Ally CashBack 
Credit Card Agreement 

1.    INTRODUCTION.  Your  Ally  CashBack  Credit  Card  account  (“Account”)  is  subject  to  this  Credit  Card  Agreement, 
including the Interest Rate and Fee Schedule we send with your credit card(s) (“Card”) when we open an Account for you. 
This Credit Card Agreement, the Interest Rate and Fee Schedule and the application or solicitation you submitted for this 
Account  are  all  a  part  of  and  collectively  referred  to  as  the  “Agreement.”  Please  read  and  keep  this  Agreement  for  your 
records.  TD Bank, NA. issues and services the Ally CashBack Credit Card.  

You, your and yours mean each person who applied for the Account and the person to whom we direct billing statements 
(“Statements”).  We,  us,  our  and  TD  Bank  or  Bank  mean  TD  Bank,  N.A.,  a  national  bank  with  its  main  office  located  in 
Delaware and its successors and assigns. Authorized User means any other person to whom you give permission to use 
your Account.   

A. Account Use and Acceptance. By accepting your Card and using or maintaining your Account, or letting someone else 
use your Card or your Account, you agree to all of the terms of this Agreement. You acknowledge that you received a copy 
of  this  Agreement.  Your  signature  on  your  application  or  solicitation  for  this  Account,  including  without  limitation  any 
electronic signature or oral acceptance of a telephone offer, your Card or any  Account-related document represents your 
signature on this Agreement. 

You  agree  that  you  and  each  Authorized  User  will  not  use  your  Card  or  Account  for  any  unlawful  or  illegal 
purposes.  Such transactions include, but are not limited to, online gambling transactions, the purchase of lottery 
tickets or casino chips or off-track betting and wagering. We reserve the right to block all such transactions. If any 
such charge or transaction is approved and processed, you will still be liable for the charge.  

B. Promise to Pay. You promise to pay us for all Purchases, Balance Transfers and Cash Advances resulting from the use 
of your Card or Account, plus interest charges and all other fees and charges owed under this Agreement (including without 
limitation all Purchases and Cash Advances made by an Authorized User). 

2.  GOVERNING LAW. Applicable federal law and the substantive laws of the State of Delaware (to the extent not 
preempted  by  federal  law)  without  regard  to  principles  of  conflicts  of  law  or  choice  of  law  shall  govern  this 
Agreement. To the extent any court determines that this Agreement is subject to Maryland law concerning credit, 
you and TD Bank agree that your Account is governed by Title 12, Subtitle 9 of the Commercial Law Article of the 
Annotated Code of Maryland, except as preempted by federal law. 

3.  USING YOUR ACCOUNT 

A. Credit Limit.  

1. General. Your initial credit limit is shown in the materials we send with your Card when we open an Account for you. Your 
current  credit  limit  will  be  shown  on  each  Statement.  You  also  may  go  online  to  ally.com/ccservicing  or  call  Customer 
Service at 1-888-916-2559 for your current credit limit. You agree to not go over your credit limit. We may permit you to go 
over  your  credit  limit,  but  we are  not  required  to  do  so.  If your  Account  goes  over  your  credit  limit,  you  agree  to  pay the 
overlimit amount when it is billed or sooner upon our request. 

2. Limit for Cash Advances. We may set a credit limit for the total dollar amount of cash advances that may be outstanding 
from time to time that is lower than the overall credit limit for your Account.  

3. Changes to Credit Limit. In our discretion, at any time, we may change any credit limit that applies to your Account. We 
will notify you if we change any credit limit. You may ask us to change your credit limit by contacting Credit Card Servicing at 
P.O. Box 84037, Columbus, GA 31908-4037, by first class mail, postage prepaid, or by telephoning Customer Service at 1-
888-916-2559. We do not have to agree to any such request.   

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B. Types of Transactions. 

1.  Purchases.  You  may  use  your  Card  to  pay  for  the  purchase  or  lease  of  goods  or  services  wherever  your  Card  is 
honored. If you use your Card to purchase or lease goods or services by telephone, mail or internet, you agree that your 
signature is not necessary as identification in such cases.  

2. Cash Advances. You may use your Card to obtain cash advances wherever your Card is honored for cash advances. 
Cash Advances obtained from a financial institution, an automated teller machine, or any other party that agrees to honor 
the credit card for cash advance purposes, and all Convenience Checks (including Convenience Checks used to transfer 
balances)  posted  to  your  account  are  considered  Cash  Advances.  For  example,  your  Card  may  be  used  to  obtain  cash 
advances at ATMs displaying the VISA logo and from participating financial institutions honoring VISA credit cards. You may 
be required to sign a special form and/or provide your personal identification number (PIN). Please select a PIN that is not 
easily identifiable and does not consist of one  single number (for example, "1111") or consecutive numbers.  PINs should 
also not be based on or include your birth date, sip code or Account number. Do not write your PIN on your Card and do not 
keep your PIN with or near your Card or any Access Device.  See the Interest Rate and Fee Schedule on the card mailer for 
Cash  Advance  fee  details.  The  amount  of  the  Cash  Advance  transaction  fee  will  be  added  to  your  minimum  monthly 
payment and is due by the payment due date indicated on your monthly billing statement. 

