Charge Card Agreement
(May Not Be Available to Residents of All States)
This Agreement and the documents listed below govern the use of your charge card account with Compass Bank
("Account") and each Visa or MasterCard charge card issued to access the Account (a "Card"). These other
documents are part of this Agreement:
The application or solicitation ("Application") you signed or otherwise gave us to ask for the Account; and
The folder sent with each Card ("Card Folder").
Please read and keep these documents for your records.
1.
Parties and Addresses:
(a)
Bank: In this Agreement, "we", "us" and "our" refer to Compass Bank and anyone to whom we
give or sell your Account. Unless we tell you otherwise, our mailing address is: Compass Bank
Card Center, P.O. Box 2210, Decatur, Alabama 35699-0001.
(b)
You: "You" and "your" refer to each person (1) who applied for the Account, or (2) who agreed to
be responsible for the Account. We will send bills and other notices to the address you give us.
You promise to tell us right away if that address changes.
2.
Joint Accounts: If you have a joint Account, each of you may use the Account. We may ask any one of
you to pay any balance due. Any one of you may give us any notice under this Agreement. If you give us
different notices or make different requests, we may pick which one to honor without telling any of you.
We will not owe anything to you or anyone else because we picked one of your notices or requests.
3.
Promise to Pay: You promise to pay us for all transactions on your Account, including those by anyone
whom you allow to use the Account. You also promise to pay any fees and other amounts you owe us
under this Agreement. By keeping, using or permitting others to use the Account or any Card, you agree
to the terms of this Agreement.
4.
Governing Law: This Agreement and your Account will be governed by (1) federal law, and (2) to
the extent not preempted by federal law, the laws of Alabama, without regard to its conflicts of law
provisions. We accepted this Agreement in Alabama.
5.
Changing This Agreement: We may change this Agreement unless an applicable law says we may not.
We will tell you when changes will be effective and how they will apply to your Account. You may not
change this Agreement unless we agree in writing.
6.
Using Your Account: You may use your Account to make the following types of transactions:
(a)
Purchases: You may purchase or lease goods or services from any merchant that accepts your
Card or Account.
(b)
Cash Advances: You may obtain cash or other advances by using your Card or Account in any of
the following ways:
From us or any other financial institution or automated teller machine ("ATM") that
accepts your Card;
By purchasing items that can be traded right away for cash, such as wire transfers,
money orders, traveler's checks, lottery tickets or casino chips; or
By placing bets or wagers (if legal) or to make tax or other similar payments.
7.
Illegal and Online Gambling Transactions: You agree not to use your Account for any transaction that
is illegal where you live or where the transaction takes place. You must find out if a transaction is legal
before you make it. You also agree not to use your Account for any Internet or online gambling
transaction, even if it is legal. We may refuse to authorize any illegal, Internet or online gambling
transaction. If we do authorize the transaction, you agree to pay us for it unless an applicable law says
you may not.
8.
Credit Limits: We will tell you your starting credit limits on the Card Folder. Your billing statements also
will show your credit limits and available credit.
(a)
Separate Limits: We will give you a credit limit for your Account. We also may give you different
limits for different types of transactions. For example, we may tell you that you can only use part
of your credit limit for Cash Advances.
(b)
When Your Payments Increase Available Credit: We may delay increasing your available credit
for up to 10 days after you make a payment.
(c)
Going Over Your Credit Limits: This Agreement applies to all transactions and balances on your
Account, including any transaction that would cause the balance (including unpaid fees, unless
prohibited by law) on your Account (or any type of transactions on your Account) to go or stay
over the credit limit (an "Overlimit Transaction"). If the balance on your Account (or on any type of
transactions on your Account) goes over the credit limit, you must pay the amount that is over the
limit right away. We do not have to authorize any Overlimit Transaction. If we authorize any one
or more Overlimit Transactions, it does not mean that we must authorize any other Overlimit
Transaction.
(d)
Changes to Your Credit Limits: You may request a credit limit increase by calling us at 1-800-239-
5175, and we might agree to your request. We may change your credit limits at any time. For
example, we may (1) increase or decrease any of your credit limits, (2) add one or more separate
limits, or (3) cancel your available credit. We will tell you first or get your permission if an
applicable law requires us to. You still will have to pay all amounts you owe under this
Agreement.
