IMPORTANT NOTICE FOR CUSTOMERS THAT OPENED THEIR
FRNCCA0314
ACCOUNT VIA TELEPHONE.
How We Will Calculate Your Balance: We use a method called
Please see below for important information regarding the Terms
"daily balance." See your Account agreement for more details.
and Conditions (Terms) of your new Fuel Rewards Network™
MasterCard® Credit Card Account and your ability to reject these
Billing Rights: Information on your rights to dispute
Terms.
transactions and how to exercise those rights is provided in your
For those customers that opened their account via the telephone
account agreement.
you will have up to 25 days from the date of your application to
review these terms and either accept or reject them. You do not
Comenity Capital Bank 1-866-284-2764 (TDD/TTY 1-888-819-1918)
New York Residents: New York Residents may contact the New York state Depart-
have to take any action if you accept these terms. If you do not
ment of Financial Services by telephone or visit its website for free information
want to accept these Terms, you must contact Comenity Capital
on comparative credit card rates, fees, and grace periods. New York Department
Bank at 1-866-248-4488 (TDD/TTY 1-888-819-1918) within
of Financial Services 1 (800) 518-8866 or www.dfs.ny.gov.
the 25 day period. If you opened your account via the telephone,
and you contact us within this period, any purchases that may
Rate Information: The following chart provides details on your variable rate(s) as
of March 1, 2014. We divide the APR by 365 to determine the daily periodic
have posted to your account will be removed and your account
rate.
will be closed. You will then be required to provide Fuel Rewards
Network™ with an alternate means of paying for any purchases
Add to Index
APR
Daily Periodic Rate
you have made. This right to review is only applicable to those
Tier 1 Purchase APR
21.74%
24.99%
0.06846%
customers that opened their account via telephone.
Tier 2 Purchase APR
17.74%
20.99%
0.05750%
The Ohio laws against discrimination require that all creditors make credit
equally available to all creditworthy customers, and that credit reporting agencies
Tier 3 Purchase APR
13.74%
16.99%
0.04654%
maintain separate credit histories on each individual upon request. The Ohio
Civil Rights Commission administers compliance with this law.
Balance Transfers
23.74%
26.99%
0.07394%
and Cash Advances
Your Fuel Rewards Network™ MasterCard® Credit Card account
We'll charge you a minimum interest charge of $2.00 per credit plan for any
agreement.
billing period in which interest is due. For additional information, see Rates in
This card is issued by Comenity Capital Bank pursuant to a li-
Section D.
cense from MasterCard. MasterCard is a registered trademark
Minimum Payment: The Minimum Payment Due is the total of minimum pay-
of MasterCard International Incorporated. This Agreement COV-
ments for Regular Revolving and Promotional Credit Plan purchases plus any
Past Due amounts. The total Minimum Payment Due on your account won't be
ers the Terms and Conditions of your account with us. In this
less than $25.00. If your Account balance is less than $25.00, you must pay the
document, you will find important information about using and
amount indicated on your Statement in full. The Minimum Payment Due for each
managing your account, including a Privacy Statement and infor-
Regular Revolving and Cash Revolving Credit Plans will be:
mation concerning your billing rights. Your use of the account, or
The greater of:
o
failure to close the account within the 30 days of receiving this
1% of the New Balance, excluding any new Regular Revolving or Cash
Revolving Credit Plan Finance Charges shown on the Statement; or
document, indicates your acceptance of the terms of this agree-
o
$5.00
ment, including the assessment of any interest charges and fees.
Plus any new Regular Revolving or Cash Revolving Credit Plan Finance
Section | of this Agreement also includes a Jury Trial Waiver and
Charges shown on the Statement rounded up to the nearest $1.00.
an Arbitration Provision in the event of a dispute.
See
Minimum Payment in Section C below for promotional credit plan minimum
You have a right to reject this Arbitration Provision.
payment calculations.
The APR information described below is accurate as of March 1, 2014. Due to a
If you do not reject this Arbitration Provision, it will be part
change in the index, this information may have changed. To find out more, call
of this Agreement and will:
us at 1-866-284-2764 (TDD/TTY: 1-888-819-1918), or write us at Comenity
o
Eliminate your right to a trial by jury; and
Capital Bank, PO Box 183003, Columbus, Ohio 43218-3003 or visit our web-
o
Substantially affect your rights, including your right to
site at comenity.net/FRN.
bring, join in or participate in class proceedings.
A. Getting Started
Please read each section carefully and keep this document for
Definitions
your records.
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
In the following sections, you will find information on:
Account with us. "Account" means your credit card account with us. "Card"
Financial terms of your account: An at-a-glance summary of the fees and charges
means each credit card we issue for your Account, as applicable. "Credit Plan"
associated with your account
means one or more payment program options Fuel Rewards Network may ask us
A. Getting started: the basics of your account
to offer from time to time.
B.
Keeping your account in good standing: avoiding default, and what to do if
Upholding your Agreement
your card is lost or stolen, as applicable
You agree to the terms of this Agreement, and promise to do everything
C.
Learning more about your account: credit plans, and credit limits, and how
required of you. If you sign or submit an application or solicitation to obtain
payments are calculated and applied
credit from us, you'll be legally bound by this Agreement. You're also legally
D.
Interest, fees and charges: when and how fees and costs are applied to your
bound if you sign a charge slip, or permit someone else to use the credit
account
provided.
