PRICING INFORMATION
CLASSIC & PLATINUM
AS OF 12/31/15
Variable Annual Percentage Rates (APRs) and corresponding periodic rates for Purchase and Balance Transfer balances:
Prime* plus a margin of 5.25% - 15.50% (8.75% - 19.00% APR)
Corresponding monthly periodic rates of (0.729% - 1.461%)
Variable Annual Percentage Rate (APR) and corresponding periodic rate for Cash Advance balances
Prime* plus a margin of 16.25% (19.75% APR)
Corresponding monthly periodic rate of (1.646%)
*APRs may increase or decrease for each new billing cycle based on changes in the U.S. Prime Rate published in The Wall Street Journal
("Prime"). Each APR will equal the sum of Prime plus the applicable margin ("Margin"). Margin means the percentage points added to the
Prime Rate to calculate the APR. An increase in your rates will increase your interest charges and may increase your minimum monthly
payment. Your rates will not exceed the maximum we are allowed to charge under applicable law.
Penalty APR and when it applies: None
Paying Interest:
Your due date is at least 24 days after the close of each billing cycle.
Purchases: We will not charge you interest on purchases if you pay your New Balance by the Payment Due Date
shown on your statement each month.
Balance Transfers: We will not charge you interest on balance transfers if you pay your New Balance by the Payment Due
Date shown on your statement each month.
Cash Advances - We will charge you interest on Cash Advances from the date of posting.
Minimum Interest Charge: Charged interest will be no less than $.50.
Fees: Annual Fee: $0
Transaction Fees:
Balance Transfer:
$0
Cash Advance:
3% of each new Cash Advance (not less than $10 per transaction)
Foreign Transaction:
3% of each transaction converted to US Dollars
Penalty Fees:
Late Payment:
Up to $35
Over-the-Credit Limit:
$0
Returned Payment:
Up to $35
How we will calculate your balance: We use a method called "average daily balance (including new purchases, balance transfers and
cash advances)".
Calculating Average Daily Balance - Purchase Balance and Balance Transfers. You will have a grace period during which we will not
impose an interest charge on Purchases and Balance Transfers if you pay in full your New Balance by the Payment Due Date shown on
the billing statement each month. Otherwise, we will impose a periodic interest charge on the average daily balance of Purchases
and
Balance Transfers. To determine this average daily balance, we (a) start with the previous Purchase and Balance Transfer balances at the
beginning of each new billing cycle and subtract any unpaid interest charge and unpaid fees which were included in those balances; (b)
determine the Purchase and Balance Transfer balances for each day of the billing cycle by subtracting any payments and credits applied to
the Purchase and Balance Transfer balances and by adding new Purchases and Balance Transfers; and (c) at the end of the billing cycle,
add these daily balances and divide the total by the number of days in the billing cycle to determine the average daily balance for
Purchases and Balance Transfers. We then multiply this average daily balance by the monthly periodic rate that applies to Purchases and
Balance Transfers to determine the amount of your periodic interest charge on Purchases and Balance Transfers.
Calculating Average Daily Balance - Cash Advance Balance. There is no grace period for Cash Advances. We will impose a periodic
interest charge on the average daily balance of Cash Advances. To determine this average daily balance, we (a) start with the previous
Cash Advance balance at the beginning of each new billing cycle and subtract any unpaid interest charge and unpaid fees which were
included in that balance; (b) determine the Cash Advance balance for each day of the monthly billing cycle by subtracting payments and
credits applied to the Cash Advance balance and adding new Cash Advances; and (c) at the end of the billing cycle, add these daily
balances and divide the total by the number of days in the billing cycle to determine the average daily balance for Cash Advances. We
then multiply this average daily balance by the monthly periodic rate that applies to Cash Advances. The result is your periodic interest
charge on Cash Advances.
