FR833282333_MEN’S WEARHOUSE PERFECT FIT® CREDIT CARD 
T&C PLCC PDF 
12/12

GE CAPITAL RETAIL BANK  
SECTION I: RATES AND FEES TABLE 
MEN’S WEARHOUSE PERFECT FIT® CREDIT CARD 
ACCOUNT AGREEMENT

Interest Rates and Interest Charges

Annual Percentage Rate 
(APR) for Purchases

How to Avoid Paying Interest

The APR for purchases is the prime rate plus 22.74%.

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

Your due date is at least 23 days after the close of each billing cycle. We will not charge you 
any interest on purchases if you pay your entire balance by the due date each month. 

Minimum Interest Charge

If you are charged interest, the charge will be no less than $2.00.

Fees

Penalty Fees

•	Late Payment

Up to $35

How We Will Calculate Your Balance: We use a method called “daily balance”. See your credit card account agreement that 
follows for more details.

SECTION II: RATES, FEES AND PAYMENT INFORMATION 
MEN’S WEARHOUSE PERFECT FIT® CREDIT CARD ACCOUNT AGREEMENT

How Interest is Calculated

Your Interest Rate

The APR for purchases is the prime rate plus 22.74%. We use a daily rate to calculate the interest on the balance on 
your account each day. The daily rate for purchases is the APR times 1/365. As of September 1, 2012 the daily rate 
for purchases was .07121% (APR 25.99%). Interest will be imposed in amounts or at rates not in excess of those 
permitted by applicable law.

Daily Rates May Vary. The APR and the daily rate on your account vary with the market based on the prime rate. 
The prime rate for a billing cycle is the highest bank prime loan rate published in The Wall Street Journal in its Money 
Rates section on the last business day of the calendar month preceding the first day of the billing cycle.

If the prime rate increases, the daily rate and APR will increase. As a result, interest, your total minimum payment 
and the number of payments it would take you to pay off your account balance may increase. We apply any change 
in rates because of a prime rate change to your entire account balance. A change in the prime rate will take effect 
on the first day of the first billing cycle after the change. We may select a new interest rate index if the prime rate is 
not available. 

When We Charge Interest

We charge interest on your purchases from the date you make the purchase until you pay the purchase in full. See 
exceptions below.

•	We	will	not	charge	you	interest	during	a	billing	cycle	on	any	purchases	if:

1. You had no balance at the start of the billing cycle; OR

2.  You had a balance at the start of the billing cycle and you paid that balance in full by the due date in that billing 

cycle.

•		We	 will	 credit,	 as	 of	 the	 start	 of	 the	 billing	 cycle,	 any	 payment	 you	 make	 by	 the	 due	 date	 that	 we	 allocate	 to	

purchases	if:

1. You had no balance at the start of the previous billing cycle; OR

2.  You had a balance at the start of the previous billing cycle and you paid that balance in full by the due date in 

the previous billing cycle.

How We Calculate Interest

How Fees Work

Late Payment Fee 

We figure the interest charge on your account separately for each balance type. We do this by applying the daily rate 
to the daily balance for each day in the billing cycle. A separate daily balance is calculated for the following balance 
types,	as	applicable:	purchases	and	balances	subject	to	different	interest	rates,	plans	or	special	promotions.	See	
below for how this works.

1.  How  to  get  the  daily  balance.  We  take  the  starting  balance  each  day,  add  any  new  charges  and  fees,  and 
subtract  any  payments  or  credits.  This  gives  us  the  daily  balance.  Credit  insurance  premiums  and  debt 
cancellation fees, if any, are not included in the daily balance. Late payment fees are treated as new purchases.

2.  How to get the daily interest amount. We multiply each daily balance by the daily rate that applies.

3.  How to get the starting balance for the next day. We add the daily interest amount in step 2 to the daily balance 

from step 1.

4.  How to get the interest charge for the billing cycle. We add all the daily interest amounts that were charged 

during the billing cycle.

We  charge  a  minimum  of  $2.00  of  interest  in  any  billing  cycle  in  which  you  owe  interest.  This  charge  is  added 
proportionately to each balance type.