3. Balance Transfers. We may allow you to transfer balances from other credit card accounts with third parties (but not us 
or our affiliates) to your Account. We may limit the number and types of credit card accounts from which we will allow you to 
transfer balances and the times, amounts, manner and circumstances in which Balance Transfers may be requested. The 
minimum Balance Transfer amount is $250 (plus the Balance Transfer Transaction Fee).  See the Interest Rate and Fee 
Schedule on the card mailer for Balance Transfer fee details.  

Introductory  or  Promotional  APRs  on  Balance  Transfers:  We  may  from  time  to  time  make  available  certain 
promotional Annual Percentages Rate (APRs) on balance transfer transactions. See section 4 – Interest Charges, 
subsection C for details on how to avoid paying interest if you take advantage of a 0% Introductory or Promotional 
Annual Percentage Rate (APR) Balance Transfer offer and then you use your Account to make new Purchases. 

4. Access Devices. We may from time to time issue additional Account access devices (“Access Devices”). Access Devices 
may include, for example, special checks you may use to obtain cash advances or oral offers or written forms by which you 
may  request  balance  transfers.  Each  Access  Device  must  be  in  the  form  we  issue  and  must  be  used  according  to  the 
instructions we give you. We may refuse to process Access Devices received after any applicable expiration date. We will 
not return paid Access Devices to you. Access Devices may not be used to pay any amount owed to us or our affiliates. We 
will  not  certify  any  Access  Device.  You  may  not  post-date  any  Access  Device.  We  may  refuse  to  process  a  post-dated 
Access Device or process it before the date on the Access Device. 

5.  Foreign  Transactions.  If  you  use  your  Account  to  make  a  purchase  or  cash  advance  in  a  foreign  currency,  the 
transaction will be converted to U.S. Dollars based on a rate selected by VISA U.S.A. Inc. (or any of its affiliates) from the 
range of rates available in wholesale currency markets for the applicable central processing date (which may vary from the 
rate VISA U.S.A. Inc. itself receives) or the government-mandated rate in effect for the applicable central processing date. 
The currency conversion rate used by VISA U.S.A. Inc. (or any of its affiliates) on the currency conversion date may differ 
from  the  exchange  rate  in  effect  on  the  day  you  made  the  transaction  or  on  the  day  the  transaction  is  posted  to  your 
Account. 

C. Stop Payment. If you want us to stop payment on an Access Device, notify Credit Card Servicing immediately at P.O. 
Box 84037, Columbus, GA 31908-4037, by first class mail, postage prepaid, or call us at 1-888-916-2559.  If you call, you 
must  confirm  your  request  in  writing  within  14  days.  A  written  stop  payment  request  will  remain  in  effect  for  six  months 
unless renewed in writing. Call or write us with your stop payment request as soon as possible after you have submitted the 
Access Device and give us information about the Access Device to help us identify it. 

If  you  ask  us  to  stop  payment,  we  will  make  reasonable  efforts  not  to  pay  that  Access  Device.  However,  if  we  pay  that 
Access Device despite these efforts, we will not be liable to you for paying that Access Device. We may not be able to stop 
payment if you call or write us after we have started processing the Access Device. A Stop Payment Fee may apply. 

D. Refusal to Honor Your Card or Access Device. A merchant, business or financial institution may refuse to honor your 
Card  or  Access  Device.  You  and  each  Authorized  User  agree  that  you  have  no  legal  claims  or  damages  against  us  or 
anyone else if your use of your Account is denied by any merchant, business or financial institution. 

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E. Statements. 

1. General. At the end of  each monthly billing cycle (“Billing Cycle”), if there was activity on your Account, we will send you 
a Statement showing what you owe  (the “New Balance”) as of the end of the Billing Cycle. The Statement will show any 
interest  charges  you  owe,  the  minimum  payment  due,  the  payment  due  date,  your  current  credit  limit,  an  itemized  list  of 
fees, charges, payments and credits posted to your Account during the Billing Cycle and other important information. We will 
mail or deliver the Statement to the address we have on file for your Account.  

2. Change of Address. You must notify us promptly of any change in your address by contacting Credit Card Servicing at 
P.O. Box 84037, Columbus, GA 31908-4037, by first class mail, postage prepaid, or by calling us at 1-888-916-2559.  You 
may also update your address online via ally.com/ccservicing. Until we receive process and verify your new address, we will 
continue to send Statements and other notices to the last address we have on file for your Account.  

F. Credit Balance. We will make a good faith effort to return to you any credit balance that has been on your Account longer 
than six consecutive Billing Cycles (or, in our discretion, for a shorter time period). You may also request a refund of a credit 
balance on your Account at any time by sending your request to Credit Card Servicing at P.O. Box 84037, Columbus, GA 
31908-4037,  by  first  class  mail,  postage  prepaid.  We  may  reduce  the  amount  of  any  credit  balance  on  your  Account  by 
applying the credit balance towards new fees and charges  posted to your Account. We  do not pay any interest on  credit 
balances.  