9.
Billing Statements: We will send you a bill at the end of each monthly billing cycle if applicable law
requires. Read each bill as soon as you get it. Tell us right away if you see any error or problem. Your bill
will show important information about your Account, including:
The unpaid balance at the end of that billing cycle;
The amount of your next payment, which will be the full amount of that unpaid balance ("Payment
Due"); and
When your next payment is due ("Payment Due Date").
10.
Fees: You agree to pay the following fees, as applicable, which will be charged to your Account.
(a)
Annual Fee: An annual fee for keeping your Account open. If we will charge an annual fee on
your Account, the amount of this fee will be shown on the Card Folder. The fee will be charged to
your Account shortly after the time it is opened. For each year that your Account remains open,
the fee will be charged during the same month that it was initially charged.
(b)
Transaction Fees:
Cash Advance Fee: For each Cash Advance, a fee of $10 or 4% of the Cash Advance,
whichever is greater.
Foreign Transaction Fee: A fee of 3% of each transaction made (1) in a foreign currency,
(2) outside of the United States, or (3) with a foreign merchant, even if that transaction is
made in U.S. dollars. We may charge a Foreign Transaction Fee for each transaction
2
(including returns or refunds) at the time we add the transaction to your Account. The fee
will be based on the U.S. dollar amount Visa or MasterCard provided to us.
(c)
Penalty Fees: We will charge penalty fees in the amounts established by the Federal Reserve
Board, which currently are $25 and $35. The Federal Reserve Board may adjust these amounts
annually to reflect changes in the Consumer Price Index (CPI), and we may revise any of the
penalty fees below to reflect the CPI adjustments. We will not charge more than one penalty fee
for a single event or transaction that violates multiple terms of this Agreement.
Late Fee: A fee if we do not receive the full amount of the Payment Due by the tenth
(10th) day after the Payment Due Date (or the next business day if your Payment Due
Date falls on a Saturday, Sunday or holiday). For any late payment, this fee will be
determined as follows:
If you have had no late payment during any of the previous 6 billing cycles - the
fee will be the greater of $18 or 5% of the past due amount (not to exceed $25);
If you were late on any Payment Due during any of the previous 6 billing cycles -
the fee will be the greater of $18 or 5% of the past due amount (not to exceed
$35); or
If we have not received the full Payment Due on your Account for two or more
billing cycles in a row - the fee will be the greatest of the following:
*
$18,
*
5% of the past due amount (not to exceed $35), or
3% of the past due amount (not to exceed $100).
The late fee will never be more than the full amount of the Payment Due (as shown on
your billing statement) that was due immediately before the fee is assessed (rounded up
or down to the nearest dollar).
Returned Payment Fee: A fee if a check or similar instrument or any debit for payment on
your Account is returned unpaid for any reason. The amount of this fee will be $25 or the
full amount of the Payment Due that was due immediately before the payment was
returned (rounded up or down to the nearest dollar), whichever is less. We will charge
the fee even if the check or debit is later honored or paid.
(d)
Other Fees:
Expedited Delivery Fee: A fee if you request and we agree to arrange for expedited
delivery of any Card or Checks to you (for example, by an overnight delivery service). We
will disclose the amount of this fee at the time you request this service. If you then
confirm and we honor your request, we will charge the fee disclosed at the time of the
request.
Document Fees: The following fees for each copy of a sales slip or billing statement you
request:
For copies of sales slips: $5 for each item requested
For duplicate copies of billing statements:
$7 for each statement from the previous 12 months,
$17 for each statement more than 12 months but not more than 24 months old,
$27 for each statement more than 24 months but not more than 36 months old,
and
$37 for each statement more than 36 months old.
There will be no charge for any item you request in good faith in connection with the
resolution of any disputed billing matter.
3
Expedited Payment Fee: A fee of $15 if you request us to expedite payment on your
Account by debiting any deposit or other account you designate, and we honor your
request.
11.
Payment Due: For each billing cycle, the Payment Due will be the unpaid balance at the end of that
billing cycle. You cannot increase your available credit by paying more than the full amount then owed on
your Account.
12.
Making Payments: You must pay us in U.S. dollars. Mail your personal check or money order to the
address shown on your bill. Include the payment stub from your bill with your payment. Do not send cash.
