accompanied by the top portion of your Account Statement. Delayed crediting may cause
Checks have been reported lost or stolen or your Account may have been subject to unauthorized
you to incur additional fees and finance charges. (You understand that payments submitted by
use; (d) you use a Convenience Check to pay any amount you owe on your Account; or (e) for
mail may not be made, and may not be deemed received by US, at any location other than the
any other reason. We will not be liable if we choose to return any Convenience Check unpaid.
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.
LOST CARDS, UNAUTHORIZED USE OF
Although we may post payments as of the date we receive them, your Available Credit Limit
ACCOUNT OR CARD AND OTHER CONCERNS
may not be restored for up to 7 days after we receive your payment. If the Minimum Amount
4. Unauthorized Use of Your Account or Card.
Due is to be automatically deducted from your checking or savings account with US, you agree
If you notice the loss or theft of your Card or a possible unauthorized use of your Card or
to have on deposit in that account on the Payment Due Date available funds equal to the
Account, you should write to US immediately at: Fifth Third Bank, MD 1MOC2G, 38 Fountain
Minimum Amount Due. Payments on your Account that exceed the Minimum Amount Due will
Square Plaza, Cincinnati, Ohio 45263 or call US at: 1-800-782-0279. We may still require you
be allocated first to the Account balance with the highest APR, and then to each consecutive
to provide notice in writing.
Account balance 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
YOU SHOULD NEVER WRITE YOUR PIN ON YOUR CARD OR KEEP ANY WRITTEN RECORD OF
following order: finance charges, fees, any applicable installment balance minimum amount
YOUR PIN ON ANY MATERIAL THAT IS KEPT WITH YOUR CARD. If there is any loss, theft or
due that is calculated separately from the Minimum Amount Due, the Account balance with the
possible unauthorized use of your Account or Card, we may require you to provide US information
lowest APR, then to each consecutive Account balance bearing the next lowest APR at the time
in writing or other assistance to help US find out what happened. We may also require you
payment is posted to your Account.
to comply with certain procedures in connection with our investigation. Unless prohibited by
Applicable Law, we will deem any such use as having been authorized by you, and you will
We may, in our sole discretion, offer you the ability to make your payments on an expedited
be liable for the amount of any Transactions plus finance charges and fees and other charges
basis. When you authorize US to process an expedited payment to your Account, we may
incurred with any such use, if you fail to provide US with any such information or assistance or
charge you a fee. The amount of the fee will be disclosed to you at the time of the payment.
to comply with such procedures. Unauthorized Card or Account use does not include use of your
We are not responsible if your financial institution dishonors an expedited payment for any
Card or your Account by any person you have authorized to use your Card or Account.
reason, and we will retain the fee in those circumstances.
5. Limitation of Your Liability for Unauthorized Use of Your Account
9. Prepayment.
You will not be liable for any unauthorized use of your Account that occurs after you notify US.
You may pay without penalty any portion of the entire New Balance or more than your
You may, however, be liable for unauthorized use that occurs before your notice to US. In any
Minimum Amount Due before the Payment Due Date. You understand that by making
case, your liability for unauthorized use of your Account will not exceed $50.
a prepayment, the total amount you owe US will be reduced, but that you must pay the
Under MasterCard's zero liability policy, you will have no liability for unauthorized purchases
Minimum Payment Due in successive Billing Cycles as reflected in your Account Statement.
made using your Card and Account provided the following preconditions are met: (a) your
DETERMINATION OF FINANCE CHARGES
Account is in good standing, (b) you have exercised reasonable care in safeguarding your
Card from any unauthorized use (unauthorized use means that you did not provide, directly,
10. Monthly Periodic Rate.
by implication or otherwise, the right to use your Card and you received no benefit from the
We determine the Monthly Periodic Rate by dividing the applicable APR by 12.
unauthorized purchase); and (c) you have not reported two or more unauthorized events in the
11. Minimum Finance Charge.
past 12 months. MasterCard's zero liability policy does not apply if a PIN for a debit transaction
If you incur finance charges in any Billing Cycle that total less than $1.00, the finance charge
is used for the unauthorized purchase and does not apply to MasterCard-branded cards issued
that will be charged to your Account is $1.00.
for commercial, business or agricultural purposes, except for MasterCard commercial cards
used for small businesses as listed on www.mastercardbusiness.com. MasterCard's policies are
12. APR.
subject to change. Visit MasterCard's Zero Liability link at www.mastercard.com/zeolitify
(a) APR for Purchases and Cash Advances. Documents accompanying your Card, which are
6. Third-Party Claims or Defenses.
incorporated by reference into this Agreement, disclose the APR for Purchases and Cash
Advances in effect when your Account is opened.
We are not responsible if a third party refuses to accept or honor your Card or Account, even
if you have sufficient available credit. Except as required by Applicable Law, we will not be
(b) Variable APR for Purchases. If the APR for Purchases is a variable rate based on the WSJ
responsible for any claim or defense you may have against any third party that arises out of or
Prime Rate plus a margin, we will calculate the rate monthly by adding the applicable margin
in connection with any Transaction with your Account or Card or any services or goods or other
for those Transactions to the WSJ Prime Rate. (A "margin" is the percentage we add to the
property purchased or leased using your Account or Card.
WSJ Prime Rate to calculate the APR.) This APR may vary (increase and decrease), but will not
2
exceed 24.99% (corresponding Monthly Periodic Rate of 2.0825%). Any increase or decrease
balance for each type of Transaction is considered to be $0 for any day on which those portions
in the Prime Rate will result in an increase or decrease in your Monthly Periodic Rate and
of your Account have a credit balance. Then, we add all of the daily balances for the Current
the APR, and as a result, the finance charge and the Minimum Amount Due will change and may
Billing Cycle and divide the total by the number of days in the Current Billing Cycle. This gives
result in a smaller part of your payment being applied to reduce principal. We determine the
US an average daily balance of each type of Transaction for your Current Billing Cycle.