E.
Other important information: legal rights, costs, and how we'll handle
You agree that the credit extended under your Account will be used only for
changes to your account
personal, family or household purposes and not for business or commercial
F.
Disputes and reporting to consumer reporting agencies: data we provide,
purpose.
and receive from, consumer reporting agencies, and what to do if you think
If the Account is a joint Account, you and the joint Account holder will
there is an error on your periodic statement
be bound by this Agreement. Each of you will be jointly and individually
G.
Optional products: how to protect your account from fraud or theft, and
responsible for repaying all amounts due. If more than one person is re-
information on services that can help pay your debt in case of emergencies
sponsible for this Account, we will only provide billing statements and com-
H.
Communicating with us: what happens when you contact us
munications to one of you.
I.
Arbitration and jury trial waiver: how we'll resolve disagreements, including
a jury trial waiver and Arbitration provision
Any authorized user of your Account will be bound by the terms of this
Agreement. One additional Card may be issued with the individual name of
Privacy statement: how we collect, use, share, and protect your personal informa-
tion; and the privacy choices you can make.
an authorized user embossed on the Card. If you want to revoke the use of
your Account by an authorized user, either write us at the address, or call us
Financial terms of your account
at the phone number, shown on your Statement.
You agree to pay for all transactions made on your Account by an authorized
Interest Rates and Interest Charges
user, whether or not such transactions were authorized by you or made for
your benefit.
16.99% to 24.99%
Card signature (as applicable)
when you open your account, based
For your own protection, please sign your Card before using it. Keep in mind that
Annual Percentage
your signature on the Card isn't a prerequisite to your obligation to pay amounts
Rate (APR) for
on your creditworthiness.
incurred on your Account.
Purchases
Using your Account
After that, this APR will vary with the
Your Account may be used to make purchases from anywhere MasterCard is
market based on the Prime Rate.
accepted.
We reserve the right to not honor transactions related to, including, but not
APR for Balance
26.99%
limited to, gambling, ATM usage at casinos, and illegal activities.
Transfers and Cash
This APR will vary with the market
You may obtain a loan from us under your Account by using your Card or
Advances
based on the Prime Rate.
a convenience check as follows: by purchasing goods or services with your
Card or your Account number: by obtaining a cash advance from a financial
Your due date is at least 23 days after
institution, by use of an ATM; by using a convenience check; or, by incurring
the close of each billing cycle. We will
charges authorized by this Agreement.
From time to time, in our sole discretion, we may send you convenience
not charge you interest on purchases
checks for use in borrowing under this Agreement. All convenience checks
Paying Interest
if you pay your entire balance by the
you use will be treated as cash advances under this Agreement, and subject
due date each month. We will begin
to the terms and fees that apply to cash advances, unless we advise you
charging interest on balance transfers
otherwise.
and cash advances on the transaction
You agree that convenience checks that you use will not be returned to you.
You may not use the convenience checks to make payments on any Co-
date.
menity Capital Bank Account.
You agree not to use a convenience check, and we do not have to pay any
Minimum Interest
If you are charged interest, the charge
convenience check:
Charge
will be no less than $2.00 per credit
o
if you are in default under this Agreement;
plan
o
if payment of that convenience check would cause your outstanding
cash advance balance to exceed your cash advance limit; or
To learn more about factors to consider
o
For Credit Card
if we cancel or suspend your right to use convenience checks
Tips from the
when applying for or using a credit
From time to time, in our sole discretion, we may offer you the ability to
Consumer Financial
card, visit the website of the Consumer
transfer account balances from other credit card accounts you may have
Financial Protection Bureau at http://
to the Account. We may, in our sole discretion, offer promotional plans for
Protection Bureau
such balance transfers.
www.consumerfinance.gov/learnmore.
You may use the Card to obtain cash advances through certain ATMs. You
will be given a Personal Identification Number (PIN) which must be used in
Fees
order to obtain an ATM cash advance.
o
Some limitations on ATM cash advances may apply, such as limita-
Annual Fee
None
tions on dollar amount, number, or currency denominations
o
You agree that any charges imposed by third parties for use of their
Transaction Fees
ATM facilities will be added to your Account balance as a cash ad-
Balance Transfer
The greater of $10 or 3% of
vance.
the amount of the balance
If you make a purchase or obtain a cash advance in a foreign currency,
it will be converted by MasterCard into U.S. dollars in accordance with
transfer.
MasterCard Operating Regulations in effect at the time the transaction is
Cash Advance
The greater of $5 or 3% of the
processed.
amount of the cash advance.
o
The currency conversion rate in effect on the processing date may dif-
Convenience Checks
The greater of $5 or 3% of the
fer from the rate in effect on the transaction date or the posting date.
amount of the convenience
o
The currency conversion rate used may be the same as, greater than, or
less than the amount that would be calculated by conversion through
check.
a financial institution in the country in which the purchase or cash
Foreign Transaction
3% of each transaction in U.S.
advance occurred.
dollars.
Making payments
Pay your Account by sending a check, money order, or cashier's check pay-
Penalty Fees
able in U.S. dollars, to the name and address shown on your Statement
Late Payment
Up to $35.00
specified for payments. Please don't send cash.
Returned Payment
Up to $35.00
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
correspondence with your payment.
