Fees
the next section, Interest Charges will be imposed beginning the date a Purchase
Returned Payment Fee. If any check or other item tendered in payment of the
or Cash Advance is posted to your Account and will continue to accrue until
amount due on your Account is returned unpaid for any reason, you will be charged a
VISA CARDHOLDER AGREEMENT
Set-Up and Maintenance
Notice: The Annual Fee will be assessed before
payment is posted.
Returned Payment Fee. The fee will be the lesser of (a) $26.00 if you did not incur
Fees
you begin using your card and will reduce the
a Returned Payment Fee during any of the prior six billing periods; otherwise
THIS CARDHOLDER AGREEMENT CONTAINS AN ARBITRATION PROVISION.
amount of credit you initially have available.
How to Avoid Paying Interest Charges on New Purchases (Grace Period). If you
$37.00, or (b) your past due Total Minimum Payment Due amount.
UNLESS YOU ACT PROMPTLY TO REJECT THE ARBITRATION PROVISION, IT WILL
Based on your initial credit limit of $300.00,
paid the New Balance on your prior monthly billing statement by the due date
Notwithstanding the foregoing, the Returned Payment Fee for lowa residents
HAVE A SUBSTANTIAL EFFECT ON YOUR RIGHTS IN THE EVENT OF A DISPUTE,
your initial available credit will only be $225.00
shown on that billing statement, we will not impose any Interest Charges on new
shall not exceed $15.00.
INCLUDING YOUR RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION.
(only $196.00 if you choose to have an
Purchases, or any portion of a new Purchase, paid by the due date on your
additional card).
current monthly billing statement (which will be at least 21 days from the billing
Additional Card Fee. If you authorize us to issue an additional Card for your
This cardholder agreement ("Agreement") contains the terms and conditions
cycle closing date). New Purchases are Purchases that first appear on your
Account, an Additional Card Fee of $29.00 will be imposed annually for each
under which Mid America Bank & Trust Company has agreed to establish a Visa
You may still reject the plan, provided that you
current billing statement. Cash Advances are subject to Interest Charges from the
additional Card.
credit card Account ("Account") for you. The accompanying Pricing Disclosures
have not yet used the account or paid a fee
date the transaction is posted to your Account. Unlike Purchases, this means
are part of this Agreement. This Agreement contains our most current terms and
after receiving a billing statement. If you reject
there is no time in which you can pay the balance of Cash Advances in order to
Express Delivery Fee. We impose a $35.00 fee for the express delivery of your
supersedes any prior terms you may have received from us. Please read this
the plan, you are not responsible for any fees or
completely avoid Interest Charges on Cash Advances.
Card.
Agreement carefully and retain it for your future reference.
charges.
How We Calculate Interest Charges - Average Daily Balance Method (Including
Expedited Phone Pay Fee. Each time you contact us to arrange a payment by a
draft on your deposit account or by debit or credit card using an expedited service
Acceptance of Agreement. Use of the Card or Account by you or an Authorized
Processing Fee
$89.00 (one-time fee).
Current Transactions). Interest Charges on Purchases are calculated by applying
User shall constitute your agreement to the terms and conditions of this
the monthly periodic rate (shown below) to the average daily balance of
by a customer service representative; we will impose an Expedited Phone Pay Fee
Annual Fee
Purchases (including new Purchases) for each billing cycle. To calculate the
of $10.00. This fee will be charged to your Account and will be paid by adding the
Agreement. Whenever stated in this Agreement that we may take certain
$75.00 for first year
After that, $48.00 annually.
average daily balance of Purchases, we take the beginning balance of Purchases
amount of the fee to the amount of the draft. For purposes of this Agreement,
described action, this permits us to do so at our sole discretion.
each day, add any new Purchases (including Interest Charges and other Fees and
"expedited" means crediting a payment to your Account the same day or, if the
Effective Date of Agreement. Unless you are a resident of the State of New York,
Monthly Servicing
None for first year (introductory)
charges), and subtract any applicable payments and credits. This gives us the
payment is received after the payment cut-off time (5:00 pm CST), the next
this Agreement is effective upon the earlier of (1) the first Purchase made or Cash
business day.
Fee
After that, $75.00 annually ($6.25 per month).
daily balance. We add up all the daily balances for the billing cycle and divide by
Advance taken on your Account, and (2) the expiration of 30 days from the date
the number of days in the billing cycle to determine the average daily balance of
we deliver this Agreement to you if you do not provide us written notice of your
Copying Fee. If you request duplicates of any monthly billing statement or other
Purchases. Interest Charges on Cash Advances are calculated by applying the
desire to cancel within this 30 days. If you are a resident of the State of New York,
document, a copying charge of $3.00 per page may be imposed, unless the
Additional Card
$29.00 annually (if applicable).
monthly periodic rate (shown below) to the average daily balance of Cash
this Agreement is not effective until the first Purchase made or Cash Advance
request is made in connection with a bona fide billing error dispute.
Fee
Advances (including new Cash Advances). To get the average daily balance of
taken on your Account. In all cases, if any Fees are required to be paid prior to
Transaction Fees
Cash Advances, we use the same calculation method that we use for Purchases.
opening your Account, this Agreement will not be effective and your Account will
Defined Terms
not be opened until such Fees are paid in full. You are not obligated to pay any
Cash Advance Fee
Either $5.00 or 5% of the amount of
Monthly Periodic Rate and Corresponding ANNUAL PERCENTAGE RATE (APR).
Fees or Interest Charges (other than any Fees required to be paid prior to opening
each cash advance, whichever is
Interest Charges for Purchases and Cash Advances are calculated at a monthly
your Account) until this Agreement is effective.
"You" and "your" mean each person who applied for the Account, each person to
periodic rate of 2.4992%, which is a corresponding ANNUAL PERCENTAGE RATE
greater.
whom Mid America Bank & Trust Company issues a Card.
PRICING DISCLOSURES
(APR) of 29.99%. We calculate the monthly periodic rate by dividing the APR by
12.
Penalty Fees
"We," "us," "our," means Mid America Bank & Trust Company, Dixon, Missouri,
These Pricing Disclosures are part of the Cardholder Agreement.
and our agents, authorized representatives, successors, and assignees or other
Minimum Interest Charge. In any month in which an Interest Charge is due, if
Late Payment Fee
Up to $37.00. (lowa $15.00 Fee)
holders of this Agreement or your Account.