CARDHOLDER AGREEMENT
and Disclosures Under The Federal Truth In Lending Act
Agreement and Definitions
1
Changes In Terms
1
Using Your Account
1
Introductory Rates
1
Standard (Variable) Rates
2
Promise to Pay
2
Credit Limit
2
Billing Statements
2
Making Payments
3
Effects of Making Minimum Payments
3
Application of Payments
3
New Balance
3
Minimum Payment Calculation
3
Form of Payments
3
Payment Processing
3
Visa Money Transfer
4
Finance Charges
4
Interest Charges
4
Foreign Currency Transactions
4
Paying Interest
4
Grace Period for Purchases
4
Grace Period for Balance Transfers
4
Cash Advances
4
Calculating Average Daily Balance
4
Purchase Balance
4
Balance Transfer Balance
5
Cash Advance Balance
5
Other Fees and Charges
5
Cash Advance Fee
5
Returned Payment Fee
5
Late Payment Fee
5
Collection Costs and Attorneys Fees
5
Security Interest
5
Account Use by Others
5
Notices
6
Default/Entire Balance Due
6
Non-default Termination or Suspension
6
Credit Information
6
Promotions
6
Telephone Monitoring
6
Merchant Refunds/Credits
6
Assignment
7
Captions
7
Applicable Law/Non-Waiver/Severability
7
Illegal Transactions
7
Lost or Stolen Cards/Unauthorized Use
7
Liability for Unauthorized Use
7
ARBITRATION
7
BILLING RIGHTS NOTICE
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Agreement and Definitions. This Cardholder Agreement, the folder containing your card
including the Account Opening Disclosure Table on the back of the folder, changes and
notices of changes we make to your account and/or this agreement as provided herein, and
all documents bearing your hand-written, electronic or digital signature (such as, but not
limited to, any application, convenience check or sales slip) or other evidence of
indebtedness on the credit card account constitute the contract governing your credit card
account (the "Agreement"). The words "you" and "your" refer to each person jointly and
severally (if more than one) who has applied for or otherwise agreed to be responsible for
the account. The words "we," "our," and "us" mean First Tennessee Bank National
Association (which also is branded as "First Horizon"), and its successors, assigns, agents
and/or authorized representatives. The word "card" means each MasterCard or Visa card
issued on the account. The card is our property, and you agree to surrender it to us or our
agent upon request. This Agreement is binding on you unless you cancel your account
within 30 days after receiving the card and you have not used or authorized use of your
account. This card is available only to individuals for consumer use and will not be issued
to sole proprietorships, corporations, partnerships or limited liability companies.
Changes In Terms. You consent and agree that at any time we may add, delete, remove,
amend, or change any terms and conditions of this Agreement, including but not limited to
the Annual Percentage Rate (APR), fees or other terms. Such amendments may apply to the
unpaid balance and to new transactions, as allowed by applicable law. Reasons we may
change the terms and conditions of this Agreement include, but are not limited to, risks
associated with your account, economic and market conditions and trends, product
parameters, and our business needs and considerations. If we make such amendments, you
will receive advance notice and a right to opt out, as may be required by the Agreement and
applicable law.
Using Your Account. In addition to the card, we may furnish you checks which can be used
to access your account. You agree to use checks only in the form we furnish and according
to any instructions we give you. You cannot stop payment on checks used to access the
account. You may use your account to purchase goods and services and to get Cash
Advances.
Cash Advances include cash obtained from participating financial institutions and ATMs,
transactions using checks to access your account, and cash-equivalent transactions
(including purchases of travelers' checks, casino chips and other items which Visa or
MasterCard rules, as applicable, designate as cash or cash-equivalent transactions). The
amount of a Cash Advance obtained from an ATM may include a surcharge imposed by the
ATM owner.
Purchases are transactions initiated with the card or account for the purchase of goods or
services from participating merchants (excluding cash-equivalent transactions) and such
other charges we designate as Purchases.
Only a payment made by us, at your request via our customer service center or our website,
to transfer all or part of your balance with another creditor to your account with us will be
considered and treated as a Balance Transfer under this Agreement. Your use of a check
used to access your account for any purpose is not considered a Balance Transfer under
this Agreement.
Introductory Rates. If we have offered you an Introductory Rate, the enclosed folder
containing your card (including the Account Opening Disclosure Table on the back of the
folder) provides information concerning the Introductory Annual Percentage Rate for
Purchases, Balance Transfers and Cash Advances and the length of the Introductory Period.
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When the Introductory Period expires, your Standard (Variable) Rates and monthly periodic
rates (also shown on the enclosed folder containing your card and Account Opening
Disclosure Table) will apply and may vary each month as described in the Standard
(Variable) Rates provision below.
Standard (Variable) Rates. Except as otherwise stated in this "Standard (Variable) Rates"
provision or upon amendment of this Agreement, the monthly periodic rates and
corresponding APRs used to compute the periodic interest charges on your account will be
variable rates which may increase or decrease for each new billing cycle based on changes
in the U.S. Prime Rate published in the "Markets Lineup" section of The Wall Street Journal
("Prime"). Your corresponding APRs, divided by 12 and truncated to the one-thousandth
percentage point will be your monthly periodic rates. Your rates will not exceed the maximum
we are allowed to charge under applicable law. We will use the value of Prime published on the
last business day of each calendar month (the "Determination Date") in order to calculate
your APRs in effect from the first day through the last day of your billing cycle ending in the
calendar month following the Determination Date. If more than one Prime rate is published on
the Determination Date, we will use the highest. An increase in your rates will increase your
interest charges and may increase your minimum monthly payment.