If you do not follow these instructions, we might not credit the payment for up to five business days after
we get it.
(a)
Disputed Payments: If you dispute any amount we say you owe under this Agreement, you
must write to us at Compass Bank Card Center, P.O. Box 2101, Decatur, Alabama 35602-
2101. If you pay us with a check marked with "payment in full" or similar words, you must
send it to this address. Subject to any restrictions of applicable law: (1) the words
"payment in full" or similar words will have no effect; and (2) we can take disputed
payments without giving up any of our rights.
(b)
Paying at Branches, Online and By Telephone: If we let you pay at one of our branches, we will
credit the payment as of the day we get it. If we let you pay online or by phone, we will tell you
how to pay and when your payment will be credited.
(c)
Timing for Mailed Payments: If you mail a payment to the address shown on your bill, your
payment will not be considered late if we receive it by 5 p.m. Central Time on the Payment Due
Date (or the next business day if your Payment Due Date falls on a Saturday, Sunday or holiday).
13.
Special Offers: We may make a special offer to you. For example, we may offer a reduced fee. Such
offers may apply to all transactions on your Account, or only to some transactions. We will tell you what
terms of the special offer differ from the terms of this Agreement. Except as we tell you in a special offer,
the rest of this Agreement will still apply to your Account.
14.
Currency Conversion: Visa or MasterCard will convert the amount of any transaction you make in a
currency other than U.S. dollars into U.S. dollars. Visa or MasterCard will use its own currency conversion
procedures in effect at that time. Visa or MasterCard will pick an exchange rate on the processing date
using either (1) the range of rates available in wholesale currency markets (which rate may differ from the
rate Visa or MasterCard could get) or (2) the rate required by the government. The exchange rate used
may differ from the exchange rate on the date you made the transaction. If you make a return or get a
refund, the same procedures apply. The amount of any return or refund credit to your Account may be
slightly different from the amount of the original transaction because the exchange rate changes from day
to day.
15.
Default: If you do or fail to do certain things, you will be in default under this Agreement. If you are in
default, we have certain rights and you have certain duties under this Agreement. In deciding whether you
are in default and in using any of our rights, we will follow applicable law.
(a)
Events of Default: We may decide you are in default if you:
Fail to make a payment on this Agreement or any other agreement with us when due;
Go over your credit limit;
Make a payment that is not paid by your bank;
Fail to do anything this Agreement requires;
Do anything this Agreement prohibits;
4
File or have filed against you a bankruptcy petition;
Die, become legally incompetent or go to jail;
Give us false or incomplete credit information, false signatures or make any material
misrepresentation;
Lose your Card (including if it is stolen).
We also may decide you are in default if (1) we find you no longer qualify for any credit limit then
in effect on your Account, or (2) we believe in good faith that you will not be able to pay what you
owe for any other reason.
(b)
What Happens When You Are in Default: We may (1) suspend or terminate your credit privileges,
(2) close your Account, and/or (3) ask you to pay the full amount you owe right away We will tell
you first before doing these things if an applicable law requires us to. You still have to pay all
amounts you owe us.
16.
Collection Costs: We may charge you for costs we have to pay to collect what you owe after default.
These costs may include reasonable fees to attorneys who are not our paid employees. We will not
charge you for our collection costs if you owe us $300 or less or an applicable law says we may not.
17.
Closing Your Account:
(a)
We May Limit Use Of or Close Your Account: We may (1) temporarily take away your ability to
make transactions or otherwise use your Account, (2) delay reissuing your Card, or (3) close your
Account. We may do these things at any time, but will tell you first if an applicable law requires us
to. You must destroy all Cards if we tell you to. You still have to pay all amounts you owe us. If
you are not in default when your Account is closed, you may pay off the balance under the terms
of this Agreement that apply at that time. We can use all the rights and remedies we have under
this Agreement until all amounts are repaid. We will not owe anything to you or anyone else if we
do any of these things.
(b)
You May Close Your Account: You may close your Account at any time by telling us in writing.
You must destroy all Cards if we tell you to. You still have to pay all amounts you owe us. If you
are not in default when you close your Account, you may pay off any balance under the terms of
this Agreement that apply at that time.
18.