Interest Rates and Interest Charges
that Interest Charge is less than $.50, we may charge you a minimum Interest
Charge of $.50. Notwithstanding the foregoing, during the first 12 months your
"Authorized User" means anyone who uses a Card or your Account with your
Returned Payment Fee
Up to $37.00. (lowa $15.00 Fee)
Annual Percentage
29.99%
Account is open, any Interest Charges assessed on your Account will be equal to
consent.
Rate (APR) for
the actual accrued interest.
Purchases
"Card" means any Visa credit card issued in connection with your Account,
APR for Cash
29.99%
How We Will Calculate Your Balance: We use a method called "Average Daily
Fees:
including all renewals and substitutions. It also means any other access device for
Advances
Balance (including new purchases)." See your cardholder agreement for more
your Account we give you that allows you to obtain credit, including any Account
details.
Annual Fee. Your Account will be assessed an Annual Fee of $75.00 when your
number.
Account is opened and $48.00 every twelve months thereafter whether or not
Billing Rights: Information on your rights to dispute transactions and how to
you use your Account. The Annual Fee is non-refundable except as provided in
Paying Interest
Your due date will be a minimum of 21 days after the
exercise those rights is included in the cardholder agreement and on the back of
"Cash Advance" means each of the following transactions: (a) a transaction
Section below entitled "Refund Disclosure". Your payment of the Annual Fee does
close of each billing cycle. We will not charge
your monthly billing statement.
drawing upon your Account using your Card and PIN (described below) at an ATM
not affect our right to close your Account. The Annual Fee will not be billed to
that bears the Visa logo; (b) a transaction at any participating Visa financial
interest on new purchases if you pay your entire
your Account after your Account is closed. The Annual Fee will be pro-rated
institution drawing upon your Account; (c) an electronic or other transfer of funds
balance by the due date each month. We will begin
Additional Information Regarding Processing Fee
based on when the Account is reopened and the Card is re-issued.
initiated by us, at your request (i.e., we sign the check as the drawer), drawing
charging interest on cash advances on the
upon your Account; (d) use of a check provided by us (i.e., you sign the check as
transaction date.
Monthly Servicing Fee. Your Account will not be charged a Monthly Servicing
We require a one-time up front Processing Fee of $89.00 to be paid in full before
the drawer) drawing upon your Account; (e) a transaction and the fees associated
Fee for the first year (introductory) following Account opening. Each month
your Account is opened. Once we have received and processed your payment of
with using your Card to purchase cash equivalents, including wire transfers,
Minimum Interest
If you are charged interest, the charge will be no less
thereafter, your Account will be charged a Monthly Servicing Fee of $6.25 per
Charge
than $0.50.
the Processing Fee, your Account will be opened and you may activate and begin
money orders, and travelers' checks; and (f) any other method of obtaining a cash
month ($75.00 annually). This fee will be billed until your Account is closed
using your Card. Refer to the Section entitled "Refund Disclosure" for additional
loan.
and the balance is $20.00 or less.
information.
Cash Advance Fee. In addition to the periodic Interest Charge we assess on
"Fees" means charges imposed on your Account as described in this Agreement
Credit Card Tips from
To learn more about factors to consider when
that are not based on an Annual Percentage Rate.
Additional Information Regarding Interest Charges and Other Fees
Cash Advances, each time you obtain a Cash Advance, we will impose a
the Consumer
applying for or using a credit card, visit the website of
transaction fee of $5.00 or 5% of the amount of each Cash Advance, whichever
"Interest Charges" means any charges to your Account based on the application
Financial Protection
the Consumer Financial Protection Bureau at
is greater.
Bureau
http://www.consumerfinance.gov/learnmore.
Your Account is subject to the following Interest Charges and Fees, each of which
of an Annual Percentage Rate.
will be charged to your Account as a Purchase for the purpose of calculating
Late Payment Fee. If we do not receive payment from you in at least the amount
Interest Charges:
of your Total Minimum Payment Due by the due date shown on your monthly
"New Balance" means the outstanding balance of your Account at the end of any
billing cycle.
billing statement, you will be charged a Late Payment Fee. The fee will be the
Interest Charges:
lesser of (a) $26.00 if you did not incur a Late Payment Fee during any of the prior
"Purchase" includes (a) a transaction using your Card to purchase or lease goods
six billing periods; otherwise $37.00, or (b) your past due Total Minimum Payment
Paying Interest Charges. You agree to pay us Interest Charges on your Account as
or services from one who honors the Card; (b) any other Account related Fees;
Due amount. Notwithstanding the foregoing, the Late Payment Fee for lowa
described herein. Subject to any grace period for new Purchases as described in
and (c) any other transaction that is not otherwise a Cash Advance.
M-98859
residents shall not exceed $15.00.
Other important words used in this Agreement begin with capital letters. They are
any resulting increase in the credit limit. We reserve the right to decline your
Transactions Made in Foreign Currencies. Although charges outside the United States
Agreement. You agree that we need not examine any payment check to confirm
defined throughout this Agreement.
request for a credit limit increase in our sole discretion.
or in a foreign currency are not allowed, if you make a charge in a foreign currency,
that it is not postdated, and that we may deposit any postdated check for
the exchange rate for the transaction will be either (a) a rate selected by Visa from the
payment to us on the day we receive it. Satisfaction of a debt for less than the full
Using Your Card
Lost or Stolen Card; Liability for Unauthorized Use. You will take reasonable
range of rates available in wholesale currency markets for the applicable central
amount due or imposition of any other term or condition on us requires a written
steps to prevent the unauthorized use of your Card and Account. If your Card is
processing date, which rate may vary from the rate Visa itself receives, or (b) the
agreement, signed by an authorized Bank representative. All written
lost or stolen, or you think someone used your Account without your permission,
government mandated rate in effect for the applicable central processing date.
