Your Modell's MVP Visa Credit Card Account Agreement.
390701004 (02/14)
This card is issued by Comenity Capital Bank pursuant to a li-
Minimum Payment: The Minimum Payment Due is the total of minimum pay-
cense from Visa USA Inc. Visa is a registered trademark of Visa
ments for Regular Revolving and Promotional Credit Plan purchases plus any
USA Inc. This Agreement covers the Terms and Conditions of
Past Due amounts. The total Minimum Payment Due on your account won't be
your account with us. In this document, you will find important
less than $25.00. If your Account balance is less than $25.00, you must pay the
amount indicated on your Statement in full. The Minimum Payment Due for each
information about using and managing your account, including
Regular Revolving and Cash Revolving Credit Plans will be:
a Privacy Statement and information concerning your billing
The greater of:
rights. Your use of the account, or failure to close the account
o
1% of the New Balance, excluding any new Regular Revolving or Cash
within the 30 days of receiving this document, indicates your
Revolving Credit Plan Finance Charges shown on the Statement; or
o
$5.00
acceptance of the terms of this agreement, including the assess-
Plus any new Regular Revolving or Cash Revolving Credit Plan Finance
ment of any interest charges and fees.
Charges shown on the Statement rounded up to the nearest $1.00.
Section I of this Agreement also includes a Jury Trial Waiver and
See Minimum Payment in Section C below for promotional credit plan minimum
an Arbitration Provision in the event of a dispute.
payment calculations.
The APR information described below is accurate as of February 1, 2014. Due to
You have a right to reject this Arbitration Provision.
a change in the index, this information may have changed. To find out more, call
If you do not reject this Arbitration Provision, it will be part
us at 1-855-334-3686 (TDD/TTY: 1-888-819-1918), or write us at Comenity
of this Agreement and will:
Capital Bank, PO Box 183003, Columbus, Ohio 43218-3003 or visit our web-
o
Eliminate your right to a trial by jury; and
site at comenity.net/modellsmvpvisa.
o
Substantially affect your rights, including your right
A. Getting Started
to bring, join in or participate in class proceedings.
Definitions
Please read each section carefully and keep this document for
In this Agreement, "We," "Us" and "Our" mean Comenity Capital Bank. "You'
and "Your" mean each person who submits an application or solicitation for an
your records.
Account with us. "Account" means your credit card account with us. "Card"
In the following sections, you will find information on:
means each credit card we issue for your Account. "Credit Plan" means one or
Financial terms of your account: An at-a-glance summary of the fees and charges
more payment program options Modell's may ask us to offer from time to time.
associated with your account
Upholding your Agreement
A. Getting started: the basics of your account
You agree to the terms of this Agreement, and promise to do everything re-
quired of you. If you sign or submit an application or solicitation to obtain
B.
Keeping your account in good standing: avoiding default, and what to do if
credit from us, you'll be legally bound by this Agreement. You're also legally
your card is lost or stolen
bound if you sign a charge slip, or permit someone else to use the credit
C.
Learning more about your account: credit plans, and credit limits, and how
provided.
payments are calculated and applied
You agree that the credit extended under your Account will be used only for
D.
Interest, fees and charges: when and how fees and costs are applied to your
personal, family or household purposes and not for business or commercial
account
purpose.
E.
Other important information: legal rights, costs, and how we'll handle
If the Account is a joint Account, you and the joint Account holder will be
changes to your account
bound by this Agreement. Each of you will be jointly and individually respon-
F.
Disputes and reporting to consumer reporting agencies: data we provide,
sible for repaying all amounts due. If more than one person is responsible for
and receive from, consumer reporting agencies, and what to do if you think
this Account, we will only provide billing statements and communications to
there is an error on your periodic statement
one of you.
G.
Optional products: how to protect your account from fraud or theft, and
Any authorized user of your Account will be bound by the terms of this Agree-
information on services that can help pay your debt in case of emergencies
ment. One additional Card may be issued with the individual name of an
authorized user embossed on the Card. If you want to revoke the use of your
H.
Communicating with us: what happens when you contact us
Account by an authorized user, either write us at the address, or call us at the
I.
Arbitration and jury trial waiver: how we'll resolve disagreements, including
phone number, shown on your Statement.
a jury trial waiver and Arbitration provision
You agree to pay for all transactions made on your Account by an authorized
Privacy statement: how we collect, use, share, and protect your personal informa-
user, whether or not such transactions were authorized by you or made for
tion: and the privacy choices you can make
your benefit.
Financial terms of your account
Card signature (as applicable)
For your own protection, please sign your Card before using it. Keep in mind that
Interest Rates and Interest Charges
your signature on the Card isn't a prerequisite to your obligation to pay amounts
incurred on your Account.
23.99%, 21.99%, or
Using your Account
Annual
Your Account may be used to make purchases from anywhere Visa is accepted.
Percentage
17.99%
when you open your
We reserve the right to not honor transactions related to, including, but not
account, based on your creditworthiness.
limited to, gambling, ATM usage at casinos, and illegal activities.
Rate (APR) for
You may obtain a loan from us under your Account by using your Card or a
Purchases
After that, this APR will vary with the
convenience check as follows: by purchasing goods or services with your Card
or your Account number; by obtaining a cash advance from a financial institu-
market based on the Prime Rate.
tion, by use of an ATM; by using a convenience check; or, by incurring charges
APR for Balance
25.99%
authorized by this Agreement.
