ClearPoints Credit Card Agreement 
(May Not Be Available to Residents of All States) 

This  Agreement  and  the  documents  listed  below  govern  the  use  of  your  ClearPoints  credit  card  account  with 
Compass  Bank  (“Account”)  and  each  Visa  or  MasterCard  credit  card  issued  to  access  the  Account  (a  “Card”). 
These other documents are part of this Agreement: 

• 

• 

The application or solicitation (“Application”) you signed or otherwise gave us to ask for the Account; and  

The folder sent with each Card (“Card Folder”). 

Please read and keep these documents for your records. 

1. 

Parties and Addresses:  

(a) 

(b) 

Bank:  In  this  Agreement,  “we”,  “us”  and  “our”  refer  to  Compass  Bank  and  anyone  to  whom  we 
give or sell your Account. Unless we tell you otherwise, our mailing address is: Compass Bank 
Card Center, P.O. Box 2210, Decatur, Alabama 35699-0001. 

You: “You” and “your” refer to each person (1) who applied for the Account, or (2) who agreed to 
be responsible for the Account. We will send bills and other notices to the address you give us. 
You promise to tell us right away if that address changes. 

Joint Accounts: If you have a joint Account, each of you may use the Account. We may ask any one of 
you to pay any balance due. Any one of you may give us any notice under this Agreement. If you give us 
different notices or make different requests, we may pick which one to honor without telling any of you. 
We will not owe anything to you or anyone else because we picked one of your notices or requests.  

Promise to Pay: You promise to pay us for all transactions on your Account, including those by anyone 
whom you allow to use the Account. You also promise to pay any interest, fees and other amounts you 
owe us under this Agreement. By keeping, using or permitting others to use the Account or any Card, you 
agree to the terms of this Agreement. 

Governing Law: This Agreement and your Account will be governed by (1) federal law, and (2) to 
the extent not preempted by federal law, the laws of Alabama, without regard to its conflicts of law 
provisions. We accepted this Agreement in Alabama. 

Changing This Agreement: We may change this Agreement unless an applicable law says we may not. 
We  will  tell  you  when  changes  will  be  effective  and  how  they  will  apply  to  your  Account.  You  may  not 
change this Agreement unless we agree in writing. 

2. 

3. 

4. 

5. 

6. 

Using Your Account: You may use your Account to make three types of transactions: 

(a) 

(b) 

Purchases: You may purchase or lease goods or services from any merchant that accepts your 
Card or Account. 

Cash Advances: You may obtain cash or other advances by using your Card or Account in any of 
the following ways: 

• 

• 

• 

From  us  or  any  other  financial  institution  or  automated  teller  machine  (“ATM”)  that 
accepts your Card; 

By  using  a  convenience  check  (“Check”)  as  explained  in  Section  16  below.  Payments 
you  make  to  another  creditor  using  a  Check  are  Cash  Advances  (and  not  Balance 
Transfers) under this Agreement; 

By  purchasing  items  that  can  be  traded  right  away  for  cash,  such  as  wire  transfers, 
money orders, traveler’s checks, lottery tickets or casino chips;  

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
• 

• 

By placing bets or wagers (if legal) or to make tax or other similar payments; or 

By getting an advance deposited to a Compass checking account if you are enrolled in 
an overdraft protection program under a separate agreement with us.  

(c) 

Balance  Transfers:  You  may  ask  us  to  transfer  to  your  Account  a  balance  you  owe  to  another 
creditor.  If  we  approve  your  request,  we  will  pay  the  other  creditor  directly.  As  noted  above, 
payments  you  make  to  another  creditor  using  a  Check  are  Cash  Advances  (and  not  Balance 
Transfers) under this Agreement. Balance Transfers are Cash Advances under this Agreement, 
except that the APR for Purchases (and not the APR for Cash Advances) will apply to Balance 
Transfers. 

7. 

Illegal and Online Gambling Transactions: You agree not to use your Account for any transaction that 
is illegal where you live or where the transaction takes place. You must find out if a transaction is legal 
before  you  make  it.  You  also  agree  not  to  use  your  Account  for  any  Internet  or  online  gambling 
transaction,  even  if  it  is  legal.  We  may  refuse  to  authorize  any  illegal,  Internet  or  online  gambling 
transaction. If we do authorize the transaction, you agree to pay us for it unless an applicable law says 
you may not.  

8. 

Credit Limits: We will tell you your starting credit limits on the Card Folder. Your billing statements also 
will show your credit limits and available credit.  

(a) 

(b) 

(c) 

(d) 

Separate Limits: We will give you a credit limit for your Account.  We also may give you different 
limits for different types of transactions. For example, we may tell you that you can only use part 
of your credit limit for Cash Advances.   

When Your Payments Increase Available Credit: We may delay increasing your available credit 
for up to 10 days after you make a payment.  

Going Over Your Credit Limits: This Agreement applies to all transactions and balances on your 
Account,  including  any  transaction  that  would  cause  the  balance  (including  unpaid  interest  and 
fees, unless prohibited by law) on your Account (or any type of transactions on your Account) to 
go or stay over the credit limit (an “Overlimit Transaction”). If the balance on your Account (or on 
any  type  of  transactions  on  your  Account)  goes  over  the  credit  limit,  you  must  pay  the  amount 
that is over the limit right away. We may charge you an Over-the-Credit Limit Fee only if you have 
told us that you want Overlimit Transactions on your Account. You may tell us you want (or do not 
want)  Overlimit  Transactions  at  any  time  by  calling  us  at  1-800-239-5175  or  writing  us  at  the 
address in Section 1(a). We do not have to authorize any Overlimit Transaction, even if you have 
told  us  that  you  want  Overlimit  Transactions  on  your  Account.  If  we  authorize  any  one  or more 
Overlimit Transactions, it does not mean that we must authorize any other Overlimit Transaction. 

Changes to Your Credit Limits: You may request a credit limit increase by calling us at 1-800-239-
5175,  and  we  might  agree  to  your  request.  We  may  change  your  credit  limits  at  any  time.  For 
example, we may (1) increase or decrease any of your credit limits, (2) add one or more separate 
limits,  or  (3)  cancel  your  available  credit.  We  will  tell  you  first  or  get  your  permission  if  an 
applicable  law  requires  us  to.  You  still  will  have  to  pay  all  amounts  you  owe  under  this 
Agreement. 

9. 