If your payment doesn't meet these requirements, it may not be credited to
charges won't be imposed in any billing period in which (i) no Previous Bal-
your Account for up to five days, or may be rejected.
ance exists or (ii) payments received and credits issued by the Payment Due
All written communications concerning disputed amounts, including any
Date, equal or exceed the Previous Balance.
check or other payment instrument marked with "payment in full' or similar
If the New Balance shown on your last Statement isn't paid in full by the
language, must be sent to 6550 North Loop 1604 East, Suite 101, San
Payment Due Date shown on your last Statement, there will be an interest
Antonio, Texas 78247-5004.
charge on each purchase from the date of purchase.
o
We may accept a payment sent to any other address without losing any
If you make a purchase under any Waive Interest Credit Plan, we won't
of our rights.
charge interest on the purchase if you pay the total purchase amount be-
o
No payment shall operate as an accord and satisfaction without our
fore the end of the promotional period. If you don't pay the total purchase
prior written approval.
amount before the end of the promotional period, we'l add the remaining
B. Keeping your account in good standing
amount to your Regular Revolving balance. We'll also begin charging inter-
Avoiding default
est on the purchase from the first day after the promotional period ends.
You'll be in default under this Agreement if you:
If you make a purchase under any Defer Interest Promotional Credit Plan
Fail to make any payment when due
and don't pay the total amount before the end of the promotional period,
we'l add the remaining purchase amount and the amount of accrued inter-
Violate any provision of this Agreement
est to your Regular Revolving balance.
Pass away
If you make a purchase under a Low APR, Equal Payment Credit Plan,
Become the subject of bankruptcy or insolvency proceedings
Supply us with misleading, false, incomplete or incorrect information
interest will be assessed from the date of purchase through the end of the
promotional period.
Are unable or unwilling to perform the terms or conditions of this Agreement
How we calculate Interest Charges on your Account
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
We calculate interest separately for each Credit Plan, using a "Daily Balance"
affiliates
to determine interest charges for each billing period. Our calculation method is
as follows:
Become incompetent
Exceed your Credit Limit
We start with the beginning balance on your Account each day (including
Issue a payment returned unpaid by your bank for any reason
unpaid interest charges and fees).
If we consider your Account in default, we may suspend your ability to make
We subtract any payments or credit adjustments (treating any net credit
charges, close your Account, require you to pay the full amount you owe im-
balance as a zero balance) and add new transactions and debit adjustments
mediately or take any other action permitted by law. If applicable law requires
posted as of that day. This gives us the "Partial Daily Balance" for the day.
us to do so, we'll tell you in advance and/or give you the opportunity to remedy
We then multiply the Partial Daily Balance for the day by the Daily Periodic
your default.
Rate. This gives us the "Daily Interest Charge" for the day, which we add to
Reporting a lost or stolen card (as applicable)
the day's Partial Daily Balance.
If you notice the loss or theft of your credit card or a possible unauthorized use
We've now determined the "Daily Balance," which will be the beginning
of your card, you should write to us immediately at PO Box 183003, Columbus,
balance for the following day. This results in daily compounding of interest
charges.
Ohio 43218-3003 or call us at 1-866-284-2764 (TDD/TTY: 1-888-819-1918).
At the end of each billing period, we add together each Credit Plan's Daily
You will not be liable for any unauthorized use that occurs after you notify us.
Interest Charge, which gives us the total interest charge.
You may, however, be liable for unauthorized use that occurs before your notice
Your Statement will show a Balance Subject to Interest Rate, which is the
to us. In any case, your liability will not exceed $50.
sum of the Daily Balances for each day in the billing period divided by the
C. Learning more about your account
total number of days.
Credit Plans
Rates
Your Account may consist of a non-promotional ("Regular Revolving") Cred-
The Index in effect for each billing period will be the highest "Prime Rate'
it Plan and one or more promotional Credit Plans. Credit Plans offered and
of interest as published in the "Money Rates' section of The Wall Street
their particular features (including but not limited to minimum purchase
Journal for the calendar month preceding the month in which the billing pe-
requirements and minimum payment) may vary occasionally at our discre-
riod begins, rounded upward if necessary, to the nearest .001% ("Index").
tion and include one or more Regular Revolving or promotional Credit Plans.
Any variable APR may increase if the Index increases.
We may offer different promotional Credit Plans from time to time.
An increase or decrease in the APR will result in a corresponding increase
If a promotional Credit Plan is offered at the time you open your Account,
or decrease in the amount of interest and may increase the Total Minimum
this Agreement will include information about the terms for the Plan, by
Payment
use of an insert, attachment, or other written information provided as part
Other fees and charges
of this Agreement.
You agree to pay the following fees and charges:
Normal late fees, returned payment fees and all other provisions apply to
Late Fee: If you don't pay at least the Minimum Payment Due by the Pay-
any promotional Credit Plan, unless inconsistent with a particular Credit
ment Due Date, we will charge you a late fee.
Plan offering.
o
The fee is $25.00 if you were not charged a late fee during any of the
If the promotional Credit Plan purchase isn't paid in full before the promo-
prior six billing periods
tional period ends, the balance will be transferred to your Regular Revolving
o
Otherwise, the fee is $35.00.
balance.
o
This fee will never exceed the minimum payment due that was due
Promotional Credit Plans may include:
immediately prior to the date on which the fee was assessed.