From time to time, in our sole discretion, we may send you convenience
Transfers and
This APR will vary with the market based
checks for use in borrowing under this Agreement. All convenience checks you
Cash Advances
on the Prime Rate.
use will be treated as cash advances under this Agreement, and subject to the
terms and fees that apply to cash advances, unless we advise you otherwise.
Your due date is at least 25 days after
You agree that convenience checks that you use will not be returned to you.
the close of each billing cycle. We will
You may not use the convenience checks to make payments on any Comenity
not charge you interest on purchases if
Capital Bank Bank Account.
You agree not to use a convenience check, and we do not have to pay any
Paying Interest
you pay your entire balance by the due
convenience check:
date each month. We will begin charging
o
if you are in default under this Agreement;
o
interest on balance transfers and cash
if payment of that convenience check would cause your outstanding
cash advance balance to exceed your cash advance limit; or
advances on the transaction date.
o
if we cancel or suspend your right to use convenience checks
Minimum
From time to time, in our sole discretion, we may offer you the ability to
If you are charged interest, the charge
transfer account balances from other credit card accounts you may have to
Interest Charge
will be no less than $2.00 per credit plan
the Account. We may, in our sole discretion, offer promotional plans for such
balance transfers.
For Credit
To learn more about factors to consider
You may use the Card to obtain cash advances through certain ATMs. You will
Card Tips from
be given a Personal Identification Number (PIN) which must be used in order
the Consumer
when applying for or using a credit
to obtain an ATM cash advance.
card, visit the website of the Consumer
o Some limitations on ATM cash advances may apply, such as limita-
Financial
Protection
Financial Protection Bureau at http://
tions on dollar amount, number, or currency denominations.
o
You agree that any charges imposed by third parties for use of their
Bureau
www.consumerfinance.gov/learnmore
ATM facilities will be added to your Account balance as a cash ad-
vance.
Fees
If you make a purchase or obtain a cash advance in a foreign currency, it will
be converted by Visa into U.S. dollars in accordance with Visa Operating Regu-
Annual Fee
None
lations in effect at the time the transaction is processed.
o
The currency conversion rate in effect on the processing date may dif-
Transaction Fees
fer from the rate in effect on the transaction date or the posting date.
o
Balance Transfer
The currency conversion rate used may be the same as, greater than, or
The greater of $10 or 3% of the
less than the amount that would be calculated by conversion through
amount of the balance transfer.
a financial institution in the country in which the purchase or cash
Cash Advance
The greater of $5 or 3% of the
advance occurred.
Making payments
amount of the cash advance.
Pay your Account by sending a check, money order, or cashier's check payable
Convenience Checks
The greater of $5 or 3% of the
in U.S. dollars, to the name and address shown on your Statement specified
amount of the convenience
for payments. Please don't send cash.
check.
Be sure to include your payment stub, do not staple your payment to the stub,
use the envelope provided with your Statement and don't send any correspon-
Foreign Transaction
3% of each transaction in U.S.
dence with your payment.
dollars.
If your payment doesn't meet these requirements, it may not be credited to
your Account for up to five days, or may be rejected.
Penalty Fees
All written communications concerning disputed amounts, including any
check or other payment instrument marked with "payment in full" or similar
Late Payment
Up to $35
language, must be sent to 6550 North Loop 1604 East, Suite 101, San An-
Returned Payment
Up to $35
tonio, Texas 78247-5004.
o
We may accept a payment sent to any other address without losing
any of our rights.
How We Will Calculate Your Balance: We use a method called
o
No payment shall operate as an accord and satisfaction without our
"daily balance." See your Account agreement for more details.
prior written approval.
B. Keeping your account in good standing
Billing Rights: Information on your rights to dispute
Avoiding default
transactions and how to exercise those rights is provided in your
You'll be in default under this Agreement if you:
account agreement.
Fail to make any payment when due
Violate any provision of this Agreement
Comenity Capital Bank 1-855-334-3686 (TDD/TTY 1-888-819-1918)
Pass away
New York Residents: New York Residents may contact the New York state Depart-
Become the subject of bankruptcy or insolvency proceedings
ment of Financial Services by telephone or visit its website for free information
Supply us with misleading, false, incomplete or incorrect information
on comparative credit card rates, fees, and grace periods. New York Department
Are unable or unwilling to perform the terms or conditions of this Agreement
of Financial Services 1 (800) 518-8866 or www.dfs.ny.gov.
Fail to supply us with any information we deem necessary
Default under any other loan or agreement you have with us or any of our af-
Rate Information: The following chart provides details on your variable rate(s) as
filiates
of February 1, 2014. We divide the APR by 365 to determine the daily periodic
Become incompetent
rate.
Exceed your Credit Limit
Add to Index
APR
Daily Periodic Rate
Issue a payment returned unpaid by your bank for any reason
Tier 1
20.74%
23.99%
0.06573%
If we consider your Account in default, we may suspend your ability to make
Tier
charges, close your Account, require you to pay the full amount you owe im-
18.74%
21.99%
0.06025%
mediately or take any other action permitted by law. If applicable law requires
Tier 3
14.74%
17.99%
0.04929%
us to do so, we'll tell you in advance and/or give you the opportunity to remedy
Balance Transfers
your default.