Billing  Statements:  We  will  send  you  a  bill  at  the  end  of  each  monthly  billing  cycle  if  applicable  law 
requires. Read each bill as soon as you get it. Tell us right away if you see any error or problem. Your bill 
will show important information about your Account, including:  

• 

• 

• 

The unpaid balance at the end of the billing cycle (“New Balance”);  

The minimum amount of your next payment (“Minimum Payment Due”);  

When your next payment is due (“Payment Due Date”); and 

2 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
• 

The date of the bill (“Statement Date”). 

10. 

Interest: Each billing cycle, we will charge interest to you on the average daily balance for each type of 
transactions  on  your  Account.    By  type  of  transactions,  we  mean  Purchases,  Cash  Advances,  Balance 
Transfers and any transactions subject to a special offer.  To calculate the interest owed on your Account 
for each billing cycle, we first figure out the average daily balance for each type of transactions.  Next, we 
multiply the average daily balance by the applicable interest rate. Interest rates are explained in the next 
section.    Then,  we  multiply  the  resulting  amount  by  the  number  of  days  in  the  billing  cycle.    After 
calculating the amount of interest owed for each type of transactions, we add together these amounts to 
determine the total amount of interest owed on your Account for the billing cycle. 

(a) 

Average  Daily  Balance:  To  get  the  average  daily  balance  for  each  type  of  transactions,  (1)  we 
take the beginning balance for that transaction-type, (2) we add any new transactions, debits and 
fees, and (3) subtract any payments or credits.  We also add an amount of interest equal to the 
previous  day’s  balance  multiplied  by  the  applicable  daily  interest  rate.    This  gives  us  the  daily 
balance.   

• 

• 

• 

• 

The beginning balance for Purchases will include any unpaid Purchase transactions; any 
unpaid  interest  on  those  Purchases;  any  unpaid  Late  Fee,  Over-The-Credit  Limit  Fee, 
Returned  Payment  Fee  and  Document  Fee;  and  any  unpaid  Foreign  Transaction  Fee 
charged on a Purchase, including any Purchase subject to a special offer APR. 

The  beginning  balance  for  Cash  Advances  will  include  any  unpaid  Cash  Advance 
transactions;  any  unpaid  interest  on  those  Cash  Advances;  any  unpaid  Skip  Payment 
Fee,  Expedited  Payment  Fee,  Transfer  Fee  and  Rate  Reduction  Fee;  and  any  unpaid 
Cash Advance Fee and Foreign Transaction Fee charged on a Cash Advance, including 
any Cash Advance subject to a special offer APR.   

The  beginning  balance  for  Balance  Transfers  will  include  any  unpaid  Balance  Transfer 
transactions;  any  unpaid  interest  on  those  Balance  Transfers;  and  any  unpaid  Balance 
Transfer Fee charged on a Balance Transfer, including any Balance Transfer subject to a 
special offer APR. 

The beginning balance for any transactions subject to a special offer APR will include any 
unpaid balance on those transactions, and any unpaid interest on those transactions.  

Next,  we  add  up  all  the  daily  balances  for  the  billing  cycle,  and  then  divide  this  total  by  the 
number  of  days  in  the  billing  cycle.  This  gives  us  the  average  daily  balance.    This  method  of 
calculating the average daily balance results in charging interest on unpaid interest (also 
known as compounding) and fees.  

When Interest Charges Start on Cash Advances: We start charging interest on Cash Advances 
(including  Balance  Transfers)  on  the  transaction  date.  For  Checks  or  Balance  Transfers,  the 
transaction date is the later of (1) the date we get and/or pay the Check or Balance Transfer or 
(2)  the  first  day  of  the  billing  cycle  in  which  we  add  the  transaction  to  your  Account.  For  other 
Cash Advances, the transaction date is the later of (1) the date you get the Cash Advance or (2) 
the first day of the billing cycle in which we add the transaction to your Account. There is no way 
to avoid interest on Cash Advances. 

Avoiding Interest on Purchases (Grace Period): Your Payment Due Date is at least 25 days after 
the close of each billing cycle. We will not charge you interest on Purchases if you pay your entire 
balance by the Payment Due Date each billing cycle. Where required by applicable law, we will 
not charge interest on any portion of a Purchase balance that is repaid by the first specified due 
date after each Purchase was made if you paid the entire balance for the previous billing cycle by 
the specified due date. Except as described above, if you do not pay your entire balance by the 
Payment Due Date, we will start charging interest on each new Purchase on the later of (1) the 
date you make the Purchase, or (2) the first day of the billing cycle in which we add the Purchase 
to  your  Account.  We  will  pay  down  your  Purchase  balance  and  other  balances  as  described  in 
“Payment Allocation” in Section 13(e) below. 

3 

(b) 

(c) 

 
 
 
 
 
 
 
 
 
  
 
(d) 

Minimum Interest Charge for Purchases: If you are charged interest on Purchases, the charge will 
be no less than $1. 

11. 

Interest Rates: We figure out how much interest you owe each billing cycle using daily periodic rates. We 
get the daily periodic rates by dividing each annual percentage rate (“APR”) below by 365. The interest 
rates that apply to your Account are shown on the Card Folder and each billing statement.  

(a) 

(b) 

(c) 

(d) 

APR  for  Purchases  and  Balance  Transfers:  The  APR  for  Purchases  will  be  equal  to  the  Prime 
Rate plus any margin shown on the Card Folder. The APR for Balance Transfers is the same as 
the APR for Purchases. 

APR for Cash Advances: The APR for Cash Advances will be equal to the Prime Rate plus any 
margin shown on the Card Folder. 

Discounted  Introductory  APR:  From  time  to  time  we  may  offer  a  discounted  introductory  APR.  
Any discounted introductory APR that applies to your Account will be shown on the Card Folder. 

Variable Rates: Except for any discounted introductory APR, your APRs will vary with the market 
based on the Prime Rate. We use the Prime Rate in The Wall Street Journal two business days 
before  the  Statement  Date  for  each  billing  cycle.  Your  APRs  may  increase  if  the  Prime  Rate 
increases. If your APRs increase, the amount of interest you will owe and the Minimum Payment 
Due may increase. 

(e) 

Reevaluation of Increased Rates:  If the APRs on your Account are increased, we will reevaluate 
your Account as required by law to determine whether you qualify for an APR reduction. 

12. 

Fees: You agree to pay the following fees, which will be charged to your Account. 

(a) 

Transaction Fees: 

• 

• 

• 

Cash Advance Fee: For each Cash Advance, a fee of $10 or 4% of the Cash Advance, 
whichever is greater. 

Balance  Transfer  Fee:  For  each  Balance  Transfer,  a  fee  of  $10  or  4%  of  the  Balance 
Transfer, whichever is greater. 