Information About You and Your Credit: You promise that the information you gave us to open your
Account is true. You also promise to tell us right away and to stop using the Account if (1) you plan to file
for bankruptcy, or (2) are otherwise unable to pay your debts. We may look again at your financial
condition and credit standing at any time and for any reason. We may get a current credit report or ask
you for current financial information or documents. For example, we may ask about your property and
debts. We also may ask for copies of your tax returns or verification of your employment and income. You
agree to let us do this and help with any investigation of your credit record. A negative credit report
reflecting on your credit record may be submitted to one or more credit reporting agencies if you fail to
fulfill your obligations under this Agreement.
19.
Inaccurate Information: Write to us at the address in Section 1(a) if you believe that (1) we have
information about you that is inaccurate or (2) we have reported or may report inaccurate information
about you to a credit reporting agency. Tell us exactly what information you believe is inaccurate.
20.
Liability For Unauthorized Use: If you notice the loss or theft of your Card or a possible unauthorized
use of your Card, you should write to us immediately at Compass Bank Card Center, P.O. Box 2210,
Decatur, Alabama 35699-0001, or call us at 1-800-239-5175. You will not be liable for any unauthorized
use that occurs after you notify us. You may, however, be liable for unauthorized use that occurs before
your notice to us. In any case, your liability will not exceed $50.
5
21.
Telephone Monitoring; Consent to Communication: To make sure our employees give accurate and
courteous customer service, sometimes your call may be monitored by a second employee and/or
recorded. You agree to this monitoring and recording. We may contact you using (1) any information or
phone numbers (including cell phone numbers) you provide to us on your Application or otherwise, and
(2) an automated telephone dialing system and/or artificial or prerecorded voice message, even if you are
charged for the call under your phone plan.
22.
We Do Not Give Up Our Rights by Not Using Them: Sometimes we might decide not to do something
we could do under this Agreement, like charging you a fee. Or, we might decide to do something less
than what we could do, like charging you a lower fee or wait a few days before charging a fee. If we do
this one or more times, this does not mean we have to do it again. We can do all the things this
Agreement allows in the future, even if we did something different one or more times in the past. We also
might decide, for example, to:
Accept late or partial payments;
Give you more time to make a Payment Due;
Reduce or not charge any fee you would otherwise owe;
Let one or more of you out of your promises under this Agreement without telling the others or
letting them out of their promises.
If we do any of these things, we will not lose any of our rights under this Agreement.
23.
Authorizing Transactions; Acceptance of Your Card: We may limit the number or dollar amount of
transactions on your Account. We do not have to authorize any transaction, even if you have credit
available. For example, we might not authorize a transaction if we need to verify your Account status. A
merchant does not have to accept your Card or Account. We will not owe anything to you or anyone else
if (1) we do not authorize a transaction, regardless of the reason, or (2) a merchant will not accept your
Card or Account. Also, we will not owe anything to you or anyone else for goods or services you bought
or leased using your Account.
24.
Assignment; Binding Effect; Severability: We may sell or give your Account, this Agreement and our
rights or duties under this Agreement to any other person or company. We can do this at any time without
telling you first or getting your permission. You may not sell or give your Account or any of your rights or
duties under this Agreement to any other person or company. This Agreement will be binding on your
heirs and legal representatives. This means they may have to pay if you die or become legally
incompetent. If a court with proper authority finds any part of this Agreement is not valid or cannot be
enforced, the other parts still will apply.
25.
Dispute Resolution:
(a)
This subsection (a) applies if you reside outside California.
Arbitration: Either you or we may ask to settle disputes by arbitration. Arbitration is a way of working out
disputes without going to court. If you or we ask for arbitration, we would all meet with a person called an
arbitrator. An arbitrator is like a referee or a judge. The arbitrator will listen to what you and we have to
say. The arbitrator will decide who is right. The arbitrator's decision is called an award. The party who
wins the award can take it to any court that could have heard the dispute and get an official judgment.
Please read the rest of this section carefully. It explains how arbitration works.
Some Legal Rights May Not Be Available in Arbitration: After any party asks for arbitration of a
dispute, neither you nor we can ask a court to hear that dispute. There will be no jury trial of that
dispute. You cannot be part of any class action relating to that dispute. The right to get
information from each other and other procedures may be more limited in arbitration than in
court. With a few limited exceptions, the arbitrator's award will be final and unchangeable. Other
rights that you or we would have in a court also may not be available in arbitration.