22.74%
25.99%
0.07121%
and Cash Advances
Reporting a lost or stolen card (as applicable)
If you notice the loss or theft of your credit card or a possible unauthorized use
We'll charge you a minimum interest charge of $2.00 per credit plan for any
of your card, you should write to us immediately at PO Box 183003, Columbus,
billing period in which interest is due. For additional information, see Rates in
Ohio 43218-3003 or call us at 1-855-334-3686 (TDD/TTY: 1-888-819-1918).
Section D.
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.
C. Learning more about your account
Rates
Credit Plans
The Index in effect for each billing period will be the highest "Prime Rate" of
Your Account may consist of a non-promotional ("Regular Revolving") Credit
interest as published in the "Money Rates" section of The Wall Street Journal
Plan and one or more promotional Credit Plans. Credit Plans offered and their
for the calendar month preceding the month in which the billing period be-
particular features (including but not limited to minimum purchase require-
gins, rounded upward if necessary, to the nearest .001% ("Index").
ments and minimum payment) may vary occasionally at our discretion and
Any variable APR may increase if the Index increases.
include one or more Regular Revolving or promotional Credit Plans.
An increase or decrease in the APR will result in a corresponding increase
We may offer different promotional Credit Plans from time to time.
or decrease in the amount of interest and may increase the Total Minimum
If a promotional Credit Plan is offered at the time you open your Account,
Payment.
this Agreement will include information about the terms for the Plan, by use
Other fees and charges
of an insert, attachment, or other written information provided as part of this
You agree to pay the following fees and charges:
Agreement.
Late Fee: If you don't pay at least the Minimum Payment Due by the Payment
Normal late fees, returned payment fees and all other provisions apply to any
Due Date, we will charge you a late fee.
promotional Credit Plan, unless inconsistent with a particular Credit Plan of-
o
The fee is $25.00 if you were not charged a late fee during any of the
fering.
prior six billing periods.
If the promotional Credit Plan purchase isn't paid in full before the promo-
o
Otherwise, the fee is $35.
tional period ends, the balance will be transferred to your Regular Revolving
o
This fee will never exceed the minimum payment due that was due
balance.
immediately prior to the date on which the fee was assessed.
Promotional Credit Plans may include:
Returned Payment Fee: We may charge you a fee for each payment that your
o Waive Interest, Payment Required
o Defer Interest, Payment Required
bank doesn't honor for any reason.
o Waive Interest, Equal Payment
o Defer Interest, Low Payment
o
The fee is $25.00 if you were not charged a returned payment fee
o Waive Interest, Low Payment
o Low APR, Equal Payment
during any of the prior six billing periods.
o Defer Interest, Equal Payment
o Budget Payment
o
Otherwise, the fee is $35.
Skip-payment option
o
This fee will never exceed the minimum payment due that was due
At our discretion, we may allow you to skip making the Minimum Payment.
immediately prior to the date on which the fee was assessed.
Finance Charges will be assessed during the skip-payment period, but a late
Although we may decide to do so, we aren't required to attempt to collect a
fee won't be imposed. This will not be considered a waiver of any of the rights
payment more than once.
granted by this Agreement.
Document Fees: If we provide you with a copy of any Statement, sales draft or
All other terms of your Account apply during the skip-payment period.
similar document at your request (except in connection with billing error in-
Credit limit
quiries or resolution), we may charge the Account the following fee(s), subject
Your Credit Limit is the total maximum amount we permit you to owe us at
to any limitations of applicable law:
any time.
o Statement copy $6.00
You may not exceed any Credit Limit that we set for your Account.
o
Sales/Credit Draft copy $6.00
If you do exceed your Credit Limit, we can still charge you for all transac-
o
Check/Money Order copy $6.00
tions, interest and other charges without giving up any of our rights under this
Alternative Payment Method Fee: We may offer alternative payment methods
Agreement.
that allow you to make individual, expedited payments to your Account over
We may change your Credit Limit at any time.
the phone. If you choose to use this payment method, we may assess the
Account cancellation
current fee we charge for this service. subject to any limitations of applicable
You may cancel your Account. You're still obligated to pay the full amount
law. Currently, that fee is up to $15.00 but may change. We'll let you know the
you owe us.
current fee before you authorize any payment(s), and you can withdraw your
We may cancel your Account at any time, for any reason.
request if you don't want to pay the fee.
We may refuse to authorize any transaction on your Account. We may also
Cash Advance Fee: For any cash advance obtained in person from a financial
suspend your Account and your right to use your Card, including each Card
institution or through an ATM, you will pay a transaction fee equal to the
you give to others.
greater of $5 or 3% of the amount of the cash advance. You take a cash ad-
We may stop offering any Credit Plan at any time, for any reason.
vance if you use a convenience check; get money through an automated teller
Cancellation or suspension of your Account doesn't negate your obligation to
machine (ATM); or get money through a financial institution.
pay any amount you owe us.
Convenience Check Fee: For any convenience check written against your Ac-
Cancellation of your Account includes each Card you give to others.
count, you will pay a transaction fee equal to the greater of $5 or 3% of the
amount of the convenience check.
Cards are issued with an expiration date. We have the right not to renew your
Account.