Foreign Transaction Fee: A fee of 3% of each transaction made (1) in a foreign currency, 
(2) outside of the United States, or (3) with a foreign merchant, even if that transaction is 
made  in  U.S.  dollars.  We  may  charge  a  Foreign  Transaction  Fee  for  each  transaction 
(including returns or refunds) at the time we add the transaction to your Account. The fee 
will be based on the U.S. dollar amount Visa or MasterCard provided to us. 

(b) 

Penalty  Fees:  We  will  charge  penalty  fees  in  the  amounts  established  by  the  Federal  Reserve 
Board, which currently are $25 and $35. The Federal Reserve Board may adjust these amounts 
annually  to  reflect  changes  in  the  Consumer  Price  Index  (CPI),  and  we  may  revise  any  of  the 
penalty fees below to reflect the CPI adjustments. We will not charge more than one penalty fee 
for a single event or transaction that violates multiple terms of this Agreement.  

• 

Late Fee: A fee if we do not receive at least the Minimum Payment Due by the Payment 
Due  Date  (or  the  next  business  day  if  your  Payment  Due  Date  falls  on  a  Saturday, 
Sunday or holiday). For any late payment, this fee will be: 
o 

$25 if you have had no late payment during any of the previous 6 billing cycles, 
or 
$35 if you have had any late payment during any of the previous 6 billing cycles, 
o 
but  never  more  than  the  full  amount  of  the  Minimum  Payment  Due  (as  shown  on  your 
billing  statement)  that  was  due  immediately  before  the  fee  is  assessed  (rounded  up  or 
down to the nearest dollar). 

4 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
• 

• 

• 

Over-the-Credit  Limit  Fee:  A  fee  if  (1)  you  have  told  us  that  you  want  Overlimit 
Transactions on your Account, and (2) we authorize any Overlimit Transaction. For any 
Overlimit Transaction, this fee will be:  
o 

$25 if you have had no Overlimit Transaction and your Account balance was not 
over your credit limit during any of the previous 6 billing cycles, or  
$35 if you have had any Overlimit Transaction or your Account balance was over 
your credit limit during any of the previous 6 billing cycles, 

o 

but never more than the amount by which your Account goes over your credit limit during 
the billing cycle in which the fee is assessed (rounded up or down to the nearest dollar). 
We  will  charge  you  an  Over-the-Credit  Limit  Fee  (a)  only  once  for  any  billing  cycle, 
regardless  of  the  number  of  Overlimit  Transactions  during  that  cycle,  and  (b)  if  your 
Account balance remains over your credit limit due to the same Overlimit Transaction(s), 
only once for each of the next two billing cycles. 

Returned Payment Fee: A fee if a check or similar instrument or any debit for payment on 
your Account is returned unpaid for any reason. The amount of this fee will be $25 or the 
full amount of the Minimum Payment Due that was due immediately before the payment 
was  returned  (rounded  up  or  down  to  the  nearest  dollar),  whichever  is  less.    We  will 
charge the fee even if the check or debit is later honored or paid.  

Returned Check Fee: A fee if we return a Check for any reason. The amount of this fee 
will  be  $25  or  the  amount  of  the  Check  that  is  returned  (rounded  up  or  down  to  the 
nearest dollar), whichever is less. 

(c) 

Other Fees: 

• 

• 

• 

• 

• 

Stop Payment Fee: A fee of $29 for each stop payment request on a Check, as described 
in  Section  16,  whether  or  not  we  actually  stop  payment,  subject  to  any  restrictions  of 
applicable law. 

Expedited  Delivery  Fee:  A  fee  if  you  request  and  we  agree  to  arrange  for  expedited 
delivery of any Card or Checks to you (for example, by an overnight delivery service). We 
will  disclose  the  amount  of  this  fee  at  the  time  you  request  this  service.  If  you  then 
confirm  and  we  honor  your  request,  we  will  charge  the  fee  disclosed  at  the  time  of  the 
request. 

Document  Fees:  The  following  fees  for  each  copy  of  a  sales  slip,  paid  Check  or  billing 
statement you request: 

For copies of sales slips or Checks: $5 for each item requested 

For duplicate copies of billing statements:  

o  $7 for each statement from the previous 12 months,  
o  $17 for each statement more than 12 months but not more than 24 months old,  
o  $27 for each statement more than 24 months but not more than 36 months old, 

and  

o  $37 for each statement more than 36 months old.  

There  will  be  no  charge  for  any  item  you  request  in  good  faith  in  connection  with  the 
resolution of any disputed billing matter.  

Transfer  Fee:  A  fee  of  $25  (in  addition  to  any  Cash  Advance  Fee)  if  you  request  us  to 
deposit a Cash Advance directly in your checking account, and we honor your request. 

Expedited  Payment  Fee:    A  fee  of  $15  if  you  request  us  to  expedite  payment  on  your 
Account  by  debiting  any  deposit  or  other  account  you  designate,  and  we  honor  your 
request.  

5 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
• 

• 

Skip Payment Fee:  A fee of $35 if we offer and you accept the option to skip any monthly 
payment and your Minimum Payment Due would have been $200 or more. 

Rate Reduction Fee:  A fee of $75 if a reduction in any interest rate, fee or other charge 
is offered by us and accepted by you, or requested by you and honored by us, even if this 
reduction is only for a temporary or limited time period. If we intend to charge this fee, we 
will tell you about the fee orally or in writing at the time we offer or agree to the reduction.  

13. 

Minimum Payment Due: The Minimum Payment Due each billing cycle will depend on your APRs and 
New Balance. 

(a) 

If All APRs are 23.49% or Lower: You must pay the greater of:  

• 

• 

$10; or  

2%  of  the  New  Balance  rounded  up  or  down  to  the  nearest  dollar  plus  (1)  any  unpaid 
Minimum Payments Due from previous bills and (2) any amount over your credit limit(s).  

However, if the New Balance is less than $10, you must pay the New Balance. 

(b) 

(c) 

(d) 

(e) 

If Any APR is Over 23.49%: If an APR greater than 23.49% applies at the end of any billing cycle, 
you  must  pay  $15  plus  (1)  any  interest  you  owe  for  that  billing  cycle,  (2)  any  unpaid  Minimum 
Payments Due from previous bills and (3) any amount over your credit limit. 

What Happens if You Pay More: You may pay more than the Minimum Payment Due at any time. 
You will not owe us any additional charge for early payment. If you pay more than the Minimum 
Payment Due in one billing cycle, you still have to pay the full Minimum Payment Due in the next 
cycles.  You  cannot  increase  your  available  credit  by  paying  more  than  the  unpaid  balance  on 
your Account.  