0 Waive Interest, Payment Required o Defer Interest, Payment Required
Returned Payment Fee: We may charge you a fee for each payment that your
o Waive Interest, Equal Payment
o Defer Interest, Low Payment
bank doesn't honor for any reason.
o Waive Interest, Low Payment
o Low APR, Equal Payment
o
The fee is $25.00 if you were not charged a returned payment fee
o Defer Interest, Equal Payment
o Budget Payment
during any of the prior six billing periods
Skip-payment option
o
Otherwise, the fee is $35.00.
At our discretion, we may allow you to skip making the Minimum Payment.
o
This fee will never exceed the minimum payment due that was due
Finance Charges will be assessed during the skip-payment period, but a late
immediately prior to the date on which the fee was assessed.
fee won't be imposed. This will not be considered a waiver of any of the
Although we may decide to do so, we aren't required to attempt to collect a
rights granted by this Agreement.
payment more than once.
All other terms of your Account apply during the skip-payment period.
Document Fees: If we provide you with a copy of any Statement, sales draft
Credit limit
or similar document at your request (except in connection with billing error
Your Credit Limit is the total maximum amount we permit you to owe us at
inquiries or resolution), we may charge the Account the following fee(s),
any time.
subject to any limitations of applicable law:
o
You may not exceed any Credit Limit that we set for your Account.
Statement copy $6.00
If you do exceed your Credit Limit, we can still charge you for all transac-
0
Sales/Credit Draft copy $6.00
tions, interest and other charges without giving up any of our rights under
o
Check/Money Order copy $6.00
this Agreement.
Alternative Payment Method Fee: We may offer alternative payment meth-
We may change your Credit Limit at any time.
ods that allow you to make individual, expedited payments to your Account
Account cancellation
over the phone. If you choose to use this payment method, we may assess
You may cancel your Account. You're still obligated to pay the full amount
the current fee we charge for this service, subject to any limitations of ap-
plicable law. Currently, that fee is up to $15.00 but may change. We'll let
you owe us.
We may cancel your Account at any time, for any reason.
you know the current fee before you authorize any payment(s), and you can
We may refuse to authorize any transaction on your Account. We may also
withdraw your request if you don't want to pay the fee.
suspend your Account and your right to use your Card, including each Card
Cash Advance Fee: For any cash advance obtained in person from a finan-
you give to others.
cial institution or through an ATM, you will pay a transaction fee equal to
We may stop offering any Credit Plan at any time, for any reason.
the greater of $5 or 3% of the amount of the cash advance. You take a cash
advance if you use a convenience check: get money through an automated
Cancellation or suspension of your Account doesn't negate your obligation
to pay any amount you owe us.
teller machine (ATM); or get money through a financial institution.
Cancellation of your Account includes each Card you give to others.
Convenience Check Fee: For any convenience check written against your
Cards are issued with an expiration date. We have the right not to renew
Account, you will pay a transaction fee equal to the greater of $5 or 3% of
the amount of the convenience check.
your Account.
Minimum Payment
Balance Transfer Fee: For any balance transfer from another account, you
will pay a transaction fee equal to the greater of $10 or 3% of the amount
You can pay all of your Account balance at any time without
of the balance transfer.
penalty.
Foreign Transaction Fee: For any charge or cash advance outside the United
You must pay at least the Total Minimum Payment for each billing period by
States or in a foreign currency, you will pay a transaction fee equal to 3%
the Payment Due Date shown on your Statement.
of the U.S. dollar amount of the transaction. If a charge or cash advance
The Minimum Payment is the total of the minimum payments for the Regu-
is converted into U.S. dollars our network providers (Visa, MasterCard, and
lar Revolving and promotional Credit Plans plus any Past Due amounts.
Discover) will select either (1) a rate from the range of rates available in
The Total Minimum Payment won't be less than $25.00. If your Account
wholesale currency markets for the applicable central processing date,
balance is less than $25.00, you must pay the amount indicated on your
which may vary from the rate the network provider itself receives. or (2) a
Statement in full.
government-mandated rate in effect for the applicable central processing
The minimum payment for each Credit Plan is calculated as follows:
date.
o
The minimum payment for the Waive Interest, Payment Required and
Return Convenience Check Fee: For each convenience check written against
Defer Interest, Payment Required Credit Plans will be the greater of:
your Account which fails to clear and is returned unsatisfied, you will pay a
(a) $5.00 or
fee of up to $35.
(b) 3.5% (rounded up to the nearest $1.00) of the New Balance
Stop Payment Fee: For each convenience check written against your Ac-
shown on your Statement for that Credit Plan.
count on which you request us to stop payment, you will pay a fee of up to
0
The minimum payment for the Waive Interest, Equal Payment and
$35, regardless of whether we actually stop payment on the convenience
Defer Interest, Equal Payment Credit Plans will be the amount of the
check.
purchase divided by the number of months between the date of the
E. Other important information
purchase and the promotional period end date (minimum $5.00)
rounded up to the nearest $1.00.
Collection costs
o
The minimum payment for the Low APR, Equal Payment Credit Plan
To the extent not prohibited by applicable law, you agree to pay the reasonable
will be the amount of the purchase including the calculated interest
costs for collecting amounts due, including reasonable attorney's fees and court
charges that will be assessed from the date of purchase through the
costs incurred by us or another person or entity.
end of the promotional period divided by the number of months be-
Changes
tween the date of the purchase and the promotional period end date
We may add, change, or delete the terms of your Account. If required by appli-
(minimum $5.00) rounded up to the nearest $1.00.
cable law, we will give you advance written notice of the change(s) and a right to
0
The minimum payment for the Waive Interest, Low Payment and Defer
reject the change(s).