communications concerning disputed amounts, including a check or other
Permitted Uses. You may use your Card and your Account to make Purchases
tell us immediately by notifying us by phone at (877)-259-3755 or in writing at PO
payment instrument that (a) indicates that the payment constitutes "payment in
wherever your Card is accepted, provided your Account is in good standing and
Box 89028, Sioux Falls, South Dakota 57109. You may be liable for the
Payments
full" or is otherwise tendered as full satisfaction of a disputed amount or (b) is
you have available credit. Each time you use your Card, either for a Purchase or a
unauthorized use of your Card. In New York, you will not be liable for
tendered with other conditions or limitations, must be marked or delivered to us
Cash Advance, you are requesting us to make a loan to you for the amount of the
unauthorized use of the Card that occurs prior to the effective date of this
at the address for billing inquiries shown on your monthly billing statement, not
Purchase or the Cash Advance. If you use your Account number to make a
Agreement. You will not be liable for unauthorized use that occurs after you notify
Your Promise to Pay. You promise to pay to us all amounts advanced to you
at the payment address. You waive presentment for payment, protest, notice of
Purchase or obtain a Cash Advance without presenting your Card (such as for a
us, orally or in writing, of the loss, theft or possible unauthorized use. In any case,
(including amounts advanced to any Authorized User) under this Agreement, plus
non-payment and of protest, and agree to any extensions of time of payment and
mail order, telephone or internet purchase), the legal effect will be the same as if
your liability will not exceed $50. You agree to cooperate in our investigation of the
all Fees and Interest Charges assessed on those amounts, and all other charges,
partial payment before, at, or after maturity. You may at any time pay more than
you used the Card itself. Each Purchase and Cash Advance obtained will reduce
unauthorized use and provide any information we deem necessary to our
costs, and fees which you incur under the terms of this Agreement.
your minimum payment or pay off your entire balance in full without any
the available credit under your credit limit until it is repaid in accordance with the
investigation. We will send you a new Card with a new account number to replace
additional charge for prepayment. No matter how large your payment is in one
terms of this Agreement.
the Card that was lost or stolen. Although you will be issued a new account number,
Total Minimum Payment Due. You may pay any or all of the amounts you owe at
billing cycle, you will need to make a payment in the following cycle if you have an
you will not be considered to have opened a new account, and any existing balance
any time without penalty, but you must pay at least the Total Minimum Payment
outstanding balance. You are not authorized to use your available credit to make a
Cash Advances. You may use your Card to obtain Cash Advances if your Account
will be transferred to the replacement account. Please see "Your Billing Rights"
Due each month on or before the due date in order to maintain your credit
payment on your Account and we may refuse such payments in our sole
has been open for at least the later of ninety (90) days or three completed billing
section below for more details.
privileges. The "Total Minimum Payment Due" is comprised of the Monthly
discretion. We may resubmit and electronically collect returned payments. We
cycles, is not past due and you have available credit for Cash Advances. You may
Payment plus any amount past due, as reflected on the monthly billing statement.
may also adjust your Account as necessary to correct errors, to process returned
obtain Cash Advances from an Automated Teller Machine ("ATM") or through a
Declines and Authorizations. You agree that we shall have no liability if any merchant
If the New Balance shown on your statement is $37.00 or less, the "Monthly
and reversed payments, and to handle similar issues.
bank teller. However, the total of your unpaid Cash Advances may not exceed
or bank refuses to honor your Card or Account number, if an ATM or other device fails
Payment" is the New Balance. If the New Balance exceeds $37.00, the Monthly
one-half of your credit limit. Cash Advance amounts may also be subject to limits
to properly operate, or if services are unavailable due to circumstances beyond our
Payment is the greater of (a) five percent (5%) of your New Balance at the end of
How We Apply Payments. Payments will be applied in a manner we determine in
imposed by banks and ATM operators.
control (such as system failures, fires, floods, natural disasters, or other unpredictable
the billing cycle (rounded up to the nearest dollar) or (b) $37.00. The Total
accordance with applicable law, and the application of payments may change
events). Some transactions on your Account will require prior approval. These prior
Minimum Payment Due may also include the amount by which your New Balance
from time to time.
Prohibited Uses. You may not use your Card outside the United States, or to
approvals are called "authorizations". We may limit the number of authorizations we
exceeds your credit limit ("Over Credit Limit Amount"). Failure to pay the Over
make a charge in a foreign currency. The Card may not be used for any illegal
will give your Account during any certain period of time (day, weekend, week) and we
Credit Limit Amount as requested on your monthly billing statement will not, by
Credit Balances. You may not maintain a credit balance on your Account. If
transactions. The Card may not be used for on-line gambling transactions or at an
may deny an authorization if we suspect that your Account is being used without your
itself, cause your Account to be delinquent. The Total Minimum Payment Due is
payments cause a credit balance, your Account may be temporarily suspended
automated fuel pump. You further acknowledge that your Card will be for
permission. If our authorization system is not working fully, we may be unable to give
due by the due date shown on the monthly billing statement (the due date will be
and subject to further review. We may reject and return to you any payment that
personal use and may not be used for business purposes. If you use, or allow
an authorization even though the transaction would not exceed your credit limit. For
at least twenty-one (21) days from the billing cycle closing date) and payments
creates a credit balance on your Account. Any credit balance we allow will not be
someone else to use your Card or Account for any prohibited purpose, you will be
security reasons, we cannot explain the details of how the authorization system
must be made to Mid America Bank & Trust Company at the address shown on
available until we confirm that your payment has cleared. You may contact us as
responsible for such use and may be required to reimburse us for all amounts or
works. You agree that we will not be liable for failing to give an authorization. We are
the monthly billing statement. Merchandise refunds, Fee or Interest Charge
provided on your monthly billing statement and request a refund of any available
expenses we pay as a result of such use.
not obligated to honor every transaction, even if you have available credit. We may
reversals or other credits to your Account will be applied towards your
credit balance of $1.00 or more. If you contact us in writing, we will refund your
decline a transaction on your Account at our discretion for any reason including the
outstanding balance, but will not be treated as payments for purposes of
credit balance within 7 business days from our receipt of your written request. If
Card. You agree to sign the back of the Card issued to you in connection with
following: because of operational considerations, because your Account is in default,
your Account immediately upon receipt. The Card is valid during the dates
satisfying your obligation to make the next Total Minimum Payment Due.
you do not request a refund, we will apply credit balances to future amounts you
or if we suspect fraudulent or unlawful activity. We are not responsible for any losses
owe us unless a refund is required by law.
provided on the front. The Card is our property, and you will return it to us or
if a transaction on your Account is declined for any reason, whether by us or a third
Payment Instructions. Payments received in Proper Form before 5:00 pm CST on
destroy it if we ask.
party, even if you have sufficient credit available. If the authorization is denied, we
a business day will post to your Account that day. Payments received after 5:00
Electronic Check Presentment. By sending us a check as payment, you authorize
may notify the person who attempted the transaction that it has been refused.