Skip  Payment  Offers:  We  may  let  you  skip  a  payment.  We  will  tell  you  when  you  can  skip  a 
payment. If you do, (1) we may charge a fee in an amount we tell you at the time of the offer, (2) 
you will owe interest for the skipped billing cycle, (3) you will lose any grace period that otherwise 
would apply and (4) you must pay the regular Minimum Payment Due for the next billing cycle. 

Payment Allocation:  We will use your Minimum Payment Due to pay down balances on your 
Account (including Purchases, Advances, Balance Transfers, interest, fees and other amounts) in 
any way we choose, unless an applicable law says we may not. If you make a payment that is 
larger than the Minimum Payment Due, we will apply the extra amount first to the balance with 
the highest interest rate, and any remaining portion of that extra amount to the other balances in 
descending order based on the applicable interest rate. 

14. 

Making  Payments:  You  must  pay  us  in  U.S.  dollars.  Mail  your  personal  check  or  money  order  to  the 
address shown on your bill. Include the payment stub from your bill with your payment. Do not send cash. 
If you do not follow these instructions, we might not credit the payment for up to five business days after 
we get it. 

(a) 

Disputed Payments: If you dispute any amount we say you owe under this Agreement, you 
must write to us at Compass Bank Card Center, P.O. Box 2101, Decatur, Alabama 35602-
2101. If you pay us with a check marked with “payment in full” or similar words, you must 
send  it  to  this  address.  Subject  to  any  restrictions  of  applicable  law:  (1)  the  words 
“payment  in  full”  or  similar  words  will  have  no  effect;  and  (2)  we  can  take  disputed 
payments without giving up any of our rights. 

(b) 

Paying at Branches, Online and By Telephone: If we let you pay at one of our branches, we will 
credit the payment as of the day we get it. If we let you pay online or by phone, we will tell you 
how to pay and when your payment will be credited. 

6 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
(c) 

Timing  for  Mailed  Payments:  If  you  mail  a  payment  to  the  address  shown  on  your  bill,  your 
payment will not be considered late if we receive it by 5 p.m. Central Time on the Payment Due 
Date (or the next business day if your Payment Due Date falls on a Saturday, Sunday or holiday).  

15. 

Special Offers: We may make a special offer to you. For example, we may offer a reduced promotional 
interest  rate.  Such  offers  may  apply  to  all  transactions  or  balances  on  your  Account,  or  only  to  some 
transactions  or  balances.  We  will  tell  you  what  terms  of  the  special  offer  differ  from  the  terms  of  this 
Agreement.  Except  as  we  tell  you  in  a  special  offer,  the  rest  of  this  Agreement  will  still  apply  to  your 
Account.   

16. 

Checks:  We  may  issue  Checks.  You  may  complete  and  sign  a  Check  to  make  a  Cash  Advance.  You 
may not use a Check to pay any amount you owe us. We do not have to pay or certify any Check.  

(a) 

Returning Checks: We do not have to pay (and may return unpaid) any Check if: 

• 

• 

• 

• 

• 

• 

The amount of the Check would cause you to go over any of your credit limits; 

You are in default under this Agreement;  

We suspended or terminated your credit privileges;  

We told you not to use the Account, Card or Checks for any reason;  

The  Check  is  postdated  or  stale.  This  means  the  date  you  put  on  the  check  is  a  date 
which  is  either (1)  later  than  the  date we get  it,  or (2)  more  than  six  months  before  the 
date we get it; or  

You did not fully complete and/or sign the Check. 

(b) 

(c) 

If we pay a Check anyway, you still have to pay us the amount of that Check and any applicable 
interest or fees. If we don’t pay a Check, we may charge a Returned Check Fee. 

Paid Checks: Your bill will show Checks we paid. We will not return Checks to you. You may ask 
us for copies of paid Checks. We may charge you a Document Fee for each copy.  

Stopping  Payment  on  a  Check:  You  may  ask  us  to  stop  payment  on  a  Check or  cancel  a  stop 
payment request. Call us at 1-800-239-5175 or write us at the address in Section 1(a). If you call, 
we may ask you to put your request in writing. You must tell us: (1) your Account number, (2) the 
date,  number  and  amount  of  the  Check  and  (3)  the  name  of  the  payee.  We  need  at  least  four 
hours advance notice to be able to stop payment. We will not owe anything to you or anyone else 
if we stop (or do not stop) a payment or cancel (or do not cancel) a stop payment request. We 
may charge a Stop Payment Fee, whether or not we actually stop payment. 

17. 

Currency  Conversion:  Visa  or  MasterCard  will  convert  the  amount  of  any  transaction  you  make  in  a 
currency other than U.S. dollars into U.S. dollars. Visa or MasterCard will use its own currency conversion 
procedures in effect at that time. Visa or MasterCard will pick an exchange rate on the processing date 
using either (1) the range of rates available in wholesale currency markets (which rate may differ from the 
rate Visa or MasterCard could get) or (2) the rate required by the government. The exchange rate used 
may differ from the exchange rate on the date you made the transaction. If you make a return or get a 
refund,  the same  procedures  apply.  The  amount  of any  return  or  refund credit  to  your  Account  may be 
slightly different from the amount of the original transaction because the exchange rate changes from day 
to day.  

18. 

Default:  If  you  do  or  fail  to  do  certain  things,  you  will  be  in  default  under  this  Agreement.  If  you  are  in 
default, we have certain rights and you have certain duties under this Agreement. In deciding whether you 
are in default and in using any of our rights, we will follow applicable law. 

(a) 

Events of Default: We may decide you are in default if you:  

7 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
• 

• 

• 

• 

• 

• 

• 

• 

• 

Fail to make a payment on this Agreement or any other agreement with us when due; 

Go over your credit limit;  

Make a payment that is not paid by your bank;  

Fail to do anything this Agreement requires;  

Do anything this Agreement prohibits;  

File or have filed against you a bankruptcy petition;  

Die, become legally incompetent or go to jail;  

Give  us  false  or  incomplete  credit  information,  false  signatures  or  make  any  material 
misrepresentation;  

Lose your Card or Checks (including if they are stolen).  

We also may decide you are in default if (1) we find you no longer qualify for any APR or credit 
limit then in effect on your Account or (2) we believe in good faith that you will not be able to pay 
what you owe for any other reason. 