We will charge this fee if we do not receive the total minimum payment due on your account by 5 p.m. (ET) on the 
due	date.	This	fee	is	equal	to:

1.  $25, if you have paid your total minimum payment due by the due date in each of the prior six billing cycles.

OR

2.  $35, if you have failed to pay your total minimum payment due by the due date in any one or more of the prior 

six billing cycles.

The late payment fee will not be more than the total minimum payment that was due.

Minimum Payment Calculation
Your total minimum payment is calculated as follows.

The	greater	of:

1.  $25, or $35 (which includes any past due amounts) if you have failed to pay the total minimum payment due by the due date in any one or more of the prior six billing 

cycles.

OR

2.	The	sum	of:

a. Any past due amounts; PLUS
b. 1% of your new balance shown on your billing statement; PLUS
c. Any late payment fees charged in the current billing cycle; PLUS
d. All interest charged in the current billing cycle; PLUS
e. Any payment due in connection with a special promotional purchase with a unique payment calculation. 

We round up to the next highest whole dollar in figuring your total minimum payment. Your total minimum payment will never be more than your new balance.

Special Promotional Financing Offer Information 

At times, we may offer you special financing promotions for certain transactions (“special promotions”). The terms of this Agreement apply to any special promotions.  
However, any special promotional terms that are different than the terms in this Agreement will be explained on promotional advertising or other disclosures provided to 
you.	Below	is	a	description	of	certain	special	promotions	that	may	be	offered:		

•	 No Interest if Paid in Full Within 6 Months

•	 No Interest if Paid in Full 

Within 12 Months

•	No Interest if Paid in Full 

Within 18 Months  

For  each  promotion,  if  the  promotional  balance  is  not  paid  in  full  within  the  promotional  period,  interest  will 
be  imposed  from  the  date  of  purchase  at  the  variable  Purchase  APR  that  applies  to  your  account  when  the 
promotional purchase is made.

At the time your account is opened, the variable Purchase APR is 25.99%.

Your Purchase APR will vary with the market based on the prime rate. 

When you make a qualifying purchase under one of these promotions, no interest will be assessed on the purchase if you pay the following (the “promotional balance”) 
in	full	within	the	applicable	promotional	period:	(1)	the	promotional	purchase	amount,	and	(2)	any	related	optional	credit	insurance/debt	cancellation	charges.	If	you	do	
not, interest will be assessed on the promotional balance from the date of the purchase. Minimum monthly payments are required. Regular account terms apply to non-
promotional	purchases	and,	after	promotion	ends,	to	promotional	purchases.	Offers	are	subject	to	credit	approval.	These	promotional	offers	may	not	be	available	at	all	
times for all purchases. Please see any special promotion advertising or other disclosures provided to you for the full terms of any special promotion offered. 

SECTION III: STANDARD PROVISIONS  
MEN’S WEARHOUSE PERFECT FIT® CREDIT CARD ACCOUNT AGREEMENT

ABOUT THE CREDIT CARD ACCOUNT AGREEMENT

This Agreement. This is an Agreement between you and GE Capital Retail Bank, 170 Election Road, Suite 125, Draper, UT 84020, for your credit card account shown 
above. By opening or using your account, you agree to the terms of the entire Agreement. The entire Agreement includes the four sections of this document, the application 
you submitted in connection with the account. These documents replace any other agreement relating to your account that you or we made earlier or at the same time.

Parties To This Agreement. This Agreement applies to each accountholder approved on the account and each of you is responsible for paying the full amount due, 
no matter which one uses the account. We may treat each of you as one accountholder and may refer to each of you as “you” or “your”. GE Capital Retail Bank may be 
referred to as “we”, “us” or “our”.

Changes To This Agreement. We may change, add or delete terms of this Agreement, including interest rates, fees and charges.

Special Promotions. The terms of this Agreement apply to any special promotion. However, any special promotional terms that are different than the terms in this 
Agreement will be explained on promotional advertising or other disclosures provided to you.

