FIFTH THIRD BANK CARD AGREEMENT for Visa® Signature Card and VISA Signature Preferred Banking Credit Card
VISATERM 654363
February 15, 2011
This Agreement governs the terms and conditions of your Account. You should retain and
International Transaction Fee: A fee imposed for each Transaction outside of the U.S. or
carefully review this entire Agreement. You and we agree as follows:
in a foreign currency.
Minimum Amount Due: The minimum amount you must pay by the Payment Due Date
We give this Agreement to our customers when they are approved for an Account, or when they
shown on the front of your Account Statement.
request it. By opening an Account and making Transactions, you agree to use this Account only
Monthly Periodic Rate: The periodic rate that applies to certain Transactions calculated on
for personal, family or household purposes and to comply with this entire Agreement. Unless
a monthly basis.
otherwise specified, the words you, your and yours mean anyone who applied to US for
New Balance: The new balance on your Account shown on the front of your
an Account and whose application we have approved, and who uses the Account with your
Account Statement.
permission. The words we, our, US and Fifth Third mean Fifth Third Bank and its
successors and assigns.
Non-Revolving Credit Line: The amount of your credit line over your Revolving
Credit Line.
Payment Address: The remittance address indicated on the front of your
DEFINITIONS
Account Statement.
AAA: The American Arbitration Association.
Payment Due Date: The date shown on the front of your Account Statement by which we
AAA Rules: The AAA Rules and Procedures.
must receive payment for the Billing Cycle.
Account: Unless the context provides otherwise, your credit card account that you can
PIN: Personal identification number.
access with your Card.
POS: Point of sale.
Account Statement: The periodic statement we mail to you in connection with
Purchase: A purchase or lease of goods or services made with your Card or your Account.
your Account.
Ready Reserve: An optional feature of your Account whereby you may link a checking
Agreement: This Fifth Third Bank Card Agreement for VISA Signature Card and VISA
account to your Account to cover overdrafts on the checking account.
Signature Preferred Banking Credit Card.
Revolving Credit Line: The amount of your Account balance that you are permitted to pay
Applicable Law: At any time, any applicable (a) federal, state or local statutes, regulations,
over time.
licensing requirements, regulatory bulletins or guidance, regulatory examinations,
agreements or orders, (b) rule, regulation, restriction, requirement or contractual term of
Total Amount of Extended Credit: Your Revolving Credit Line and your Non-Revolving
Visa or other card network, and (c) judicial or administrative interpretations of any of
Credit Line.
the foregoing.
Transaction: A Purchase or a Cash Advance.
APR: Annual percentage rate.
U.S.: United States.
ATM: Automated teller machine.
Visa: Visa International.
Bank Account: If you use your Card as an ATM card, your savings or checking account that
WSJ Prime Rate: The highest prime rate published in the "Money Rates" section of the
you maintain with US primarily for personal, household or family purposes and designate for
online version of The Wall Street Journal.
use with your Card.
Billing Cycle: Time periods we use to manage your Account; each Billing Cycle is
HOW TO USE YOUR CARD AND ACCESS YOUR ACCOUNT
approximately one month long.
1. Card Transactions, Purchases and Cash Advances.
Business Day: Monday through Friday, excluding holidays.
You may use your Account and your Card to make a Purchase or obtain a Cash Advance by
Card: Unless the context provides otherwise, each VISA Signature Card and VISA Signature
presenting your Card or your Account number to participating merchants and establishments
Preferred Banking Credit Card that we issue on your Account.
where the Card is honored. We will also treat as a Cash Advance any transaction using
Cash Advance: A transaction in which you (a) use your Card to get cash from an ATM;
Ready Reserve.
(b) present your Card to any bank or other person that accepts the Card to get cash or
cash-like equivalents (for example, money orders, traveler's checks or other payment
instruments) from your Account; (c) use a Convenience Check or access Ready Reserve,
You may also use your Card to transfer balances from other creditors, to make other
or (d) use your Card or your Account number to make a person-to-person transfer conducted
transactions by means of balance transfer coupons or checks, or for any other transactions that
through the Internet or otherwise.
we encourage you to make through an introductory or promotional offer, in accordance with
the additional terms and conditions that we may offer from time to time. Unless we tell you
Claim: Any claim, dispute or controversy between you and US arising from or relating to
otherwise, we will also treat any such balance transfer or other transaction as a Purchase.
this Agreement, any prior agreement that you may have had with US or the relationships
resulting from the Agreement or any prior agreement, including the validity, enforceability
or scope of this provision, the Agreement or any prior agreement. Claim includes claims of
You agree that any debt incurred using your Account or your Card is valid, regardless of the
every kind and nature, including but not limited to initial claims, counterclaims, cross-claims
purpose of the Transaction.
and third-party claims and claims based upon contract, tort, fraud and other intentional
torts, statute, common law and equity. The term Claim is to be given the broadest possible
Purchases from a merchant that are directly convertible to cash (sometimes called "quasi-cash"
meaning and includes, by way of example and without limitation, any claim, dispute or
transactions), such as purchases of casino gaming chips, money orders, wire transfer services,
controversy that arises from or relates to (a) the Account created by the Agreement or any
travelers cheques or foreign currency, may not be permitted with your Card. You may not use
prior agreement or any balances on the Account, (b) advertisements, promotions or oral or
your Card or your Account for any illegal transaction or any gambling transaction. We reserve
written statements related to the Account or the terms of financing, and (c) your use of
the right to decline any such transaction without notice.
the Account.
Convenience Check: A check that may be used to access your Account.
Unless prohibited by Applicable Law, we may, from time to time, limit the type, number and
Credit Insurance/Debt Protection Plan: An optional credit insurance and/or debt
dollar amounts of any Transactions, even if you have sufficient available credit. We may also
protection product that may be made available to you for purchase.
terminate or suspend your use of your Account and Card and access to your Account without
Current Billing Cycle: A Billing Cycle that just ended.
notice unless prohibited by Applicable Law.
EFT: Electronic funds transfer.
FAA: Federal Arbitration Act.
Foreign Transaction: A Transaction that occurs or is submitted to US from outside the United
States or in a foreign currency.
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2. Credit Limit.
PAYING YOUR BILLS
Your Card allows you to pay your Account balance in full each month or pay a portion of
7. Periodic Account Statements. Except as otherwise stated in this Agreement, we will
your Account balance over time. There is no preset spending limit on your Account. No preset
send you an Account Statement. Unless you make other arrangements with US, your Account
spending limit does not mean unlimited spending. Your Revolving Credit Line will be disclosed in
Statement will be mailed to you by regular mail to your address as it appears on our records.
the document that accompanies your Card and on your Account Statements.
We will send your Account Statement for each Billing Cycle at the end of which your Account
We will not disclose your Non-Revolving Credit Line; rather, we will evaluate each charge that
has a debit or credit balance in excess of $1.00 or on which a finance charge has been
causes your Account balance to exceed your Revolving Credit Line based on a variety of factors,
imposed. Generally, you will receive 12 Account Statements each year your Account is open.
including your Account spending and history, your experience with US and other creditors
We will not send your Account Statement if (a) we deem your Account uncollectible,
and information we obtain from credit bureaus. Subject to Applicable Law, we may refuse to
(b) delinquency collection proceedings have been instituted, or (c) for any other reason
authorize or accept any Transaction on your Account or Card at any time as described in this
permitted by Applicable Law.
Agreement. We may also from time to time and in our sole discretion change your Revolving
Credit Line, reduce your Revolving Credit Line to $0 and close your Account; limit the number or
amount of Transactions on your Account based on an evaluation of various factors; or refuse or
8. Payments. Your payment is due on or before the Payment Due Date shown on your
limit your access to your Non-Revolving Credit Line. We will promptly notify you in the event we
Account Statement. You must pay at least the Minimum Amount Due shown on your Account
decide to reduce your Revolving Credit Line.