(b) 

What Happens When You Are in Default: We may (1) suspend or terminate your credit privileges, 
(2) close your Account and/or (3) ask you to pay the full amount you owe right away. We will tell 
you  first  before  doing  these  things  if  an  applicable  law  requires  us  to.  You  still  have  to  pay  all 
amounts you owe us.  

19. 

Collection  Costs: We  may  charge  you  for costs we  have  to  pay  to  collect what  you  owe  after  default. 
These  costs  may  include  reasonable  fees  to  attorneys  who  are  not  our  paid  employees.  We  will  not 
charge you for our collection costs if you owe us $300 or less or an applicable law says we may not. 

20. 

Closing Your Account:  

(a) 

(b) 

We May Limit Use Of or Close Your Account: We may (1) temporarily take away your ability to 
make transactions or otherwise use your Account, (2) delay reissuing your Card, or (3) close your 
Account. We may do these things at any time, but will tell you first if an applicable law requires us 
to.  You  must  destroy  all  Cards  and  unused  Checks  if  we  tell  you  to.  You  still  have  to  pay  all 
amounts you owe us. If you are not in default when your Account is closed, you may pay off the 
balance under the terms of this Agreement that apply at that time. We can use all the rights and 
remedies we have under this Agreement until all amounts are repaid. We will not owe anything to 
you or anyone else if we do any of these things. 

You May Close Your Account: You may close your Account at any time by telling us in writing. 
You must destroy all Cards and unused Checks if we tell you to. You still have to pay all amounts 
you owe us. If you are not in default when you close your Account, you may pay off any balance 
under the terms of this Agreement that apply at that time.  

21. 

Information About You and Your Credit: You promise that the information you gave us to open your 
Account is true. You also promise to tell us right away and to stop using the Account if (1) you plan to file 
for  bankruptcy,  or  (2)  are  otherwise  unable  to  pay  your  debts.  We  may  look  again  at  your  financial 
condition and credit standing at any time and for any reason. We may get a current credit report or ask 
you  for  current  financial  information  or  documents.  For  example,  we  may  ask  about  your  property  and 
debts. We also may ask for copies of your tax returns or verification of your employment and income. You 
agree  to  let  us  do  this  and  help  with  any  investigation  of  your  credit  record.  A  negative  credit  report 
reflecting on your credit record may be submitted to one or more credit reporting agencies if you fail to 
fulfill your obligations under this Agreement. 

8 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
22. 

23. 

24. 

25. 

26. 

27. 

Inaccurate  Information:  Write  to  us  at  the  address  in  Section  1(a)  if  you  believe  that  (1)  we  have 
information  about  you  that  is  inaccurate  or  (2)  we  have  reported  or  may  report  inaccurate  information 
about you to a credit reporting agency. Tell us exactly what information you believe is inaccurate. 

Liability For Unauthorized Use: If you notice the loss or theft of your Card or a possible unauthorized 
use  of  your  Card,  you  should  write  to  us  immediately  at  Compass  Bank  Card  Center,  P.O.  Box  2210, 
Decatur, Alabama 35699-0001, or call us at 1-800-239-5175. You will not be liable for any unauthorized 
use that occurs after you notify us. You may, however, be liable for unauthorized use that occurs before 
your notice to us. In any case, your liability will not exceed $50. 

Telephone Monitoring; Consent to Communication: To make sure our employees give accurate and 
courteous  customer  service,  sometimes  your  call  may  be  monitored  by  a  second  employee  and/or 
recorded. You agree to this monitoring and recording. We may contact you using (1) any information or 
phone numbers (including cell phone numbers) you provide to us on your Application or otherwise, and 
(2) an automated telephone dialing system and/or artificial or prerecorded voice message, even if you are 
charged for the call under your phone plan. 

We Do Not Give Up Our Rights by Not Using Them: Sometimes we might decide not to do something 
we  could  do  under  this  Agreement,  like  charging  you  a  fee.  Or,  we  might  decide  to  do  something  less 
than what we could do, like charging you a lower fee or wait a few days before charging a fee. If we do 
this  one  or  more  times,  this  does  not  mean  we  have  to  do  it  again.  We  can  do  all  the  things  this 
Agreement allows in the future, even if we did something different one or more times in the past. We also 
might decide, for example, to:  

• 

• 

• 

• 

Accept late or partial payments; 

Give you more time to make a Minimum Payment Due; 

Reduce or not charge any interest or fee you would otherwise owe;  

Let one or more of you out of your promises under this Agreement without telling the others or 
letting them out of their promises. 

If we do any of these things, we will not lose any of our rights under this Agreement.  

Authorizing  Transactions;  Acceptance  of  Your  Card:  We  may  limit  the  number  or  dollar  amount  of 
transactions  on  your  Account.  We  do  not  have  to  authorize  any  transaction,  even  if  you  have  credit 
available. For example, we might not authorize a transaction if we need to verify your Account status. A 
merchant  does  not  have  to  accept  your  Card,  Checks  or  Account.  We  will  not  owe  anything  to  you  or 
anyone else if (1) we do not authorize a transaction, regardless of the reason, or (2) a merchant will not 
accept your Card, Checks or Account. Also, we will not owe anything to you or anyone else for goods or 
services you bought or leased using your Account. 

Assignment; Binding Effect; Severability: We may sell or give your Account, this Agreement and our 
rights or duties under this Agreement to any other person or company. We can do this at any time without 
telling you first or getting your permission. You may not sell or give your Account or any of your rights or 
duties  under  this  Agreement  to  any  other  person  or  company.  This  Agreement  will  be  binding  on  your 
heirs  and  legal  representatives.  This  means  they  may  have  to  pay  if  you  die  or  become  legally 
incompetent.  If  a  court  with  proper  authority  finds  any  part  of  this  Agreement  is  not  valid  or  cannot  be 
enforced, the other parts still will apply. 

28. 

Dispute Resolution: 

(a) 

This subsection (a) applies if you reside outside California. 

Arbitration: Either you or we may ask to settle disputes by arbitration. Arbitration is a way of working out 
disputes without going to court. If you or we ask for arbitration, we would all meet with a person called an 
arbitrator. An arbitrator is like a referee or a judge. The arbitrator will listen to what you and we have to 
say.  The  arbitrator  will  decide  who  is  right.  The  arbitrator’s  decision  is  called  an  award.  The  party  who 

9 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
wins the award can take it to any court that could have heard the dispute and get an official judgment. 
Please read the rest of this section carefully. It explains how arbitration works.  