Prime Rate two days prior to the closing date of your Billing Cycle. Changes to the Monthly
(b) Finance Charges. No finance charges (other than International Transaction Fees) will be
Periodic Rate and corresponding APR for Purchases will be applied to your existing Account
imposed on Purchases if you pay in full the New Balance shown on the Account Statement
balance and to subsequent Transactions effective as of the first day of the Billing Cycle in which
for your Current Billing Cycle by the Payment Due Date. If you have not done SO, a finance
we determine the interest rate. If The Wall Street Journal does not publish the prime rate, or if it
charge will accrue from the transaction date on Purchases at the applicable APR for Purchases
changes the definition of prime rate, we may, at our sole discretion, substitute another index.
until the date payment in full is posted to your Account. A finance charge will be imposed on
(c) Changes to Rates. Subject to Applicable Law, we may change the Monthly Periodic
Cash Advances from the Transaction date and included in the average daily balance of Cash
Rate and corresponding APR for Purchases and Cash Advances if you are in default of this
Advances at the applicable APR for Cash Advances until the date payment in full is posted to
Agreement, or if we, in our sole discretion and from time to time, decide to take such action.
your Account. There is no grace period or time period within which to pay and avoid a finance
(Please see the sections of this Agreement entitled "Penalty APR for Payments Late by 60
charge on Cash Advances. The total finance charge for a Billing Cycle is the sum of the finance
Days or More," "Penalty APR for Other Default," "Changes to this Agreement" and "Default.")
charges for Purchases and Cash Advances. To compute the periodic rate portion of finance
(d) Introductory Purchase, Balance Transfer and Promotional APR Offers. At our discretion, we
charges for your Current Billing Cycle, we multiply the average daily balance of each type of
may offer you an introductory or promotional APR for all or a part of your Transactions. For
your Transactions in the Current Billing Cycle by the applicable Monthly Periodic Rates for that
example, we may offer you a promotional APR to encourage specific transactions, such as
cycle. Fees for Cash Advances and International Transactions, if any, are added to and included
transferring balances from accounts you have with others, or an introductory APR for Purchases
in the total finance charges for your Current Billing Cycle.
when you open an Account. The period of time for which the introductory or promotional APR
14. Credit Card Fees.
applies may be limited. Any introductory or promotional APR offer will be subject to the terms
Balance Transfer Fee. Unless your offer indicates otherwise, we will assess a finance
of the offer and this Agreement. If applicable, we will disclose information regarding any
charge in the form of a balance transfer fee equal to the greater of $5 or 4% of the total
introductory or promotional APRs and the period of time during which they are in effect in the
dollar amount of the balance you are transferring from another account to your Account.
document that accompanies your Card or in materials we send you about the offer after you
obtain your Card. If (i) we receive a Minimum Amount Due after its Payment Due Date; (ii)
Annual Fee. Your Card currently does not have an annual fee.
your total outstanding balance exceeds your Account credit limit on the closing date of a Billing
Cash Advance Fee. We will assess a finance charge in the form of a Cash Advance fee
Cycle; or (iii) (A) a check, similar instrument or electronic payment order that you have used
equal to the greater of $5 or 4% of the total dollar amount advanced for each Cash Advance
for payment on your Account has been returned to US unpaid for any reason, (B) we must
on your Account.
return a check or other instrument because it is not signed or is otherwise incomplete, or (C) a
Late Payment Fee. If we do not receive the Minimum Amount Due by the Payment Due
Convenience Check used to access your Account is not honored for any reason, we may adjust
Date, there is a late payment fee of $25. Any subsequent late fees will be $35 until you
the APR to the APR then in effect or the penalty APR, as applicable.
make your required Minimum Amount Due by the Payment Due Date for six consecutive Billing
(e) Penalty APR for Payments Late by 60 Days or More. Subject to Applicable Law, we reserve
Cycles. In any event, the late payment fee will not be greater than your Minimum Amount Due
the right to increase the APR to 24.99% (corresponding Monthly Periodic Rate of 2.0825%)
for the Billing Cycle for which your payment was late.
on all new and outstanding Account balances each time we do not receive at least the
International Transaction Fee. There is a finance charge in the form of a transaction
Minimum Amount Due within 60 days of its Payment Due Date, including when we do not
fee equal to 3% of the U.S. dollar amount of each Foreign Transaction. This fee will be in
receive the Minimum Amount Due because a check, similar instrument or electronic payment
addition to any other applicable transaction fees.
order that we receive as payment on your Account has been returned to US unpaid for any
Convenience Check Fee. Unless your offer indicates otherwise, we will assess a finance
reason, or we must return a check or other instrument because it is not signed or is otherwise
charge in the form of a convenience check fee equal to the greater of $5 or 4% of the total
incomplete. Once you become subject to this penalty APR, we may change your APR for
dollar amount of each convenience check used.
outstanding balances back to the respective APRs in effect for your Account (not including any
promotional APR), but only if you bring your Account current and then, for six (6) consecutive
We may institute a standard charge or charges for the issuance, reissuance or use of the Card or
Billing Cycles, you pay at least the Minimum Amount Due by the Payment Due Date. Any other
for the reinstatement of any Card or Account privileges which have been suspended, as well as an
variable or fixed APR that would otherwise apply to new and outstanding Account balances will
annual fee and per item fee for each Transaction, and you agree to pay US such charges and fees.
change to this penalty APR.
