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.ccservicing.com  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.   

 F03-W533-5 

 
  
 
 
 
 
     
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
  
 
 
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. 

 F03-W533-5 

 
 
 
 
 
 
 
 
 
 
 
  
 
 
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 www.ally.ccservicing.com. 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) 

$35, or  

(ii) 

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 www.ally.ccservicing.com. A payment made online 

 F03-W533-5 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
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. 
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.   

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. 

 F03-W533-5 

 
  
 
 
 
 
 
 
 
 
 
 
  
 
 
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. 

 F03-W533-5 

 
 
 
 
 
 
 
 
 
 
  
 
 
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. 

 F03-W533-5 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
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. 

 F03-W533-5 

 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
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: 

•  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. 

 F03-W533-5 

 
    
 
 
 
 
 
 
 
 
  
 
 
C. No Security. Your Account is unsecured. We are not taking a security interest in any property in connection with your 
Account.  

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. 

 F03-W533-5 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
•  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: 
• 
amount. 
• 

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 we made a mistake:  You will not have to pay the amount in question or any interest or other fees related to that 

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.   

 F03-W533-5 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
              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  

13.74%, 18.74% or 23.74%, 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 13.74%, 18.74% or 23.74%  
      based on your creditworthiness.  
      All APRs will vary with the market based on the Prime Rate. 
23.99% 
      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 $10 or 4% 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 CashBack 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 April 21, 2017 are:  
                    For Purchases, 0.0376438%, 0.0513424% or 0.065041% 

For Balance Transfers, 0.0376438%, 0.0513424% or 0.065041% 
For Cash Advances, 0.065726% 

Index:     

Prime Rate as of April 21, 2017 is 4.00%  

 F03-W533-5