Some  Legal  Rights  May  Not  Be  Available  in  Arbitration:  After  any  party  asks  for  arbitration  of  a 
dispute, neither you nor we can ask a court to hear that dispute. There will be no jury trial of that 
dispute.  You  cannot  be  part  of  any  class  action  relating  to  that  dispute.  The  right  to  get 
information  from  each  other  and  other  procedures  may  be  more  limited  in  arbitration  than  in 
court. With a few limited exceptions, the arbitrator’s award will be final and unchangeable. Other 
rights that you or we would have in a court also may not be available in arbitration. 

• 

What  Disputes  Are  Covered:  Any  dispute  that  arises  from  or  relates  to  this  Agreement,  your 
Account  and  any  transaction  involving  the  Account  will  be  settled  by  arbitration  unless  it  is 
described  below  in  “What  Disputes  Are  Not  Covered.”  This  means  that  disputes  about  the 
following are covered:  

o 

o 

o 

o 

o 

This Agreement, your Account or any transaction involving the Account; 

Any  advertisement,  promotion  or  oral  or  written  statement  related  to  this  Agreement  or 
your Account; 

Any relationships that result from this Agreement (including, as far as applicable law will 
allow,  relationships  with  third  parties  who  are  not  parties  to  this  Agreement  or  this 
arbitration provision); 

The  validity,  interpretation,  scope  or  enforceability  of  this  Agreement  (except  for  any 
challenge to the enforceability of this Dispute Resolution section or any dispute about the 
parts of this subsection (a) about class disputes); and 

Whether  it  is  too  late  to settle  a  dispute  because  of  any  statute of  limitations,  estoppel, 
waiver, laches or similar legal rule. 

It  doesn’t  matter  whether  the  dispute  is  based  on  contract,  fraud,  tort,  intentional  tort,  statute, 
regulation, constitution, common law, equity or otherwise.  It also doesn’t matter when the dispute 
began  (whether  before  this  Agreement,  now  or  in  the  future).  This  arbitration  provision  will 
continue to apply after this Agreement ends and/or after you or we close the Account. 

• 

What Disputes Are Not Covered: This arbitration provision does not cover any dispute: 

o 

o 

That you or we could take to a small claims court, which usually limits its cases based on 
the amount of the claim; or 

About the parts of this arbitration provision that prohibit class disputes. 

• 

• 

No Class Disputes: You cannot join together in a dispute with anyone other than people who use 
your  Account.  Even  if  other  people  have  disputes  similar  to  a  dispute  that  you  or  we  ask  to 
arbitrate, those people and their disputes cannot be part of any arbitration between you and us. 
You  cannot  arbitrate  any  dispute  on  a  class  action,  private  attorney  general  or  other 
representative  basis.  Only  a  court,  and  not  an  arbitrator,  may  decide  whether  this  provision 
prohibiting class disputes can be enforced. 

Who  Will  Arbitrate:  The  American  Arbitration  Association  (“AAA”)  or  JAMS  ADR  (“JAMS”)  may 
arbitrate any dispute, or you and we may agree upon a different arbitrator. For more information 
about arbitration, contact the AAA (www.adr.org or 1-800-778-7879) or JAMS (www.jamsadr.com 
or 1-800-352-5267). If for any reason the AAA or JAMS is unable or unwilling to arbitrate, or you 
and we cannot agree on an arbitrator, we will use another national or regional arbitration group. 
The number of arbitrators will depend on the total dollar amount of all disputes by both you and 
us.  If  the  total  is  $250,000  or  less,  one  arbitrator  will  hear  the  dispute(s).  If  the  total  is  over 
$250,000, three arbitrators will hear the dispute(s). Each arbitrator must be an active member in 

10 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
• 

• 

• 

good  standing  of  the  bar  for  any  state  in  the  continental  United  States,  and  either:  (a)  actively 
engaged in the practice of law for at least 5 years or (b) a retired judge. 

What Rules Apply: The arbitration of any dispute will be conducted according to the rules of the 
arbitrator  (“Rules”).  If  an  arbitrator  other  than  the  AAA  is  chosen,  the  Rules  of  the  AAA  will  be 
applied  to  any  circumstance  that  is  not  addressed  by  the  Rules  of  the  chosen  arbitrator.  If  the 
total of all disputes is $250,000 or less, we will use any expedited procedures in the Rules. If this 
Agreement  and  the  Rules  say  something  different,  we  will  follow  this  Agreement  and  not  the 
Rules.  

How To Start Arbitration: Either you or we may start an arbitration by giving written notice to the 
other  party.  At  a  minimum,  this  notice  must  describe  the  subject  of  the  dispute  and  the  result 
requested in arbitration by the party giving the notice. If you ask us to arbitrate, you can choose 
the  AAA  or  JAMS,  or  suggest  another  national  or  regional  arbitration  group  to  arbitrate  the 
dispute. If we ask you to arbitrate, we will give you 10 days to choose the AAA or JAMS, or to 
suggest another national or regional arbitration group. In either case, if you suggest an alternative 
to the AAA and JAMS, we will work with you to determine if you and we can agree on a different 
group or arbitrator.  If you and we are unable to  agree, the arbitration will be conducted by the 
AAA or, if the AAA is not available, by a similar arbitration group. The party asking for arbitration 
must file a notice with the arbitration group following the Rules in effect at that time.  

When a Party May Ask for Arbitration: You or we may ask for arbitration before or after a lawsuit 
has been filed. You or we must ask for arbitration within the statute of limitations that would apply 
to  the same dispute  in  court.  If  it  is  too  late  to resolve  the  dispute  in court,  it  is  also  too  late  to 
resolve it in arbitration.  

• 

What the Arbitrator(s) Must and May Not Do: Each arbitrator must:  

o 

o 

o 

o 

o 

o 

Limit discovery to information that is directly relevant to the dispute and is not considered 
confidential or otherwise protected from being made public. Discovery is the process by 
which you and we ask each other for information about the dispute;  

Make decisions and awards based on the evidence and applicable substantive law and 
the rules of evidence used in federal courts;  

Make  decisions  and  awards  only  with  respect  to  claims  made  by  or  against  you 
individually;  

Give  a  brief written explanation  of  the basis  for  the award upon  request  of  either party; 
and 

Make specific findings of fact and conclusions of law to support any award greater than 
$25,000. 

Not make any award that would require you and us to continue any relationship we may 
have under this Agreement or otherwise. 