HOW TO USE YOUR ACCOUNT/CARD

Use  Of  Your  Account.  You  may  use  your  account  only  for  lawful  personal,  family  or  household  purposes.  You  may  use  your  account  for  purchases  from   
Men’s Wearhouse locations, including on www.menswearhouse.com.

You Promise To Pay. You promise to pay us for all amounts owed to us under this Agreement. 

Your Responsibility. Each accountholder will receive a card. You may not allow anyone else to use your account. If you do, or if you ask us to send a card to someone 
else, you will be responsible for paying for all charges resulting from their transactions. 

Purchase Limits. To prevent fraud, we may limit the number or dollar amount of purchases you can make in any particular amount of time. We also may decline any 
particular charge on your account for any reason.

Credit Limit. You will be assigned a credit limit that we may increase or decrease from time to time. If we approve a purchase that makes you go over your credit limit, we 
do not give up any rights under this Agreement and we do not treat it as an increase in your credit limit.

HOW AND WHEN TO MAKE PAYMENTS

When Payments Are Due. You must pay at least the total minimum payment due on your account by 5 p.m. (ET) on the due date of each billing cycle. Payments received 
after 5 p.m. (ET) will be credited as of the next day. You may at any time pay, in whole or in part, the total unpaid balance without any additional charge for prepayment. If 
you	have	a	balance	subject	to	interest,	earlier	payment	may	reduce	the	amount	of	interest	you	will	pay.	We	may	delay	making	credit	available	on	your	account	in	the	amount	
of your payment even though we will credit your payment when we receive it.

Payment Options. You can pay by mail, online or at a Men’s Wearhouse store. We may allow you to make payments over the phone but we will charge you a fee to 
make expedited phone payments. Your payment must be made in U.S. dollars by physical or electronic check, money order or a similar instrument from a bank located 
in the United States.

How To Make A Payment. You must follow the instructions for making payments provided on your billing statement. If you do not, credit of your payment may be delayed 
up to five days. Your billing statement also explains how information on your check is used.

Payment Allocation. We will apply the required total minimum payment to balances on your account using any method we choose. Any payment you make in excess of 
the required total minimum payment will be applied to higher APR balances before lower APR balances. Applicable law may require or permit us to apply excess payments 
in a different manner in certain situations, such as when your account has a certain type of special promotion.

INFORMATION ABOUT YOU 

Using And Sharing Your Information. When you applied for an account, you gave us and Men’s Wearhouse, Inc. information about yourself that we could share with 
each other. Men’s Wearhouse, Inc. will use the information in connection with the credit program and for things like creating and updating its records and offering you special 
benefits. More information about how we use and share information is set forth in the privacy policy for your account. 

Address/Phone Change. You agree to tell us right away if you change your address or phone number(s). We will contact you at the address or phone number in our 
records until we update our records with your new address or phone number.

Consent To Communications. You consent to us contacting you using all channels of communication and for all purposes. We will use the contact information you 
provide to us. You also consent to us and any other owner or servicer of your account contacting you using any communication channel. This may include text messages, 
automatic telephone dialing systems and/or an artificial or prerecorded voice. This consent applies even if you are charged for the call under your phone plan. You are 
responsible for any charges that may be billed to you by your communications carriers when we contact you.

Telephone Monitoring. For quality control, you allow us to listen to and/or record telephone calls between you and us.

IMPORTANT INFORMATION ABOUT YOUR ACCOUNT 

Closing Your Account. You may close your account at any time by sending a letter to the address shown on your billing statement or calling customer service. We may 
close your account at any time, for any reason. If your account is closed, you must stop using it. You must still pay the full amount you owe and this Agreement will remain 
in effect until you do.

Collection Costs. If we ask an attorney who is not our salaried employee to collect your account, we may charge you our collection costs. These include court costs 
and reasonable attorneys’ fees.

Credit Bureau Reporting. We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may 
be shown in your credit report. Tell us if you think we reported wrong information about you to a credit bureau. Write to us at P.O. Box 965005, Orlando, FL 32896-5005. 
Tell us what information is wrong and why you think it is wrong. If you have a copy of the credit report that includes the wrong information, send us a copy. 