Balance Transfer Fee: For any balance transfer from another account, you will
Minimum Payment
pay a transaction fee equal to the greater of $10 or 3% of the amount of the
balance transfer.
You can pay all of your Account balance at any time without
Foreign Transaction Fee: For any charge or cash advance outside the United
penalty.
States or in a foreign currency, you will pay a transaction fee equal to 3% of
You must pay at least the Total Minimum Payment for each billing period by
the U.S. dollar amount of the transaction. If a charge or cash advance is con-
the Payment Due Date shown on your Statement.
verted into U.S. dollars our network providers (Visa, MasterCard, and Discover)
The Minimum Payment is the total of the minimum payments for the Regular
will select either (1) a rate from the range of rates available in wholesale cur-
Revolving and promotional Credit Plans plus any Past Due amounts.
rency markets for the applicable central processing date, which may vary from
The Total Minimum Payment won't be less than $25.00. If your Account bal-
the rate the network provider itself receives, or (2) a government-mandated
ance is less than $25.00, you must pay the amount indicated on your State-
rate in effect for the applicable central processing date.
ment in full.
Return Convenience Check Fee: For each convenience check written against
The minimum payment for each Credit Plan is calculated as follows:
your Account which fails to clear and is returned unsatisfied, you will pay a
o
The minimum payments for Waive Interest, Payment Required and
fee of up to $35.
Defer Interest, Payment Required Credit Plans will be the greater of:
Stop Payment Fee: For each convenience check written against your Account
(a) $5.00; or
on which you request us to stop payment, you will pay a fee of up to $35,
(b) 1% (rounded up to the nearest $1.00) of the New Balance
regardless of whether we actually stop payment on the convenience check.
shown on your Statement for that Credit Plan.
E. Other important information
o
The minimum payment for the Waive Interest, Equal Payment and
Collection costs
Defer Interest, Equal Payment Credit Plans will be the amount of the
purchase divided by the number of months between the date of the
To the extent not prohibited by applicable law, you agree to pay the reasonable
purchase and the promotional period end date (minimum $5.00)
costs for collecting amounts due, including reasonable attorney's fees and court
rounded up to the nearest $1.00.
costs incurred by us or another person or entity.
o
The minimum payment for the Low APR, Equal Payment Credit Plan
Changes
will be the amount of the purchase including the calculated interest
We may add, change, or delete the terms of your Account. If required by appli-
charges that will be assessed from the date of purchase through the
cable law, we will give you advance written notice of the change(s) and a right to
end of the promotional period divided by the number of months be-
reject the change(s).
tween the date of the purchase and the promotional period end date
Security Interest
(minimum $5.00) rounded up to the nearest $1.00.
You grant us a security interest in all goods you purchase through the use of the
o
The minimum payment for the Waive Interest, Low Payment and Defer
Account, now or at any time in the future and in all accessions to and proceeds of
Interest, Low Payment Credit Plans will be the greater of:
such goods. We waive any security interest we may have in your principal dwell-
(a) $5.00 or
ing, to the extent that it would otherwise secure any obligation arising hereunder.
(b) 1.0% (rounded up to the nearest $1.00) of the New Balance
Changes to your information
shown on your Statement for that Credit Plan.
You agree to notify us immediately of any changes to your name, mailing address,
Payment application
electronic mail address or telephone number(s).
We reserve the right to apply payments equal to or less than the Total Mini-
Governing Law
mum Payment however we see fit, which may result in balances subject to
THIS AGREEMENT IS GOVERNED BY UTAH AND APPLICABLE FEDERAL LAW.
lower interest rates being paid prior to other balances. This may also result in
THIS IS THE LAW WE ARE SPEAKING OF WHEN WE REFER TO A TERM PER-
higher interest charges.
MITTED OR REQUIRED BY APPLICABLE LAW.
Any payment you make in excess of the required Total Minimum Payment will
Transfer of Rights/Assignment
be allocated to your Account as required by applicable law.
Your rights under this Agreement can't be transferred by you, by operation of law
Excess payments received before a deferred interest promotion expires are
or otherwise, but your obligations will be binding upon your estate or personal
applied to the deferred interest promotional balance first in the last two billing
representatives. We may transfer or assign your Account and/or this Agreement,
periods of the promotional period.
or any of our rights under this Agreement, to another person or entity at any time
D. Interest, fees and charges
without prior notice to you or your consent.
Interest charges
No Waiver of Rights
There is no period in which you can pay back a cash advance, any other trans-
We can delay enforcing our rights under this Agreement without losing them.
action treated as a cash advance under this Agreement, or a balance transfer
Severability
to avoid incurring a Finance Charge. For a cash advance using a convenience
If any provision of this Agreement is in conflict with applicable law, that provision
check, the date of the advance is the date the convenience check is presented
will be considered to be modified to conform with applicable law.
to us or our agent for payment. For all other cash advances, the date of the
Notice to New Jersey Residents
advance is the date you obtained the advance.
All provisions of this agreement are valid, enforceable and applicable in New
If you make a purchase under a Regular Revolving Credit Plan, interest charg-
Jersey.
es won't be imposed in any billing period in which (i) no Previous Balance
F. Disputes and Reporting to Consumer Reporting Agencies
exists or (ii) payments received and credits issued by the Payment Due Date,
equal or exceed the Previous Balance.