G. Payments. You may at any time pay off the full unpaid balance or part of the unpaid balance under this Agreement. 

1. Minimum Payment. If you have an outstanding balance, we must receive your minimum payment as set forth in section 2 
"Making Payments" below. The minimum payment will be the greater of: 

(i) 

(ii) 

$35, or  

One percent (1%) of the New Balance plus: 

(a) 

(b) 

(c) 

The periodic interest charges for the Billing Cycle; plus 

The full amount of any transaction fees (such as Cash Advance, Balance Transfer and 
Foreign Transaction Fees) owed for the Billing Cycle; plus 

The full amount of any Annual Membership Fee, Late Payment Fee or other applicable 
fees owed.  

In addition, any past due minimum payment amounts will be added to your current minimum payment due. 

If your New Balance is less than $35, your minimum payment will equal your New Balance.   

Credits, adjustments, refunds, prepayments and similar Account transactions may not be used in place of payment of any 
portion of a required minimum payment. You may pay more than the minimum payment due (this is a prepayment) without 
any penalty. The sooner you pay the New Balance, the less you will pay in interest charges. A prepayment in one Billing 
Cycle will not excuse you from paying the minimum payment due in the next Billing Cycle.  

2.  Making  Payments.  Payments may be made by mail, online, or over the phone.  All payments  must be in U.S. dollars 
and, if applicable, drawn on a U.S. bank. Business Day is defined as Monday through Friday, excluding federal holidays. 

a. By Mail. Send a check or money order to the payment address shown on your Statement with the payment stub 
from your Statement. Do not mail any cash payments. A properly addressed payment with the payment stub will be 
credited  to  your  Account  as  of  the  date  received  if  we  receive  it  by  5  p.m.  Eastern  Time  on  a  Business  Day.  A 
properly addressed payment with the payment stub received after 5 p.m. Eastern Time or on a day that is not a 
Business  Day will be credited  to your Account as of the next Business  Day.  You agree to not give us any post-
dated check as payment on your Account. If the payment due date falls on a day on which we do not receive or 
accept payments, the payment will not be treated as late if received the next Business Day.  

b.  Online.  You  may  pay  online  by  logging  into  ally.com/ccservicing.  A  payment  made  online  through 
ally.com/ccservicing will be credited to your Account as of the date received if we receive it by 5 p.m. Eastern Time 

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on a Business Day. Online payments received after 5 p.m. Eastern Time or on a day that is not a Business Day will 
be credited to your Account as of the next Business Day.  This section does not apply if you make your payment 
online using your online bill payment service.  For this section to apply your payment must be made through either 
ally.com/ccservicing or  

c. By Phone. You may pay by phone by calling 1-888-916-2559. A payment made by phone will be credited to your 
Account  as  of  the  date  received  if  we  receive  it  by  5  p.m.  Eastern  Time  on  a  Business  Day.  Phone  payments 
received after 5 p.m. Eastern Time or on a day that is not a Business Day will be credited to your Account as of the 
next Business Day.   From time to time, we  may allow you to expedite a single payment to your Account from a 
designated bank account of yours by telephone. 

d.  Delay  in  Crediting  and  Available  Credit.  We  may  reject  or  delay  crediting  payments  that  do  not  follow  the 
instructions  above.  For  example,  there  may  be  a  delay  of  up  to  five  days  in  crediting  a  payment  by  mail  if  it  is 
received at an address other than the address we specify for payments on your Statement or if it is received without 
the required payment stub. Your available credit limit(s) may not reflect the payment for up to 15 days after we have 
credited a payment to your Account.   

3. Application of Payments.  

a. Generally.  We will generally apply your minimum payment in the following order: 
(i) 
(ii) 

to Interest Charges and other fees; 
to transactions (Purchases, Balance Transfers, Cash Advances) with the lowest Daily Periodic Rates and 
corresponding APRs; 
to transactions with the highest Daily Periodic Rates and corresponding APRs. 

(iii) 

b. Application of Payments in Excess of Minimum Payment.  We will generally apply your payments and credits 
in excess of the minimum payment in the following order: 
(i) 

to transactions (Purchases, Balance Transfers, Cash Advances) with the highest Daily Periodic Rates and 
corresponding APRs; 
to transactions with the lowest Daily Periodic Rates and corresponding APRs.  

(ii) 

4. Payments Marked “Paid in Full”.  Any check, money order or other instrument sent in payment on your Account marked 
with “paid in full” or similar notation to settle a debt on your Account that is reasonably in dispute (and any accompanying 
letter  or  other  instructions)  must  be  sent  to  Credit  Card  Servicing  P.O.  Box  16027,  Lewiston,  ME    04243-9513.  If  such 
payment is sent to any other address, you agree that (i) we may ignore any special notations or instructions on or with the 
payment  and  (ii)  our  crediting  any  such  payment  to  your  Account  does  not  mean  that  we  have  agreed  to  any  special 
notations or instructions on or with the payment. 

5.  Automatic  Payments.  We  may  allow  you  to  repay  amounts  owed  under  this  Agreement  through  automatic  payments 
from a savings or checking account. We may terminate our permission to make automatic payments at any time. If we allow 
automatic payments, no automatic payment will occur unless the savings or checking account  
has sufficient collected funds in it on the Business Day before the payment due date to cover the full amount of the minimum 
payment due (or any larger monthly payment you and we may agree to from time to time). If an automatic payment does not 
occur for any reason, you still must pay the minimum payment and a Late Payment Fee may apply. 