Default. You are in default if you make a late payment, do not follow any other term of this Agreement or become bankrupt or insolvent. If you default or upon your death, 
we may (a) request payment of the full amount due right away, (b) take legal action to collect the amounts owed, and/or (c) take any other action allowed. 

Disputed Amounts. The billing rights summary in section IV of this Agreement describes what to do if you think there is a mistake on your bill. If you 
send us correspondence about a disputed amount or payment, you must send it to the address for billing inquiries. We do not give up any rights under 
this Agreement if we accept a payment marked “payment in full” or given with any other conditions or limitations.

Unauthorized Use. If your card is lost, stolen or used without your consent, call us immediately at 1-800-400-3761. You will not be liable for unauthorized use on your 
account, but you will be responsible for all use by anyone you give your card to or allow to use your account.

IMPORTANT INFORMATION ABOUT THIS AGREEMENT 

Assignment. We may sell, assign or transfer any or all of our rights or duties under this Agreement or your account, including our rights to payments. We do not have to 
give you prior notice of such action. You may not sell, assign or transfer any of your rights or duties under this Agreement or your account.

Enforceability. If any part of this Agreement is found to be void or unenforceable, all other parts of this Agreement will still apply.

Governing Law. Except as provided in the Resolving a Dispute with Arbitration section, this Agreement and your account are governed by federal law and, to the extent 
state law applies, the laws of Utah without regard to its conflicts of law principles. This Agreement has been accepted by us in Utah.

Waiver. We may give up some of our rights under this Agreement. If we give up any of our rights in one situation, we do not give up the same right in another situation.

RESOLVING A DISPUTE WITH ARBITRATION 

PLEASE READ THIS SECTION CAREFULLY. IF YOU DO NOT REJECT IT, THIS SECTION WILL APPLY TO YOUR ACCOUNT, AND MOST DISPUTES 
BETWEEN YOU AND US WILL BE SUBJECT TO INDIVIDUAL ARBITRATION. THIS MEANS THAT: (1) NEITHER A COURT NOR A JURY WILL RESOLVE 
ANY SUCH DISPUTE; (2) YOU WILL NOT BE ABLE TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING; (3) LESS INFORMATION WILL 
BE AVAILABLE; AND (4) APPEAL RIGHTS WILL BE LIMITED.

•	 What claims are subject to arbitration

1.  If either you or we make a demand for arbitration, you and we must arbitrate any dispute or claim between you or any other user of your account, and us, our 

affiliates, agents and/or Men’s Wearhouse, Inc. if it relates to your account, except as noted below. 

2.  We	will	not	require	you	to	arbitrate:	(1)	any	individual	case	in	small	claims	court	or	your	state’s	equivalent	court,	so	long	as	it	remains	an	individual	case	in	that	
court; or (2) a case we file to collect money you owe us. However, if you respond to the collection lawsuit by claiming any wrongdoing, we may require you 
to arbitrate.

3.  Notwithstanding any other language in this section, only a court, not an arbitrator, will decide disputes about the validity, enforceability, coverage or scope of 
this section or any part thereof (including, without limitation, the next paragraph of this section and/or this sentence). However, any dispute or argument that 
concerns the validity or enforceability of the Agreement as a whole is for the arbitrator, not a court, to decide.

•	 No Class Actions

YOU  AGREE  NOT  TO  PARTICIPATE  IN  A  CLASS,  REPRESENTATIVE  OR  PRIVATE  ATTORNEY  GENERAL  ACTION  AGAINST  US  IN  COURT  OR 
ARBITRATION. ALSO, YOU MAY NOT BRING CLAIMS AGAINST US ON BEHALF OF ANY ACCOUNTHOLDER WHO IS NOT AN ACCOUNTHOLDER 
ON YOUR ACCOUNT, AND YOU AGREE THAT ONLY ACCOUNTHOLDERS ON YOUR ACCOUNT MAY BE JOINED IN A SINGLE ARBITRATION WITH 
ANY CLAIM YOU HAVE. 