Statement on a monthly basis, which will be the greatest of (a) 2% of the New Balance,
(b) 0.5% of the New Balance plus total billed finance charges and any fees, or (c) $25.00.
Any New Balance less than $25 is payable in full. The Minimum Amount Due shown on your
Your Account Statement may also show that only a portion of your Revolving Credit Line may
Account Statement will also include any amount past due and any amount by which your
be used for Cash Advances. Cash Advances, including Convenience Checks and Ready Reserve
Account exceeds its credit limit. You agree to make all payments by check or other negotiable
transactions, are charged against the cash portion of your Revolving Credit Line. Unless we
instrument drawn on a U.S. branch of a financial institution located in the U.S. or by money
inform you otherwise, your Cash Advance credit limit will be up to 50% of your Revolving
order. Payments must be denominated in U.S. dollars.
Credit Line.
All payments submitted by mail, except disputed payments, must be mailed or delivered to US
at the Payment Address. Any payments received after 5:00 p.m. Eastern Time on any Business
3. Convenience Checks. We may issue Convenience Checks to you, which may be used
Day will be credited on the next Business Day. Credit to your Account may be delayed for up to
to access your Account. We will treat any Convenience Check issued to you that we pay as a
5 days if the payment is (a) not received at the Payment Address, (b) not made in U.S. dollars
Cash Advance (except for a Convenience Check issued to you as part of a promotional offer
drawn on a U.S. branch of a financial institution located in the U.S. or by money order, or (c)
which, unless we tell you otherwise, will be treated as a Purchase), and we will deduct the
not accompanied by the top portion of your Account Statement. Delayed crediting may cause
amount of the Convenience Check from your Cash Advance credit limit. Each Convenience Check
you to incur additional fees and finance charges. (You understand that payments submitted by
mail may not be made, and may not be deemed received by US, at any location other than the
must be denominated in U.S. dollars and completed and signed by you in the same manner
as a personal check. If we provide you with Convenience Checks for your Account, you may
Payment Address.) All credits for payments to your Account are subject to final payment by the
institution on which the item of payment was drawn.
not use them to pay any amount you owe on your Account. You may not request, and we
will not honor, a stop payment on any Convenience Check. We reserve the right to return any
Convenience Check unpaid if (a) the amount of the Convenience Check exceeds your Cash
Although we may post payments as of the date we receive them, your Revolving Credit Line
Advance credit limit; (b) your Account is not in good standing or you are otherwise in default of
may not be restored for up to 7 days after we receive your payment. If the Minimum Amount
this Agreement; (c) your Card or Convenience Checks have been reported lost or stolen or your
Due is to be automatically deducted from your checking or savings account with US, you agree
Account may have been subject to unauthorized use; (d) you use a Convenience Check to pay
to have on deposit in that account on the Payment Due Date available funds equal to the
any amount you owe on your Account; or (e) for any other reason. We will not be liable if we
Minimum Amount Due.
choose to return any Convenience Check unpaid.
Payments on your Account that exceed the Minimum Amount Due will be allocated first to
LOST CARDS, UNAUTHORIZED USE OF ACCOUNT OR CARD AND OTHER
the Account balance with the highest APR, and then to each consecutive Account balance
CONCERNS
bearing the next highest APR, at the time payment is posted to your Account. Payments on
4. Unauthorized Use of Your Account or Card. If you notice the loss or theft of your
your Account that do not exceed the Minimum Amount Due will be applied in the following
Card or a possible unauthorized use of your Card or Account, you should write to US immediately
order: finance charges, fees, any applicable installment balance minimum amount due that is
at: Fifth Third Bank, MD 1MOC2G, 38 Fountain Square Plaza, Cincinnati, Ohio 45263
calculated separately from the Minimum Amount Due, the Account balance with the lowest APR,
or call US at: 1-800-782-0279. We may still require you to provide notice in writing.
then to each consecutive Account balance bearing the next lowest APR at the time payment is
posted to your Account.
YOU SHOULD NEVER WRITE YOUR PIN ON YOUR CARD OR KEEP ANY WRITTEN RECORD
OF YOUR PIN ON ANY MATERIAL THAT IS KEPT WITH YOUR CARD. If there is any loss, theft
We may, in our sole discretion, offer you the ability to make your payments on an expedited
or possible unauthorized use of your Account or Card, we may require you to provide US
basis. When you authorize US to process an expedited payment to your Account, we may
information in writing or other assistance to help US find out what happened. We may also
charge you a fee. The amount of the fee will be disclosed to you at the time of the payment.
require you to comply with certain procedures in connection with our investigation. Unless
We are not responsible if your financial institution dishonors an expedited payment for any
prohibited by Applicable Law, we will deem any such use as having been authorized by you,
reason, and we will retain the fee in those circumstances.
and you will be liable for the amount of any Transactions plus finance charges and fees and
other charges incurred with any such use, if you fail to provide US with any such information
9. Prepayment. You may pay without penalty any portion of the entire New Balance or
or assistance or to comply with such procedures. Unauthorized Card or Account use does not
more than your Minimum Amount Due before the Payment Due Date. You understand that by
include use of your Card or your Account by any person you have authorized to use your Card
making a prepayment, the total amount you owe US will be reduced but that you must pay the
or Account.
Minimum Payment Due in successive Billing Cycles as reflected in your Account Statement.
5. Limitation of Your Liability. You will not be liable for any unauthorized use that occurs
DETERMINATION OF FINANCE CHARGES
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. This section does not apply when
10. Monthly Periodic Rate. We determine the Monthly Periodic Rate by dividing the
a PIN is used as your identification method.
applicable APR by 12.
6. Third-Party Claims or Defenses. We are not responsible if a third party refuses
11. Minimum Finance Charge. If you incur finance charges in any Billing Cycle that
to accept or honor your Card or Account, even if you have sufficient available credit. Except
total less than $1.00, the finance charge that will be charged to your Account is $1.00.
as required by Applicable Law, we will not be responsible for any claim or defense you may
have against any third party that arises out of or in connection with any Transaction with your
Account or Card or any services or goods or other property purchased or leased using your
Account or Card.
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12. APR.
computing the average daily balance for Purchases. We will treat Cash Advance fees as Cash
(a) Purchases and Cash Advances.
Advances for the purpose of computing the average daily balance for Cash Advances. We
calculate the balances of Purchases that are subject to a finance charge separately, based on
APR for Purchases and Cash Advances. Documents accompanying your Card, which
the average daily balance of those Purchases in the Current Billing Cycle. We calculate the
are incorporated by reference into this Agreement, disclose the APR for Purchases and Cash
balance of Cash Advances that is subject to a finance charge separately, based on the average
Advances in effect when your Account is opened.
daily balance of those Cash Advances in the Current Billing Cycle. To determine the average
Variable APR for Purchases. If the APR for Purchases is a variable rate based on the
daily balance for each type of Transaction (that is, Purchases and Cash Advances) during the
Prime Rate plus a margin, we will calculate the rate monthly by adding the applicable
Current Billing Cycle, we take the beginning balance of each type of Transaction each day, add
margin for those Transactions to the WSJ Prime Rate. (A "margin" is the percentage we add to
any new Transactions of that type, and subtract any payments or credits applied to that type
the WSJ Prime Rate to calculate the APR.) This APR may vary (increase and decrease), but
of Transaction that day. This gives US the daily balance for that type of Transaction. The daily
will not exceed 24.99% (corresponding Monthly Periodic Rate of 2.0825%). Any increase or
balance for each type of Transaction is considered to be $0 for any day on which those portions
decrease in the WSJ Prime Rate will result in an increase or decrease in your Monthly Periodic
of your Account have a credit balance. Then, we add all of the daily balances for the Current
Rate and the APR, and as a result, the finance charge and the Minimum Amount Due will
Billing Cycle and divide the total by the number of days in the Current Billing Cycle. This gives
change and may result in a smaller part of your payment being applied to reduce principal.