Credit Reports
If the New Balance shown on your last Statement isn't paid in full by the Pay-
You give us permission to investigate your credit record.
ment Due Date shown on your last Statement, there will be an interest charge
You agree that a credit report may be requested in connection with the pro-
on each purchase from the date of purchase.
cessing of your credit application. A report may also be requested in connec-
If you make a purchase under any Waive Interest Credit Plan, we won't charge
tion with a credit extension, credit limit request, Account renewal or update,
interest on the purchase if you pay the total purchase amount before the end
Account collection action, or dispute investigation. Upon request, we will tell
of the promotional period. If you don't pay the total purchase amount before
you the name and address of any consumer reporting agency that furnished
the end of the promotional period, we'l add the remaining amount to your
a report on you. You consent to the obtaining of such reports by signing or
Regular Revolving balance. We'll also begin charging interest on the purchase
otherwise submitting an application or solicitation.
from the first day after the promotional period ends.
You understand that we may report negative information (such as, late pay-
If you make a purchase under any Defer Interest Promotional Credit Plan and
ments, missed payments, or other defaults) about your Account to consumer
don't pay the total amount before the end of the promotional period, we'll add
reporting agencies.
the remaining purchase amount and the amount of accrued interest to your
You give us permission to provide information about your Account to consumer
Regular Revolving balance.
reporting agencies and other creditors, as well as to the retailer whose name
If you make a purchase under a Low APR, Equal Payment Credit Plan, interest
appears on your Card.
will be assessed from the date of purchase through the end of the promotional
Credit report disputes
period.
If you believe the Account information we reported to a consumer reporting agen-
How we calculate Finance Charges on your Account
cy is inaccurate, you may submit a direct dispute to Comenity Capital Bank, PO
We calculate interest separately for each Credit Plan, using a "Daily Balance"
Box 182120, Columbus, Ohio 43218-2120.
to determine interest charges for each billing period. Our calculation method is
Your written dispute must provide sufficient information to identify the Account
as follows:
and specify why the information is inaccurate:
We start with the beginning balance on your Account each day (including
Account Information: Your name and Account number
unpaid interest charges and fees).
Contact Information: Your address and telephone number
We subtract any payments or credit adjustments (treating any net credit bal-
Disputed Information: Identify the Account information disputed and explain
ance as a zero balance) and add new transactions and debit adjustments
why you believe it is inaccurate
posted as of that day. This gives us the "Partial Daily Balance" for the day
Supporting Documentation: If available, provide a copy of the section of the
We then multiply the Partial Daily Balance for the day by the Daily Periodic
credit report showing the Account information you are disputing
Rate. This gives us the "Daily Interest Charge" for the day, which we add to
We will investigate the disputed information and report the results to you within
the day's Partial Daily Balance.
30 days of receipt of the information needed for our investigation. If we find that
We've now determined the "Daily Balance," which will be the beginning
the Account information we reported is inaccurate, we will promptly provide the
balance for the following day. This results in daily compounding of interest
necessary correction to each consumer reporting agency to which we reported
charges.
the information.
At the end of each billing period, we add together each Credit Plan's Daily
Your Billing Rights: Keep This Document For Future Use
Interest Charge, which gives us the total interest charge.
This notice tells you about your rights and our responsibilities under the Fair
Your Statement will show a Balance Subject to Interest Rate, which is the sum
Credit Billing Act.
of the Daily Balances for each day in the billing period divided by the total
number of days.
What To Do If You Find A Mistake On Your Statement
H. Communicating with us
If you think there is an error on your statement, write to us at: Comenity Capital
Bank, PO Box 182620, Columbus, Ohio 43218-2620
Communicating to you about your Account
In your letter, give us the following information:
If we need to contact you to service your Account or to collect amounts you owe
Account information: Your name and account number.
to us, you give direct consent to us, as well as servicers, agents, contractors and
Dollar amount: The dollar amount of the suspected error.
collectors of your Account, to communicate with you in any way, such as calling,
Description of problem: If you think there is an error on your bill, describe what
texting, or electronic mail via:
you believe is wrong and why you believe it is a mistake.
1)
a cell, landline, or text number you provide, use to contact us, or at which
You must contact us:
we believe we can reach you (even if it is not yours),
Within 60 days after the error appeared on your statement.
2)
any electronic mail address you provide to us or one of our merchants,
At least 3 business days before an automated payment is scheduled, if you
3)
automated dialer systems and automatic telephone dialing systems,
want to stop payment on the amount you think is wrong.
4) pre-recorded or artificial voice messages and other forms of communica-
You must notify us of any potential errors in writing. You may call us, but if you
tions.
do we are not required to investigate any potential errors and you may have to
You also agree that these communications aren't unsolicited for purposes of any
pay the amount in question.
state or federal law, and you understand that this may result in additional mobile,
What Will Happen After We Receive Your Letter
text message, or data charges.
When we receive your letter, we must do two things:
Phone monitoring
1. Within 30 days of receiving your letter, we must tell you that we received your
To provide you with high-quality service, phone communication with us is
letter. We will also tell you if we have already corrected the error.
monitored and/or recorded.
2.