15. Foreign Currency Transactions.
(f) Penalty APR for Other Default. Subject to Applicable Law, we reserve the right to
If a Transaction is made in a foreign currency, we and MasterCard will convert the Transaction
increase the APR to 24.99% (corresponding Monthly Periodic Rate of 2.0825%) on all new
into a U.S. dollar amount. MasterCard will act in accordance with its operating regulations
Transactions on your Account that occur more than 14 days after we send you notice of the
or conversion procedures in effect at the time the Transaction is processed. Currently, its
increased APR each time (i) we receive a Minimum Amount Due after its Payment Due Date
regulations and procedures provide that the currency conversion rate used is either: (1) a
but before 60 days after its Payment Due Date; (ii) your total outstanding balance exceeds
wholesale market rate, or (2) a government-mandated rate in effect one day prior to the
your Account credit limit on the closing date of a Billing Cycle; or (iii) (A) a check, similar
processing date. The currency conversion rate calculated in this manner that is in effect on the
instrument or electronic payment order that you have used for payment on your Account has
processing date may differ from the rate in effect on the transaction date or the posting date.
been returned to US unpaid for any reason, (B) we must return a check or other instrument
because it is not signed or is otherwise incomplete, or (C) a Convenience Check used to access
16. Billing Errors.
your Account is not honored for any reason. Once you become subject to this penalty APR, we
A statement of your right to dispute billing errors appears below.
may change your APR back to the respective APRs in effect for your Account (not including any
YOUR BILLING RIGHTS - KEEP THIS NOTICE FOR FUTURE USE
promotional APR), but only if you bring your Account current (if applicable), and then for six
(6) consecutive Billing Cycles, you pay at least the Minimum Amount Due by the Payment Due
This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act.
Date and do not exceed your Account credit limit. Any other variable or fixed APR that would
What To Do If You Find a Mistake on Your Statement. If you think there is an error on
otherwise apply to new Account balances will change to this penalty APR.
your statement, write to US at: Fifth Third Bank, MD 1MOC2G, 38 Fountain Square Plaza,
Cincinnati, Ohio 45263.
13. Balance Subject to Finance Charge and Finance Charges.
(a) Balance Subject to Finance Charge. We will treat all fees (including Credit Insurance/
In your letter, give US the following information:
Debt Protection Plan fees but excluding Cash Advance fees) as Purchases for the purpose of
Account Information: Your name and Account number.
computing the average daily balance for Purchases. We will treat Cash Advance fees as Cash
Dollar amount: The dollar amount of the suspected error.
Advances for the purpose of computing the average daily balance for Cash Advances. We
Description of Problem: If you think there is an error on your bill, describe what you believe is
calculate the balances of Purchases that are subject to a finance charge separately, based on
wrong and why you believe it is a mistake.
the average daily balance of those Purchases in the Current Billing Cycle. We calculate the
balance of Cash Advances that is subject to a finance charge separately, based on the average
You must contact US:
daily balance of those Cash Advances in the Current Billing Cycle. To determine the average
Within 60 days after the error appeared on your statement.
daily balance for each type of Transaction (that is, Purchases and Cash Advances) during the
At least 3 Business Days before an automated payment is scheduled, if you want to stop
Current Billing Cycle, we take the beginning balance of each type of Transaction each day, add
payment on the amount you think is wrong.
any new Transactions of that type, and subtract any payments or credits applied to that type
of Transaction that day. This gives US the daily balance for that type of Transaction. The daily
You must notify US of any potential errors in writing. You may call US, but if you do, we are not
required to investigate any potential errors and you may have to pay the amount in question.
3
What Will Happen After We Receive Your Letter.
remove that person's ability to use your Account or Card, you must notify US in writing. This
When we receive your letter, we must do two things:
notice will not be effective until we receive and have had a reasonable opportunity to act on it.
1. Within 30 days of receiving your letter, we must tell you that we received your letter. We
OUR RIGHTS AND HOW THEY AFFECT YOU
will also tell you if we have already corrected the error.
20. Delays in Enforcement.
2. Within 90 days of receiving your letter, we must either correct the error or explain to you
We can delay enforcing or not enforce any of our rights under this Agreement without losing
why we believe the bill is correct.
our right to enforce them in the future. For example, we may accept late payments or
While we investigate whether or not there has been an error:
payments that are marked "payment in full" or with other restrictive endorsements without
We cannot try to collect the amount in question, or report you as delinquent on that amount.
losing any of our rights under this Agreement.
The charge in question may remain on your statement, and we may continue to charge you
21. Termination.
interest on that amount.
Subject to Applicable Law, we may terminate this Agreement or revoke your right to use your
While you do not have to pay the amount in question, you are responsible for the remainder
Account or Card, along with your right to make future Transactions, at any time and for any
of your balance.
reason without notice to you. You or anyone you authorized to use the Card or Account may
We can apply any unpaid amount against your credit limit.
terminate your Account and use of your Card at any time by calling US at 1-800-972-3030,
or writing to US at Fifth Third Bank, MD 1MOC2G, 38 Fountain Square Plaza, Cincinnati,
After we finish our investigation, one of two things will happen:
Ohio 45263. Any request to terminate your Account will be effective after we have had a
If we made a mistake: You will not have to pay the amount in question or any interest or
reasonable opportunity to act on such request. The termination of this Agreement, whether
other fees related to that amount.
initiated by US or you, will not affect any of your or our rights and obligations under this
If we do not believe there was a mistake: You will have to pay the amount in question,
Agreement. If this Agreement is terminated, you must still repay any amounts you owe US,
along with applicable interest and fees. We will send you a statement of the amount you
even if we allow a Transaction to be completed with your Account or Card after this Agreement
owe and the date payment is due. We may then report you as delinquent if you do not pay
has been terminated. You agree to give to US or to destroy all of the Cards issued on your
the amount we think you owe.
Account when we ask you to or when this Agreement is terminated. If someone attempts to
use a Card after this Agreement is terminated, the Card may be retained. A Card also may be
If you receive our explanation but still believe your bill is wrong, you must write to US within
retained when you try to use it when certain other events occur.