Your APRs on Purchases, Balance Transfers and Cash Advances could be different for each
of these categories of transactions and certain balances within these categories (such as
balances subject to promotional rates). Each APR will equal the sum of Prime plus the
applicable margin ("Margin"). Margin means the percentage points added to the Prime Rate
to calculate the APR. Your Margins, corresponding APRs and monthly periodic rates for
Purchases, Balance Transfers and Cash Advances are shown on the enclosed folder
containing your card which includes the Account Opening Disclosure Table on the back of
the folder.
Promise to Pay. You promise to pay us, in accordance with the terms of this Agreement, for
all transactions on your account, plus all interest, finance charges and other charges, fees
and expenses incurred on or in connection with the account. You will be individually and, if
applicable, jointly and severally liable for the total balance, whether the charges are made by
you or by a person authorized by you in any way to use your account in any way. You cannot
transfer or assign the account to another person.
Credit Limit. Your initial credit limit appears on the folder containing your card. We may
increase or decrease your credit limit at any time. Each of your billing statements will reflect
your credit limit in effect as of the date of the statement. You agree not to conduct any
transaction that would cause the total balance of your account to exceed your credit limit.
We may honor, at our discretion, transactions which exceed your credit limit. You agree to
pay any amount that exceeds your credit limit immediately upon request. Without additional
notice we may limit the number or dollar amount of account transactions, and/or
authorizations for transactions, within your credit limit for security or other reasons.
Billing Statements. We will send or make available a billing statement for each monthly
billing cycle for which a Purchase, Balance Transfer or Cash Advance is posted to your
account or if there is a debit or credit balance of more than $1.00. The statement will reflect
each Purchase, Balance Transfer or Cash Advance transaction posted to your account, your
New Balance, Payment Due Date, Minimum Payment Due, Interest Charges, Fees and other
important information. Unless you notify us of any alleged errors in accordance with the
Billing Rights Notice in this Agreement, we may consider the statement correct for all
purposes.
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Making Payments:
Effects of Making Minimum Payments. If you make only the minimum payment each billing
cycle, you will pay more in interest and it will take you longer to pay off your balance.
Application of Payments. We will determine, at our discretion, the amount of and order in
which minimum payments will be applied to Purchases, Balance Transfers, Cash
Advances, Interest, Finance Charges and other fees and charges. If your account has
balances with different APRs, we will allocate your minimum payments to balances subject
to lower APRs before balances subject to higher APRs. If you make more than the
minimum payment, we will allocate amounts in excess of the minimum payment to
balances subject to higher APRs before balances subject to lower APRs, even if, as
required by applicable law, this allocation results in a loss of any Grace Period for which
you may otherwise have been eligible. This payment allocation method applies to all higher
APR balances, including transactions subject to higher APRs posted since your last
statement.
New Balance. The details and amount of your New Balance for each monthly billing cycle
will appear on your billing statement in the Summary of Account Activity section.
Minimum Payment Calculation. You may pay all or part of your balance at any time, but each
month you must pay at least the Minimum Payment Due shown on the billing statement. If
your New Balance is $25.00 or less, the Minimum Payment Due will be the New Balance in
full. Otherwise, the Minimum Payment Due will be the total of (1) the greatest of (a) 2.5%
of your New Balance, (b) 1% of your New Balance, plus interest charges assessed in the
current billing cycle, (c) any over limit amount in the current cycle, or (d) $25.00; plus (2)
net fees (excluding Cash Advance and Currency Conversion Fees) in excess of $0 assessed
in the current billing cycle; plus (3) all amounts past due.
Form of Payments. Do not send cash by mail. If you pay by check or money order, the
check or money order must be in U.S. Dollars drawn on funds on deposit in a federally-
insured U.S. depository institution. However, we may, at our option, accept checks or
money orders drawn on non-U.S. banks and impose service and collection charges on
your account for processing such items. When you send a personal check to the BankCard
Center, we may initiate an electronic debit for the amount of your check to your account at
the financial institution on which the check was written. Your payment will appear as an
electronic debit on the statement for the account from which you made payment and will
include the name of the payee "BankCard Center", the check number and the payment
amount. We can (but are not required to) accept late payments, partial payments,
payments marked or accompanied by "payment in full" or similar language, or payments
which are otherwise improper without losing any of our rights under this Agreement,
including our right to require payment of the entire balance.
Payment Processing. Payments accompanied by the payment coupon or other information
adequate to identify the appropriate account are proper payments. Proper payments will be
applied to your account as of the date received if received Monday-Friday, excluding federal
holidays, by the times shown below:
Payments received at BankCard Center, P.O. Box 385, Memphis, TN 38101-0385 by
5:00 p.m. CT
Payments delivered in person to and processed by an employee at a First Tennessee
financial center, or other First Tennessee location that accepts such payments, by
close of business at that location
Payments made via First Tennessee's Banking Online website by 5:00 p.m. CT
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Proper payments received on a day that First Tennessee does not process payments or later
than the times shown above will be applied the next business day. Any other payment may
not be applied until 5 days after receipt.