PIN. Upon your request, you may be assigned a personal identification number
pm CST on a business day and payments made on a Saturday, Sunday, or bank
us to use information on your check to make a one-time electronic funds transfer
Transactions at some participating merchants (such as hotels, car rental companies,
("PIN"). With a PIN, you may use your Card to obtain Cash Advances from an
holiday will post to your Account the following business day. We may, in our
from your account at the financial institution indicated on your check or to
and restaurants) may result in authorizations for amounts greater than the actual
discretion, accept payments not received in Proper Form, but crediting of such
process the payment as a check transaction. When we use information from your
ATM. You should keep your PIN secure and not write it down, give it to anyone, or
purchase amount, which will have the effect of making less credit available on your
payments may be delayed up to five business days following receipt. Delayed
check to make an electronic funds transfer, funds may be withdrawn from your
keep it with your Card. If you lose your Card or believe that someone has gained
Account for several days (usually until the date the actual purchase amount is received
unauthorized access to your PIN, you must contact us immediately. You may
crediting may cause you to incur a Late Payment Fee and additional Interest
bank account as soon as the same day we receive payment. If your check is
from the merchant).
request or change your PIN by calling us at (877)-259-3755 or visiting us online at
Charges. "Proper Form" means that a payment sent by mail or courier follows
processed electronically, your canceled check will not be returned to you by your
www.firstaccesscard.com.
these guidelines:
financial institution. We will retain an image of your electronically processed
Authorized Users. If another person is given access to your Account with your express
Payments must be sent to the address on the payment coupon of your
check(s) as required by law. If requested prior to the time are allowed by law
Credit Limit. Your credit limit is the maximum amount of credit we have
or implied permission, notwithstanding the provision above, that person is an
monthly billing statement.
to destroy electronically processed checks, we will provide you with a copy of
Authorized User, even if we did not issue an additional Card in the Authorized User's
Payments must be made by personal check, money order, cashier's check,
your electronically processed check(s) upon your request.
approved for your Account. Your credit limit will be disclosed to you when your
name. At your request, and if we agree, we may issue an additional Card in the name
Card is issued and will also appear on your monthly billing statement. You agree
or guaranteed funds (described below) in U.S. dollars payable to Mid
of an Authorized User with your Account number. You will be responsible for all
not to make any Purchase or obtain any Cash Advance that would cause the
America Bank & Trust Company.
Monthly Billing Statements, Communications and Information About You
charges, Cash Advances, Interest Charges, Purchases and Fees incurred by any
unpaid balance of your Account to exceed your credit limit. The total of your
All checks or negotiable instruments must be drawn on a U.S. financial
Authorized User. We are not required to try to obtain payment from any Authorized
unpaid Cash Advances may not exceed one-half of your credit limit. You agree
institution and contain proper signatures and consistent numeric and
User before requiring payment from you. You and each Authorized User agree that we
that we may change your credit limit at any time without affecting your obligation
written amounts.
Monthly Billing Statements. We will send you a monthly billing statement at the
may report Account information to consumer reporting agencies in the names of both
Payments must not be in the form of cash or third-party checks.
end of each monthly billing cycle in which your Account has a debit or credit
to pay the amounts you owe under this Agreement. At our sole discretion, we
you and the Authorized User.
may honor Purchases or Cash Advances in excess of your credit limit without
Your payment coupon must be included with your payment. If your
balance of more than $1.00, if an Interest Charge has been imposed or if other
raising your credit limit. If we do, we may require you to pay us any amount over
payment coupon is not included, your name and account number must be
Account activity has occurred. Your statement will arrive around the same time
Removing an Authorized User. If you want to remove an Authorized User from the
your credit limit immediately. If we have previously allowed your balance to
printed legibly on your check or negotiable instrument.
each month, however we reserve the right to change the date of your billing cycle
Account, you must contact us as provided on your monthly billing statement and
Payments not made in guaranteed funds may not create available credit for up to
at any time to the extent permitted by law. The statements we send to you will
exceed your credit limit, it does not mean that we will permit your balance to
request their removal. We will have a reasonable amount of time after your request to
fourteen (14) days to allow the payment to clear or even longer if circumstances
reflect the activity and our Interest Charges, Fees and other charges on your
exceed your credit limit again. See the next section with respect to credit limit
research the situation and remove them. You also must immediately destroy all Cards
increases.
warrant an additional hold, or if we deem ourselves at risk for any reason.
Account during the immediately preceding monthly billing cycle. They will also
in their possession and cancel all of their billing arrangements to the Account. We will
Guaranteed funds which are accepted include payments in the form of bank or
show your Total Minimum Payment Due and the due date by which we must
not do this for you. During this time, you still will be responsible for all amounts they
Credit Limit Increases. Upon your request, credit limit increases may be granted
postal money orders, bank cashiers checks, debit card payments, Western Union
receive payment. The information contained on the statement will be deemed to
charge to the Account. You will be responsible even if these amounts do not appear
after your Account has been open for at least six (6) billing cycles, has not been
and MoneyGram. This list may change. Please call customer service for a current
be correct unless you notify us in accordance with the Section below entitled
on the Account until later. An Authorized User may remove themselves from the
list of payments accepted as guaranteed funds. Third party payments are subject
"Your Billing Rights".
past due for the prior six (6) billing cycles and is not over limit. Every six (6) billing
Account upon request. We may close your existing Account and/or issue a new Card
cycles thereafter, upon your request, we will review your Account for a credit limit
to review and may not immediately create available credit. At our discretion, we
with a new Account number.
may accept late or partial payments, as well as payments that are marked "paid in
Communication with You. We may contact you from time to time regarding your
increase using the same requirements. There is no fee imposed for the review, or
full" or other restrictive endorsements, without losing any of our rights under this
Account. We (and our affiliates, agents and contractors) may contact you in any
manner we choose to the extent allowed by applicable law. For example, we may
Your Contract With
If your Account is closed, you are still responsible for any amounts due on the
WILL BE PART OF THIS AGREEMENT AND WILL HAVE A SUBSTANTIAL EFFECT ON
contact you:
Account pursuant to the terms of this Agreement and the Account will continue
YOUR RIGHTS, INCLUDING YOUR RIGHT TO BRING OR PARTICIPATE IN A CLASS
(1) by mail, telephone, email, or text message;
to accrue applicable Interest Charges and other Fees and charges until the
ACTION, IN THE EVENT OF A DISPUTE.