US an average daily balance of each type of Transaction for your Current Billing Cycle.
We determine the WSJ Prime Rate two days prior to the closing date of your Billing Cycle.
(b) Finance Charges. No finance charges (other than International Transaction Fees) will be
Changes to the Monthly Periodic Rate and corresponding APR for Purchases will be applied to
imposed on Purchases if you pay in full the New Balance shown on the Account Statement for
your existing Account balance and to subsequent Transactions effective as of the first day of the
your Current Billing Cycle by the Payment Due Date. If you have not done SO, a finance charge
Billing Cycle in which we determine the interest rate. If The Wall Street Journal does not publish
will accrue from the transaction date on Purchases at the applicable APR for Purchases until the
the prime rate, or if it changes the definition of prime rate, we may, at our sole discretion,
date payment in full is posted to your Account.
substitute another index.
(b) Changes to Rates. Subject to Applicable Law, we may change the Monthly Periodic Rate
and corresponding APR for Purchases and Cash Advances if you are in default of this Agreement,
A finance charge will be imposed on Cash Advances from the Transaction date and included in
or if we, in our sole discretion and from time to time, decide to take such action. (Please see
the average daily balance of Cash Advances at the applicable APR for Cash Advances until the
the sections of this Agreement entitled "Penalty APR for Payments Late by 60 Days or More,"
date payment in full is posted to your Account. There is no grace period or time period within
"Penalty APR for Other Default," "Changes to this Agreement" and "Default.")
which to pay and avoid a finance charge on Cash Advances.
(c) Introductory Purchase, Balance Transfer and Promotional APR Offers. At our discretion, we
may offer you an introductory or promotional APR for all or a part of your Transactions. For
The total finance charge for a Billing Cycle is the sum of the finance charges for Purchases and
example, we may offer you a promotional APR to encourage specific transactions, such as
Cash Advances. To compute the periodic rate portion of finance charges for your Current Billing
transferring balances from accounts you have with others, or an introductory APR for Purchases
Cycle, we multiply the average daily balance of each type of your Transactions in the Current
when you open an Account. The period of time for which the introductory or promotional APR
Billing Cycle by the applicable Monthly Periodic Rates for that cycle. Fees for Cash Advances and
applies may be limited. Any introductory or promotional APR offer will be subject to the terms of
International Transactions, if any, are added to and included in the total finance charges for your
the offer and this Agreement.
Current Billing Cycle.
If applicable, we will disclose information regarding any introductory or promotional APRs and
the period of time during which they are in effect in the document that accompanies your Card
14. Fees.
or in materials we send you about the offer after you obtain your Card. If (i) we receive a
Minimum Amount Due after its Payment Due Date; or (ii) (A) a check, similar instrument or
Balance Transfer Fee. Unless your offer indicates otherwise, we will assess a finance
electronic payment order that you have used for payment on your Account has been returned
charge in the form of a balance transfer fee equal to the greater of $5.00 or 4% of the
to US unpaid for any reason, (B) we must return a check or other instrument because it is not
total dollar amount of the balance you are transferring from another account to your Account.
signed or is otherwise incomplete, or (C) a Convenience Check used to access your Account is
Annual Fee. Certain cards have an annual fee. If your Card has an annual fee, the amount
not honored for any reason, we may adjust the APR to the APR then in effect or the penalty
of the annual fee is disclosed in the application for your Account and also will be disclosed in
APR, as applicable.
the document that accompanies your Card. This fee is assessed for the use of the Account and
(d) Penalty APR for Payments Late by 60 Days or More. Subject to Applicable Law, we
associated services, and will be identified as a fee on your Account Statement in the first Billing
reserve the right to increase the APR to 24.99% (corresponding Monthly Periodic Rate of
Cycle after you open your Account and annually thereafter.
2.0825%) on all new and outstanding Account balances each time we do not receive at least
Cash Advance Fee. We will assess a finance charge in the form of a Cash Advance fee
the Minimum Amount Due within 60 days of its Payment Due Date, including when we do not
equal to the greater of $5 or 4% of the total dollar amount advanced for each Cash Advance
receive the Minimum Amount Due because a check, similar instrument or electronic payment
on your Account.
order that we receive as payment on your Account has been returned to US unpaid for any
Late Payment Fee. If we do not receive the Minimum Amount Due by the Payment
reason, or we must return a check or other instrument because it is not signed or is otherwise
Due Date (within thirty days from the Payment Due Date if your Card is a VISA Signature
incomplete. Once you become subject to this penalty APR, we may change your APR for
Preferred Banking Credit Card opened before 2/14/2011), there is a late payment fee
outstanding balances back to the respective APRs in effect for your Account (not including any
of $25. Any subsequent late fees will be $35 until you make your required Minimum Amount
promotional APR), but only if you bring your Account current and then, for six (6) consecutive
Due by the Payment Due Date for six consecutive Billing Cycles. In any event, the late payment
Billing Cycles, you pay at least the Minimum Amount Due by the Payment Due Date. Any other
fee will not be greater than your Minimum Amount Due for the Billing Cycle for which your
variable or fixed APR that would otherwise apply to new and outstanding Account balances will
payment was late.
change to this penalty APR.
International Transaction Fee. There is a finance charge in the form of a transaction
(e) Penalty APR for Other Default. Subject to Applicable Law, we reserve the right to increase
fee equal to 3% of the U.S. dollar amount of each Foreign Transaction. This fee will be in
the APR to 24.99% (corresponding Monthly Periodic Rate of 2.0825%) on all new
addition to any other applicable transaction fees.
Transactions on your Account that occur more than 14 days after we send you notice of the
Expedited Card Delivery Fee. There is a delivery fee of $30 per Account if delivery of
increased APR each time (i) we receive a Minimum Amount Due after its Payment Due Date but
your Card is expedited.
before 60 days after its Payment Due Date; or (ii) (A) a check, similar instrument or electronic
payment order that you have used for payment on your Account has been returned to US unpaid
Replacement Card Fee. We will assess a replacement card fee of $10 if we replace your
for any reason, (B) we must return a check or other instrument because it is not signed or is
Card at your request.
otherwise incomplete, or (C) a Convenience Check used to access your Account is not honored
Convenience Check Fee. Unless your offer indicates otherwise, we will assess a finance
for any reason. Once you become subject to this penalty APR, we may change your APR back
charge in the form of a convenience check fee equal to the greater of $5 or 4% of the total
to the respective APRs in effect for your Account (not including any promotional APR), but only
dollar amount of each convenience check used.
if you bring your Account current, and then for six (6) consecutive Billing Cycles, you pay at
least the Minimum Amount Due by the Payment Due Date. Any other variable or fixed APR that
would otherwise apply to new Account balances will change to this penalty APR.
We may institute a standard charge or charges for the issuance, reissuance or use of the Card
or for the reinstatement of any Card or Account privileges which have been suspended, as well
as an annual fee and per item fee for each Transaction, and you agree to pay US such charges
13. Balance Subject to Finance Charge and Finance Charges.
and fees.