Visa Money Transfer. You have the ability to receive a credit transfer to your credit card via
a Visa Money Transfer under which you or a third party may transfer funds to you. Funds
will appear on the statement as a "Visa Transfer", but funds will be treated as a non-proper
payment to your account within 2 business days of reciept. We have the right to
refuse/return a transfer restricted/prohibited by applicable federal, state or local law or by
this Agreement.
Finance Charges:
Interest Charges. We will impose periodic interest charges based on the monthly periodic
rates that apply to Purchase, Balance Transfer and Cash Advance average daily balances.
Periodic interest charges will begin to accrue on all average daily balances from the date
that transactions are posted to your account, except for Purchase and Balance Transfer
transactions that may be eligible for a grace period (see Paying Interest section of this
Agreement).
If the periodic interest charge calculated for a billing cycle in the manner described in the
Calculating Average Daily Balances section is less than $.50 but more than $.00, we will
impose a $.50 minimum charge (in addition to any applicable Cash Advance Fee(s)). The
amount of interest charged will be shown on your billing statement in the Interest Charged
section; except that, when imposed, the minimum charge will appear in the Fees Charged
section of your statement.
Foreign Currency Transactions. If a transaction on the account is in a currency other than
U.S. Dollars, Visa or MasterCard will convert the amount of the transaction (whether a
purchase, cash advance or credit) to U.S. Dollars as provided by Visa or MasterCard rules
then in effect. Currently, Visa and MasterCard rules provide that the exchange rate between
the transaction currency and the billing currency used for processing international
transactions will be a rate selected by Visa or MasterCard from the range of rates available
in wholesale currency markets for the applicable central processing date (which rate may
vary from the rate Visa or MasterCard itself receives) or the government mandated rate in
effect for the applicable central processing date. You agree to accept the converted amount.
We will charge you three percent (3%) of the amount calculated by Visa or MasterCard as
a Currency Conversion Fee. Each Currency Conversion Fee will be itemized in the
Transactions section on your billing statement. The total amount of any Currency
Conversion Fee(s) will be shown on your billing statement in the Fees Charged section.
Paying Interest:
Grace Period for Purchases. You will have a grace period during which we will not impose
an interest charge on Purchases if you pay your New Balance by the Payment Due Date
shown on the billing statement each month. Otherwise, we will impose a periodic interest
charge on the average daily balance of Purchases.
Grace Period for Balance Transfers. You will have a grace period during which we will not
impose an interest charge on Balance Transfers if you pay your entire balance by the
Payment Due Date shown on the billing statement each month. Otherwise, we will impose
a periodic interest charge on the average daily balance of Balance Transfers.
Cash Advances. There is no grace period for Cash Advances. We will impose a periodic
interest charge on the average daily balance of Cash Advances.
Calculating Average Daily Balance:
Purchase Balance. To determine this average daily balance, we (a) start with the previous
Purchase balance at the beginning of each new billing cycle and subtract any unpaid
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interest charge and unpaid fees which were included in that balance; (b) determine the
Purchase balance for each day of the billing cycle by subtracting any payments and credits
applied to the Purchase balance and by adding new Purchases; and (c) at the end of the
billing cycle, add these daily balances and divide the total by the number of days in the billing
cycle to determine the average daily balance for Purchases. We then multiply this average
daily balance by the monthly periodic rate that applies to Purchases to determine the amount
of your periodic interest charge on Purchases.
Balance Transfer Balance. To determine this average daily balance, we (a) start with the
previous Balance Transfer balance at the beginning of each new billing cycle and subtract
any unpaid interest charge and unpaid fees which were included in that balance; (b)
determine the Balance Transfer balance for each day of the billing cycle by subtracting any
payments and credits applied to the Balance Transfer balance and by adding new Balance
Transfers; and (c) at the end of the billing cycle, add these daily balances and divide the total
by the number of days in the billing cycle to determine the average daily balance for Balance
Transfers. We then multiply this average daily balance by the monthly periodic rate that
applies to Balance Transfers to determine the amount of your periodic interest charge on
Balance Transfers.
Cash Advance Balance. To determine this average daily balance, we (a) start with the
previous Cash Advance balance at the beginning of each new billing cycle and subtract any
unpaid interest charge and unpaid fees which were included in that balance; (b) determine
the Cash Advance balance for each day of the monthly billing cycle by subtracting payments
and credits applied to the Cash Advance balance and adding new Cash Advances; and (c)
at the end of the billing cycle, add these daily balances and divide the total by the number
of days in the billing cycle to determine the average daily balance for Cash Advances. We
then multiply this average daily balance by the monthly periodic rate that applies to Cash
Advances to determine the amount of your periodic interest charge on Cash Advances.