• 

Who Pays for Arbitration: There will be costs for arbitration. Contact the AAA or other arbitration 
group to find out what the arbitration charges will be. You may have to pay some of the arbitration 
charges unless this Agreement, an applicable law or the Rules say we must pay. If the total dollar 
amount of all disputes is $50,000 or less, we will pay that portion of the arbitration filing fee that is 
more than the cost of filing a lawsuit in the federal court where you live. You can ask us to pay 
some or all of the other arbitration charges you have to pay, but we don’t promise to do as you 
ask. At the end of the arbitration, the arbitrator(s) will decide who has to pay for any arbitration 
charges that are greater than those we agreed to pay. The arbitrator(s) also may order us to pay 
some  or  all  of  your  attorneys,  expert  and  witness  fees.  Unless  ordered  otherwise  by  the 
arbitrator(s), each of us must pay for its own attorneys, expert and witness fees, no matter who 
wins. 

11 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
• 

• 

• 

• 

Where  Will  Arbitration  Take  Place:  Any  arbitration  will  take  place  in  the  federal  judicial  district 
near your home. Or, you and we could agree that arbitration will take place somewhere else. 

What Law Applies: This arbitration provision is made pursuant to a transaction involving interstate 
commerce.  The  Federal  Arbitration  Act  will  apply  to  the  construction,  interpretation  and 
enforceability  of  this  arbitration  provision  despite  any  other  choice  of  law  provision  in  this 
Agreement.  

Other Rights and Remedies: Nothing in this arbitration provision will limit certain other rights you 
or we may have. This means that you or we could, for example:  

o 

o 

Get an injunction, which is a court order to stop someone from doing something; or 

File an interpleader action, which is a type of lawsuit used to decide who owns property 
that more than one person claims to own.  

If you or we do any of these things or take part in any other court case, it does not affect your or 
our rights under this arbitration provision. 

What Happens If Part or All of This Arbitration Provision Cannot Be Enforced: Only a court and 
not  an  arbitrator  can  determine  if  any  part  of  this  arbitration  provision  cannot  be  enforced.  If  a 
court  with  proper  jurisdiction  says  that  any  part  of  the  “No  Class  Disputes”  subsection  above 
(which  prohibits  arbitration  of  class  disputes)  cannot  be  enforced,  then  none  of  the  arbitration 
section  in  this  Agreement  will  apply,  and  this  section  will  be  considered  deleted  from  the 
Agreement. If a court with proper jurisdiction says that any other part of this arbitration provision 
cannot  be  enforced,  then  the  rest  of  this  arbitration  subsection  still  will  apply,  including  the  “No 
Class Disputes” subsection above.   

Waiver  Of  Jury  Trial:    This  provision  limits  your  rights  to  a  jury  trial.    You  should  review  this 
section carefully.  If you and we have any dispute related to this Agreement, your Account, or any 
transactions involving your Account and (i) neither you nor we seek to compel arbitration of the 
dispute,  or  (ii)  some  or  all  of  the  arbitration  section  is  unenforceable  and  the  dispute  will  be 
resolved in court, then you and we agree voluntarily and knowingly to waive any right each may 
have to a jury trial to the fullest extent permitted by law. 

Attorneys’ Fees.  In any action between you and us in court, the prevailing party will be entitled to 
receive from the other party an amount equal to the reasonable attorneys’ fees the prevailing party 
incurred in bringing or defending the court action. 

(b) 

This subsection (b) applies if you reside in California. 

Judicial  Reference:  Either  you  or  we  may  ask  to  settle  disputes  by  judicial  reference  under  the 
provisions  of the  California  Civil Code, Sections  638-645.1, unless  the  dispute  is part  of  a class  action. 
This judicial reference provision limits your ability to ask a court to hear a dispute and your right 
to a jury trial.  By agreeing to judicial reference, you and we waive, and shall not have, any right to 
a jury trial.  You should review this section carefully. It explains how judicial reference works.  

Some Legal Rights May Not Be Available in Judicial Reference:  Judicial reference is a proceeding 
where disputes are decided by a judicial referee.  The judicial referee will receive evidence at a hearing 
and then issue a statement of decision upon which a judgment is based. You and we agree that the 
referee will have the power to decide all issues of fact and law, to issue a statement of decision, and to 
provide all legal and equitable relief appropriate based on the evidence provided at the hearing. 

• 

What  Disputes  Are  Covered:  Any  dispute  that  arises  from  or  relates  to  this  Agreement,  your 
Account and any transaction involving the Account will be settled by judicial reference unless it is 
described  below  in  “What  Disputes  Are  Not  Covered.”  This  means  that  disputes  about  the 
following are covered:  

12 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
o 

o 

o 

o 

o 

This Agreement, your Account or any transaction involving the Account; 

Any  advertisement,  promotion  or  oral  or  written  statement  related  to  this  Agreement  or 
your Account; 

Any relationships that result from this Agreement (including, as far as applicable law will 
allow, relationships with third parties who are not parties to this Agreement or this judicial 
reference provision); 

The  validity,  interpretation,  scope  or  enforceability  of  this  Agreement  (except  for  any 
challenge to the enforceability of this Dispute Resolution section or any dispute about the 
parts of this subsection (b) about class disputes); and 

Whether  it  is  too  late  to settle  a  dispute  because  of  any  statute of  limitations,  estoppel, 
waiver, laches or similar legal rule. 

It  doesn’t  matter  whether  the  dispute  is  based  on  contract,  fraud,  tort,  intentional  tort,  statute, 
regulation, constitution, common law, equity or otherwise.  It also doesn’t matter when the dispute 
began (whether before this Agreement, now or in the future). This judicial reference provision will 
continue to apply after this Agreement ends and/or after you or we close the Account. 

• 

What Disputes Are Not Covered: This judicial reference provision does not cover any dispute: 

o 

o 

That you or we could take to a small claims court, which usually limits its cases based on 
the amount of the claim; or 

About the parts of this judicial reference provision that prohibit class disputes. 

No  Class  Disputes:  A  claim  by,  or  on  behalf  of,  other  persons  will  not  be  considered  in,  joined 
with,  or  consolidated  with,  the  judicial  reference  proceedings  between  you  and  us.    Any  such 
claim will be resolved in a court of proper jurisdiction. 

Who Will Serve as Referee:  You and we agree that a single referee who is a retired California 
state  or  federal  court  judge  shall  be  appointed  by  the  court  under  California  Code  of  Civil 
Procedure 640 and shall preside over the reference proceeding and decide all issues of fact and 
law.    If  you  and  we  are  unable  to  agree  upon  a  referee  within  10  days  of  a  written  request  for 
judicial  reference  by  any  party,  then  any  party  may  ask  a  court  to  appoint  a  referee  under  the 
California Code of Civil Procedure, Sections 638 and 640, and may nominate up to three retired 
state or federal court judges to serve as this referee. 