Within 90 days of receiving your letter, we must either correct the error or
You agree that we monitor and/or record any phone calls between you and us.
explain to you why we believe the bill is correct.
Please inform all authorized cardholders of this provision, including anyone
While we investigate whether or not there has been an error:
acting on your behalf or making payments on this Account.
We cannot try to collect the amount in question, or report you as delinquent
For Wisconsin residents:
on that amount.
If you are married, please contact us immediately upon receipt of this Agreement
The charge in question may remain on your statement, and we may continue
at 1-855-334-3686 1-888-819-1918) and provide us with the name
to charge you interest on that amount.
and address of your spouse. We are required to inform your spouse that we have
While you do not have to pay the amount in question, you are responsible for
opened a credit account for you.
the remainder of your balance.
For bankruptcy notifications:
We can apply any unpaid amount against your credit limit.
All bankruptcy notices and related correspondence to Comenity Capital Bank
After we finish our investigation, one of two things will happen:
should be sent to the following address: Comenity Capital Bank, Bankruptcy
If we made a mistake: You will not have to pay the amount in question or any
Department, PO Box 183043, Columbus, Ohio 43218-3043.
interest or other fees related to that amount.
I. Arbitration and jury trial waiver
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 state-
A. Jury trial waiver
ment of the amount you owe and the date payment is due. We may then report
TO THE EXTENT PERMITTED BY LAW, YOU AND WE WAIVE ANY RIGHT TO
you as delinquent if you do not pay the amount we think you owe.
TRIAL BY JURY IN THE EVENT OF A LAWSUIT ARISING OUT OF OR RELATED
If you receive our explanation but still believe your bill is wrong, you must write
TO THIS AGREEMENT. THIS JURY TRIAL WAIVER SHALL NOT AFFECT THE
to us within 10 days telling us that you still refuse to pay. If you do so, we cannot
ARBITRATION PROVISION BELOW (INCLUDING THE JURY TRIAL WAIVER
report you as delinquent without also reporting that you are questioning your bill.
CONTAINED THEREIN). YOU AND WE EACH REPRESENT THAT THIS WAIVER
We must tell you the name of anyone to whom we reported you as delinquent,
IS GIVEN KNOWINGLY, WILLINGLY AND VOLUNTARILY.
and we must let those organizations know when the matter has been settled
B. Notice and cure
between us.
Prior to bringing a lawsuit or initiating an arbitration that asserts a claim aris-
If we do not follow all of the rules above, you do not have to pay the first $50 of
ing out of or related to this Agreement (as further defined below, a "Claim"),
the amount you question even if your bill is correct.
the party asserting the Claim (the "Claimant") shall give the other party (the
Your Rights If You Are Dissatisfied With Your Credit Card Purchases
"Defendant") written notice of the Claim (a "Claim Notice") and a reasonable
If you are dissatisfied with the goods or services that you have purchased with
opportunity, not less than 30 days, to resolve the Claim. Any Claim Notice to you
your credit card, and you have tried in good faith to correct the problem with the
shall be sent in writing to the address we have in our records (or any updated
merchant, you may have the right not to pay the remaining amount due on the
address you subsequently provide to us). Any Claim Notice to us shall be sent by
purchase.
mail to Comenity Capital Bank, PO Box 182436, Columbus, Ohio 43218-2436
To use this right, all of the following must be true:
(or any updated address we subsequently provide). Any Claim Notice you send
1. The purchase must have been made in your home state or within 100 miles
must provide your name, address and Account number. Any Claim Notice must
of your current mailing address, and the purchase price must have been more
explain the nature of the Claim and the relief that is demanded. You may only
than $50. (Note: Neither of these are necessary if your purchase was based on
submit a Claim Notice on your own behalf and not on behalf of any other party.
an advertisement we mailed to you, or if we own the company that sold you the
No third party, other than a lawyer you have personally retained, may submit a
goods or services.)
Claim Notice on your behalf. The Claimant must reasonably cooperate in provid-
2. You must have used your credit card for the purchase. Purchases made with
ing any information about the Claim that the other party reasonably requests.
cash advances from an ATM or with a check that accesses your credit card ac-
C. Arbitration provision
count do not qualify.
READ THIS ARBITRATION PROVISION CAREFULLY. IF YOU DO NOT REJECT
3. You must not yet have fully paid for the purchase.
THIS ARBITRATION PROVISION IN ACCORDANCE WITH PARAGRAPH BE-
If all of the criteria above are met and you are still dissatisfied with the purchase,
LOW, IT WILL BE PART OF THIS AGREEMENT AND WILL HAVE A SUBSTAN-
contact us in writing at:
TIAL IMPACT ON THE WAY YOU OR WE WILL RESOLVE ANY CLAIM WHICH
Comenity Capital Bank
YOU OR WE HAVE AGAINST EACH OTHER NOW OR IN THE FUTURE.