Other Fees and Charges:
Cash Advance Fee. We will impose a Cash Advance Fee equal to 3% of each new Cash
Advance. However, the fee will not be less than $10 per transaction or more than the amount
allowed by applicable law or regulation. Each Cash Advance Fee will be itemized in the
Transactions section on your billing statement. The total amount of any Cash Advance
Fee(s) will be shown on your billing statement in the Fees Charged section.
Returned Payment Fee. When a check or other payment on your account is not honored,
cannot be processed or otherwise cannot be applied to your account, we will charge you a
returned payment fee of up to $25.00 for the first occurrence and up to $35.00 for any
additional occurrences in the following six billing cycles.
Late Payment Fee. If we do not receive at least the minimum payment due on your account
by the Payment Due Date shown on your billing statement, we will charge you a late
payment fee of up to $25.00 for the first occurrence and up to $35.00 for any additional
occurrences in the following six billing cycles.
Collection Costs and Attorneys' Fees. Except as prohibited by applicable law, you will pay
our collection costs and attorneys' fees if you default under this Agreement.
Security Interest. Collateral furnished to secure any other credit you may owe us may also
secure this account. However, if collateral securing other credit is your personal residence,
we waive any claim we might otherwise have to treat that property as collateral for this
account.
Account Use by Others. Think carefully before you lend your card to or authorize another
person to use your card or account. You cannot limit that person's authority to use the
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account, and you cannot terminate such authority (1) until we receive notice of
revocation; and (2) until you recover possession of the card.
Notices. If we have to notify you of anything concerning your credit card account, the
notice will be effective if we send it to your name and address as they appear in our
records or you receive such notice by any other means. You will notify us in writing
immediately if you change your name, address, telephone number or other pertinent
contact information. If you write to us for any reason other than to make a payment, send
your letter to: BankCard Center, P.O. Box 1545, Memphis, TN 38101-1545. If you are one
of our Banking Online customers who receives notices or statements electronically, you
will notify our Banking Online Department if you change your e-mail address by following
the instructions in your Banking Online Agreement. Additionally, if you become aware of
an error regarding how activity on this account appears on a credit report, please write
us at BankCard Center, P.O. Box 1545, Memphis, TN 38101-1545.
Default/Entire Balance Due. You will be in default if you fail to pay at least the minimum
payment shown on the billing statement, or fail to comply with any other term of this
Agreement or any other agreement with us, or in the event of your bankruptcy, death,
fraud or misrepresentation. If you are in default, we can demand immediate payment of
the entire balance and all fees and charges then owing on the account, as allowed under
applicable law.
Non-default Termination or Suspension. You may terminate account privileges at any
time by notifying us in writing. We may terminate or suspend account privileges at any
time without prior notice unless required by applicable law. In the event of any termination
or suspension, you will immediately stop using the account, and you will return or
destroy the card upon request. You will remain obligated to pay the account balance and
all fees and charges according to the terms of this Agreement or as otherwise agreed
between us.
Credit Information. You authorize us to make credit, employment and investigative
inquiries about you from time to time to credit reporting agencies and others until the
Agreement is terminated and the account balance is paid in full. You also promise to
provide current financial information upon our request. We may report information about
the account to credit reporting agencies, other creditors, Visa and MasterCard, and
others who may properly receive such information, in accordance with applicable law
and the Privacy Notice contained herein.
Promotions. From time to time, we may offer you temporary promotional terms. If we
do, we will advise you in writing of the scope and duration of the promotional terms, and
your regular terms will resume at the time our offer specifies. Occasionally, you may be
contacted about promotions, credit card enhancements and special products. If you
prefer not to receive this information, please write to us at BankCard Customer Service,
P.O. Box 1545, Memphis, TN 38101-1545. Please allow sixty (60) days for your request
to take effect.
Telephone Monitoring. You consent and agree that we may monitor and record your
telephone calls with our employees or contractors.
Merchant Refunds/Credits. Merchants are not allowed to make cash refunds for card
transactions on your credit card account, subject to a very few exceptions. Instead, if the
merchant grants your request for a refund, it is the merchant's responsibility to send a
credit through Visa or MasterCard SO that we can credit your account. You should retain
your copy of the credit slip prepared by the merchant. If the merchant discloses a policy
limiting or disallowing refunds, you will be bound by it. If you make travel or lodging or
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other reservations, you will be bound by the merchant's cancellation policy, and you
must obtain a cancellation code from the merchant to avoid or limit any charges in
accordance with that policy. If you give a merchant continuing authority to charge your
account for repeat charges, you must notify the merchant when you wish to revoke that
authorization. If the merchant continues to initiate such charges, to preserve your billing
rights you must continue to notify us promptly every time your billing statement reflects
a new charge.