(a) Balance Subject to Finance Charge. We will treat all fees (including Credit Insurance/
Debt Protection Plan fees but excluding Cash Advance fees) as Purchases for the purpose of
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15. Foreign Currency Transactions. If a Transaction is made in a foreign currency,
3. You must not yet have fully paid for the Purchase.
we and Visa will convert the Transaction into a U.S. dollar amount. Visa will act in accordance
If all of the criteria above are met and you are still dissatisfied with the Purchase, contact US in
with its operating regulations or conversion procedures in effect at the time the Transaction is
writing at: Fifth Third Bank, MD 1MOC2G, 38 Fountain Square Plaza, Cincinnati, Ohio 45263.
processed. Currently, its regulations and procedures provide that the currency conversion rate
While we investigate, the same rules apply to the disputed amount as discussed above.
used is either: (1) a wholesale market rate, or (2) a government-mandated rate in effect one
After we finish our investigation, we will tell you our decision. At that point, if we think you owe
day prior to the processing date. The currency conversion rate calculated in this manner that is
US an amount and you do not pay, we may report you as delinquent.
in effect on the processing date may differ from the rate in effect on the transaction date or the
posting date.
GENERAL PROVISIONS
16. Billing Errors. A statement of your right to dispute billing errors appears below.
17. Accepting this Agreement. This Agreement will be effective on either the date
you sign or otherwise submit an application for the Account that we approve or the date you
use, or someone you authorized uses, the Card or the Account, whichever is earlier. You agree
YOUR BILLING RIGHTS - KEEP THIS NOTICE FOR FUTURE USE
that by using the Account or the Card, signing an Account application or other Account document
This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act.
or otherwise accepting the Account or the Card, you accept the terms and conditions of
What To Do If You Find a Mistake on Your Statement. If you think there is an error on your
this Agreement.
statement, write to US at: Fifth Third Bank, MD 1MOC2G, 38 Fountain Square Plaza,
Cincinnati, Ohio 45263.
18. Promise to Pay. By using your Card or your Account, you promise to pay US for all
In your letter, give US the following information:
Transactions made on your Account, as well as any fees, finance charges or other charges.
Account Information: Your name and Account number.
If this is a joint account, each of you, together and individually, is responsible for all amounts
owed, even if only one of you uses the Account.
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.
19. Your Responsibility. You are responsible for all Transactions and other amounts posted
to your Account arising from the authorized use of your Account or Card. If you have authorized
You must contact US:
another person to use your Account or Card in any way, we will deem your authorization to
Within 60 days after the error appeared on your statement.
include the authorization to make Transactions of any kind using your Account or Card and
At least 3 Business Days before an automated payment is scheduled, if you want to stop
to incur related fees and charges. We will also deem your authorization to continue until you
payment on the amount you think is wrong.
revoke it by preventing that person from using your Account or Card. We are not responsible
for controlling any person whom you have asked US to add to your Account or someone you
You must notify US of any potential errors in writing. You may call US, but if you do, we are not
let use your Account or Card. You should think carefully before allowing anyone to become
required to investigate any potential errors and you may have to pay the amount in question.
an authorized user on your Account because you are allowing that person to use the Account
What Will Happen After We Receive Your Letter.
as you can. If you wish to remove that person's ability to use your Account or Card, you must
When we receive your letter, we must do two things:
notify US in writing. This notice will not be effective until we receive and have had a reasonable
1. Within 30 days of receiving your letter, we must tell you that we received your letter. We
opportunity to act on it.
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
OUR RIGHTS AND HOW THEY AFFECT YOU
why we believe the bill is correct.
20. Delays in Enforcement. We can delay enforcing or not enforce any of our rights under
While we investigate whether or not there has been an error:
this Agreement without losing our right to enforce them in the future. For example, we may
We cannot try to collect the amount in question, or report you as delinquent on that amount.
accept late payments or payments that are marked "payment in full" or with other restrictive
endorsements without losing any of our rights under this Agreement.
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
21. Termination. Subject to Applicable Law, we may terminate this Agreement or revoke
of your balance.
your right to use your Account or Card, along with your right to make future Transactions, at
any time and for any reason without notice to you. You or anyone you authorized to use the
We can apply any unpaid amount against your Total Amount of Extended Credit.
Card or Account may terminate your Account and use of your Card at any time by calling US
After we finish our investigation, one of two things will happen:
at 1-800-972-3030, or writing to US at Fifth Third Bank, MD 1MOC2G, 38 Fountain Square
If we made a mistake: You will not have to pay the amount in question or any interest or
Plaza, Cincinnati, Ohio 45263. Any request to terminate your Account will be effective after we
other fees related to that amount.
have had a reasonable opportunity to act on such request. The termination of this Agreement,
whether initiated by US or you, will not affect any of your or our rights and obligations under
If we do not believe there was a mistake: You will have to pay the amount in question,
this Agreement. If this Agreement is terminated, you must still repay any amounts you owe US,
along with applicable interest and fees. We will send you a statement of the amount you
even if we allow a Transaction to be completed with your Account or Card after this Agreement
owe and the date payment is due. We may then report you as delinquent if you do not pay
has been terminated. You agree to give to US or to destroy all of the Cards issued on your
the amount we think you owe.
Account when we ask you to or when this Agreement is terminated. If someone attempts to
If you receive our explanation but still believe your bill is wrong, you must write to US within
use a Card after this Agreement is terminated, the Card may be retained. A Card also may be
10 days telling US that you still refuse to pay. If you do SO, we cannot report you as delinquent
retained when you try to use it when certain other events occur.
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.
22. Default. Subject to Applicable Law, your Account will be in default under this Agreement
if any one of the following occurs: (a) you become generally unable to pay your debts, (b) you
If we do not follow all of the rules above, you do not have to pay the first $50 of the amount
die or are declared legally incompetent, (c) you use a check or instrument for payment that
you question, even if your bill is correct.
is dishonored, (d) you fail to pay the Minimum Amount Due on or before your Payment Due
Your Rights If You Are Dissatisfied With Your Card Purchase. If you are dissatisfied with the
Date, (e) any other creditor tries by legal process to take money of yours in our possession,
goods or services that you have purchased with your Card, and you have tried in good faith
(f) a petition is filed or other proceeding is commenced by or against you under the federal
to correct the problem with the merchant, you may have the right not to pay the remaining
bankruptcy act or any other applicable federal or state insolvency laws, (g) you provide US with
amount due on the Purchase. To use this right, all of the following must be true:
any false or misleading information, (h) you breach any of your other obligations under this
1. The Purchase must have been made in your home state or within 100 miles of your current
Agreement, (i) you are in default of any other credit agreement you have with US or any of
mailing address, and the Purchase price must have been more than $50. (Note: Neither of
our affiliates, or (j) we believe in good faith that you may not pay or perform your obligations
these are necessary if your purchase was based on an advertisement we mailed to you, or if
under this Agreement. The payment of any fee charged by US will not cure the default that
we own the company that sold you the goods or services.)
caused the fee.
2. You must have used your Card for the Purchase. Purchases made with Cash Advances from
an ATM do not qualify.
23. Our Additional Rights When You Are in Default. If your Account is in default
under this Agreement, we may, subject to Applicable Law, (a) require you to pay any portion of
4
your outstanding Account balance immediately, (b) allow you to repay your Account subject to
This provision is made pursuant to a transaction involving interstate commerce and will be
the terms and conditions of this Agreement, (c) immediately terminate your Account and cancel
governed by the FAA, 9 U. S. C. §§ et seq., as amended. The arbitrator will apply applicable
all Cards, (d) reduce your Account Total Amount of Extended Credit or otherwise limit your
substantive law consistent with the FAA and applicable statutes of limitations and will honor
ability to make Transactions as discussed in this Agreement, (e) commence a legal proceeding
claims of privilege recognized at law. Judgment upon the award rendered by the arbitrator may
against you to collect all amounts owed in connection with this Agreement, or (f) increase the
be entered in any court having jurisdiction. The arbitrator's decision will be final and binding,
APR for Purchases and Cash Advances. We also may charge you court costs and reasonable
except for any right of appeal provided by the FAA and except that, if the amount in controversy
attorneys' fees that we actually incur, as permitted by Applicable Law, if your Account is sent
exceeds $100,000, any party can appeal the award to a three-arbitrator panel administered
for collection to an attorney who is not our salaried employee. We will not be obligated to
by the AAA, which will reconsider de novo any aspect of the initial award requested by the
honor any attempted use of your Card or your Account if your Account is in default, or we have
appealing party. The decision of the panel will be by majority vote. The costs of such an appeal
decided to terminate your Account or limit your ability to make Transactions as discussed in this
will be borne by the appealing party regardless of the outcome of the appeal.