(2) by using an automated dialing or similar device ("autodialer");
Amendment or Modification. At any time and subject to applicable law, we may
Account is paid in full.
(3) at your home and at your place of employment;
change or delete any term of, or add new terms to, this Agreement, including
a.
General: This Arbitration Provision describes when and how a Claim (as
(4) on your mobile, wireless or cellular telephone or similar device, which may
without limitation the Interest Charge, Annual Percentage Rate, Fees, Total
Refund Disclosure. We will refund your Processing Fee and initial Fees (those Fees
defined below) may be arbitrated. Arbitration is a method of resolving
result in charges to you;
Minimum Payment Due amount, and the arbitration provision. Unless prohibited
that are billed at the time of Account opening) if (1) you have not used your Card
disputes in front of one or more neutral persons, instead of having a trial in
(5) at any time, including weekends and holidays;
by applicable law, these changed or new terms will apply to any Account balance
for a Purchase or Cash Advance; and (2) you have not made a payment on your
court in front of a judge and/or jury. It can be a quicker and simpler way to
(6) with any frequency;
outstanding on the effective date of the change and to all future balances. When
Account after receiving a monthly billing statement. We will refund any partial
resolve disputes. Arbitration proceedings are private and less formal than
(7) by leaving prerecorded and other messages on your answering
required by applicable law, we will notify you in advance of any changes, deletions
payment of the Processing Fee if you do not open your Account within eighty-five
court trials. Each party to the dispute has an opportunity to present some
machine/service and with others; and
or additions. Our notice will tell you when and how the changes will take effect
(85) days of approval. If you later elect to close your Account and notify us of
evidence to the arbitrator. The arbitrator will issue a final and binding
(8) by identifying ourselves, your relationship with us and our purpose for
and describe any rights you have in connection with the changes.
your election in writing within thirty (30) days or one billing cycle (whichever is
decision resolving the dispute(s), which may be enforced as a court
contacting you even if others might hear or read it.
less) after an Annual Fee appears on your monthly billing statement, the Annual
judgment. A court rarely overturns an arbitrator's decision. As solely used
We may monitor or record any conversation or other communication with you.
Governing Law. This Agreement and your Account, and any claim, dispute or
Fee will be credited to your Account. Except as described in this paragraph, Fees
in this Arbitration Provision, the terms "we," "us" and "our" mean not just
Unless the law states we cannot, we may modify or suppress caller ID and similar
controversy (whether in contract, tort, or otherwise) at any time arising from or
are generally non-refundable.
Mid America Bank & Trust Company but also our parent companies, wholly
services and identify ourselves on these services in any manner we choose. You
relating to your Account, this Agreement or any transferred balances, are
or majority-owned subsidiaries, affiliates, commonly-owned companies,
also agree that we may contact you using phone numbers, addresses and e-mail
governed by and construed in accordance with applicable federal law and, to the
Severability. If any provision of this Agreement, including any portion of the
successors, assigns and any of these entities' employees, officers, directors
addresses we obtain from public and nonpublic databases we may lawfully
extent not preempted by federal law, by the laws of Missouri (without regard to
arbitration agreement set forth below, is determined to be invalid or
and agents. For purposes of this Arbitration Provision, these terms also
access. Where allowed by law, we also may contact other individuals who may be
internal principles of conflict of laws), but we rely on the provisions of Nebraska
unenforceable under any rule, law, or regulation, the validity or enforceability of
mean any other third party providing any goods and services in connection
able to provide updated employment, location, and contact information for you.
law with respect to the Fees that apply to your Account as authorized by Missouri
any other provision of this Agreement shall not be affected, and in lieu of such
with your Account, servicing and collection of amounts due on your
Some of the legal purposes for calls and messages include: suspected fraud or
Revised Statutes Section 408.145.
invalid or unenforceable provision there shall be added automatically, as part of
Account, if you name that third party and us as defendants in a single
identity theft; obtaining information; transactions on or servicing of your Account;
this Agreement, a provision as similar in terms as may be valid and enforceable, if
proceeding.
collecting on your Account; and providing you information about certain products,
Default. We may declare your Account to be in default upon the occurrence of
possible. Notwithstanding the foregoing, if a class action litigation or a class-wide
b.
Opt-Out Process. If you do not want this Arbitration Provision to apply,
services and promotions.
any of the following events:
arbitration is permitted for any reason, either party may require that the entire
you may reject it by mailing us a written opt out notice which contains
(a) You fail to make any payment required under the terms of this Agreement
Dispute, as defined in the Section entitled "Arbitration" below, be heard by a
your Account number, your name and address and a signed statement
Your Consent for Calls and/or Text Messages to Your Mobile Phone. When you
when due;
judge, sitting without a jury, under applicable court rules and procedures.
that you opt out of the Arbitration Provision of this Agreement. The opt
give us or we obtain your mobile telephone number, you expressly agree that we
(b) You fail to comply with any of the terms and conditions set forth in this
out notice must be sent to us by mail at Mid America Bank & Trust
(and our affiliates, agents and contractors) may contact you at this number using
Agreement;
Attorneys Fees and Costs. Except as may be provided otherwise in this
Company, PO Box 89028, Sioux Falls, SD 57109. (You should retain a copy
an autodialer and can also leave prerecorded and other messages, including text
(c) You exceed your credit limit;
Agreement, you agree to pay all costs incurred by us, our successors or assigns, in
of your opt-out notice and evidence of mailing or delivery.) An opt out
messages. We may do these things whether we contact you or you contact us.