If you have authorized us to pay your credit card bill automatically from your checking or savings account with us, you can 
stop the payment on any amount you think is wrong. To stop the payment, write to: Credit Card Servicing, P.O. Box 84037, 
Columbus, GA 31908-4037 or call 1-888-916-2559.  To stop the payment, your letter or telephone call must reach us three 
Business Days before the automatic payment is scheduled to occur.  

6.  Electronic  Check  Conversion.  When  you  send  a  check  as  payment,  you  authorize  us  either  to  use  information  from 
your check to make a one-time electronic fund transfer from your bank account or (at our option) to process the payment as 
a check transaction. When we use information from your check to make an electronic fund transfer, funds may be withdrawn 
from  your  bank  account  on  the  same  day  we  receive  your  payment,  and  you  will  not  receive  your  check  back  from  your 
financial institution. If we cannot process the electronic fund transfer, or if it is returned to us, you authorize us to reinitiate 
the  electronic  fund  transfer  from  your  bank  account.  Alternatively,  we  may  (at  our  option)  present  the  original  check,  a 
substitute  check,  draft  or  similar  negotiable  instrument  to  obtain  payment.  If  you  have  questions  about  electronic  check 
conversion, you may telephone us at 1-888-916-2559. 

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H. Additional Cards and Authorized Users. 

1.  Additional  Cards.  You  may  request  additional  Cards  and  permit  Authorized  Users  to  have  access  to  your  Card  or 
Account.  You  will  be  liable  for  all  Account  transactions  made  and  all  fees  incurred  by  those  Authorized  Users  (including 
without limitation interest charges). We may limit the total number of Cards and other Access Devices issued. 

2. Revoking Authorized User’s Authority. To revoke your permission for any person you previously authorized to use your 
Card or Account, notify Credit Card Servicing at P.O. Box 84037, Columbus, GA 31908-4037, by first class mail, postage 
prepaid,  or  call  us  at  1-888-916-2559.  We  reserve  the  right  not  to  discontinue  any  Authorized  User’s  ability  to  use  your 
Account until we have received the Authorized User’s Card and any unused Access Devices in the possession or control of 
the Authorized User (cut, torn, or otherwise deliberately damaged to prevent unauthorized use by third parties). You agree to 
send the Authorized User’s Card and any Access Devices to Credit Card Servicing, P.O. Box 84037, Columbus, GA 31908-
4037 upon our request. You will remain responsible for all Account transactions by Authorized Users until we discontinue the 
Authorized User’s authority to use your Account. 

If you ask us to revoke an Authorized User’s ability to use your Account, you agree that we will close the affected card(s) 
only to new transactions.  Your Account number will not change. If we do this, you must notify anyone you have authorized 
to submit and post charges to your Account using the affected card.   

I. Lost or Stolen Cards, Account Numbers or Access Devices. If any Card, Account number or Access Device is lost or 
stolen, or if you think someone used or may use them without your permission, notify us AT ONCE by  
calling 1-888-916-2559. You agree that we may close your Account to new transactions, change your Account number(s) 
and  issue  you  a  new  Card(s)  and  new  Access  Devices  with  different  Account  number(s)  if  we  have  been  notified  of  the 
possible  loss,  theft  or  unauthorized  use.  If  we  do  this,  you  must  notify  anyone  you  have  authorized  to  submit  and  post 
charges to your Account of your new Account number(s). Do not use your Card, Account number or Access Device after you 
notify us, even if your Card or other Access Device is later found or returned. 

Under VISA U.S.A.’s “Zero Liability Policy” you may not be liable for the unauthorized use of your Account or Card 
that results in a fraudulent transaction made over the VISA network. To be eligible, you must notify us immediately 
of any unauthorized use of your Account or Card. We will provisionally credit you for losses from the unauthorized 
Card use within five Business Days of your notification to us of the loss. The VISA Zero Liability Policy does not 
apply to transactions made at an ATM or to any transactions made using your PIN that are not processed by VISA. 
We  may  impose  greater  liability,  or withhold,  delay,  limit  or  rescind  any  provisional  credit  that we  provide  to  you 
under  the  Zero  Liability  Policy,  based  on  factors such as  your  gross  negligence  or  fraud,  your  delay in  reporting 
unauthorized  use,  our  investigation  and  verification  of  your  claim,  your  Account  standing  and  history  and  other 
factors. If you are not eligible for the VISA Zero Liability Policy or it otherwise does not apply, you may be liable for 
unauthorized use of your Account, but not for more than $50. You won’t be liable for any unauthorized use of your 
Account  that  occurs  after  you  notify  us  of  the  loss,  theft  or  possible  unauthorized  use  of  your  Card,  Account 
number  or Access  Device. We  may  require  you  to  provide  certain  information  in writing  to  help  us  find  out  what 
happened.  You  also  must  identify  for  us  any  charges  on  your  Statement  that  were  not  made  by  you  or  someone 
authorized by you and from which you received no benefit.  