Agreement. Except as otherwise provided for in this Agreement, finance charges will continue
to accrue at the APR in effect at the time of default until your total Account balance, including
such accrued finance charges, is paid in full. You agree that, subject to Applicable Law, if your
As solely used in this provision, the terms we and US will for all purposes mean Fifth Third Bank,
Account is in default under this Agreement, you will accept calls from US at your home and your
all of its parents, wholly- or majority-owned subsidiaries, affiliates, predecessors, successors
place of business regarding collection of your Account. You understand and agree that the calls
and assigns, and all of their independent contractors, agents, employees, directors and
to your home may be automatically dialed and a recorded message may be played. You agree
representatives.
such calls will not be considered "unsolicited" calls or telemarketing calls for purposes of state
or federal law.
This provision will survive termination of your Account, as well as the repayment of all
outstanding amounts incurred in connection with this Agreement. If any portion of this provision
24. Reevaluation of Financial Condition and Credit History. We may reevaluate
is deemed invalid or unenforceable under any law or statute consistent with the FAA, it will not
your financial condition and investigate any information you provided on your Account
invalidate the remaining portions of this arbitration provision or the Agreement. In the event of
application at any time. In the course of doing so, we may obtain a current credit report and
a conflict or inconsistency between the AAA Rules and this arbitration provision, this provision
ask you for additional information about your financial condition by completing a Personal
will govern.
Financial Statement or such other form that we request from time to time. You give US your
permission to obtain any information about you that we believe would be beneficial to facilitate
27. Changes to this Agreement. Subject to Applicable Law, we can change this
our determination of your eligibility for the Account and the Card, including credit reports from
Agreement at any time, regardless of whether you have access to your Account, by adding,
consumer reporting agencies. We may, as a result of any such re-evaluation, deem your Account
deleting or modifying any provision (including increasing any rate of finance charge, increasing
to be in default.
or adding fees or charges (including annual fees), changing the method of computing balances
subject to finance charge, changing your Total Amount of Extended Credit, changing the date
25. Telephone Monitoring and Recording. You acknowledge that your telephone
upon which finance charges begin to accrue, changing the Minimum Amount Due or limiting
calls and other communications you provide to US may be monitored and recorded for training
the number or amount of Transactions on your Account). Any such changes will generally be
and quality control purposes. You agree that we may monitor, record, retain and reproduce
effective immediately unless we are required by Applicable Law to provide you with advance
your telephone calls and any other communications you provide to US, regardless of how
written notice of the proposed changes. If this is the case, those changes will be effective
transmitted to US, as evidence of your authorization to act in connection with any Transaction,
immediately following the effective date stated in the notice. Subject to Applicable Law, any
your Account or other service contemplated by this Agreement. We will not be liable for any
such changes will apply to your outstanding Account balance on the effective date of the change
losses or damages that are incurred as a result of these actions. We are not, however, under
and to any future balances created after that date. If we give you the right to reject a change
any obligation to monitor, record, retain or reproduce such items, unless required to do SO by
(whether because it is required by Applicable Law or otherwise), and you do not notify US by
Applicable Law.
the date stated a notice, or if you notify US but then use your Account after the date stated in
the notice, you will be deemed to accept all changes in the notice and to accept and confirm
all terms of your Agreement and all changes in prior notices we have sent you, regardless of
26. Arbitration. You and we each agree that any Claim will be arbitrated instead of litigated
whether you have access to your Account. If you reject a change that we make, we will close
in court under the circumstances and procedures set forth below. Any Claim will be resolved
your Account. No change to any term of this Agreement will affect your obligation to pay all
upon the election of arbitration by you or US pursuant to this provision and the AAA Rules in
amounts you owe under this Agreement.
effect at the time the Claim is filed. (If for any reason the AAA is unable or unwilling or ceases
to serve as arbitration administrator, another nationally recognized arbitration organization
utilizing similar rules and procedures will be substituted by us.) With respect to Claims covered
28. Waiver of Rights. Except as may be prohibited by Applicable Law, you agree to waive
by this provision, a party who has asserted a Claim in a lawsuit in court may elect arbitration
any right you may have for US to act promptly in bringing any action(s) against you (known as
with respect to any Claim subsequently asserted in that lawsuit by any other party or parties.
diligence); to demand payments of amounts due (known as presentment); to obtain an official
IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER YOU NOR
certification of non-payment (known as protest); and to give notice that amounts due will not
WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT
be paid (known as notice of dishonor or notice of default and non-payment).
CLAIM, OR TO ENGAGE IN PREARBITRATION DISCOVERY EXCEPT AS PROVIDED FOR IN THE AAA
RULES. FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR
29. Change of Address. We will rely on the address we have for you in our records for
MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION.
any Account communications we send to you unless and until either you or the U.S. Postal
EXCEPT AS SET FORTH BELOW, THE ARBITRATOR'S DECISION WILL BE FINAL AND BINDING.
Service notifies US of a change of address and we have had a reasonable opportunity to act on
NOTE THAT OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO NOT
such notice. If your Account is a joint Account, each of you appoints the other as your agent
BE AVAILABLE IN ARBITRATION.
to designate the address to which any and all Account communications, including the Account
Statement, may be sent to you.
The AAA Rules and forms of the AAA may be obtained by calling 1-800-778-7879 or by visiting
the AAA's Web site at www.adr.org. All Claims must be filed at any AAA office.
30. Correspondence. To the extent permitted by Applicable Law, any communication you
send to US will not be effective until we receive it and have had a reasonable opportunity to
There will be no authority for any Claims to be arbitrated on a class action basis. Any arbitration
act on it. Any communication we send to you will, however, be effective and deemed delivered
hearing that you attend will take place in the federal judicial district in which you reside. At
when mailed to you at your address as it appears on our records.
your written request, we will temporarily advance up to $500 towards the filing, administrative
and/or hearing fees for any Claim that you may file against US after you have paid an amount
31. Assignment. You may not sell, assign or transfer your Account or Card or any of your
equivalent to the fee, if any, for filing such a Claim in state or federal court (whichever is less)
rights and obligations under this Agreement. We may, however, sell, assign or transfer your
in the judicial district in which you reside. At the conclusion of the arbitration, the arbitrator will
Account, or any balance due thereunder, and our rights and obligations under this Agreement to
decide who will ultimately be responsible for paying the filing, administrative and/or hearing
another entity without your consent and without prior notice. That entity will take our place in
fees in connection with the arbitration. Unless inconsistent with Applicable Law, each party will
this Agreement.
bear the expense of that party's attorneys' experts' and witness fees, regardless of which party
prevails in the arbitration.
5
32. Severability. If any provision of this Agreement is deemed to be void or unenforceable
greater than $10,000. We reserve the right to reject deposits in excess of $10,000 at any
by a court of competent jurisdiction, or any governmental agency, that provision will continue
ATM displaying the Jeanie logo);
to be enforceable to the extent permitted by that court or agency, and the remainder of that
(d) transfer funds between your checking, savings, Visa or line of credit accounts;
provision will no longer be considered as part of this Agreement. All other provisions of this
Agreement will, however, remain in full force and effect.