How  To  Start  a  Judicial  Reference  Proceeding:  Either  you  or  we  may  start  a  judicial  reference 
proceeding by giving written notice to the other party. At a minimum, this notice must describe the 
subject of the dispute and the result requested in the judicial reference proceeding by the party 
giving the notice.  

When a Party May Ask for Judicial Reference: You or we may ask for judicial reference before or 
after  a  lawsuit  has  been  filed.  You  or  we  must  ask  for  judicial  reference  within  the  statute  of 
limitations that would apply to the same dispute in court. If it is too late to resolve the dispute in 
court, it is also too late to resolve it in judicial reference.  

• 

• 

• 

• 

• 

What the Referee Must and May Not Do: The referee must:  

o 

o 

Make decisions and awards based on the evidence and applicable substantive law and 
the rules of evidence used in federal courts;  

Make  decisions  and  awards  only  with  respect  to  claims  made  by  or  against  you 
individually;  

13 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
o 

o 

Provide a statement  of  decision  indicating  how  each  dispute was  decided,  along with  a 
concise  written  explanation  of  the  basis  for  the  award.  The  referee’s  statement  of 
decision must contain written findings of fact and conclusions of law. The court shall enter 
judgment  thereon  under  California  Code  of  Civil  Procedure  Sections  644(a)  and  645.  
After this judgment is entered, the decision of the referee shall then be appealable as if 
made by the court.  

Not make any award that would require you and us to continue any relationship we may 
have under this Agreement or otherwise. 

• 

Other  Rights  and  Remedies:  Nothing  in  this  judicial  reference  provision  will  limit  certain  other 
rights you or we may have. This means that you or we could, for example:  

o 

o 

Get an injunction, which is a court order to stop someone from doing something; or 

File an interpleader action, which is a type of lawsuit used to decide who owns property 
that more than one person claims to own.  

If you or we do any of these things or take part in any other court case, it does not affect your or 
our rights under this judicial reference provision. 

• 

What  Happens  If  Part  or  All  of  This  Judicial  Reference  Provision  Cannot  Be  Enforced:  If  any 
portion  of  this  judicial  reference  provision  is  not  enforced  other  than  the  “No  Class  Disputes” 
section, the remaining portions of it will remain enforceable. This judicial reference provision shall 
survive termination of this Agreement and the closing of your Account. 

Attorneys’ Fees.  In any action between you and us, regardless of whether the action is in court or in 
judicial reference, each party must pay its own attorney, expert, and witness fees, regardless of how the 
dispute is resolved. 

California Residents: You understand and agree that interest is compounded under the terms of this Agreement. 

Maryland  Residents:  You  have  the  right  under  Maryland  Commercial  Law Code  Section 12-510  to  receive  an 
answer  to  a  written  inquiry  concerning  the  status  of  your  Account.  Finance  charges  will  be  imposed  on  the 
outstanding balances from month to month in amounts or at rates not in excess of those permitted by law.  

New Jersey Residents: Because certain provisions of this Agreement are subject to applicable law, they may be 
void,  unenforceable  or  inapplicable  in  some  jurisdictions.  None  of  these  provisions,  however,  is  void, 
unenforceable or inapplicable in New Jersey. 

NOTICE  TO  THE  BUYER  -  DO  NOT  SIGN  THIS  CREDIT  AGREEMENT  BEFORE  YOU  READ  IT  OR  IF  IT 
CONTAINS  BLANK  SPACES.  YOU  ARE  ENTITLED  TO  A  COPY  OF  THIS  AGREEMENT.  KEEP  IT  TO 
PROTECT YOUR LEGAL RIGHTS.  

Signatures: 

You:  Any handwritten, electronic or digital signature provided by you or any person whom you allow to use the 
Account  on  any  document  in  connection  with  opening  or  using  your  Account  serves  as  your  signature  on  this 
Agreement. 

Bank: We have signed this Agreement as follows: 

/s/ A. Smith 
A. Smith 
Vice President 
Compass Bank  

14 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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 the payment address shown on your bill.  

In your letter, 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.  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. 

While we investigate whether or not there has been an error: 

•  We cannot try to collect any 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 that 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. 

15 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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 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 are 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  the 
payment address shown on your bill.  

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. 

16 

 
 
 
 
 
 
 
 
 
 
 
 
BBVA Compass ClearPoints Credit Card Account 
Pricing Information as of September 30, 2011 

This pricing information is accurate as of the date listed above, but may have changed after that date.  You can 
always find out the most current pricing information by contacting us at: Compass Bank, P.O. Box 2210, Decatur, 
AL 35699 or 1-800-239-5175. 

Interest Rates and Interest Charges 

Annual Percentage Rate 
(APR) for Purchases 

Prime* + 5.99% to 19.99%, based on your creditworthiness 

This APR will vary with the market based on the Prime Rate. 

APR for Balance 
Transfers 

Prime* + 5.99% to 19.99%, based on your creditworthiness 

This APR will vary with the market based on the Prime Rate. 

APR for Cash Advances 

Prime* + 18.99% to 23.99%, based on your creditworthiness 

This APR will vary with the market based on the Prime Rate. 

Paying Interest 

Your due date is at least 25 days after the close of each billing cycle. We will not 
charge you interest on purchases if you pay your entire balance by the due date 
each month.  We will begin charging interest on cash advances and balance 
transfers on the transaction date. 

Minimum Interest Charge 

If you are charged interest on purchases, the charge will be no less than $1. 

Fees 

Transaction Fees 

•  Cash Advance 

Either $10 or 4% of the amount of each cash advance, whichever is greater 

•  Balance Transfer 

Either $10 or 4% of the amount of each transfer, whichever is greater 

•  Foreign Transaction 

3% of each transaction in U.S. dollars 

Penalty Fees 

•  Late Payment 

Up to $35  

•  Over-The-Credit Limit 

Up to $35 (but only if you have authorized transactions over your credit limit) 

•  Returned Payment 

Up to $25 

How  We  Will  Calculate  Your  Balance:  We  use  a  method  called  "average  daily  balance  (including  new 
purchases).”  See your account agreement for more details.  

*For  each  billing  cycle,  we  use  the  Prime  Rate  from  The  Wall  Street  Journal  two  business  days  before  the 
Statement Date for that billing cycle. Your APRs may increase if the Prime Rate increases. If your APRs increase, 
the amount of interest you will owe and the Minimum Payment Due may increase. 

BBVA Compass is a trade name of Compass Bank, a member of the BBVA Group. 

17