PO Box 182620, Columbus, Ohio 43218-2620
1. Your Right to Reject: If you don't want this Arbitration Provision (and any
While we investigate, the same rules apply to the disputed amount as discussed
prior arbitration agreement between you and us ("Prior Arbitration Agreement"))
above. After we finish our investigation, we will tell you our decision. At that
to
apply, you may reject it by mailing us a written rejection notice which gives the
point, if we think you owe an amount and you do not pay, we may report you as
name of each Cardholder and contains a statement that you (both of you, if more
delinquent.
than one) reject the Arbitration Provision of this Agreement. The rejection notice
must be sent to us at Comenity Capital Bank, PO Box 182422, Columbus, Ohio
G. Optional products
43218-2422. A rejection notice is only effective if it is signed by you (all of you,
Credit insurance (as applicable)
if more than one) and if we receive it within thirty (30) calendar days after the
Purchasing credit insurance is optional. If you do choose to carry credit insur-
date we first provide you with a credit card agreement or written notice providing
ance coverage, the premium charge will be added to your Account as a purchase
you a right to reject this Arbitration Provision. Your rejection of this Arbitration
on the last day of each billing period. You can cancel your coverage at any time.
Provision will not affect any other provision of this Agreement or your ability to
Account Assure Pro Debt cancellation (as applicable)
obtain credit.
Purchasing Account Assure Pro is optional.
2. Parties Subject to Arbitration: Solely as used in this Arbitration Provision
Your decision whether or not to purchase Account Assure Pro won't affect your
(and not elsewhere in this Agreement), the terms "we," "us" and "our" mean (a)
application for credit or the terms of any existing credit agreement you have
Comenity Capital Bank, any parent, subsidiary or affiliate of the Bank and the
with us.
employees, officers and directors of such companies (the "Bank Parties"); and
The monthly fee for Account Assure Pro is based on the outstanding monthly
(b) any other person or company that provides any services in connection with
balance on your Account each month and will be added to your Statement.
this Agreement if you assert a Claim against such other person or company at the
We'll provide additional information before you're required to pay for Account
same time you assert a Claim against any Bank Party.
Assure Pro. This will include a copy of the terms and conditions pertaining to
3. Covered Claims: "Claim" means any claim, dispute or controversy between
Account Assure Pro.
you and us that in any way arises from or relates to this Agreement, the Account,
You can cancel your Account Assure Pro at any time.
the issuance of any Card, any rewards program, any prior agreement or account.
There are eligibility requirements, conditions, and exclusions that could pre-
"Claim" includes disputes arising from actions or omissions prior to the date
vent you from receiving benefits under Account Assure Pro.
any Card was issued to you, including the advertising related to, application for
Be sure to carefully read the Addendum for a full explanation of the terms of
or approval of the Account. "Claim" has the broadest possible meaning, and
Account Assure Pro.
includes initial claims, counterclaims, cross-claims and third-party claims. It
11. Arbitration Result and Right of Appeal: Judgment upon the arbitrator's
includes disputes based upon contract, tort, consumer rights, fraud and other
award may be entered by any court having jurisdiction. The arbitrator's decision
intentional torts, constitution, statute, regulation, ordinance, common law and
is final and binding, except for any right of appeal provided by the FAA. However,
equity (including any claim for injunctive or declaratory relief). "Claim" does not
if the amount of the Claim exceeds $50,000 or involves a request for injunctive
include disputes about the validity, enforceability, coverage or scope of this Arbi-
or declaratory relief that could foreseeably involve a cost or benefit to either party
tration Provision or any part thereof (including, without limitation, the prohibition
exceeding $50,000, any party can, within 30 days after the entry of the award
against class proceedings, private attorney general proceedings and/or multiple
by the arbitrator, appeal the award to a three-arbitrator panel administered by the
party proceedings described in Paragraph C.7 (the "Class Action Waiver"), the
Administrator. The panel shall reconsider anew any aspect of the initial award
last sentence of Paragraph C.13 and/or this sentence); all such disputes are for
requested by the appealing party. The decision of the panel shall be by majority
a court and not an arbitrator to decide. However, any dispute or argument that
vote. Reference in this Arbitration Provision to "the arbitrator" shall mean the
concerns the validity or enforceability of the Agreement as a whole is for the
panel if an appeal of the arbitrator's decision has been taken. The costs of such
arbitrator, not a court, to decide.
an appeal will be borne in accordance with Paragraph C.8. above.
4. Starting an Arbitration: Arbitration may be elected by any party with respect
12. Rules of Interpretation: This Arbitration Provision shall survive the repay-
to any Claim, even if that party has already initiated a lawsuit with respect to a
ment of all amounts owed under this Agreement, the closing of the Account, any
different Claim. Arbitration is started by giving a written demand for arbitration
legal proceeding and any bankruptcy to the extent consistent with applicable
to the other party. We will not demand to arbitrate an individual Claim that you
bankruptcy law. In the event of a conflict or inconsistency between this Arbitra-
bring against us in small claims court or your state's equivalent court, if any. But
tion Provision, on the one hand, and the applicable arbitration rules or the other
if that Claim is transferred, removed or appealed to a different court, we then
provisions of this Agreement, on the other hand, this Arbitration Provision shall
have the right to demand arbitration.
govern. This Arbitration Provision replaces any Prior Arbitration Agreement.
5. Choosing the Administrator: "Administrator" means the American Arbitration
13. Severability: If any portion of this Arbitration Provision, other than the Class
Association ("AAA"), 1633 Broadway, 10th Floor, New York, NY 10019, www.