If a court determines that this paragraph is not fully enforceable, only this sentence will remain in force and the remainder will be null and void, and the court’s 
determination	 shall	 be	 subject	 to	 appeal.	 This	 paragraph	 does	 not	 apply	 to	 any	 lawsuit	 or	 administrative	 proceeding	 filed	 against	 us	 by	 a	 state	 or	 federal	
government agency even when such agency is seeking relief on behalf of a class of borrowers, including you. This means that we will not have the right to compel 
arbitration of any claim brought by such an agency.

•	 How to start an arbitration, and the arbitration process

1.  The party who wants to arbitrate must notify the other party in writing. This notice can be given after the beginning of a lawsuit or in papers filed in the lawsuit. 
Otherwise,	 your	 notice	 must	 be	 sent	 to	 GE	 Capital	 Retail	 Bank,	 Legal	 Operation,	 P.O.	 Box	 29110,	 Shawnee	 Mission,	 KS	 66201,	 ATTN:	 ARBITRATION	
DEMAND.  The  party  seeking  arbitration  must  select  an  arbitration  administrator,  which  can  be  either  the  American  Arbitration  Association  (AAA),   
1633  Broadway,  10th  Floor,  New  York,  NY  10019,  www.adr.org,  (800)  778-7879,  or  JAMS,  620  Eighth  Avenue,  34th  Floor,  New  York,  NY  10018,   
www.jamsadr.com,	(800)	352-5267.	If	neither	administrator	is	able	or	willing	to	handle	the	dispute,	then	the	court	will	appoint	an	arbitrator.	

2.  If	a	party	files	a	lawsuit	in	court	asserting	claim(s)	that	are	subject	to	arbitration	and	the	other	party	files	a	motion	with	the	court	to	compel	arbitration,	which	is	

granted, it will be the responsibility of the party asserting the claim(s) to commence the arbitration proceeding.

3.  The arbitration administrator will appoint the arbitrator and will tell the parties what to do next. The arbitrator must be a lawyer with at least ten years of legal 
experience. Once appointed, the arbitrator must apply the same law and legal principles, consistent with the FAA, that would apply in court, but may use 
different procedural rules. If the administrator’s rules conflict with this Agreement, this Agreement will control.

4.  The arbitration will take place by phone or at a reasonably convenient location. If you ask us to, we will pay all the fees the administrator or arbitrator charges, 
as long as we believe you are acting in good faith. We will always pay arbitration costs, as well as your legal fees and costs, to the extent you prevail on claims 
you assert against us in an arbitration proceeding which you have commenced.

•	 Governing Law for Arbitration

This Arbitration section of your Agreement is governed by the Federal Arbitration Act (FAA). Utah law shall apply to the extent state law is relevant under the FAA. 
The	arbitrator’s	decision	will	be	final	and	binding,	except	for	any	appeal	right	under	the	FAA.	Any	court	with	jurisdiction	may	enter	judgment	upon	the	arbitrator’s	
award.

•	 How to reject this section

You may reject this Arbitration section of your Agreement. If you do that, only a court may be used to resolve any dispute or claim. To reject 
this  section,  you  must  send  us  a  notice  within  60  days  after  you  open  your  account  or  we  first  provided  you  with  your  right  to  reject  this 
section.  The  notice  must  include  your  name,  address  and  account  number,  and  must  be  mailed  to  GE  Capital  Retail  Bank,  P.O.  Box  965012,   
Orlando, FL 32896-5012. This is the only way you can reject this section.

SECTION IV: OTHER IMPORTANT INFORMATION OF 
MEN’S WEARHOUSE PERFECT FIT® CREDIT CARD ACCOUNT AGREEMENT

This section of the agreement includes state notices, billing rights summary and rewards terms (if applicable) and is not required to be provided as part 
of the credit card agreement posted online or provided to the CFPB.

FR833282333_MEN’S WEARHOUSE PERFECT FIT® CREDIT CARD 
T&C PLCC PDF 
12/12