10 days telling US that you still refuse to pay. If you do SO, we cannot report you as delinquent
without also reporting that you are questioning your bill. We must tell you the name of anyone
22. Default.
to whom we reported you as delinquent, and we must let those organizations know when the
Subject to Applicable Law, your Account will be in default under this Agreement if any one
matter has been settled between US.
of the following occurs: (a) you become generally unable to pay your debts, (b) you die
If we do not follow all of the rules above, you do not have to pay the first $50 of the amount
or are declared legally incompetent, (c) you use a check or instrument for payment that is
you question, even if your bill is correct.
dishonored, (d) you fail to pay the Minimum Amount Due on or before your Payment Due
Your Rights If You Are Dissatisfied With Your Credit Card Purchase. If you are dissatisfied with
Date, (e) any other creditor tries by legal process to take money of yours in our possession,
the goods or services that you have purchased with your Card and Account, and you have tried
(f) a petition is filed or other proceeding is commenced by or against you under the federal
in good faith to correct the problem with the merchant, you may have the right not to pay the
bankruptcy act or any other applicable federal or state insolvency laws, (g) you provide US
remaining amount due on the Purchase. To use this right, all of the following must be true:
with any false or misleading information, (h) you breach any of your other obligations under
this Agreement, (i) you exceed your Account credit limit, (j) you are in default of any other
1. The Purchase must have been made in your home state or within 100 miles of your current
credit agreement you have with US or any of our affiliates, or (k) we believe in good faith that
mailing address, and the Purchase price must have been more than $50. (Note: Neither of
you may not pay or perform your obligations under this Agreement. The payment of any fee
these are necessary if your purchase was based on an advertisement we mailed to you, or if
charged by US will not cure the default that caused the fee.
we own the company that sold you the goods or services.)
23. Our Additional Rights When You Are in Default.
2. You must have used your Card for the Purchase without the PIN access. Purchases made
with Cash Advances from an ATM or made using your PIN do not qualify.
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,
3. You must not yet have fully paid for the Purchase.
(b) allow you to repay your Account subject to the terms and conditions of this Agreement,
If all of the criteria above are met and you are still dissatisfied with the Purchase, contact US in
(c) immediately terminate your Account and cancel all Cards, (d) reduce your Account credit
writing at: Fifth Third Bank, MD 1MOC2G, 38 Fountain Square Plaza, Cincinnati, Ohio 45263.
limit or otherwise limit your ability to make Transactions as discussed in this Agreement,
While we investigate, the same rules apply to the disputed amount as discussed above.
(e) commence a legal proceeding against you to collect all amounts owed in connection
with this Agreement, or (f) increase the APR for Purchases and Cash Advances. We also may
After we finish our investigation, we will tell you our decision. At that point, if we think you
charge you court costs and reasonable attorneys' fees that we actually incur, as permitted
owe US an amount and you do not pay, we may report you as delinquent.
by Applicable Law, if your Account is sent for collection to an attorney who is not our salaried
GENERAL PROVISIONS
employee. We will not be obligated to honor any attempted use of your Card or your Account
if your Account is in default, or we have decided to terminate your Account or limit your ability
17. Accepting this Agreement.
to make Transactions as discussed in this Agreement. Except as otherwise provided for in this
This Agreement will be effective on either the date you sign or otherwise submit an application
Agreement, finance charges will continue to accrue at the APR in effect at the time of default
for the Account that we approve or the date you use, or someone you authorized uses, the
until your total Account balance, including such accrued finance charges, is paid in full. You
Card or the Account, whichever is earlier. You agree that by using the Account or the Card,
agree that, subject to Applicable Law, if your Account is in default under this Agreement,
signing a Card application or other Account document or otherwise accepting the Account or the
you will accept calls from US at your home and your place of business regarding collection of
Card, you accept the terms and conditions of this Agreement.
your Account. You understand and agree that the calls to your home may be automatically
18. Promise to Pay.
dialed and a recorded message may be played. You agree such calls will not be considered
By using your Card or your Account, you promise to pay US for all Transactions made with your
"unsolicited" calls or telemarketing calls for purposes of state or federal law.
Card or on your Account, as well as any fees, finance charges or other charges.
24. Reevaluation of Financial Condition and Credit History.
If this is a joint Account, each of you, together and individually, is responsible for all amounts
We may reevaluate your financial condition and investigate any information you provided on
owed, even if only one of you uses the Card or Account.
your Account application at any time. In the course of doing so, we may obtain a current credit
19. Your Responsibility.
report and 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
You are responsible for all Transactions and other amounts posted to your Account arising from
US your permission to obtain any information about you that we believe would be beneficial
the authorized use of your Account or Card. If you have authorized another person to use
to facilitate our determination of your eligibility for the Account and the Card, including credit
your Account or Card in any way, we will deem your authorization to include the authorization
reports from consumer reporting agencies. We may, as a result of any such re-evaluation, deem
to make Transactions of any kind using your Account or Card and to incur related fees and
your Account to be in default.
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 for controlling any person
25. Telephone Monitoring and Recording.
whom you have asked US to add to your Account or someone you let use your Account or
You acknowledge that your telephone calls and other communications you provide to US may
Card. You should think carefully before allowing anyone to become an authorized user on your
be monitored and recorded for training and quality control purposes. You agree that we may
Account because you are allowing that person to use the Account as you can. If you wish to
monitor, record, retain and reproduce your telephone calls and any other communications
4
you provide to US, regardless of how transmitted to US, as evidence of your authorization to
prior notices we have sent you regardless of whether you have access to your Card or Account.
act in connection with any Transaction, your Account or other service contemplated by this
if you reject a change that we make, we will close your Account. No change to any term of this
Agreement. We will not be liable for any losses or damages that are incurred as a result
Agreement will affect your obligation to pay all amounts you owe under this Agreement.
of these actions. We are not, however, under any obligation to monitor, record, retain or
reproduce such items, unless required to do SO by Applicable Law.