4.  INTEREST CHARGES  

A.  Annual  Percentage  Rates.  Annual  Percentage  Rate  or  APR  means  the  annual  rate  of  interest  charged  on  Account 
balances.  The  APRs  and  corresponding  Daily  Periodic  Rates  for  your  Account  are  listed  in  the  Interest  Rate  and  Fee 
Schedule. To get the Daily Periodic Rate, we divide the APR by 365 and round at the seventh place after the decimal point. 
We  may  charge  different  Daily  Periodic  Rates  and  APRs  on  different  Account  transactions  (such  as  Purchases,  Cash 
Advances and Balance Transfers) or during special promotional periods.  

B. Variable Rates. Your APRs are subject to change each Billing Cycle and are determined each Billing Cycle by adding 
the Margins listed in the Interest Rate and Fee Schedule to the Index. The Index is the Prime Rate (U.S.) published in the 
Money Rates section of The Wall Street Journal. Your APRs may increase if the Index increases. If any APR increases, the 
amount of interest charged and your minimum payment may increase. Any change in the APRs will take effect on the first 
day of the month in which a change to the Index occurs. When a range of rates has been published on the day we calculate 
the APR, the highest of the rates will be used.  If this Index is no longer available we will select a new one. The maximum 
rate for any variable APR is the applicable Margin plus the Index. 

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C.  Introductory  or  Promotional  APR.  We  may  offer  you  an  introductory  or  promotional  APR  for  specific  Account 
transactions, such as balance transfers. Any introductory or promotional APR offer will be subject to the terms of the offer 
and  this  Agreement.  Upon  the  expiration  of  an  introductory  or  promotional  APR,  the  rate  will  return  to  the  rate  for  the 
specified type of transaction(s) as stated in this Agreement.  See Section 4 – Interest Charges, subsection D for details 
on how to avoid paying interest on new purchases if you take advantage of a 0% introductory or promotional APR 
Balance Transfer offer.  

D. When Interest Charges Begin. Your due date is at least 25 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 Billing Cycle.  We will begin charging 
interest on Cash Advances and Balance Transfers on the transaction date.  There is no time period in which you may repay 
a Cash Advance or Balance Transfer and avoid imposition of an interest charge. If you have a balance transfer balance on 
your  Account  that  is  subject  to  a  0%  introductory  or  promotional  APR  we  will  not  charge  you  interest  on  new  purchases 
during the term of the introductory or promotional offer if you pay by the payment due date of each Billing Cycle the amount 
that equals: (1) your Minimum Payment Due; plus (2) the total outstanding purchase balance; plus (3) the total outstanding 
cash  advance  balance;  plus  (4)  the  total  amount  of  outstanding  balance  transfer  balances  that  are not  subject  to  the 0% 
introductory or promotional APR; plus (5) plus any fees that had been assessed to the Account. 

E. Balance Calculation Method (Average Daily Balance Method (Including Current Transactions). In any Billing Cycle 
in which you owe interest, we will charge interest on your balances of Purchases, Balance Transfers and Cash Advances at 
the  applicable  Daily  Periodic  Rates.  We  figure  the  interest  charge  on  your  Account  by  applying  the  periodic  rate  to  the 
“average daily balance” of your Account. To get the “average daily balance”, we take the beginning balance of your Account 
each day, add any new transactions and fees and subtract any payments or credits. This gives us the daily balance. Then, 
we add up all the daily balances for the Billing Cycle and divide the total by the number of days in the Billing Cycle. This 
gives us the “average daily balance”. We compound (charge interest on) unpaid interest charges and unpaid fees. 

F. Minimum Interest Charge. If the total interest charges on your Account for a Billing Cycle are greater than zero but less 
than $1, the interest charge for that Billing Cycle will be $1.  

5. FEES. You agree to pay the fees described below whenever applicable.  

A. Annual Membership Fee. None 

B. Cash Advance and Balance Transfer Transaction Fees.  

1. Cash Advance and Balance Transfer Transaction Fees. We will charge a transaction fee on each cash advance and 
balance transfer you obtain in the amounts shown in the Interest Rate and Fee Schedule. 

2.    Foreign  Transaction  Fee.    If  your  Account  has  a  Foreign  Transaction  Fee,  we  may  impose  a  fee  equal  to  a  certain 
percentage of the U.S. Dollar amount of a foreign transaction as shown in the Interest Rate and Fee Schedule.   

C.  Late  Payment  Fee.  The  first  time  we  do  not  receive  a  required  minimum  payment  when  due,  we  may  charge  a  Late 
Payment  Fee  of  the  minimum  payment  due  or  $25,  whichever  is  less.    If  over  the  next  six  Billing  Cycles,  the  minimum 
payment is not received when due, we may charge a Late Payment Fee of the minimum payment due or $35, whichever is 
less.  

D. Other Fees. We may also charge the following fees, subject to any restrictions of applicable law. 

1. Copy Fees. We may charge you a fee of up to $7 for each copy of a Statement or sales draft you request or up to $5 for 
each  copy  of  a  payment  check  or  written  Access  Device  you  request.  However,  we  will  not  charge  you  for  copies  of 
documents that you request in connection with a billing error/inquiry you may assert against us under applicable law.  