Interest, Low Payment Credit Plans will be the greater of:
Security Interest
(a) $5.00 or
You grant us a security interest in all goods you purchase through the use of the
(b) 1.0% (rounded up to the nearest $1.00) of the New Balance
Account now or at any time in the future and in all accessions to and proceeds of
shown on your Statement for that Credit Plan.
such goods. We waive any security interest we may have in your principal dwell-
Payment application
ing, to the extent that it would otherwise secure any obligation arising hereunder.
We reserve the right to apply payments equal to or less than the Total Mini-
Changes to your information
mum Payment however we see fit, which may result in balances subject to
You agree to notify us immediately of any changes to your name, mailing address,
lower interest rates being paid prior to other balances. This may also result
electronic mail address or telephone number(s).
in higher interest charges.
Governing Law
Any payment you make in excess of the required Total Minimum Payment
THIS AGREEMENT IS GOVERNED BY UTAH AND APPLICABLE FEDERAL LAW.
will be allocated to your Account as required by applicable law.
THIS IS THE LAW WE ARE SPEAKING OF WHEN WE REFER TO A TERM PER-
Excess payments received before a deferred interest promotion expires are
MITTED OR REQUIRED BY APPLICABLE LAW.
applied to the deferred interest promotional balance first in the last two
Transfer of Rights/Assignment
billing periods of the promotional period.
Your rights under this Agreement can't be transferred by you, by operation of law
D. Interest, fees and charges
or otherwise, but your obligations will be binding upon your estate or personal
Interest charges
representatives. We may transfer or assign your Account and/or this Agreement,
There is no period in which you can pay back a cash advance, any other
or any of our rights under this Agreement, to another person or entity at any time
transaction treated as a cash advance under this Agreement, or a balance
without prior notice to you or your consent.
transfer to avoid incurring a Finance Charge. For a cash advance using a
No Waiver of Rights
convenience check, the date of the advance is the date the convenience
We can delay enforcing our rights under this Agreement without losing them.
check is presented to us or our agent for payment. For all other cash ad-
Severability
vances, the date of the advance is the date you obtained the advance.
If any provision of this Agreement is in conflict with applicable law, that provision
If you make a purchase under a Regular Revolving Credit Plan, interest
will be considered to be modified to conform with applicable law.
Notice to New Jersey Residents
Your Rights If You Are Dissatisfied With Your Credit Card Purchases
All provisions of this agreement are valid, enforceable and applicable in New
If you are dissatisfied with the goods or services that you have purchased with
Jersey.
your credit card, and you have tried in good faith to correct the problem with the
F. Disputes and Reporting to Consumer Reporting Agencies
merchant, you may have the right not to pay the remaining amount due on the
purchase.
Credit Reports
To use this right, all of the following must be true:
You give us permission to investigate your credit record.
1. The purchase must have been made in your home state or within 100 miles
You agree that a credit report may be requested in connection with the
of your current mailing address, and the purchase price must have been more
processing of your credit application. A report may also be requested in
than $50. (Note: Neither of these are necessary if your purchase was based on
connection with a credit extension, credit limit request, Account renewal or
an advertisement we mailed to you, or if we own the company that sold you the
update, Account collection action, or dispute investigation. Upon request,
goods or services.)
we will tell you the name and address of any consumer reporting agency that
2. You must have used your credit card for the purchase. Purchases made with
furnished a report on you. You consent to the obtaining of such reports by
cash advances from an ATM or with a check that accesses your credit card ac-
signing or otherwise submitting an application or solicitation.
count do not qualify.
You understand that we may report negative information (such as, late pay-
3. You must not yet have fully paid for the purchase.
ments, missed payments, or other defaults) about your Account to con-
If all of the criteria above are met and you are still dissatisfied with the purchase,
sumer reporting agencies.
contact us in writing at:
You give us permission to provide information about your Account to con-
Comenity Capital Bank
sumer reporting agencies and other creditors, as well as to the retailer
PO Box 182620, Columbus, Ohio 43218-2620
whose name appears on your Card.
While we investigate, the same rules apply to the disputed amount as discussed
Credit report disputes
above. After we finish our investigation, we will tell you our decision. At that
If you believe the Account information we reported to a consumer reporting agen-
point, if we think you owe an amount and you do not pay, we may report you as
cy is inaccurate, you may submit a direct dispute to Comenity Capital Bank, PO
delinquent.
Box 182120, Columbus, Ohio 43218-2120.
G. Optional products
Your written dispute must provide sufficient information to identify the Account
and specify why the information is inaccurate:
Credit insurance (as applicable)
Account Information: Your name and Account number
Purchasing credit insurance is optional. If you do choose to carry credit insur-
Contact Information: Your address and telephone number
ance coverage, the premium charge will be added to your Account as a purchase
Disputed Information: Identify the Account information disputed and ex-
on the last day of each billing period. You can cancel your coverage at any time.
plain why you believe it is inaccurate
Account Assure Pro Debt cancellation (as applicable)
Supporting Documentation: If available, provide a copy of the section of
Purchasing Account Assure Pro is optional.
the credit report showing the Account information you are disputing
Your decision whether or not to purchase Account Assure Pro won't affect
We will investigate the disputed information and report the results to you within
your application for credit or the terms of any existing credit agreement you
30 days of receipt of the information needed for our investigation. If we find that
have with us.
the Account information we reported is inaccurate, we will promptly provide the
The monthly fee for Account Assure Pro is based on the outstanding month-
necessary correction to each consumer reporting agency to which we reported
ly balance on your Account each month and will be added to your State-
the information.
ment.