28. Waiver of Rights.
Except as may be prohibited by Applicable Law, you agree to waive any right you may have
26. Arbitration.
for US to act promptly in bringing any action(s) against you (known as diligence); to demand
You and we each agree that any Claim will be arbitrated instead of litigated in court under the
payments of amounts due (known as presentment); to obtain an official certification of non-
circumstances and procedures set forth below. Any Claim will be resolved upon the election of
payment (known as protest); and to give notice that amounts due will not be paid (known as
arbitration by you or US pursuant to this provision and the AAA Rules in effect at the time the
notice of dishonor or notice of default and non-payment).
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 utilizing similar rules and
29. Change of Address.
procedures will be substituted by US.) With respect to Claims covered by this provision, a party
We will rely on the address we have for you in our records for any Account communications
who has asserted a Claim in a lawsuit in court may elect arbitration with respect to any Claim
we send to you unless and until either you or the U.S. Postal Service notifies US of a change of
subsequently asserted in that lawsuit by any other party or parties.
address and we have had a reasonable opportunity to act on such notice. If your Account is a
IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER YOU NOR
joint Account, each of you appoints the other as your agent to designate the address to which
WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT
any and all Account communications, including the Account Statement, may be sent to you.
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
30. Correspondence.
MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION.
To the extent permitted by Applicable Law, any communication you send to US will not
be effective until we receive it and have had a reasonable opportunity to act on it. Any
EXCEPT AS SET FORTH BELOW, THE ARBITRATOR'S DECISION WILL BE FINAL AND BINDING.
communication we send to you will, however, be effective and deemed delivered when mailed
NOTE THAT OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO NOT
to you at your address as it appears on our records.
BE AVAILABLE IN ARBITRATION.
The AAA Rules and forms of the AAA may be obtained by calling 1-800-778-7879 or by
31. Assignment.
visiting the AAA's Web site at www.adr.org. All Claims must be filed at any AAA office.
You may not sell, assign or transfer your Account or Card or any of your rights and obligations
There will be no authority for any Claims to be arbitrated on a class action basis. Any arbitration
under this Agreement. We may, however, sell, assign or transfer your Account, or any balance
hearing that you attend will take place in the federal judicial district in which you reside. At
due thereunder, and our rights and obligations under this Agreement to another entity without
your written request, we will temporarily advance up to $500 towards the filing, administrative
your consent and without prior notice. That entity will take our place in this Agreement.
and/or hearing fees for any Claim that you may file against US after you have paid an amount
32. Severability.
equivalent to the fee, if any, for filing such a Claim in state or federal court (whichever is less)
in the judicial district in which you reside. At the conclusion of the arbitration, the arbitrator will
If any provision of this Agreement is deemed to be void or unenforceable by a court of
decide who will ultimately be responsible for paying the filing, administrative and/or hearing
competent jurisdiction, or any governmental agency, that provision will continue to be
fees in connection with the arbitration. Unless inconsistent with Applicable Law, each party will
enforceable to the extent permitted by that court or agency, and the remainder of that
bear the expense of that party's attorneys', experts' and witness fees, regardless of which
provision will no longer be considered as part of this Agreement. All other provisions of this
party prevails in the arbitration.
Agreement will, however, remain in full force and effect.
This provision is made pursuant to a transaction involving interstate commerce and will be
33. Governing Law.
governed by the FAA, 9 U. S. C. §§ 1 et seq., as amended. The arbitrator will apply applicable
This Agreement is entered into between you and US in the State of Ohio, and your Card,
substantive law consistent with the FAA and applicable statutes of limitations and will honor
Account and this Agreement, and any claim, dispute or controversy arising from or relating
claims of privilege recognized at law. Judgment upon the award rendered by the arbitrator
to your Card, Account or this Agreement, whether based in contract, tort, fraud or otherwise
may be entered in any court having jurisdiction. The arbitrator's decision will be final and
and regardless of the place where you live, is governed by, and construed in accordance
binding, except for any right of appeal provided by the FAA and except that, if the amount
with, the laws of the State of Ohio, without regard to Ohio's conflict of laws principles, and
in controversy exceeds $100,000, any party can appeal the award to a three-arbitrator
applicable federal laws and regulations. The legality, enforceability and interpretation of this
panel administered by the AAA, which will reconsider de novo any aspect of the initial award
Agreement and the amounts contracted for under this Agreement also are governed by Ohio
requested by the appealing party. The decision of the panel will be by majority vote. The
law and applicable provisions of federal law, and all amounts granted under this Agreement are
costs of such an appeal will be borne by the appealing party regardless of the outcome of the
extended from the State of Ohio.
appeal. As solely used in this provision, the terms we and US will for all purposes mean Fifth
Third Bank, all of its parents, wholly- or majority-owned subsidiaries, affiliates, predecessors,
34. Entire Agreement.
successors and assigns, and all of their independent contractors, agents, employees, directors
You acknowledge that this Agreement, as amended from time to time, and the documents
and representatives.
accompanying your Card, which are incorporated by reference into this Agreement, make up
This provision will survive termination of your Account, as well as the repayment of all
the entire agreement between you and US and supersedes and may not be contradicted by
outstanding amounts incurred in connection with this Agreement. If any portion of this provision
evidence of any prior or contemporaneous written or oral communications and understandings
is deemed invalid or unenforceable under any law or statute consistent with the FAA, it will not
between you and US concerning the Card and Account. Neither you nor we intend that
invalidate the remaining portions of this arbitration provision or the Agreement. In the event of
anything in this Agreement should result in the assessment of fees or charges in excess of
a conflict or inconsistency between the AAA Rules and this arbitration provision, this provision
those permitted by Applicable Law. If any fee or charge assessed under this Agreement is
will govern.
finally determined to be in excess of that permitted by Applicable Law, the excess amount
will be applied to reduce the outstanding balance in your Account or, if there is no outstanding
27. Changes to this Agreement.
balance, will be refunded to you. You agree that any documentation provided to you that
Subject to Applicable Law, we can change this Agreement at any time, regardless of whether
indicates that a Transaction was made shall be admissible as evidence of such Transaction and
you have access to your Card or Account, by adding, deleting or modifying any provision
shall be proof that such transaction or transfer was made.