2. Emergency Replacement Card Fee. If you request a replacement Card on an expedited basis (for example, to replace a 
lost or stolen Card), we may charge you an Emergency Replacement Card Fee of up to $25. 

3. Stop Payment Fee. If you ask us to stop payment on an Access Device, we may charge you a Stop Payment Fee of $39. 

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6.  DEFAULT 

A. Events of Default.  Subject to restrictions of applicable law, you will be in default and we will not be obligated to honor 
any attempted use of your Account (even if we do not give you advance notice) if any of the following events occurs: 

•  We do not receive any payment required by this Agreement when such payment is due. 
•  You exceed any credit limit. 
•  You are unwilling or unable to pay what you owe under this Agreement, for any reason.   
•  You die, become insolvent, file for bankruptcy or otherwise become the subject of a bankruptcy petition or filing. 
•  You give us false or misleading information at any time in connection with your Account. 
•  You send us more than one check or similar instrument that is returned to us unpaid or any automatic, electronic or 
other  payment  on  your  Account  cannot  be  processed  or  is  returned  unpaid,  for  any  reason,  within  the  last  six 
Billing Cycles. 

•  You breach or otherwise fail to comply with any term or condition of this Agreement. 
•  We have reason to suspect that you or any Authorized User may have engaged or participated in any unusual, 
suspicious,  fraudulent  or  illegal  activity  on  your  Account  or  any  other  account  or  loan  you  have  with  us  or  our 
affiliates. 

•  You do not give us any updating information about your finances, employment or any other information we may 

reasonably request, promptly after our request. 

B. Our Rights After Default. In the event of default, we may close your Account, require you to pay the unpaid balance in 
full or take any other action permitted by applicable law. 

C. Collection Costs. If we refer any past due amounts you owe under this Agreement to a collection agency or lawyer for 
collection, you agree to pay us our reasonable costs of collection, including without limitation collection agency fees, court 
costs and attorneys’ fees actually incurred by us, to the fullest extent permitted by applicable law. 

7. CLOSING YOUR ACCOUNT 

A.  We  May  Close  Your  Account.  Except  where  prohibited  by  applicable  law,  we  may  close  your  Account  to  new 
transactions at any time, for any reason and without prior notice.  

B. You May Ask Us to Close Your Account. You may ask us to close your Account to new transactions at any time by 
notifying Credit Card Servicing in writing at P.O. Box 84037, Columbus, GA 31908-4037, by first class mail, postage prepaid, 
or contacting us at1-888-916-2559. If you request to close your Account by phone, we may require a written notice from you.  

C.  After  Your  Account  is  Closed.  After  your  Account  is  closed,  you  still  must  pay  us  any  unpaid  amounts  under  this 
Agreement. We will not be liable to you for any consequences resulting from closing your Account. You agree to cut, tear or 
otherwise deliberately damage all Cards and unused Access Devices in your or any Authorized User’s possession or control 
to prevent unauthorized use by third parties and, upon our request, return such Cards or Access Devices to us at P.O. Box 
84037, Columbus, GA 31908-4037, by first class mail, postage prepaid. 

8. CHANGING THIS AGREEMENT. We may change this Agreement, including (for example) changing the addresses and 
telephone numbers you should use to contact us, changing fees, adding new fees, changing the Daily Periodic Rates and 
corresponding APRs or increasing your required minimum payment. We may change this Agreement based on economic or 
market conditions, our business strategies or for any other reason (including reasons unrelated to you or your Account). Any 
changes  we  make  to  this  Agreement  may  apply  to  new  transactions  and/or  then-existing  balances  as  described  in  any 
notice we are required to provide to you. We will notify you of changes to this Agreement as required by applicable law. We 
will mail any required written notice to the address we have on file for your Account. 

9. INFORMATION SHARING 

A. Credit Information. We may review your credit history by obtaining information from consumer reporting agencies and 
others. We may report information about your Account to credit bureaus. Late payments, missed payments or other defaults 
on your Account may be reflected in your credit report. We may report Account information on Authorized Users. 

B.  How  to  Dispute  Reports  Regarding  Your  Account.  If  you  think  the  information  we  furnished  to  consumer  reporting 
agencies  on  your  Account  is  not  accurate  please  write  to  us  at:  P.O.  Box  84037,  Columbus,  GA  31908-4037.  With  your 
letter, please provide us with: 

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•  Your name, address and telephone number;  
•  The Account number(s) for the Account(s) you are disputing;  
•  A description of the specific information you are disputing and an explanation of the basis for your dispute; and  
•  Copies  of  documents  that  support  your  dispute.  These  could  include  (but  are  not  limited  to):  a  copy  of  your 
consumer report showing the information that you are disputing, your Statements, a court order or (if applicable) a 
copy of a police report or fraud or identity theft affidavit. 

If you fail to provide us with the information listed above, we may be unable to investigate your dispute.  We will notify you of 
the results of our investigation within 30 days of receiving your dispute. A delay may be experienced if the dispute is not 
mailed to the address above. We may take up to 45 days to investigate your dispute if, after providing us with your initial 
notice of dispute, you provide us with additional information that is relevant to our investigation. If our investigation finds that 
the  information  you  are  disputing  was  inaccurate,  we  will  notify  the  consumer  reporting  agency  of  our  determination  and 
provide the consumer reporting agency with the information necessary to correct the inaccuracy.  