Assignment. We may assign any or all of our rights under this Agreement, including any
debt you owe us.
Captions. Captions used in this Agreement are intended solely as aids to convenient
reference and do not affect the interpretation of this Agreement.
Applicable Law/Won-Waiver/Severability YOUR ACCOUNT AND THE TERMS AND
ENFORCEMENT OF THIS AGREEMENT WILL BE GOVERNED BY FEDERAL LAW AND
THE LAW OF TENNESSEE. We can delay enforcing any of our rights under this
Agreement any number of times without waiving our rights in the future. If any term of
this Agreement is found to be unenforceable, all other provisions remain in full force and
effect.
Illegal Transactions. You agree not to make or permit to be made any illegal transactions
on the account through use of the card, any other account access device issued by us,
or in any other manner. We may, but are not required to, deny authorization for any
internet gambling transactions, any internet purchase of tobacco products, or any other
illegal transactions. You agree that illegal use of the card or the account will be deemed
an action of default and/or breach of contract and, in such event, the account and other
related services may be terminated at our discretion. You further agree that should illegal
use occur, you waive any right to sue us for such illegal use or any activity directly or
indirectly related to it, and you agree to indemnify and hold us harmless from any suits,
legal action, or liability directly resulting from such illegal use.
Lost or Stolen Cards/Unauthorized Use. If any card (or convenience check) is lost or
stolen or if you think someone used or may use your account without permission, you
agree to notify us immediately by calling 1-800-234-2840 or (901) 818-9250 (Collect)
if you are outside the continental United States. Upon our request, you agree to provide
us such written information as we request or require to assist our investigation.
Liability for Unauthorized Use. You will not be liable for any unauthorized use that
occurs after you notify us. You may, however, be liable for unauthorized use that occurs
before you notify us.
ARBITRATION PROVISION
ARBITRATION: PLEASE READ THE FOLLOWING ARBITRATION PROVISION CARE-
FULLY. IT PROVIDES FOR MANDATORY ARBITRATION OF CONSUMER CLAIMS
(SUBJECT TO SOME EXCEPTIONS), INSTEAD OF COURT PROCEEDINGS. IF YOU
OR WE ELECT ARBITRATION OF A CLAIM, NEITHER WILL HAVE THE RIGHT TO
PURSUE THAT CLAIM BEFORE A JUDGE OR JURY IN COURT OR TO PARTICIPATE
IN A CLASS ACTION PROCEEDING. RIGHTS YOU WOULD HAVE IN COURT THAT
MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION INCLUDE THE RIGHT TO
CONDUCT DISCOVERY OR TO APPEAL. FEES AND EXPENSES OF ARBITRATION
MAY BE HIGHER THAN THOSE ASSOCIATED WITH COURT PROCEEDINGS. THE
ARBITRATOR'S DECISION WILL BE BINDING, EXCEPT AS PROVIDED BELOW.
Agreement to Arbitrate. Upon the election of either you or us, any Claims (as defined
below), except for Claims filed in a small claims court, may be resolved by manda-
tory, binding arbitration. The small claims court exclusion applies only SO long as
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the dispute remains in the small claims court and is an individual (non-class, non-rep-
resentative) Claim. If a Claim asserted in small claims court is transferred or appealed
to a different court, either you or we may then elect mandatory, binding arbitration
pursuant to this Arbitration Provision. This Arbitration Provision is made pursuant to a
transaction involving interstate commerce and shall be governed by and enforceable
under the Federal Arbitration Act (the FAA).
Definitions for Arbitration Provision. As used in this Arbitration Provision, the following
terms have the following definitions. The words we, our, and us mean First Tennessee
Bank National Association (which also is branded as First Horizon), its parent company,
and their direct and indirect subsidiaries and affiliates, together with their employees,
officers, directors, successors, and assigns. The words you, your, and yours refer to
any Consumer applicant, co-applicant, authorized user of the account, or legal repre-
sentative of any of the foregoing, and anyone claiming through such person or incident
to the account.. The word "Consumer" means a natural person who holds an account
primarily for personal, family or household purposes. The word Claim means any claim,
controversy, or dispute of any kind arising from or relating to the account or any re-
lationship arising from or related to the account. The word Claim includes, but is not
limited to, any claim, controversy or dispute involving one or more of the following:
the formation, application, enforceability, or interpretation of this Arbitration Pro-
vision or other part of the Agreement;
any advertisements, solicitations, disclosures or other communications relating
to the account, whether made before or after the account was opened;
the opening, administration and termination of the account;
any transactions involving the account;
any interest, fees and other charges to the account;
any products or services (whether provided by us or a third party) related to or
offered in connection with the account;
any use or disclosure of information about you or the account;
any other matters relating to the account or your credit card relationship with us.