6
What Disputes Are Covered: Any dispute that arises from or relates to this Agreement, your
Account and any transaction involving the Account will be settled by arbitration unless it is
described below in "What Disputes Are Not Covered." This means that disputes about the
following are covered:
This Agreement, your Account or any transaction involving the Account;
Any advertisement, promotion or oral or written statement related to this Agreement or
your Account;
Any relationships that result from this Agreement (including, as far as applicable law will
allow, relationships with third parties who are not parties to this Agreement or this
arbitration provision);
The validity, interpretation, scope or enforceability of this Agreement (except for any
challenge to the enforceability of this Dispute Resolution section or any dispute about the
parts of this subsection (a) about class disputes); and
Whether it is too late to settle a dispute because of any statute of limitations, estoppel,
waiver, laches or similar legal rule.
It doesn't matter whether the dispute is based on contract, fraud, tort, intentional tort, statute,
regulation, constitution, common law, equity or otherwise. It also doesn't matter when the dispute
began (whether before this Agreement, now or in the future). This arbitration provision will
continue to apply after this Agreement ends and/or after you or we close the Account.
What Disputes Are Not Covered: This arbitration provision does not cover any dispute:
That you or we could take to a small claims court, which usually limits its cases based on
the amount of the claim; or
About the parts of this arbitration provision that prohibit class disputes.
No Class Disputes: You cannot join together in a dispute with anyone other than people who use
your Account. Even if other people have disputes similar to a dispute that you or we ask to
arbitrate, those people and their disputes cannot be part of any arbitration between you and us.
You cannot arbitrate any dispute on a class action, private attorney general or other
representative basis. Only a court, and not an arbitrator, may decide whether this provision
prohibiting class disputes can be enforced.
Who Will Arbitrate: The American Arbitration Association ("AAA") or JAMS ADR ("JAMS") may
arbitrate any dispute, or you and we may agree upon a different arbitrator. For more information
about arbitration, contact the AAA (www.adr.org or 1-800-778-7879) or JAMS (www.jamsadr.com
or 1-800-352-5267). If for any reason the AAA or JAMS is unable or unwilling to arbitrate, or you
and we cannot agree on an arbitrator, we will use another national or regional arbitration group.
The number of arbitrators will depend on the total dollar amount of all disputes by both you and
us. If the total is $250,000 or less, one arbitrator will hear the dispute(s). If the total is over
$250,000, three arbitrators will hear the dispute(s). Each arbitrator must be an active member in
good standing of the bar for any state in the continental United States, and either: (a) actively
engaged in the practice of law for at least 5 years or (b) a retired judge.
What Rules Apply: The arbitration of any dispute will be conducted according to the rules of the
arbitrator ("Rules"). If an arbitrator other than the AAA is chosen, the Rules of the AAA will be
applied to any circumstance that is not addressed by the Rules of the chosen arbitrator. If the
total of all disputes is $250,000 or less, we will use any expedited procedures in the Rules. If this
Agreement and the Rules say something different, we will follow this Agreement and not the
Rules.
7
How To Start Arbitration: Either you or we may start an arbitration by giving written notice to the
other party. At a minimum, this notice must describe the subject of the dispute and the result
requested in arbitration by the party giving the notice. If you ask us to arbitrate, you can choose
the AAA or JAMS, or suggest another national or regional arbitration group to arbitrate the
dispute. If we ask you to arbitrate, we will give you 10 days to choose the AAA or JAMS, or to
suggest another national or regional arbitration group. In either case, if you suggest an alternative
to the AAA and JAMS, we will work with you to determine if you and we can agree on a different
group or arbitrator. If you and we are unable to agree, the arbitration will be conducted by the
AAA or, if the AAA is not available, by a similar arbitration group. The party asking for arbitration
must file a notice with the arbitration group following the Rules in effect at that time.
When a Party May Ask for Arbitration: You or we may ask for arbitration before or after a lawsuit
has been filed. You or we must ask for arbitration within the statute of limitations that would apply
to the same dispute in court. If it is too late to resolve the dispute in court, it is also too late to
resolve it in arbitration.