(d) You become incapacitated or die;
collecting unpaid indebtedness or in enforcing this Agreement, including
notice is only effective if it is signed by you and if we receive it within
You agree you will be responsible for any fees or charges you incur as a result of
(e) You provide us with false or misleading information or signatures in any
attorneys fees and costs, as well as those costs, expenses and attorneys fees
thirty (30) days after the date we delivered this Agreement to you.
incoming calls or text messages from us, from our affiliates or from any third party
respect;
incurred in appellate, bankruptcy and post-judgment proceedings, except to the
Indicating your desire to opt-out of this Arbitration Provision in any
acting on behalf of us or our affiliates.
(f) We obtain information that causes us to believe that you may be unwilling or
extent such costs, fees or expenses are prohibited by law.
manner other than as provided above is insufficient notice. However, your
unable to pay your debts to us on time;
decision to opt out of this Arbitration Provision will not have any other
Notices. Any notice required to be provided to you under this Agreement shall be
(g) We in good faith deem Mid America Bank & Trust Company to be insecure or
No Waiver by Us. Subject to applicable law, we reserve the right not to impose
effect on this Agreement and will not affect any other arbitration
given to you at your residence address shown on our records and shall be
believe that the prospect of payment is impaired;
part or all of any Fee or other amount imposed pursuant to this Agreement or not
agreement between you and us, which will remain in full force and effect.
effective when sent by first class mail, unless otherwise required by Missouri law.
(h) You file for bankruptcy;
to exercise any of our rights under this Agreement, and should we do so, we will
If you don't reject this Arbitration Provision, it will be effective as of the
You agree to advise us promptly of any change in your address. Any notice from
(i) You move out of the U.S. or you provide us with a non-U.S. mailing address.
not waive our right to impose such Fee or amount or exercise such right in the
date you were approved for an Account.
you to us shall be sent to PO Box 89028, Sioux Falls, South Dakota 57109 or to
(j) You request an excessive number of replacement Cards.
future.
C.
What Claims Are Covered: "Claim" means any claim, dispute or controversy
such other address as we may give you and shall be effective when received by us.
Upon your default, we can suspend or terminate your ability to use your Card or
between you and us that in any way arises from or relates to your Account,
We may, at our discretion, accept mailing address corrections from the United
Account, lower your credit limit, increase your Total Minimum Payment Due,
Assignment. We may sell, assign or transfer all or any portion of your Account or
States Postal Service.
including disputes arising from actions or omissions on or prior to the date
demand the return of your Card(s), declare your entire balance immediately due
any balances due under your Account without prior notice to or consent from
of this Agreement. "Claim" has the broadest reasonable meaning, and
and payable, initiate collection activity, continue to charge you Interest Charges
you. You may not sell, assign or transfer your Card or your Account or any of your
Privacy Policy. The privacy policy for Mid America Bank & Trust is provided
includes initial claims, counterclaims, cross-claims and third-party claims. It
and Fees as long as your balance remain outstanding, and exercise all other rights
obligations under this Agreement. This Agreement will be binding on, and
separately in accordance with applicable law.
includes disputes based upon contract, negligence, fraud and other
or remedies permitted by law, all without prior notice or demand except as
benefit, any of your and our successors and assigns.
intentional torts, constitution, statute, regulation, ordinance, common law
required by law. You promise to pay any collection costs and attorneys' fees that
Your Account Information. We need current information about you to manage
and equity (including any claim for injunctive or declaratory relief). Despite
we incur as a result of your default. Our failure to declare your Account in default
your Account. The information we need includes: (1) your legal name; (2) a valid
Entire Agreement. This Agreement, together with your application, constitutes
the foregoing, "Claim" does not include any individual action brought by
does not excuse you from performing all of your obligations under this
the final expression of the credit agreement between you and us relating to your
U.S. mailing address and residential address (if different); (3) your e-mail address;
you in small claims court or your state's equivalent court, unless such action
Agreement, nor shall such failure constitute a waiver of our rights to declare the
Account and supersedes and may not be contradicted by evidence of any prior or
(4) your social security number or other government identification number; (5)
is transferred, removed, or appealed to a different court. In addition, except
Account in default and terminate your ability to use the Account and the Card at a
contemporaneous oral credit agreement between you and us relating to your
your telephone number(s); and (6) your employment and income information.
as set forth in the immediately following sentence, "Claim does not include
later time or upon the occurrence of the same or a different event of default. A
Account.
You are responsible for promptly notifying us when this information changes. We
disputes about the validity, enforceability, coverage or scope of this
negative credit report reflecting on your credit record may be submitted to one or
may require you to provide additional documents that are acceptable to us to
Arbitration Provision or any part thereof (including, without limitation, this
more credit-reporting agencies if you fail to fulfill the terms of your credit
verify this information or any changes. We maintain the right to restrict or close
No Warranties. Except as otherwise provided in the Section below entitled "Your
sentence, the prohibitions against class proceedings, private attorney
obligations.
Billing Rights", we are not responsible for any claim you might have regarding the
your Account if your information cannot be verified or if you do not provide
general proceedings and/or multiple-party proceedings described in
purchases of goods or services made with your Card.
additional information as requested.
paragraph g, captioned "Prohibition Against Certain Proceedings" (the
Suspending or Closing Your Account.
"Class Action Waiver"), or the last sentence of paragraph m, captioned
Merchant Refunds. If you are entitled to a refund for goods or services
Credit Information. We are entitled under applicable law, including the Fair
"Severability,"); all such disputes are for a court and not an arbitrator to
We May Suspend or Close Your Account: We may close or suspend your Card or
purchased with your Card, you will accept these refunds as credits to your
Credit Reporting Act, to obtain information about you from a credit reporting
decide. However, any dispute or argument that concerns the validity or
Account and require the return of your Card for any reason, including default,
Account. We do not control when a merchant sends us your refund. We will also
agency and we may also verify your credit references and other information that
enforceability of this Agreement as a whole is for the arbitrator, not a court,
without notice to you except as may be required by applicable law. Sometimes we
have a reasonable amount of time after we receive your refund to process it.
you provide to us. We may obtain updated or additional information about you,
to decide.
close accounts based not on your actions or inactions, but on our business needs.
including consumer reports, for any legitimate purpose including, but not limited
d.