We will have no duty to investigate disputes that are substantially similar to a prior dispute that we have responded to, or 
that relate to your identifying information (such as your name, date of birth, Social Security number, telephone number or 
address),  inquiries  appearing  on  your  consumer  report,  information  from  public  records  (such  as  judgments,  liens,  or 
bankruptcies, unless these matters relate to your Account(s) with us), information related to fraud or active duty alerts on 
your report, or information provided to the consumer reporting agency from someone other than us. We will also have no 
duty to investigate your dispute if we reasonably believe it was submitted or prepared by (or if you submitted it on a form 
provided by) a credit repair organization. If we determine that we will not investigate your dispute for one of these (or some 
other) reasons we will notify you of that determination within five Business Days. 

C. Telephone Monitoring and Recording. You consent to and authorize us and any of our affiliates, agents and marketing 
associates to monitor and/or record any of your telephone conversations with any of our or their representatives for quality 
control, training and other lawful purposes. 

D.  Telephone  Numbers.  When you give us your mobile phone number, we have your permission to contact you at that 
number about all of your Ally CashBack Credit Card account.  Your consent allows us to use text messaging, artificial or pre-
recorded  voice  messages  and  automatic  dialing  technology  for  informational  and  account  service  calls,  but  not  for 
telemarketing  or  sales  calls.  It  may  include  contact  from  companies  working  on  our  behalf  to  service  your 
accounts.  Message and data rates may apply.  You may contact us anytime to change these preferences. 

E. Account Benefits. We may offer you certain third-party benefits and services with your Account, as outlined in benefits 
brochures or other documents and internet web sites. For example, certain eligible purchases charged with a VISA® Card 
may be eligible for certain benefits or services through VISA U.S.A. Inc. (or its affiliates). Any benefits or services we make 
available through third parties (including without limitation VISA U.S.A. Inc.) are not a part of this Agreement, but are subject 
to the terms and restrictions outlined in the applicable benefits brochures or other documents or internet web sites provided 
or made available to you from time to time. You agree that we may give information about you, any Authorized User, and 
your Account, to any third party reasonably needing the information to provide you with such benefits or services. You also 
agree that we or any third party providing any Account-related benefits or services may change, add, or delete benefits or 
services at any time without notice.  

10. MISCELLANEOUS 

A. Certain Waivers. You waive the right of “presentment” and “notice of dishonor.” “Presentment” means the right to require 
us  to  demand  payment  of  amounts  due  under  this  Agreement.  “Notice  of  dishonor”  means  the  right  to  require  us  to  give 
notice to other persons that amounts due under this Agreement have not been paid. You also waive demand for payment, 
protest, notice of protest and all other notices and demands, to the fullest extent permitted by applicable law. 

B. Assignment. We may assign your Account and our rights under this Agreement to our affiliates or to some other financial 
institution or company without advance notice to you. That entity will take our place in this Agreement if we do this. You may 
not assign or transfer your Account or any of your responsibilities under this Agreement to any other person. 

C. No Security. Your Account is unsecured. We are not taking a security interest in any property in connection with your 
Account.  

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D. Evidence. You agree that we may use a copy, microfilm, microfiche or digital image of any Statement or other document 
to prove what you owe us and that the copy, microfilm, microfiche or digital image will have the same validity as the original.  

E.  Captions  and  Interpretation.  The  captions  used  in  this  Agreement  are  for  convenience  only.  They  do  not  affect  the 
meaning of the paragraphs in this Agreement.  

F. Severability. If any part of this Agreement is held to be invalid, the rest will remain in effect. 

G. Delay in Enforcement/No Waiver. We may delay or waive enforcing any of our rights or remedies under this Agreement 
or under applicable law without losing any of those rights or remedies. Even if we do not enforce our rights or remedies at 
any one time, we may enforce them at a later time.  

H. Entire Agreement. The Agreement is the entire agreement between you and us relating to your Account. The Agreement 
replaces any other agreement relating to your Account that you and we made earlier or at the same time. In the event of a 
conflict  between  this  Personal  Credit  Card  Agreement  and  any  other  document  (including  the  other  documents  that  are 
collectively called the Agreement), this Personal Credit Card Agreement will control unless otherwise expressly provided in 
the other document. 

NJ  RESIDENTS:  Because  certain  provisions  of  this  Agreement  are  subject  to  applicable  laws,  they  may  be  void, 
unenforceable  or  inapplicable  in  some  jurisdictions.  None  of  these  provisions,  however,  is  void,  unenforceable  or 
inapplicable in New Jersey. 

Cardholder:    Your  name,  address  and  signature  (including  any  electronic  or  digital  signature)  and  the  date  on  any 
application  or  solicitation  or  on  any  sales  slip  or  other  evidence  of  indebtedness  on  your  Account  represents  your  name, 
address and signature and the date on this Agreement. 