All Claims Subject to Arbitration Provision. All Claims are subject to this Arbitration Pro-
vision, regardless of whether the Claim: (i) previously existed, is now existing (whether
discovered or undiscovered) or arises later; (ii) is based on a theory of contract, tort
(including intentional tort), negligence, agency or other vicarious liability, fraud, statute,
regulation, constitution, or any other source of law or equity; (iii) seeks monetary dam-
ages, or declaratory, injunctive relief, or other remedy or relief; (iv) is asserted as an
initial claim, counterclaim, crossclaim, interpleader action, third-party claim or other
action; or (v) is asserted as an individual claim or as part of a class action or other
representative or collective action. (Any Claim asserted as part of a class action or other
representative or collective action shall proceed in arbitration on an individual basis as
set forth below.) Joint Cardholders, applicants and authorized users on a single ac-
count or multiple accounts for which the same Cardholders are legally responsible will
be treated as one person for this purpose. All questions about whether disputes are
subject to arbitration shall be resolved by interpreting this arbitration provision in the
broadest way the law will allow it to be enforced.
Initiation of Arbitration. The party electing arbitration must use the arbitration adminis-
trator shown below and follow its rules and procedures, except as otherwise stated in
this Arbitration Provision. Copies of its current rules, procedures, forms, and related
information, including information about how to file a Claim, may be obtained by con-
tacting the Administrator as follows:
American Arbitration Association
Case Filing Services
8
1101 Laurel Oak Road, Suite 100
Voorhees, NJ 08043
Toll free number: 877-495-4185
http://www.adr.org
Except for the small claims court exclusion set forth above, either you or we may ask
an appropriate court to compel arbitration, or stay litigation pending arbitration, of any
Claim, even if the Claim is part of a lawsuit in court. A party who has asserted a Claim
in a lawsuit may nevertheless elect mandatory arbitration with respect to any Claims
subsequently asserted in that lawsuit by any other party. Delay in exercising these
rights shall not waive such rights. Failure to exercise arbitration rights with respect to a
particular Claim shall not waive your right or our right to demand arbitration of any other
Claim. If the Administrator declines to administer a Claim in arbitration, then either party
shall have the right to proceed with the Claim as a lawsuit in court, in which case the
Class Action Waiver set forth below still applies.
Class Action and Jury Waiver. You and we hereby knowingly and voluntarily (1) waive
the right to proceed as part of any class action and (2) waive the right to a trial by jury
of any and all Claims. No Claim submitted to arbitration is heard by a jury or may be
brought as a class action or as a private attorney general. You do not have the right to
act as a class representative or participate as a member of a class of claimants with
respect to any Claim submitted to arbitration (Class Action Waiver). Any Claim resolved
by arbitration shall be arbitrated on an individual basis by a single arbitrator. The arbitra-
tor's authority to resolve Claims is limited to Claims between you and us alone, and
the arbitrator's authority to make awards is limited to you and us alone. Furthermore,
Claims brought by you against us or by us against you may not be joined or consoli-
dated in arbitration with Claims brought by or against someone other than you, unless
otherwise agreed to in writing by all parties.
Severability. The parties to this Arbitration Provision acknowledge that the Class Action
Waiver is material and essential to the arbitration of any disputes between the parties
and is non-severable from this Arbitration Provision. If the Class Action Waiver is
limited, voided or found unenforceable, then the parties' agreement to arbitrate (except
for this sentence) shall be null and void with respect to such proceeding, subject to
the right to appeal the limitation or invalidation of the Class Action Waiver. The parties
acknowledge and agree that under no circumstances will a class action be arbitrated.
If any portion of this Arbitration Provision, other than the Class Action Waiver, cannot
be enforced, that portion will be severed, and the rest of the Arbitration Provision will
continue to apply.
Arbitration Procedures and Law. A single arbitrator chosen by the Administrator will
resolve Claims pursuant to the rules and procedures of the Administrator and this Ar-
bitration Provision. This Arbitration Provision will govern in the event of conflict with
the Administrator's rules and procedures. Discovery procedures available to parties
will be limited by the Administrator's rules and procedures. The arbitrator will apply
applicable substantive law consistent with the FAA and applicable statutes of limitations
and honor legally recognized claims of privilege. The arbitrator will have the power to
award any damages or other relief that would be available in court and are permitted
under the terms and conditions of this Agreement, but only with respect to the named
parties and the Claims being arbitrated. The arbitrator and this Arbitration Provision will
not be subject to federal, state, or local rules of procedure and evidence applicable to
lawsuits or to state or local laws relating to arbitration. Either party may choose to have
an arbitration hearing and to be represented by counsel. An arbitration hearing may be
conducted by telephone if the parties agree. Any participatory arbitration hearing that
you attend in person will occur at a place designated by the Administrator at a location
within the federal judicial district that includes your billing address or at some other
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place agreed upon by you and us. The arbitrator will use reasonable efforts to protect
confidential information if requested to do SO by any party. The arbitrator will make
any award in writing and, upon a timely written request, provide a written statement of
reasons for the award.