(including increasing any rate of finance charge, increasing or adding fees or charges (including
35. Questions.
annual fees), changing the method of computing balances subject to finance charge, changing
your Account credit limit, changing the date upon which finance charges begin to accrue,
If you have any questions about this Agreement or your Card or Account, please contact
changing the Minimum Amount Due or limiting the number or amount of Transactions on your
US at 1-800-972-3030.
Account). Any such changes will generally be effective immediately unless we are required by
36. Section Headings.
Applicable Law to provide you with advance written notice of the proposed changes. If this is
the case, those changes will be effective immediately following the effective date stated in
The Section headings used in this Agreement are only meant to organize this Agreement,
the notice. Subject to Applicable Law, any such changes will apply to your outstanding Account
and do not in any way limit or define your or our rights or obligations hereunder.
balance on the effective date of the change and to any future balances created after that date.
If we give you the right to reject a change (whether because it is required by Applicable Law or
otherwise), and you do not notify US by the date stated in a notice, or if you notify US but then
use your Card or Account after the date stated 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
5
READY RESERVE
Internet Banking - transfers of funds or bill payments from your savings account
to third parties or to other deposit accounts at Fifth Third.
37. Ready Reserve.
Preauthorized ACH or electronic transfers.
If you have applied and been approved for the Ready Reserve feature of your Account, you can
authorize automatic transfers from your Account into any checking account for which you have
Fifth Third Telephone Banking or any money management payments
requested and been approved for Ready Reserve, in order to cover an overdraft on such account
from your savings account.
and any applicable service charge. If you overdraw such a checking account with US on any
Point-of-sale transactions with a debit card.
day, we may charge your Account for a Cash Advance in an amount equal to the overdrawn
Checks or drafts payable to third parties.
amount or $50, whichever is greater, in order to eliminate the overdraft, together with any
applicable fees and service charges.
(e) Notification of Excessive Transfers and Fee: We will send you notice after the first and second
month of excessive withdrawals or transfers. After three instances of exceeding the allowable
EFT SERVICES
number of withdrawals or transfers, your savings account may be closed and funds placed
in a checking account, or you may be offered other options to eliminate future excessive
HOW TO ACCESS YOUR BANK ACCOUNT USING YOUR CARD
transfers, including but not limited to, removal of the savings account's transfer and draft
capabilities. A fee of $5 will be assessed for each preauthorized or automatic withdrawal or
38. Use of Card for EFT Services.
transfer over six per statement cycle (not applicable to Goal Setter Savings or ETA).
You may use your Card as an ATM or debit card by entering your PIN to access the funds in
your Bank Account. Debit Transactions initiated with your Card and your PIN will appear on the
(f) For security reasons, there are limits on the amount of cash withdrawals from your
statement we send you for your Bank Account (while Credit Transactions will appear on your
Bank Account that may be made from Fifth Third ATMs or other ATMs.
Account Statement).
(g) There are limits on the amount of cash you may withdraw or transfer immediately after
If you use your Card with your PIN, the following additional terms and conditions apply and are
you make a deposit.
provided to you in accordance with the requirements of federal law.
(h) You may place a stop payment order on a preauthorized EFT from your Account by
notifying US orally or in writing at least three (3) Business Days before the scheduled date
39. ATM Transaction Charges.
of the transfer.
Your Bank Account, your Account or any other deposit or line of credit account that you are
(i) Once you have placed a stop payment order on a preauthorized transfer, we will not
accessing may be subject to charges when using an ATM that does not display the Fifth Third
make any more preauthorized transfers to the person or company that you were going
logo. Also, when you use an ATM not owned by US, you may be charged a fee by the ATM
to pay until we receive a new written authorization from you.
operator or any network used (and you may be charged a fee for a balance inquiry even if you
do not complete a fund transfer).
(j) No deposits or withdrawals may be made to or from a dormant deposit account through
Fifth Third ATMs or other ATMs.
40. Types of EFTs.
(k) For security reasons, there may be other limits on the number and amount of transactions
If you use your Card and your PIN, you may:
you can make using the Jeanie system.
(a) withdraw cash from your Bank Account;
(I) The Card carries daily limits on the dollar amount of purchases made with the Card and PIN
(b) obtain a Cash Advance from your Account;
and cash withdrawals you can make. Daily limits are assigned for your protection. There
(c) make deposits to your Bank Account (note: Money Station ATMs will not accept deposits
is a $510 daily limit on cash withdrawals at ATMs and a $4000 daily limit on purchases
greater than $10,000. We reserve the right to reject deposits in excess of $10,000 at any
made with the Card and PIN. To find more information on your daily limits or to request a
ATM displaying the Jeanie logo);
change to your specific limits, please contact Customer Service at 1-800-972-3030 or visit
your local Fifth Third Banking Center. We may in our sole discretion decide not to make
(d) transfer funds between your checking, savings, or line of credit accounts;
any change to your specific limits.