Your Billing Rights: Keep This Document For Future Use
We'll provide additional information before you're required to pay for Ac-
This notice tells you about your rights and our responsibilities under the Fair
count Assure Pro. This will include a copy of the terms and conditions
Credit Billing Act.
pertaining to Account Assure Pro.
What To Do If You Find A Mistake On Your Statement
You can cancel your Account Assure Pro at any time.
If you think there is an error on your statement, write to us at: Comenity Capital
There are eligibility requirements, conditions, and exclusions that could
Bank, PO Box 182620, Columbus, Ohio 43218-2620
prevent you from receiving benefits under Account Assure Pro.
In your letter, give us the following information:
Be sure to carefully read the Addendum for a full explanation of the terms
Account information: Your name and account number.
of Account Assure Pro.
Dollar amount: The dollar amount of the suspected error.
H. Communicating with us
Description of problem: If you think there is an error on your bill, describe
Communicating to you about your Account
what you believe is wrong and why you believe it is a mistake.
If we need to contact you to service your Account or to collect amounts you owe
You must contact us:
to us, you give direct consent to us, as well as servicers, agents, contractors and
Within 60 days after the error appeared on your statement.
collectors of your Account, to communicate with you in any way, such as calling,
At least 3 business days before an automated payment is scheduled, if you
texting, or electronic mail via:
want to stop payment on the amount you think is wrong.
1)
a cell, landline, or text number you provide, use to contact us, or at which
You must notify us of any potential errors in writing. You may call us, but if you
we believe we can reach you (even if it is not yours),
do we are not required to investigate any potential errors and you may have to
2)
any electronic mail address you provide to us or one of our merchants,
pay the amount in question.
3)
automated dialer systems and automatic telephone dialing systems,
What Will Happen After We Receive Your Letter
4)
pre-recorded or artificial voice messages and other forms of communica-
When we receive your letter, we must do two things:
tions.
1. Within 30 days of receiving your letter, we must tell you that we received your
You also agree that these communications aren't unsolicited for purposes of any
letter. We will also tell you if we have already corrected the error.
state or federal law, and you understand that this may result in additional mobile,
2.
Within 90 days of receiving your letter, we must either correct the error or
text message, or data charges.
explain to you why we believe the bill is correct.
Phone monitoring
While we investigate whether or not there has been an error:
We cannot try to collect the amount in question, or report you as delinquent
To provide you with high-quality service, phone communication with us is
monitored and/or recorded.
on that amount.
The charge in question may remain on your statement, and we may continue
You agree that we monitor and/or record any phone calls between you and
to charge you interest on that amount.
us.
While you do not have to pay the amount in question, you are responsible
Please inform all authorized cardholders of this provision, including anyone
for the remainder of your balance.
acting on your behalf or making payments on this Account.
For Wisconsin residents:
We can apply any unpaid amount against your credit limit.
After we finish our investigation, one of two things will happen:
If you are married, please contact us immediately upon receipt of this Agreement
If we made a mistake: You will not have to pay the amount in question or
at 1-866-284-2764 (TDD/TTY 1-888-819-1918 and provide us with the name
any interest or other fees related to that amount.
and address of your spouse. We are required to inform your spouse that we have
If we do not believe there was a mistake: You will have to pay the amount in
opened a credit account for you.
question, along with applicable interest and fees. We will send you a state-
For bankruptcy notifications:
ment of the amount you owe and the date payment is due. We may then
All bankruptcy notices and related correspondence to Comenity Capital Bank
report you as delinquent if you do not pay the amount we think you owe.
should be sent to the following address: Comenity Capital Bank, Bankruptcy
If you receive our explanation but still believe your bill is wrong, you must write
Department, PO Box 183043, Columbus, Ohio 43218-3043.
to us within 10 days telling us that you still refuse to pay. If you do so, we cannot
I. Arbitration and jury trial waiver
report you as delinquent without also reporting that you are questioning your bill.
A. Jury trial waiver
We must tell you the name of anyone to whom we reported you as delinquent,
TO THE EXTENT PERMITTED BY LAW, YOU AND WE WAIVE ANY RIGHT TO
and we must let those organizations know when the matter has been settled
TRIAL BY JURY IN THE EVENT OF A LAWSUIT ARISING OUT OF OR RELATED
between us.
TO THIS AGREEMENT. THIS JURY TRIAL WAIVER SHALL NOT AFFECT THE
If we do not follow all of the rules above, you do not have to pay the first $50 of
ARBITRATION PROVISION BELOW (INCLUDING THE JURY TRIAL WAIVER
the amount you question even if your bill is correct.
CONTAINED THEREIN). YOU AND WE EACH REPRESENT THAT THIS WAIVER
IS GIVEN KNOWINGLY, WILLINGLY AND VOLUNTARILY.