(e) pay bills directly from your Bank Account to parties that have been identified and have
agreed to accept your payments, provided that your Bank Account is a checking account and
the payment is made in accordance with our procedures; and
33. Governing Law. This Agreement is entered into between you and US in the State
(f) pay for purchases from your Bank Account at places that have agreed to accept your Card,
of Ohio, and your Account and this Agreement, and any claim, dispute or controversy arising
provided that your Bank Account is a checking account.
from or relating to your Account or this Agreement, whether based in contract, tort, fraud
or otherwise and regardless of the place where you live, is governed by, and construed in
accordance with, the laws of the State of Ohio, without regard to Ohio's conflict of laws
If you use your Card and your PIN to pay for a Purchase from a merchant or to withdraw
principles, and applicable federal laws and regulations. The legality, enforceability and
cash from an ATM, you authorize US to debit your Bank Account for the total amount of the
interpretation of this Agreement and the amounts contracted for under this Agreement also are
Transaction as shown on any sales draft or withdrawal order originated by use of your Card,
governed by Ohio law and applicable provisions of federal law, and all amounts granted under
regardless of whether you signed it. We will handle such sales drafts or withdrawal orders in the
this Agreement are extended from the State of Ohio.
same way we handle checks and other items drawn on your Bank Account, with the exception
that you will have no right to stop payment. Some of these services may not be available at
all terminals, may be limited by third parties and are subject to the limitations described in this
34. Entire Agreement. You acknowledge that this Agreement, as amended from time
Agreement and other rules, regulations and agreements that apply to your Bank Account or
to time, and the documents accompanying your Card that apply to your Account, which are
your Account. You may perform other transfers as we expand the types of available transfers in
incorporated by reference into this Agreement, make up the entire agreement between you and
the future. We will notify you as to the nature and frequency of those transfers.
US and supersedes and may not be contradicted by evidence of any prior or contemporaneous
written or oral communications and understandings between you and US concerning the Account
and the Card. Neither you nor we intend that anything in this Agreement should result in the
41. Limitations on Types and Frequency of Electronic Banking Transfers.
assessment of fees or charges in excess of those permitted by Applicable Law. If any fee or
Electronic banking services, including Card Transactions, and payments are subject to the
charge assessed under this Agreement is finally determined to be in excess of that permitted
following limitations in this section and elsewhere in this Agreement:
by Applicable Law, the excess amount will be applied to reduce the outstanding balance in
(a) Due to certain state banking laws currently in effect, you may not be able to make deposits
your Account or, if there is no outstanding balance, will be refunded to you. You agree that any
at all Jeanie or Money Station locations.
documentation provided to you that indicates that a Transaction was made shall be admissible
(b) The immediate use of deposited funds is restricted by our rules, regulations and agreements
as evidence of such Transaction and shall be proof that such transaction or transfer was made.
governing Bank Accounts.
(c) Cash withdrawals from Jeanie, Money Station or other ATM terminals may be made only
35. Questions. If you have any questions about this Agreement or your Card, please contact
from individual or joint personal Bank Accounts and not from any other accounts.
US at 1-800-972-3030.
(d) You are not permitted to make bill payments or transfers or pay for Purchases from any
Bank Account that is a savings account using a Jeanie or Money Station terminal, Fifth Third
36. Section Headings. The Section headings used in this Agreement are only meant to
Internet Banking and Bill Payment or Fifth Third Bank Telephone Banking, except as provided in
organize this Agreement, and do not in any way limit or define your or our rights or obligations
subparagraph (e) below.
hereunder.
(e) Fifth Third savings accounts allow up to six of the following transfers or withdrawals on
the account per month: pre-authorized or automatic transfers/withdrawals, or transfers/
READY RESERVE AND EFT SERVICES
withdrawals made by check, debit card, or similar order payable to a third party. Examples of
preauthorized or automatic transfers include automatic transfers from savings to checking to
37. Ready Reserve. If you have applied and been approved for the Ready Reserve feature
cover an overdraft or a transfer of funds or bill payment from your savings account using
of your Account, you can authorize automatic transfers from your Account into any checking
Fifth Third Internet Banking and Bill Payment, Fifth Third Bank Telephone Banking, or any
account you maintain with US in order to cover an overdraft on such account and any applicable
money management payment from your savings account. You may, however, make as many
service charge. If you overdraw your checking account with US on any day, we may charge your
payments as you wish from your Fifth Third savings account to your installment, mortgage or
Account for a Cash Advance in an amount equal to the overdrawn amount or $50, whichever
credit card accounts with US.
is greater, in order to eliminate the overdraft, together with any applicable finance charges and
service charges. If you have applied and been approved for Ready Reserve, you may use your
(f) You may not use your Card at a POS terminal.
Card as an ATM card by entering your PIN.
(g) For security reasons, there are limits on the amount of cash withdrawals from your Bank
Account that may be made from Jeanie, Money Station or other electronic banking terminals
38. Use of Card for EFT Services. If you use your Card as an ATM card, the following
or systems.
additional terms and conditions apply to your use of your Card to access your Bank Account
(h) There are limits on the amount of cash you may withdraw or transfer immediately after you
for the EFT services we make available (for example, (a) use of the Jeanie® Pulse® Plus
make a deposit.
System® Visa, Cirrus or other electronic banking terminals or systems; (b) use of our
(i) You may place a stop payment order on a preauthorized EFT from your Account by notifying
telephone bill payment service; (c) use of Fifth Third Bank Telephone Banking to transfer
US orally or in writing at least three (3) Business Days before the scheduled date of the transfer.
money; (d) use of Fifth Third Internet Banking and Bill Payment to transfer money or pay
Once you have placed a stop payment order on a preauthorized transfer, we will not make any
bills; (e) electronic direct deposits of government payments such as Social Security and payroll
more preauthorized transfers to the person or company that you were going to pay until we
payments; (f) preauthorized bill payments; and (g) electronic check conversion) and are
receive a new written authorization from you.
provided to you in accordance with the requirements of federal law.
(j) No deposits or withdrawals may be made to or from a dormant Bank Account through
Jeanie, Money Station or other electronic banking terminal or system.
39. ATM Transaction Charges. Your checking, savings, credit card or line of credit
(k) We may, from time to time, limit the type, number and dollar amounts of any checks,
account with US may be subject to charges when using an ATM that does not display both our
drafts, withdrawals or transfers, that may be made from your Bank Account using the Card,
logo and the Jeanie logo. Details about these charges are disclosed elsewhere in this Agreement
even if you have sufficient available funds in your Bank Account, and to terminate or suspend
and in our "Checking Brochure" and "Savings Brochure." Also, if you use an ATM that does
the operation of any or all EFT devices, including your Card, without notice, unless required by
not display both our logo and the Jeanie logo, you may be charged a fee by the ATM owner or
Applicable Law.
operator, as well as by any network used (and you may be charged a fee for a balance inquiry
(I) For security reasons, there may be other limits on the number and amount of transactions
even if you do not complete an EFT).
you can make using the Jeanie system.
42. Error Resolution Process. IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR
40. Types of EFTs. If you use your Card and your PIN, you may:
ELECTRONIC TRANSFERS, telephone US at 1-800-972-3030 or write US at Fifth Third Bank,
(a) withdraw cash from your Bank Account;
MD 1MOC2G, 38 Fountain Square Plaza, Cincinnati, Ohio 45263 as soon as you can if you
(b) obtain a Cash Advance;
think your statement or receipt is wrong or if you need more information about a transfer listed
on the statement or receipt. We must hear from you no later than sixty (60) days after we
(c) make deposits to your Bank Account (Note: Money Station ATMs will not accept deposits
sent the FIRST statement on which the error or problem appeared.