(e) pay bills directly from your Bank Account to parties that have been identified and have
(m) We may adjust these daily limitations on cash withdrawals and purchases made with
agreed to accept your payments, provided that your Bank Account is a checking account
the Card and PIN from time to time and subject to applicable law, based on periodic risk
and the payment is made in accordance with our procedures; and
assessments or upon request. Any such changes will generally be effective immediately
(f) pay for purchases from your Bank Account at places that have agreed to accept your Card.
unless we are required by applicable law to provide you with advance written notice of
You may also be able to use your Card and PIN at certain ATMs to withdraw cash from
the proposed changes. In such instances, those changes will be effective immediately
other deposit accounts you have with US. If you use your Card and your PIN to pay for
a
following the effective date stated in the notice.
Purchase from a merchant or to withdraw cash from an ATM, you authorize US to debit your
42. Error Resolution Process.
Bank Account for the total amount of the Transaction as shown on any sales draft or withdrawal
IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR ELECTRONIC TRANSFERS, telephone US at
order originated by use of your Card and PIN. We will handle such sales drafts or withdrawal
1-800-972-3030 or write US at Fifth Third Bank, MD 1MOC2G, 38 Fountain Square Plaza,
orders in the same way we handle checks and other items drawn on your Bank Account, with
Cincinnati, Ohio 45263 as soon as you can if you think your statement or receipt is wrong or
the exception that you will have no right to stop payment. Some of these services may not
if you need more information about a transfer listed on the statement or receipt. We must hear
be available at all terminals, may be limited by third parties and are subject to the limitations
from you no later than sixty (60) days after we sent the FIRST statement on which the error
described in this Agreement and other rules, regulations and agreements that apply to your Bank
or problem appeared.
Account or your Card. You may perform other transfers as we expand the types of available
transfers in the future. We will notify you as to the nature and frequency of those transfers.
(a) Tell US your name and deposit account number (if any).
(b) Describe the error or the transfer you are unsure about, and explain as clearly as you can
41. Limitations on Types and Frequency of Electronic Banking Transfers.
why you believe it is an error or why you need more information.
Electronic banking services, including Card Transactions, and payments are subject to the
(c) Tell US the dollar amount of the suspected error.
following limitations:
If you tell US orally, we may require that you send US your complaint or question in writing
(a) Due to certain state banking laws currently in effect, you may not be able to make deposits
within ten (10) Business Days. We will determine whether an error occurred within ten (10)
at certain locations.
Business Days after we hear from you and will correct any error promptly. If we need more
(b) The immediate use of deposited funds is restricted by our rules, regulations and agreements
time, however, we may take up to forty-five (45) calendar days to investigate your complaint
governing deposit accounts.
or question. If we decide to do this, we will credit your deposit account within ten (10)
(c) Cash withdrawals from Fifth Third ATMs or other ATMs may be made only from individual or
Business Days for the amount you think is in error, SO that you will have the use of the money
joint personal deposit accounts and not from any other accounts.
during the time it takes US to complete our investigation. If we ask you to put your complaint
(d) Savings Account Transaction Policies.
or question in writing and we do not receive it within ten (10) Business Days, we may not
credit your deposit account.
Unlimited Transactions. You may make an unlimited number of payments from your
savings account(s) to your Fifth Third installment, mortgage or credit card accounts.
For errors involving new deposit accounts, POS or foreign-initiated transactions, we may take
up to ninety (90) calendar days to investigate your complaint or question. For new deposit
Transfer/Withdrawal Restrictions. You are limited to six of the following transactions
accounts, we may take up to twenty (20) Business Days to credit your deposit account for the
from your savings accounts each month.
amount that you think is in error. We will tell you the results within three (3) Business Days
Preauthorized or automatic withdrawals/transfers include, but are not limited to:
after completing our investigation. If we decide that there was no error, we will send you a
Automatic transfers from your savings account to cover an overdraft.
written explanation. You may ask for copies of the documents that we used in our investigation.
6
43. Debit Card Fees.
50. Services.
ATM Mini Statement
$1.50
If you use the Card and PIN for Fifth Third Bank Telephone Banking or other telephone banking
International Point of Sale/ATM Transaction Fee
3% of transaction
or Fifth Third Internet Banking and Bill Payment, and we approve such use of the Card, we will
Non-Fifth Third ATM Transaction
$2.00 per transaction
transfer money in your Bank Account with US or accounts over which you have the authority to
withdraw or transfer funds to the accounts of designated merchants. Such transfer will be made
Excessive preauthorized or automatic withdrawal or transfer fee
$5 per transaction over
upon your instructions by use of a telephone, or by other means acceptable to US.
six per statement cycle
You agree to allow a reasonable period of time (at least five (5) Business Days) for a merchant
You agree that we may charge and deduct from your Bank Account (or any other account that
to receive the payment. We will not be responsible for any delays caused by mail service or
you maintain with US primarily for personal, family or household purposes, as necessary) any
others. In no case will we be liable for any interest or late payment charges assessed by a
charges associated with or incurred in connection with the use of your Card.
merchant or termination of service caused by a delay in a merchant's receipt of the payment.
44. Disclosure of Bank Account Information to Third Parties.
You agree to notify US of any change in your address or account with a merchant, including
We take our responsibility to protect the confidentiality of your financial information very
change of account number.
seriously. It is our policy never to share information about you, your Bank Account or the
51. Card Cancellation, Revocation or Limitation.
transfers made using your Card with third parties, including marketing companies, except in the
Your Card may be cancelled, revoked or limited in its use at any time by US or our agent.
situations noted below. Specifically, we will disclose such information:
(a) where it is necessary for completing transfers;
OTHER FEES
(b) in order to verify the existence and condition of your Bank Account for a third party, such as
52. Card Replacement Fees
a credit bureau or a merchant;
Expedited Card Delivery Fee. There is a delivery fee of $30 per Account if delivery of
(c) in order to comply with government agency or court orders, such as a lawful subpoena;
your Card is expedited.