Starting or Electing to Require Arbitration: Either you or we may start an
If we close your Account, we will not be liable to you for any consequences
Arbitration
to, the extension of credit to you or the review or collection of your Account. We
arbitration of any Claim or require any Claim to be arbitrated. Arbitration is
resulting from closing your Account or suspending your credit privileges.
may provide information about you and your Account to credit reporting agencies
started by initiating an arbitration or required by giving written notice to
and others as provided in our privacy policy. Information we provide might appear
READ THIS ARBITRATION PROVISION. UNLESS YOU ACT PROMPTLY TO REJECT
the other party requiring arbitration. This notice may be given before or
You May Close Your Account: You may cancel your Account at any time by
on your and your Authorized Users' credit reports. This could include negative
THE ARBITRATION PROVISION BY OPTING OUT IN ACCORDANCE WITH
after a lawsuit has been started over the Claim and may address any Claims
notifying us by telephone or in writing.
information if you do not comply with the terms of this Agreement.
brought in the lawsuit, provided that a party may not pursue a Claim in a
PARAGRAPH b, CAPTIONED "OPT-OUT PROCESS," THE ARBITRATION PROVISION
lawsuit and then seek to arbitrate that same Claim unless the other party
submit a written request to the arbitrator to expand the scope of discovery
YOUR BILLING RIGHTS
1. The purchase must have been made in your home state or within 100 miles of
has asserted another Claim in the lawsuit or an arbitration. The notice may
normally allowable under the arbitration rules of the Administrator. The
your current mailing address, and the purchase price must have been more
be in the form of a motion or petition to compel arbitration. Arbitration of
arbitrator shall have discretion to grant or deny that request.
than $50.00. ( NOTE: Neither of these are necessary if your purchase was based
a Claim must comply with this Arbitration Provision and, to the extent not
k.
Arbitration Result and Right of Appeal: At the timely request of either
KEEP THIS NOTICE FOR FUTURE USE
on an advertisement we mailed to you, or if we own the company that sold
inconsistent or in conflict with this Arbitration Provision, the applicable
party, the arbitrator shall provide a written explanation for the award.
you the goods or services.)
rules of the arbitration Administrator.
Either party may appeal the arbitrator's decision within 30 days to a single
This notice tells you about your rights and our responsibilities under the Fair
2. You must have used your Card for the Purchase. Purchases made with Cash
e.
Choosing the Administrator: "Administrator" means the American
arbitrator or a three-arbitrator panel selected in accordance with the
Credit Billing Act.
Advances from an ATM or with a check that accesses your Account do not
Arbitration Association ("AAA"), 1633 Broadway, 10th Floor, New York, NY
Administrator's rules, which shall resolve the Claim without regard to the
qualify.
10019, www.adr.org; JAMS, 1920 Main St. at Gillette Ave., Suite 300, Irvine,
original decision. We will pay the entire cost of an appeal unless we are
What To Do If You Find A Mistake On Your Monthly Billing Statement
3. You must not yet have fully paid for the Purchase.
CA 92614, www.jamsadr.com, or any other company selected by mutual
willing to have the appeal decided by a single arbitrator and you insist upon
agreement of the parties. If AAA and JAMS cannot or will not serve and the
a three-arbitrator panel. In such event, you will be responsible for paying
If you think there is an error on your monthly billing statement, write to us at the
If all of the criteria above are met and you are still dissatisfied with the purchase,
parties are unable to select an Administrator by mutual consent, the
your portion of the difference in arbitration fees between a single arbitrator
address listed on your monthly billing statement. In your letter, give us the
contact us in writing at:
Administrator will be selected by a court. The party asserting the Claim (the
and a three-arbitrator panel, as determined by the panel. However, we will
following information:
Mid America Bank and Trust
"Claimant") may select the Administrator. Notwithstanding any language in
pay all costs to the extent required by law and/or required to enforce this
Account information: Your name and Account number.
PO Box 89028
this Arbitration Provision to the contrary, no arbitration may be
Arbitration Provision. The original award or any subsequent award on the
Dollar amount: The dollar amount of the suspected error.
Sioux Falls, SD 57109
administered, without the consent of all parties to the arbitration, by any
appeal described above shall be final and binding, subject to any further
Description of problem: If you think there is an error on your bill, describe what
Administrator that has in place a formal or informal policy that purports to
right to appeal provided by the FAA. The arbitrator's award may be entered
you believe is wrong and why you believe it is a mistake.
While we investigate, the same rules apply to the disputed amount as discussed
override the Class Action Waiver.
by any court having jurisdiction.
above. After we finish our investigation, we will tell you our decision. At that
f.
Court and Jury Trials Prohibited; Other Limitations on Legal Rights: IF YOU
I.
Rules of Interpretation: This Arbitration Provision is binding upon and
You must contact us:
point, if we think you owe an amount and you do not pay, we may report you as
OR WE ELECT TO ARBITRATE A CLAIM, YOU AND WE WILL NOT HAVE THE
benefits you, your respective heirs, successors and assigns. This Arbitration
Within 60 days after the error first appeared on your monthly billing statement.
delinquent.
RIGHT TO PURSUE THAT CLAIM IN COURT OR HAVE A JURY DECIDE THE
Provision also is binding upon and benefits us. This Arbitration Provision
At least 3 business days before an automated payment is scheduled, if you
CLAIM. ALSO, YOUR AND OUR ABILITY TO OBTAIN INFORMATION FROM
shall survive the repayment of all amounts owed under this Agreement, any
want to stop payment on the amount you think is wrong.
State Disclosures
THE OTHER PARTY IS MORE LIMITED IN AN ARBITRATION THAN IN A
legal proceeding and any bankruptcy, to the extent consistent with
LAWSUIT. OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT MAY
applicable bankruptcy law. This Arbitration Provision survives any
You must notify us of any potential errors in writing. You may call us, but if you do
ALSO NOT BE AVAILABLE IN ARBITRATION.
termination, amendment, expiration or performance of any transaction
we are not required to investigate any potential errors and you may have to pay
California Residents: A married applicant may apply for a separate Account. As
g.