6
(a) Tell US your name and Bank Account number (if any).
(b) Describe the error or the transfer you are unsure about, and explain as clearly as you can
47. Business Days. For purposes of the section of this Agreement entitled Ready Reserve
why you believe it is an error or why you need more information.
and EFT Services, our Business Days are Monday through Friday. Holidays are not included.
(c) Tell US the dollar amount of the suspected error.
48. Contacts in the Event of Unauthorized Card Transfers. If you believe that
If
you tell US orally, we may require that you send US your complaint or question in writing
your Card or PIN, or both, has been lost or stolen or that someone has authorized or may
within ten (10) Business Days. We will determine whether an error occurred within ten (10)
authorize a transfer from your Bank Account without your permission, you can call US at
Business Days following the date you notified US, and we will correct any error promptly. If
1-800-782-0279.
we need more time, however, we may take up to forty-five (45) calendar days to investigate
your complaint or question following the date you notified US. If we decide to do this, we will
49. Authorized Use. You agree that, if you authorize another person to use your Account,
provisionally recredit your Bank Account within ten (10) Business Days following the date you
Bank Account, Card or PIN in any manner, your authorization will be deemed to include the
notified US for the amount you think is in error, so that you will have the use of the money
authorization to perform electronic banking services of any kind using your Account, Bank
during the time it takes US to complete our investigation. If we ask you to put your complaint
Account, Card or PIN and to incur related fees and charges, even if that person exceeds your
or question in writing and we do not receive it within ten (10) Business Days, we may not
authorization. Your authorization will be deemed to continue until you have taken all steps
provisionally recredit your Bank Account.
necessary to revoke it by preventing such use by that person.
For errors involving new Bank Accounts, POS or foreign-initiated transactions, we may take up
50. Service. If you use the Card for Fifth Third Bank Telephone Banking or other telephone
to ninety (90) calendar days to investigate your complaint or question. For new Bank Accounts,
banking or Fifth Third Internet Banking and Bill Payment, and we approve such use of the Card,
we may take up to twenty (20) Business Days to credit your Bank Account for the amount that
we will transfer money in your Bank Accounts with US or accounts over which you have the
you think is in error.
authority to withdraw or transfer funds to the accounts of designated merchants. Such transfer
will be made upon your instructions by use of a telephone, or by other means acceptable to US.
We will tell you the results within three (3) Business Days after completing our investigation.
You agree to allow a reasonable period of time (at least five (5) Business Days) for a merchant
If we decide that there was no error, we will send you a written explanation. You may ask for
to receive the payment. We will not be responsible for any delays caused by mail service or
copies of the documents that we used in our investigation.
others. In no case will we be liable for any interest or late payment charges assessed by a
merchant or termination of service caused by a delay in a merchant's receipt of the payment.
You agree to notify US of any change in your address or account with a merchant, including
43. Fees. You agree that we may charge and deduct from your Bank Account (or any other
change of account number.
account that you maintain with US primarily for personal, family or household purposes, as
necessary) any charges associated with or incurred in connection with the use of your Card.
51. Card Cancellation, Revocation or Limitation. Your Card may be cancelled,
revoked or limited in its use at any time by US or our agent.
44. Disclosure of Bank Account Information to Third Parties. We take our
responsibility to protect the confidentiality of your financial information very seriously. It is our
policy never to share information about you, your Bank Account or the transfers made using
Fifth Third Bank, Member FDIC.
your Card with third parties, including marketing companies, except in the situations noted
below. Specifically, we will disclose such information:
(a) where it is necessary for completing transfers;
(b) in order to verify the existence and condition of your Bank Account for a third party, such as
a credit bureau or a merchant;
(c) in order to comply with government agency or court orders, such as a lawful subpoena;
(d) if you give US your written permission;
(e) in the investigation or prosecution of alleged fraudulent activity concerning your Bank
Account; or
(f) as otherwise provided in the Fifth Third privacy policy.
You authorize the disclosure to any merchant or other payee of the information relating to your
accounts as is reasonably necessary to perform our electronic banking services.
45. Documentation of Terminal Transfers. For transactions of more than $15, you
can get a receipt at the time you make any transfer to or from your Bank Accounts using a
Jeanie machine, Money Station, Plus System, VISA or any other electronic banking terminal,
unless, for some reason, the machine or terminal is not working properly.
46. Your Liability. Tell US AT ONCE if you believe your Card or PIN, or both, have been lost,
stolen or used (or may be used) or that a transfer has been or may be made with your Card
or PIN without your permission. Telephoning is the best way of keeping your possible losses
down. You could lose all the money in your Bank Account if you have a checking account with
the overdraft protection feature. If you tell US within two (2) Business Days, you can lose no
more than $50 if someone used your Card or PIN without your permission. If you do NOT tell
US within two (2) Business Days, and we can prove that we could have stopped someone from
using your Card or PIN without your permission if you had told US, you could lose as much
as $500.
Also, if your statement shows transfers that you did not make, tell US at once. If you do not tell
US within sixty (60) days after the statement was mailed to you, you may not get back any
money you lost after the sixty (60) days if we can prove that we could have stopped someone
from taking the money if you had told US in time.
If a good reason (such as a long trip or hospital stay) kept you from telling US, we will extend
7
the time period for a reasonable time.
Rev. 08/11
FACTS
WHAT DOES FIFTH THIRD DO WITH YOUR PERSONAL INFORMATION?
WHY?
Financial companies choose how they share your personal information. Federal law gives consumers the right
to limit some, but not all, sharing. Federal law also requires us to tell you how we collect, share, and protect your
personal information. Please read this notice carefully to understand what we do.
WHAT?
The types of personal information we collect and share depend on the product or service you have with us.
This information can include:
Social Security number, name, address, email address, income, and assets
Payment history and account balances
Credit history and credit worthiness
HOW?
All financial companies need to share customers' personal information to run their everyday business. In the
section below, we list the reasons financial companies can share their customers' personal information; the
reasons Fifth Third chooses to share; and whether you can limit this sharing.
REASONS WE CAN SHARE YOUR PERSONAL INFORMATION
DOES FIFTH THIRD SHARE?
CAN YOU LIMIT THIS SHARING?
For our everyday business purposes- such as to process
your transactions, maintain your account(s), respond to court
Yes
No
orders and legal investigations, or report to credit bureaus
For our marketing purposes- to offer our products and
Yes
No
services to you
For joint marketing with other financial companies
Yes
No
For our affiliates' everyday business purposes-
Yes
No
information about your transactions and experiences
For our affiliates' everyday business purposes-
Yes
Yes
information about your creditworthiness
For our affiliates to market to you
Yes
Yes
For nonaffiliates to market to you
No
N/A
TO LIMIT
Call 1-800-889-5269-our menu will prompt you through your choice(s); or
OUR
Write to us at Fifth Third, Customer Service, Privacy Administration, Post Office Box 4444, Cincinnati, OH 45263-4444.
SHARING
Requests must include your name, address, telephone number, and Social Security number (or taxpayer
identification number). Incomplete information will delay or possibly prevent our ability to honor your request; or
Visit any Fifth Third Banking Center.
Please note: If you are a new customer, we can begin sharing your information 30 days from the date we sent
this notice. When you are no longer our customer, we continue to share your information as described in this
notice. However, you can contact us at any time to limit our sharing.
QUESTIONS?
Call 1-800-889-5269 or go to www.53.com.
WHO WE ARE
Who is providing this notice?
Fifth Third Bank and its affiliates (please see next page for List of Affiliates).
WHAT WE DO
How does Fifth Third protect my
To protect your personal information from unauthorized access and use, we use
personal information?
security measures that comply with federal law. These measures include computer
safeguards and secured files and buildings.