What the Arbitrator(s) Must and May Not Do: Each arbitrator must:
Limit discovery to information that is directly relevant to the dispute and is not considered
confidential or otherwise protected from being made public. Discovery is the process by
which you and we ask each other for information about the dispute;
Make decisions and awards based on the evidence and applicable substantive law and
the rules of evidence used in federal courts;
Make decisions and awards only with respect to claims made by or against you
individually;
Give a brief written explanation of the basis for the award upon request of either party;
and
Make specific findings of fact and conclusions of law to support any award greater than
$25,000.
Not make any award that would require you and us to continue any relationship we may
have under this Agreement or otherwise.
Who Pays for Arbitration: There will be costs for arbitration. Contact the AAA or other arbitration
group to find out what the arbitration charges will be. You may have to pay some of the arbitration
charges unless this Agreement, an applicable law or the Rules say we must pay. If the total dollar
amount of all disputes is $50,000 or less, we will pay that portion of the arbitration filing fee that is
more than the cost of filing a lawsuit in the federal court where you live. You can ask us to pay
some or all of the other arbitration charges you have to pay, but we don't promise to do as you
ask. At the end of the arbitration, the arbitrator(s) will decide who has to pay for any arbitration
charges that are greater than those we agreed to pay. The arbitrator(s) also may order us to pay
some or all of your attorneys, expert and witness fees. Unless ordered otherwise by the
arbitrator(s), each of us must pay for its own attorneys, expert and witness fees, no matter who
wins.
Where Will Arbitration Take Place: Any arbitration will take place in the federal judicial district
near your home. Or, you and we could agree that arbitration will take place somewhere else.
What Law Applies: This arbitration provision is made pursuant to a transaction involving interstate
commerce. The Federal Arbitration Act will apply to the construction, interpretation and
enforceability of this arbitration provision despite any other choice of law provision in this
Agreement.
Other Rights and Remedies: Nothing in this arbitration provision will limit certain other rights you
or we may have. This means that you or we could, for example:
8
Get an injunction, which is a court order to stop someone from doing something; or
File an interpleader action, which is a type of lawsuit used to decide who owns property
that more than one person claims to own.
If you or we do any of these things or take part in any other court case, it does not affect your or
our rights under this arbitration provision.
What Happens If Part or All of This Arbitration Provision Cannot Be Enforced: Only a court and
not an arbitrator can determine if any part of this arbitration provision cannot be enforced. If a
court with proper jurisdiction says that any part of the "No Class Disputes" subsection above
(which prohibits arbitration of class disputes) cannot be enforced, then none of the arbitration
section in this Agreement will apply, and this section will be considered deleted from the
Agreement. If a court with proper jurisdiction says that any other part of this arbitration provision
cannot be enforced, then the rest of this arbitration subsection still will apply, including the "No
Class Disputes" subsection above.
Waiver Of Jury Trial: This provision limits your rights to a jury trial. You should review this
section carefully. If you and we have any dispute related to this Agreement, your Account, or any
transactions involving your Account and (i) neither you nor we seek to compel arbitration of the
dispute, or (ii) some or all of the arbitration section is unenforceable and the dispute will be
resolved in court, then you and we agree voluntarily and knowingly to waive any right each may
have to a jury trial to the fullest extent permitted by law.
Attorneys' Fees. In any action between you and us in court, the prevailing party will be entitled to
receive from the other party an amount equal to the reasonable attorneys' fees the prevailing party
incurred in bringing or defending the court action.
(b)
This subsection (b) applies if you reside in California.
Judicial Reference: Either you or we may ask to settle disputes by judicial reference under the
provisions of the California Civil Code, Sections 638-645.1, unless the dispute is part of a class action.
This judicial reference provision limits your ability to ask a court to hear a dispute and your right
to a jury trial. By agreeing to judicial reference, you and we waive, and shall not have, any right to
a jury trial. You should review this section carefully. It explains how judicial reference works.
Some Legal Rights May Not Be Available in Judicial Reference: Judicial reference is a proceeding
where disputes are decided by a judicial referee. The judicial referee will receive evidence at a hearing
and then issue a statement of decision upon which a judgment is based. You and we agree that the
referee will have the power to decide all issues of fact and law, to issue a statement of decision, and to
provide all legal and equitable relief appropriate based on the evidence provided at the hearing.