(d) if you give US your written permission;
Replacement Card Fee. We will assess a replacement card fee of $10 if we replace your
(e) in the investigation or prosecution of alleged fraudulent activity concerning your
Card at your request.
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 Account using a Fifth Third ATM or any other electronic banking terminal.
46. Your Liability.
Tell US AT ONCE if you believe your Card or PIN, or both, have been lost, stolen or used (or
may be used) or that a transfer has been or may be made with your Card or PIN without your
permission. Telephoning is the best way of keeping your possible losses down. You could lose
all the money in your Bank Account (plus your savings or credit account if you have a checking
account with an overdraft protection feature). If you tell US within two (2) Business Days after
you learn of the loss or theft of your Card or PIN, you can lose no more than $50 if someone
used your Card or PIN without your permission.
If you do NOT tell US within two (2) Business Days after you learn of the loss or theft of your
Card or PIN, and we can prove that we could have stopped someone from using your Card or
PIN without your permission if you had told US, you could lose as much as $500.
Also, if your statement shows transfers that you did not make, including those made by Card, PIN
or other means, tell US at once. If you do not tell US within sixty (60) days after the statement
was mailed to you, you may not get back any money you lost after the sixty (60) days if we can
prove that we could have stopped someone from taking the money if you had told US in time.
If a good reason (such as a long trip or hospital stay) kept you from telling US, we will extend
the time period for a reasonable time.
47. Business Days.
For purposes of the section of this Agreement entitled Ready Reserve and EFT Services, our
Business Days are Monday through Friday. Holidays are not included.
48. Contacts in the Event of Unauthorized EFTs.
If you believe that your Card or PIN has been lost or stolen or that someone has made or
authorized or may authorize a transfer from your Bank Account without your permission,
you should call US at 1-800-782-0279.
49. Authorized Use.
You agree that, if you authorize another person to use your Account, Bank Account, Card
or PIN in any manner, your authorization will be deemed to include the authorization to
perform electronic banking services of any kind using your Account, Bank Account, Card or PIN
and to incur related fees and charges, even if that person exceeds your authorization. Your
authorization will be deemed to continue until you have taken all steps necessary to revoke it
by preventing such use by that person.
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.
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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
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DUO Card Fees and Credit Disclosures
Interest Rates and Interest Charges
Annual
Percentage
0% introductory APR for the first 12 Billing Cycles.
How We Will Calculate Your Balance: We use a method called "average daily
balance (including new purchases)."
Rate (APR)
After that, your APR will be
12.99% to
23.99%,
for
based on your credit worthiness. This APR will vary with the
Loss of Introductory APR: We may end your introductory APR for Purchases and
Purchases:
market based on the WSJ Prime Rate.
Balance Transfers and apply the APR in effect or the Penalty APR if you make a late payment,
make a payment that is returned or use a Convenience Check that is not honored.
APR for
0% introductory APR for the first 12 Billing Cycles.
Balance
After that, your APR will be the standard APR for Purchases and
The introductory APR for Purchases and Balance Transfers is 0% for the first 12 billing cycles.
Transfers:
will be 12.99% to 23.99%, based on your credit worthiness.
Thereafter, the APR for Purchases and Balance Transfers is 12.99% to 23.99%, depending
This APR will vary with the market based on the WSJ Prime Rate.
on your credit worthiness. The APR for Cash Advances and Penalty is 24.99%.
APR for Cash
24.99%
Advances
The Monthly Periodic Rate for introductory Purchases and Balance Transfers is 0.0000%.
The Monthly Periodic Rate for Purchases and Balance Transfers after the introductory period
Penalty APR
24.99%
has ended will be 1.0825% to 1.9992%, depending on your credit worthiness. The Monthly
and When it
This APR may be applied to your Account if you:
Periodic Rate for Cash Advances and Penalty is 2.0825%.
Applies
1) Make a late payment;
2) Make a payment that is returned;
The margin added to the WSJ Prime Rate for the APR for Purchases and Balance Transfers
3) Use a Convenience Check that is not honored.
is 9.74% to 20.74% depending on your credit worthiness. Your margins are the portions
How Long Will the Penalty APR Apply? If your APRs
of your interest rates added to the Index value (WSJ Prime Rate) used to determine your
are increased because you are 60 days late, the Penalty APR
APRs.
will apply until you make six consecutive minimum payments
when due. If your APRs are increased for other reasons listed
Information contained in this Fifth Third Bank Disclosure is accurate as of 8/24/11. and is
above, the Penalty APR will apply for an indefinite period of time.
subject to change thereafter.
How to
Your due date is at least 21 days after the close of each Billing
The WSJ Prime Rate means the prime rate published in the "Money Rates" section of
Avoid Paying
Cycle. We will not charge you interest on Purchases if you pay
the online version of The Wall Street Journal. We determine the WSJ Prime Rate two days
Interest on
your entire balance by the due date each month.
prior to the closing date of your Billing Cycle. Changes to the Monthly Periodic Rate and
Purchases
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
Minimum
If you are charged interest, the charge will be no less than $1.00.
the interest rate. Any increase or decrease in the WSJ Prime Rate will result in an increase
Interest
or decrease in your Monthly Periodic Rate and the APR, and as a result, the finance charge
Charge
and the Minimum Amount Due will change and may result in a smaller part of your payment
being applied to reduce principal.
FEES
Annual Fees
Explanation of Balance Subject to Interest Charges: We figure the interest
charge on your account by applying the periodic rate to the "average daily balance" of your
Annual Fee
None
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
Transaction Fees
daily balance. Then, we add up all the daily balances for the billing cycle and divide the total
Balance
Either $5 or 4% of the amount of each transfer, whichever is
by the number of days in the billing cycle. This gives US the "average daily balance."
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
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