B. Notice and cure
administered, without the consent of all parties to the arbitration, by any Admin-
Prior to bringing a lawsuit or initiating an arbitration that asserts a claim aris-
istrator that has in place a formal or informal policy that is inconsistent with the
ing out of or related to this Agreement (as further defined below, a "Claim"),
Class Action Waiver.
the party asserting the Claim (the "Claimant") shall give the other party (the
6. Court and Jury Trials Prohibited; Other Limitations on Legal Rights: IF YOU
"Defendant") written notice of the Claim (a "Claim Notice") and a reasonable
OR WE ELECT TO ARBITRATE A CLAIM, YOU WILL NOT HAVE THE RIGHT TO
opportunity, not less than 30 days, to resolve the Claim. Any Claim Notice to you
PURSUE THAT CLAIM IN COURT OR HAVE A JURY DECIDE THE CLAIM. ALSO,
shall be sent in writing to the address we have in our records (or any updated
YOUR ABILITY TO OBTAIN INFORMATION FROM US IS MORE LIMITED IN AN
address you subsequently provide to us). Any Claim Notice to us shall be sent by
ARBITRATION THAN IN A LAWSUIT. OTHER RIGHTS THAT YOU WOULD HAVE
mail to Comenity Capital Bank, PO Box 182436, Columbus, Ohio 43218-2436
IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.
(or any updated address we subsequently provide). Any Claim Notice you send
7. Prohibition Against Certain Proceedings: IF YOU OR WE ELECT TO ARBI-
must provide your name, address and Account number. Any Claim Notice must
TRATE A CLAIM: (1) NEITHER YOU NOR WE MAY PARTICIPATE IN A CLASS
explain the nature of the Claim and the relief that is demanded. You may only
ACTION IN COURT OR IN CLASS-WIDE ARBITRATION, EITHER AS A PLAIN-
submit a Claim Notice on your own behalf and not on behalf of any other party.
TIFF, DEFENDANT OR CLASS MEMBER; (2) NEITHER YOU NOR WE MAY ACT
No third party, other than a lawyer you have personally retained, may submit a
AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN ARBITRATION; (3)
Claim Notice on your behalf. The Claimant must reasonably cooperate in provid-
CLAIMS BROUGHT BY OR AGAINST YOU MAY NOT BE JOINED OR CONSOLI-
ing any information about the Claim that the other party reasonably requests.
DATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER PERSON; AND
C. Arbitration provision
(4) THE ARBITRATOR SHALL HAVE NO POWER OR AUTHORITY TO CONDUCT
READ THIS ARBITRATION PROVISION CAREFULLY. IF YOU DO NOT REJECT
A CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ARBITRATION
THIS ARBITRATION PROVISION IN ACCORDANCE WITH PARAGRAPH C.1. BE-
OR MULTIPLE-PARTY ARBITRATION.
LOW, IT WILL BE PART OF THIS AGREEMENT AND WILL HAVE A SUBSTAN-
8. Location and Costs of Arbitration: Any arbitration hearing that you attend
TIAL IMPACT ON THE WAY YOU OR WE WILL RESOLVE ANY CLAIM WHICH
must take place at a location reasonably convenient to you. We will pay any and
YOU OR WE HAVE AGAINST EACH OTHER NOW OR IN THE FUTURE.
all fees of the Administrator and/or the arbitrator if applicable law requires us
1. Your Right to Reject: If you don't want this Arbitration Provision (and any
to, if you prevail in the arbitration or if we must bear such fees in order for this
prior arbitration agreement between you and us ("Prior Arbitration Agreement"))
Arbitration Provision to be enforced. If you demand an arbitration, we will pay
to
apply, you may reject it by mailing us a written rejection notice which gives the
your reasonable attorneys' and experts' fees if you prevail or if we must bear such
name of each Cardholder and contains a statement that you (both of you, if more
fees in order for this Arbitration Provision to be enforced. Also, we will bear any
than one) reject the Arbitration Provision of this Agreement. The rejection notice
fees if applicable law requires us to.
must be sent to us at Comenity Capital Bank, PO Box 182422, Columbus, Ohio
9. Governing Law: This Arbitration Provision involves interstate commerce and
43218-2422. A rejection notice is only effective if it is signed by you (all of you,
is governed by the Federal Arbitration Act, 9 U.S.C. 1-16 (the "FAA"), and
if more than one) and if we receive it within thirty (30) calendar days after the
not by any state arbitration law. The arbitrator must apply applicable substantive
date we first provide you with a credit card agreement or written notice providing
law consistent with the FAA and applicable statutes of limitations and claims of
you a right to reject this Arbitration Provision. Your rejection of this Arbitration
privilege recognized at law. The arbitrator may award any remedy provided by the
Provision will not affect any other provision of this Agreement or your ability to
substantive law that would apply if the action were pending in court (including,
obtain credit.
without limitation, punitive damages, which shall be governed by the Constitu-
2. Parties Subject to Arbitration: Solely as used in this Arbitration Provision
tional standards employed by the courts). At the timely request of either party,
(and not elsewhere in this Agreement), the terms "we," "us" and "our" mean (a)
the arbitrator must provide a brief written explanation of the basis for the award.