What Disputes Are Covered: Any dispute that arises from or relates to this Agreement, your
Account and any transaction involving the Account will be settled by judicial reference unless it is
described below in "What Disputes Are Not Covered." This means that disputes about the
following are covered:
This Agreement, your Account or any transaction involving the Account;
Any advertisement, promotion or oral or written statement related to this Agreement or
your Account;
Any relationships that result from this Agreement (including, as far as applicable law will
allow, relationships with third parties who are not parties to this Agreement or this judicial
reference provision);
9
The validity, interpretation, scope or enforceability of this Agreement (except for any
challenge to the enforceability of this Dispute Resolution section or any dispute about the
parts of this subsection (b) about class disputes); and
Whether it is too late to settle a dispute because of any statute of limitations, estoppel,
waiver, laches or similar legal rule.
It doesn't matter whether the dispute is based on contract, fraud, tort, intentional tort, statute,
regulation, constitution, common law, equity or otherwise. It also doesn't matter when the dispute
began (whether before this Agreement, now or in the future). This judicial reference provision will
continue to apply after this Agreement ends and/or after you or we close the Account.
What Disputes Are Not Covered: This judicial reference provision does not cover any dispute:
That you or we could take to a small claims court, which usually limits its cases based on
the amount of the claim; or
About the parts of this judicial reference provision that prohibit class disputes.
No Class Disputes: A claim by, or on behalf of, other persons will not be considered in, joined
with, or consolidated with, the judicial reference proceedings between you and us. Any such
claim will be resolved in a court of proper jurisdiction.
Who Will Serve as Referee: You and we agree that a single referee who is a retired California
state or federal court judge shall be appointed by the court under California Code of Civil
Procedure 640 and shall preside over the reference proceeding and decide all issues of fact and
law. If you and we are unable to agree upon a referee within 10 days of a written request for
judicial reference by any party, then any party may ask a court to appoint a referee under the
California Code of Civil Procedure, Sections 638 and 640, and may nominate up to three retired
state or federal court judges to serve as this referee.
How To Start a Judicial Reference Proceeding: Either you or we may start a judicial reference
proceeding by giving written notice to the other party. At a minimum, this notice must describe the
subject of the dispute and the result requested in the judicial reference proceeding by the party
giving the notice.
When a Party May Ask for Judicial Reference: You or we may ask for judicial reference before or
after a lawsuit has been filed. You or we must ask for judicial reference within the statute of
limitations that would apply to the same dispute in court. If it is too late to resolve the dispute in
court, it is also too late to resolve it in judicial reference.
What the Referee Must and May Not Do: The referee must:
Make decisions and awards based on the evidence and applicable substantive law and
the rules of evidence used in federal courts;
Make decisions and awards only with respect to claims made by or against you
individually;
Provide a statement of decision indicating how each dispute was decided, along with a
concise written explanation of the basis for the award. The referee's statement of
decision must contain written findings of fact and conclusions of law. The court shall enter
judgment thereon under California Code of Civil Procedure Sections 644(a) and 645.
After this judgment is entered, the decision of the referee shall then be appealable as if
made by the court.
Not make any award that would require you and us to continue any relationship we may
have under this Agreement or otherwise.
10
Other Rights and Remedies: Nothing in this judicial reference provision will limit certain other
rights you or we may have. This means that you or we could, for example:
Get an injunction, which is a court order to stop someone from doing something; or
File an interpleader action, which is a type of lawsuit used to decide who owns property
that more than one person claims to own.
If you or we do any of these things or take part in any other court case, it does not affect your or
our rights under this judicial reference provision.
What Happens If Part or All of This Judicial Reference Provision Cannot Be Enforced: If any
portion of this judicial reference provision is not enforced other than the "No Class Disputes"
section, the remaining portions of it will remain enforceable. This judicial reference provision shall
survive termination of this Agreement and the closing of your Account.
Attorneys' Fees. In any action between you and us, regardless of whether the action is in court or in
judicial reference, each party must pay its own attorney, expert, and witness fees, regardless of how the
dispute is resolved.
Maryland Residents: You have the right under Maryland Commercial Law Code Section 12-510 to receive an
answer to a written inquiry concerning the status of your Account. Finance charges will be imposed in amounts or
at rates not in excess of those permitted by law.
New Jersey Residents: Because certain provisions of this Agreement are subject to applicable law, they may be
void, unenforceable or inapplicable in some jurisdictions. None of these provisions, however, is void,
unenforceable or inapplicable in New Jersey.