Costs of Arbitration. You and we will be responsible for paying the fees of the arbitrator
and any administrative fees charged by the Administrator according to the rules and
procedures of the Administrator. We will also pay or reimburse you for all or part of
other arbitration fees, if the arbitrator determines there is good reason to do SO, and we
will pay any fees and costs, which we are required to pay by law or by the rules and
procedures of the Administrator. In addition, in the event that you receive an arbitration
award that is greater than our last written settlement offer, the arbitrator shall have the
discretion to require us to pay your attorneys' fees and costs. Otherwise, each party will
bear its own attorneys' fees and costs, regardless of who prevails.
Finality of Arbitration. The arbitrator's decision is final and binding on the parties, except
for any right of appeal provided by the FAA. Costs will be allocated in the same way
as costs are allocated in arbitration by a single arbitrator. A final and binding award
is subject to judicial review only as provided by the FAA. An arbitration award will be
enforceable under the FAA by any court having jurisdiction.
Survival of Arbitration Provision. This Arbitration Provision shall survive: (i) termination
or changes in the Agreement and/or related agreements or programs, the account, and
the relationship between you and us concerning the account and related programs; (ii)
bankruptcy of any party; and (iii) any sale, assignment or other transfer of the account,
or any amounts owed on the account. Any different agreement regarding arbitration of
Claims must be agreed in writing.
Your Billing Rights: Keep this Document for Future Use
This notice tells you about your rights and our responsibilities under the Fair Credit
Billing Act.
What To Do If You Find A Mistake On Your Statement
If you think there is an error on your statement, write to us at: BankCard Center, P.O. Box
1545, Memphis, TN 38101-1545. You may also go to www.firsttennessee.com and submit
a transaction dispute. You will need to give us the following information:
Account information: Your name and account number.
Dollar amount: The dollar amount of the suspected error.
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.
You must contact us:
Within 60 days after the error appeared on your statement.
At least 3 business days before an automated payment is scheduled, if you want to
stop payment on the amount you think is wrong.
You must notify us of any potential errors in writing (or electronically). 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.
What Will Happen After We Receive Your Letter
When we receive your letter, we must do two things:
1. Within 30 days of receiving your letter, we must tell you that we received your letter.
We will also tell you if we have already corrected the error.
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.
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While we investigate whether or not there has been an error:
We cannot try to collect the amount in question, or report you as delinquent on that
amount.
The charge in question may remain on your statement, and we may continue to
charge 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.
We can apply any unpaid amount against your credit limit.
After we finish our investigation, one of two things will happen:
If we made a mistake: You will not have to pay the amount in question or any interest
or other fees related to that amount.
If we do not believe there was a mistake: You will have to pay the amount in question,
along with applicable interest and fees. We will send you a statement of the amount
you owe and the date payment is due. We may then report you as delinquent if you
do not pay the amount we think you owe.
If you receive our explanation but still believe your bill is wrong, you must write to us within
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 to whom we reported you as delinquent, and we must let those
organizations know when the matter has been settled between us. If we do not follow all of
the rules above, you do not have to pay the first $50 of the amount you question even if your
bill is correct.
Your Rights If You Are Dissatisfied With Your Credit Card Purchases
If you are dissatisfied with the goods or services that you have purchased with your credit
card, and you have tried in good faith 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:
1. The purchase must have been made in your home state or within 100 miles of
your current mailing address, and the purchase price must have been more than
$50. (Note: Neither of these is necessary if your purchase was based on an
advertisement we mailed to you, or if we own the company that sold you the
goods or services.)
2. You must have used your credit card for the purchase. Purchases made with cash
advances from an ATM or with a check that accesses your credit card account do
not qualify.
3. You must not yet have fully paid for the purchase.
If all of the criteria above are met and you are still dissatisfied with the purchase, contact us
in writing at: BankCard Center, P.O. Box 1545, Memphis, TN 38101-1545. You may also
contact us by going to www.firsttennessee.com and submitting a transaction dispute. While
we investigate, the same rules apply to the disputed amount as discussed above.
After we finish our investigation, we will tell you our decision. At that point, if we think you
owe an amount and you do not pay, we may report you as delinquent.
M-105907 4/12
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