Comenity Capital Bank, any parent, subsidiary or affiliate of the Bank and the
10. Right to Discovery: In addition to the parties' rights to obtain discovery
employees, officers and directors of such companies (the "Bank Parties"); and
pursuant to the arbitration rules of the Administrator, either party may submit
(b) any other person or company that provides any services in connection with
a written request to the arbitrator to expand the scope of discovery normally al-
this Agreement if you assert a Claim against such other person or company at the
lowable under the arbitration rules of the Administrator. The arbitrator shall have
same time you assert a Claim against any Bank Party.
discretion to grant or deny that request.
3. Covered Claims: "Claim" means any claim, dispute or controversy between
11. Arbitration Result and Right of Appeal: Judgment upon the arbitrator's
you and us that in any way arises from or relates to this Agreement, the Account,
award may be entered by any court having jurisdiction. The arbitrator's decision
the issuance of any Card, any rewards program, any prior agreement or account.
is final and binding, except for any right of appeal provided by the FAA. However,
"Claim" includes disputes arising from actions or omissions prior to the date
if the amount of the Claim exceeds $50,000 or involves a request for injunctive
any Card was issued to you, including the advertising related to, application for
or declaratory relief that could foreseeably involve a cost or benefit to either party
or approval of the Account. "Claim" has the broadest possible meaning, and
exceeding $50,000, any party can, within 30 days after the entry of the award
includes initial claims, counterclaims, cross-claims and third-party claims. It
by the arbitrator, appeal the award to a three-arbitrator panel administered by the
includes disputes based upon contract, tort, consumer rights, fraud and other
Administrator. The panel shall reconsider anew any aspect of the initial award
intentional torts, constitution, statute, regulation, ordinance, common law and
requested by the appealing party. The decision of the panel shall be by majority
equity (including any claim for injunctive or declaratory relief). "Claim" does not
vote. Reference in this Arbitration Provision to "the arbitrator" shall mean the
include disputes about the validity, enforceability, coverage or scope of this Arbi-
panel if an appeal of the arbitrator's decision has been taken. The costs of such
tration Provision or any part thereof (including, without limitation, the prohibition
an appeal will be borne in accordance with Paragraph C.8. above.
against class proceedings, private attorney general proceedings and/or multiple
12. Rules of Interpretation: This Arbitration Provision shall survive the repay-
party proceedings described in Paragraph C.7 (the "Class Action Waiver"), the
ment of all amounts owed under this Agreement, the closing of the Account, any
last sentence of Paragraph .13 and/or this sentence); all such disputes are for
legal proceeding and any bankruptcy to the extent consistent with applicable
a court and not an arbitrator to decide. However, any dispute or argument that
bankruptcy law. In the event of a conflict or inconsistency between this Arbitra-
concerns the validity or enforceability of the Agreement as a whole is for the
tion Provision, on the one hand, and the applicable arbitration rules or the other
arbitrator, not a court, to decide.
provisions of this Agreement, on the other hand, this Arbitration Provision shall
4. Starting an Arbitration: Arbitration may be elected by any party with respect
govern. This Arbitration Provision replaces any Prior Arbitration Agreement.
to any Claim, even if that party has already initiated a lawsuit with respect to a
13. Severability: If any portion of this Arbitration Provision, other than the Class
different Claim. Arbitration is started by giving a written demand for arbitration
Action Waiver, is deemed invalid or unenforceable, the remaining portions shall
to the other party. We will not demand to arbitrate an individual Claim that you
nevertheless remain in force. If a determination is made that the Class Action
bring against us in small claims court or your state's equivalent court, if any. But
Waiver is unenforceable, only this sentence of the Arbitration Agreement will re-
if that Claim is transferred, removed or appealed to a different court, we then
main in force and the remaining provisions shall be null and void, provided that
have the right to demand arbitration.
the determination concerning the Class Action Waiver shall be subject to appeal.
5. Choosing the Administrator: "Administrator" means the American Arbitration
14. Special Payment: If (1) you submit a Claim Notice in accordance with
Association ("AAA"), 1633 Broadway, 10th Floor, New York, NY 10019, www.
Paragraph B above on your own behalf (and not on behalf of any other party);
adr.org; JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018, www.
(2) we refuse to provide you with the relief you request; and (3) an arbitrator
jamsadr.com; or any other company selected by mutual agreement of the par-
subsequently determines that you were entitled to such relief (or greater relief),
ties. If both AAA and JAMS cannot or will not serve and the parties are unable
the arbitrator shall award you at least $5,100 (plus any fees and costs to which
to select an Administrator by mutual consent, the Administrator will be selected
you are entitled).
by a court. The arbitrator will be appointed by the Administrator in accordance
with the rules of the Administrator. However, the arbitrator must be a retired or
comenity
Comenity Capital Bank, Salt Lake City, UT
former judge or a lawyer with at least 10 years of experience. You get to select the
Administrator if you give us written notice of your selection with your notice that
FRNCCA0314
you are electing to arbitrate any Claim or within 20 days after we give you notice
that we are electing to arbitrate any Claim (or, if you dispute our right to require
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
Pricing Addendum
Interest Rates and Interest Charges
Annual Percentage Rate
Prime rate plus
13.74% to 21.74%.
(APR) for Purchase
This APR will vary with the market based on the Prime Rate.
APR for Balance Transfers
Prime rate plus 23.74%.
and Cash Advances
This APR will vary with the market based on the Prime Rate.
Paying Interest
Your due date is at least 23 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