NOTICE TO THE BUYER - DO NOT SIGN THIS CREDIT AGREEMENT BEFORE YOU READ IT OR IF IT
CONTAINS BLANK SPACES. YOU ARE ENTITLED TO A COPY OF THIS AGREEMENT. KEEP IT TO
PROTECT YOUR LEGAL RIGHTS.
Signatures:
You: Any handwritten, electronic or digital signature provided by you or any person whom you allow to use the
Account on any document in connection with opening or using your Account serves as your signature on this
Agreement.
Bank: We have signed this Agreement as follows:
/s/ A. Smith
A. Smith
Vice President
Compass Bank
Your Billing Rights: Keep This Document For Future Use
This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act.
What to Do If You Find a Mistake on Your Statement
If you think there is an error on your statement, write to us at the payment address shown on your bill.
In your letter, give us the following information:
Account information: Your name and account number.
Dollar amount: The dollar amount of the suspected error.
11
Description of problem: If you think there is an error on your bill, describe what you believe is wrong and why
you believe it is a mistake.
You must contact us:
Within 60 days after the error appeared on your statement.
At least 3 business days before an automated payment is scheduled, if you want to stop payment on the
amount you think is wrong.
You must notify us of any potential errors in writing. You may call us, but if you do we are not required to
investigate any potential errors and you may have to pay the amount in question.
What Will Happen After We Receive Your Letter
When we receive your letter, we must do two things:
1. Within 30 days of receiving your letter, we must tell you that we received your letter. We will also tell you if we
have already corrected the error.
2. Within 90 days of receiving your letter, we must either correct the error or explain to you why we believe the
bill is correct.
While we investigate whether or not there has been an error:
We cannot try to collect any amount in question, or report you as delinquent on that amount.
The charge in question may remain on your statement.
While you do not have to pay the amount in question, you are responsible for the remainder of your balance.
We can apply any unpaid amount against your credit limit.
After we finish our investigation, one of two things will happen:
If we made a mistake: You will not have to pay the amount in question or any fees related to that amount.
If
we do not believe there was a mistake: You will have to pay the amount in question, along with applicable
fees. We will send you a statement of the amount that you owe and the date payment is due. We may then
report you as delinquent if you do not pay the amount we think you owe.
If you receive our explanation but still believe your bill is wrong, you must write to us within 10 days telling us that
you still refuse to pay. If you do so, we cannot report you as delinquent without also reporting that you are
questioning your bill. We must tell you the name of anyone to whom we reported you as delinquent, and we must
let those organizations know when the matter has been settled between us.
If we do not follow all of the rules above, you do not have to pay the first $50 of the amount you question, even if
your bill is correct.
Your Rights If You Are Dissatisfied With Your Charge Card Purchases
If you are dissatisfied with the goods or services that you have purchased with your charge card, and you have
tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining
amount due on the purchase.
To use this right, all of the following must be true:
12
1. The purchase must have made in your home state or within 100 miles of your current mailing address, and
the purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase
was based on an advertisement we mailed to you, or if we own the company that sold you the goods or
services.)
2. You must have used your charge card for the purchase. Purchases made with cash advances from an ATM
do not qualify.
3. You must not yet have fully paid for the purchase.
If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at the
payment address shown on your bill.
While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our
investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay, we
may report you as delinquent.
13
BBVA Compass Visa Charge Card
Pricing Information as of March 30, 2012
These terms are accurate as of the date listed above, but may have changed after that date.
You can always find out the most current terms by contacting us at: Compass Bank, P.O. Box
2210, Decatur, AL 35699 or 1-800-239-5175.
Fees
Annual Fee
$0 or $30 depending on your credit worthiness
Transaction Fees
Cash Advance
Either $10 or 4% of the amount of each cash advance, whichever is greater
Foreign Transaction
3% of each transaction in U.S. dollars
Penalty Fees
Late Payment
Up to $35, but if you do not pay for two consecutive billing cycles, up
to $100
Returned Payment
Up to $25
Billing Rights: Information on your rights to dispute transactions and how to exercise those rights is provided in your account agreement.
BBVA Compass is a trade name of Compass Bank, a member of the BBVA Group.
14