How does Fifth Third collect my
We collect your personal information, for example, when you:
personal information?
Open an account or apply for a loan
Pay your bills or make a deposit
Use your credit or debit card
We also collect your personal information from others, such as credit bureaus,
affiliates, or other companies.
8
Why can't I limit all sharing?
Federal law gives you the right to limit only:
sharing for affiliates' everyday business purposes-information about your creditworthiness
affiliates from using your information to market to you
sharing for nonaffiliates to market to you
State laws and individual companies may give you additional rights to limit sharing.
See below for more information on state laws.
What happens when I limit sharing
Your choices will apply to everyone on your account.
for an account I hold jointly with
someone else?
DEFINITIONS
Affiliates
Companies related by common ownership or control. They can be financial and
nonfinancial companies.
Our affiliates include companies with a Fifth Third name; financial companies such as an
insurance agency or a leasing company.
Nonaffiliates
Companies not related by common ownership or control. They can be financial and
nonfinancial companies.
Fifth Third does not share information with nonaffiliates SO they can market to you.
Joint marketing
A formal agreement between nonaffiliated financial companies that together market
financial products or services to you.
Our joint marketing partners include but may not be limited to insurance companies
and credit card companies.
OTHER IMPORTANT INFORMATION
Nevada law requires that we provide you with the following contact information:
Fifth Third, Customer Service
Bureau of Consumer Protection, Office of the Nevada Attorney General
Privacy Administration
555 East Washington Street, Suite 3900
P.O. Box 4444
Las Vegas, NV 89101
Cincinnati, OH 45263-4444
Phone: (702) 486-3132, Email: BCFINFO@ag.state.nv.us
CA, ND and VT residents: Accounts with mailing addresses in these states will be treated as if they have selected for us to not share
your credit and personal financial information with other Fifth Third companies.
CUSTOMER IDENTIFICATION PROGRAM
In accordance with the USA PATRIOT Act, Federal law requires all financial institutions to obtain, verify, and record information that identifies each individual or entity
opening an account. This includes all personal and commercial accounts, including loan and deposit accounts, as well as trust, brokerage, insurance, and investment
management accounts.
What This Means To Our Customers
When you open an account, you will be asked for your name, address, Social Security or tax identification number, date of birth (if applicable), and other information that
will allow Fifth Third to identify you. You will also be asked to furnish your driver's license or other identifying documents. We are required to follow this procedure each
time an account is opened, even if you are a current customer of Fifth Third.
LIST OF AFFILIATES
Fifth Third Bank, an Ohio Banking Corporation
Fifth Third Real Estate Capital Markets, Inc.
Fifth Third Holdings, LLC
Fifth Third Insurance Agency, Inc.
The Fifth Third Leasing Company
Home Equity of America, Inc.
Fifth Third Mortgage Company
Fifth Third Asset Management, Inc.
Fifth Third Mortgage, MI, LLC
Fifth Third Securities, Inc. Member FINRA/SIPC
Vantiv
The Fifth Third Auto Leasing Trust
Vista Settlement Services, LLC
SLK Global BPO Services Pvt. Ltd.
Transactive Ecommerce Solutions, Inc.
Fifth Third Bank, Member FDIC.
Important Information About Credit Reporting
We may report information about your accounts to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report.
Fifth Third Securities is the trade name used by Fifth Third Securities, Inc., member FINRA/SIPC, a registered broker-dealer. Securities and investments offered through
Fifth Third Securities, Inc.
Are Not FDIC Insured
Offer No Bank Guarantee
May Lose Value
Are Not Insured By Any Federal Government Agency
Are Not A Deposit
Insurance products made available through Fifth Third Insurance Agency, Inc.
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Preferred Banking Visa Signature Credit Card
Fees and Credit Disclosures
Interest Rates and Interest Charges
Annual
How We Will Calculate Your Balance: We use a method called "average daily
0%
Percentage
introductory APR for the first 12 Billing Cycles.
balance (including new purchases).'
Rate (APR)
After that, your APR will be
12.99%
to
23.99%,
for
Loss of Introductory APR: We may end your introductory APR for Purchases and
based on your credit worthiness. This APR will vary with the
Purchases:
Balance Transfers and apply the APR in effect or the Penalty APR if you make a late payment,
market based on the WSJ Prime Rate.
make a payment that is returned or use a Convenience Check that is not honored.
APR for
0% introductory APR for the first 12 Billing Cycles.
Balance
After that, your APR will be the standard APR for Purchases and
The introductory APR for Purchases and Balance Transfers is 0% for the first 12 billing cycles.
Transfers:
will be 12.99% to 23.99%, based on your credit worthiness.
Thereafter, the APR for Purchases and Balance Transfers is 12.99% to 23.99%, depending
This APR will vary with the market based on the WSJ Prime Rate.
on your credit worthiness. The APR for Cash Advances and Penalty is 24.99%.
APR for Cash
24.99%
The Monthly Periodic Rate for introductory Purchases and Balance Transfers is 0.0000%.
Advances
The Monthly Periodic Rate for Purchases and Balance Transfers after the introductory period
has ended will be 1.0825% to 1.9992%, depending on your credit worthiness. The Monthly
Penalty APR
24.99%
Periodic Rate for Cash Advances and Penalty is 2.0825%.
and When it
This APR may be applied to your Account if you:
Applies
1) Make a late payment;
The margin added to the Prime Rate for the APR for Purchases and Balance Transfers
2) Make a payment that is returned;
is 9.74% to 20.74% depending on your credit worthiness. Your margins are the portions
3) Use a Convenience Check that is not honored.
of your interest rates added to the Index value (WSJ Prime Rate) used to determine your
How Long Will the Penalty APR Apply? If your APRs
APRs.
are increased because you are 60 days late, the Penalty APR
will apply until you make six consecutive minimum payments
Information contained in this Fifth Third Bank Disclosure is accurate as of 2/15/11 and is
when due. If your APRs are increased for other reasons listed
subject to change thereafter.
above, the Penalty APR will apply for an indefinite period of time.
How to
Your due date is at least 21 days after the close of each Billing
The WSJ Prime Rate means the prime rate published in the "Money Rates" section of
Avoid Paying
Cycle. We will not charge you interest on Purchases if you pay
the online version of The Wall Street Journal. We determine the WSJ Prime Rate two days
Interest on
your entire balance by the due date each month.
prior to the closing date of your Billing Cycle. Changes to the Monthly Periodic Rate and
Purchases
corresponding APR for Purchases will be applied to your existing Account balance and to
subsequent transactions effective the first day of the Billing Cycle in which we determine
Minimum
If you are charged interest, the charge will be no less than $1.00.
the interest rate. Any increase or decrease in the WSJ Prime Rate will result in an increase
Interest
or decrease in your Monthly Periodic Rate and the APR, and as a result, the finance charge
Charge
and the Minimum Amount Due will change and may result in a smaller part of your payment
being applied to reduce principal.
FEES
Explanation of Balance Subject to Interest Charges: We figure the interest
Annual Fees
charge on your account by applying the periodic rate to the "average daily balance" of your
Annual Fee
None
account. To get the "average daily balance" we take the beginning balance of your account
each day, add any new purchases, and subtract any payments or credits. This gives US the
Transaction Fees
daily balance. Then, we add up all the daily balances for the billing cycle and divide the total
Balance
Either $5 or 4% of the amount of each transfer, whichever is
by the number of days in the billing cycle. This gives US the "average daily balance."
Transfer
greater.
Cash
Either $5 or 4% of the amount of each Cash Advance,
Advance
whichever is greater.
International
3% of each transaction in U.S. dollars.
Transaction
Penalty Fees
Late
Up to $35
Payment
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