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 bill, write to us at: 
Credit Card Servicing 
P.O. Box 84037 
Columbus, GA 31908-4037 
In your letter, give us the following information: 
•  Account information:  Your name and Account number. 
•  Dollar amount:  The dollar amount of the suspected error. 
•  Description of problem:  If you think there is an error on your bill, describe what you believe is wrong and why you 

believe it is a mistake. 

You must contact us: 
•  Within 60 days after the error appeared on your bill. 
•  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 the amount in question, or report you as delinquent on that amount. 
•  The charge in question may remain on your bill, and we may continue to charge you interest on that amount. 
•  While you do not have to pay the amount in question, you are responsible for the remainder of your balance.   
•  We can apply any unpaid amount against your credit limit. 
After we finish our investigation, one of two things will happen: 

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• 
amount. 
• 

If we made a mistake:  You will not have to pay the amount in question or any interest or other fees related to that 

If  we  do  not  believe  there  was  a  mistake:    You  will  have  to  pay  the  amount  in  question,  along  with  applicable 
interest and fees.  We will send you a statement of the amount 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 $50.00 of the amount you question even if your bill 
is correct. 

Your Rights If You Are Dissatisfied With Your Credit Card Purchases 

If you are dissatisfied with the goods or services that you have purchased with a credit 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: 
1.  The purchase must have been made in your home state or within 100 miles of your current mailing address,  

and  the  purchase  price  must have  been  more  than  $50.00.    (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 credit card for the purchase.  Purchases made with cash advances from an ATM or with a 

check that accesses your credit card account 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: 
Credit Card Servicing 
P.O. Box 84037 
Columbus, GA 31908-4037 

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. 

Active Duty Service Members and Dependents: The following important notice applies if you are an active duty service 
member or a dependent of one at the time you request an Account. Federal law provides important protections to members 
of the Armed Forces and their dependents relating to extensions of consumer credit. In general, the cost of consumer credit 
to a member of the Armed Forces and his or her dependent may not exceed an annual percentage rate of 36 percent. This 
rate must include, as applicable to the credit transaction or account: the costs associated with credit insurance premiums; 
fees  for  ancillary  products  sold  in  connection  with  the  credit  transaction;  any  application  fee  charged  (other  than  certain 
application  fees  for  specified  credit  transactions  or  accounts);  and  any  participation  fee  charged  (other  than  certain 
participation fees for a credit card account). If you would like more information regarding your account, please call us at 855-
634-1442. 

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The Interest Rate and Fee Schedule is incorporated into and made a part of your Personal Credit Card Agreement. 

Please read and keep this Schedule with your Agreement for your records. 

Interest Rate and Fee Schedule 

Interest Rates and Interest Charges 

Annual Percentage Rate 
(APR) 
for Purchases  
APR for Balance Transfers  

APR for Cash Advances  

How to Avoid Paying Interest 
on Purchases  

Minimum Interest Charge  

For Credit Card Tips from 
the Consumer Financial 
Protection Bureau  

Fees  
Annual Fee  
Transaction Fees  

• Balance Transfers  

• Cash Advances 

• Foreign Transactions 

Penalty Fees  

• Late Payment  

13.99%, 18.99% or 23.99%, based on your creditworthiness.   
      All APRs will vary with the market based on the Prime Rate.       
0% Introductory APR for the first 12 billing cycles after Account  
opening.  
      After that, your APR will be 13.99%, 18.99% or 23.99%  
      based on your creditworthiness.  
      All APRs will vary with the market based on the Prime Rate. 
24.24% 
      This APR will vary with the market based on the Prime Rate.  
Your due date is at least 25 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.  

If you are charged interest, the charge will be no less than $1.00. 
To learn more about factors to consider when applying for or using a credit 
card, visit the website of the  
Consumer Financial Protection Bureau at 
http://www.consumerfinance.gov/learnmore. 

None  

Either $5 or 3% of the amount of each transfer, whichever is greater. 
Either $10 or 5% of the amount of each cash advance, whichever is 
greater. 
3% of each transaction in U.S. dollars. 

  Up to $35  

How We Will Calculate Your Balance: We use a method called "Average Daily Balance (including Current Transactions)." See your 
account agreement for more details. 

Loss  of  Introductory  APR:    If  you  are  60  days  past  due,  we  may  end  your  introductory  APR  for  Balance  Transfers  and  apply  the 
standard APR for Balance Transfers as stated in the Interest Rates and Interest Charges Table, to all existing and new Balance Transfer 
balances on the Account. 

Billing  Rights:  Information  about  your  rights  to  dispute  transactions  and  how  to  exercise  those  rights  is  provided  in  your  account 
agreement. 

Ally Cash Back Margins:   

For Purchases, 9.74%, 14.74% or 19.74% will be added to the Index   
For Balance Transfers, 9.74%, 14.74% or 19.74% will be added to the Index 
For Cash Advances, 19.99% will be added to the Index 

The corresponding DAILY PERIODIC RATES as of July 25, 2017 are:  
                    For Purchases, 0.0383288%, 0.0520274% or 0.0657260% 

For Balance Transfers, 0.0383288%, 0.0520274% or 0.0657260% 
For Cash Advances, 0.0664110% 

Index:   

Prime Rate as of July 25, 2017 is 4.25%  

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