Action Waiver, is deemed invalid or unenforceable, the remaining portions shall
adr.org; JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018, www.
nevertheless remain in force. If a determination is made that the Class Action
jamsadr.com; or any other company selected by mutual agreement of the par-
Waiver is unenforceable, only this sentence of the Arbitration Agreement will re-
ties. If both AAA and JAMS cannot or will not serve and the parties are unable
main in force and the remaining provisions shall be null and void, provided that
to select an Administrator by mutual consent, the Administrator will be selected
the determination concerning the Class Action Waiver shall be subject to appeal.
by a court. The arbitrator will be appointed by the Administrator in accordance
14. Special Payment: If (1) you submit a Claim Notice in accordance with
with the rules of the Administrator. However, the arbitrator must be a retired or
Paragraph B above on your own behalf (and not on behalf of any other party);
former judge or a lawyer with at least 10 years of experience. You get to select the
(2) we refuse to provide you with the relief you request; and (3) an arbitrator
Administrator if you give us written notice of your selection with your notice that
subsequently determines that you were entitled to such relief (or greater relief),
you are electing to arbitrate any Claim or within 20 days after we give you notice
the arbitrator shall award you at least $5,100 (plus any fees and costs to which
that we are electing to arbitrate any Claim (or, if you dispute our right to require
you are entitled).
arbitration of the Claim, within 20 days after that dispute is finally resolved).
If you do not select the Administrator on time, we may do it. Notwithstanding
any language in this Arbitration Provision to the contrary, no arbitration may be
comenity
Comenity Capital Bank, Salt Lake City, UT
administered, without the consent of all parties to the arbitration, by any Admin-
istrator that has in place a formal or informal policy that is inconsistent with the
390701004 (02/14)
Class Action Waiver.
6. Court and Jury Trials Prohibited; Other Limitations on Legal Rights: IF YOU
OR WE ELECT TO ARBITRATE A CLAIM, YOU WILL NOT HAVE THE RIGHT TO
PURSUE THAT CLAIM IN COURT OR HAVE A JURY DECIDE THE CLAIM. ALSO,
YOUR ABILITY TO OBTAIN INFORMATION FROM US IS MORE LIMITED IN AN
ARBITRATION THAN IN A LAWSUIT. OTHER RIGHTS THAT YOU WOULD HAVE
IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.
7. Prohibition Against Certain Proceedings: IF YOU OR WE ELECT TO ARBI-
TRATE A CLAIM: (1) NEITHER YOU NOR WE MAY PARTICIPATE IN A CLASS
ACTION IN COURT OR IN CLASS-WIDE ARBITRATION, EITHER AS A PLAIN-
TIFF, DEFENDANT OR CLASS MEMBER; (2) NEITHER YOU NOR WE MAY ACT
AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN ARBITRATION; (3)
CLAIMS BROUGHT BY OR AGAINST YOU MAY NOT BE JOINED OR CONSOLI-
DATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER PERSON; AND
(4) THE ARBITRATOR SHALL HAVE NO POWER OR AUTHORITY TO CONDUCT
A CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ARBITRATION
OR MULTIPLE-PARTY ARBITRATION.
8. Location and Costs of Arbitration: Any arbitration hearing that you attend
must take place at a location reasonably convenient to you. We will pay any and
all fees of the Administrator and/or the arbitrator if applicable law requires us
to, if you prevail in the arbitration or if we must bear such fees in order for this
Arbitration Provision to be enforced. If you demand an arbitration, we will pay
your reasonable attorneys' and experts' fees if you prevail or if we must bear such
fees in order for this Arbitration Provision to be enforced. Also, we will bear any
fees if applicable law requires us to.
9. Governing Law: This Arbitration Provision involves interstate commerce and
is governed by the Federal Arbitration Act, 9 U.S.C. 1-16 (the "FAA"), and
not by any state arbitration law. The arbitrator must apply applicable substantive
law consistent with the FAA and applicable statutes of limitations and claims of
privilege recognized at law. The arbitrator may award any remedy provided by the
substantive law that would apply if the action were pending in court (including,
without limitation, punitive damages, which shall be governed by the Constitu-
tional standards employed by the courts). At the timely request of either party,
the arbitrator must provide a brief written explanation of the basis for the award.
10. Right to Discovery: In addition to the parties' rights to obtain discovery
pursuant to the arbitration rules of the Administrator, either party may submit
a written request to the arbitrator to expand the scope of discovery normally al-
lowable under the arbitration rules of the Administrator. The arbitrator shall have
discretion to grant or deny that request.
Pricing Addendum
Interest Rates and Interest Charges
Annual Percentage Rate
Prime Rate plus
20.74%, 18.74% or 14.74%
when you open your
(APR) for Purchase
account, based on your creditworthiness.
After that, this APR will vary with the market based on the Prime Rate.
APR for Balance Transfers
Prime Rate plus 22.74%.
and Cash Advances
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, the charge will be no less than $2.00 per credit plan.
Fees
Annual Fee
None
Transaction Fees
Balance Transfer
The greater of $10 or 3% of the amount of the balance transfer.
Cash Advance
The greater of $5 or 3% of the amount of the cash advance.
Convenience Check
The greater of $5 or 3% of the amount of the convenience check.
Foreign Transaction
3% of each transaction in U.S. dollars.
Penalty Fees
Late Payment
Up to $35
Returned Payment
Up to $35
Balance Computation
We use a method called "daily balance (including new purchases)."
Method