Prohibition Against Certain Proceedings: IF YOU OR WE ELECT TO
between you and us and continues in full force and effect unless you and
the amount in question.
required by law, you are hereby notified that a negative credit reporting reflecting
ARBITRATE A CLAIM: (1) NEITHER YOU NOR WE MAY PARTICIPATE IN A
we otherwise agree in writing. In the event of a conflict or inconsistency
on your credit record may be submitted to a Consumer Reporting Agency if you
CLASS ACTION IN COURT OR IN CLASS-WIDE ARBITRATION, EITHER AS A
between this Arbitration Provision, on the one hand, and the applicable
What Will Happen After We Receive Your Letter
fail to fulfill the terms of your credit obligations. After credit approval, each
PLAINTIFF, DEFENDANT OR CLASS MEMBER; (2) NEITHER YOU NOR WE
arbitration rules or the other terms of this Agreement, on the other hand,
applicant shall have the right to use the Account up to the limit of the Account.
MAY ACT AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN AN
this Arbitration Provision shall govern.
When we receive your letter, we must do two things:
Delaware Residents: Service charges not in excess of those permitted by law will
ARBITRATION; (3) CLAIMS BROUGHT BY OR AGAINST YOU MAY NOT BE
m.
Severability: If any portion of this Arbitration Provision is deemed invalid or
1. Within 30 days of receiving your letter, we must tell you that we received your
be charged on the outstanding balances from month to month.
JOINED OR CONSOLIDATED WITH CLAIMS BROUGHT BY OR AGAINST ANY
unenforceable, such a finding shall not invalidate any remaining portion of
letter. We will also tell you if we have already corrected the error.
New York and Vermont Residents: We may obtain a consumer report for any
OTHER PERSON; AND (4) THE ARBITRATOR SHALL HAVE NO AUTHORITY
this Arbitration Provision, this Agreement, or any other agreement entered
2. Within 90 days of receiving your letter, we must either correct the error or
legitimate purpose in connection with your Account or your application, including
TO CONDUCT A CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL
into by you with us. However, notwithstanding any language in this
explain to you why we believe the bill is correct.
but not limited to reviewing, modifying, renewing and collecting on your Account.
ARBITRATION, OR MULTIPLE-PARTY ARBITRATION.
Arbitration Provision or this Agreement to the contrary, the Class Action
Upon your request, we will inform you of the names and addresses of any
h.
Location and Costs of Arbitration: Any arbitration hearing that you attend
Waiver is not severable from the remainder of this Arbitration Provision
While we investigate whether or not there has been an error:
Consumer Reporting Agencies that have furnished the reports. New York
in person must take place at a location reasonably convenient to you, as
and, in the event that the Class Action Waiver is held to be invalid and
We cannot try to collect the amount in question, or report you as delinquent on
residents may contact the New York State Banking Department (1-877-226-5697)
determined by the arbitrator. Each Administrator charges fees to administer
unenforceable, and subject to any right of appeal that may exist with
that amount.
to obtain a comparative list of credit card rates, fees and grace periods.
an arbitration proceeding and the arbitrator also charges fees. This includes
respect to such determination, any class action or representative
The charge in question may remain on your billing statement, and we may
Ohio Residents: The Ohio laws against discrimination require that all creditors
fees not charged by a court. If either you or we require a Claim to be
proceeding shall be determined in a court of law and will not be subject to
continue to charge you interest on that amount.
make credit equally available to all credit worthy customers, and that Consumer
arbitrated, you may tell us in writing that you cannot afford to pay the fees
this Arbitration Provision.
While you do not have to pay the amount in question, you are responsible for
Reporting Agencies maintain separate credit histories on each individual upon
charged by the Administrator and/or the arbitrator or that you believe
n.
Notice and Cure; Special Payment: Prior to initiating a lawsuit or an
the remainder of your balance.
request. The Ohio Civil Rights Commission administers compliance with this law.
those fees are too high. If your request is reasonable and in good faith, we
arbitration proceeding under this Arbitration Provision, the Claimant shall
We can apply any unpaid amount against your credit limit.
Married Wisconsin Residents: No provision of any marital property agreement,
will pay or reimburse you for all or part of the fees charged to you by the
give the other party or parties written notice of the Claim (a "Claim
unilateral statement, or court order applying to marital property will adversely
Administrator and/or arbitrator. Also, we will pay these fees if applicable
Notice") and a reasonable opportunity, not less than 30 days, to resolve the
After we finish our investigation, one of two things will happen:
affect a creditor's interests unless prior to the time credit is granted, the creditor
law requires us to, if you prevail in the arbitration or if we must bear such
Claim. Any Claim Notice to you shall be sent in writing by mail to the
If we made a mistake: You will not have to pay the amount in question or any
is furnished with a copy of the agreement, statement, or court order, or has actual
fees in order for this Arbitration Provision to be enforced. We will not ask
address you have provided in your Card application (or any updated
interest or other fees related to that amount.
knowledge of that provision.
you to pay or reimburse us for any fees we pay the Administrator or
address you subsequently provide). Any Claim Notice to us shall be sent by
If we do not believe there was a mistake: You will have to pay the amount in
arbitrator. We will bear the expense of our attorneys, experts and
mail to PO Box 89028, Sioux Falls, SD 57109 (or any updated address we
2014. All rights reserved.
witnesses. You will bear the expense of your attorneys, experts and
subsequently provide), attn: ARBITRATION Any Claim Notice you send
question, along with applicable Interest Charges and Fees. We will send you a
must identify yourself by including your name, address and Account
statement of the amount you owe and the date payment is due. We may then
witnesses if we prevail in an arbitration. However, if you are the Claimant,
we will pay your reasonable attorney, expert and witness fees and costs if
number. Any Claim Notice must explain the nature of the Claim and the
report you as delinquent if you do not pay the amount we think you owe.
you prevail or if we must bear such fees and costs in order for this
relief demanded. You may only submit a Claim Notice on your own behalf
Arbitration Provision to be enforced. Also, we will bear any fees and costs if
and not on behalf of any other party. The Claimant must reasonably
If you receive our explanation but still believe your bill is wrong, you must write to
cooperate in providing any information about the Claim that the other
us within 10 days telling us that you still refuse to pay. If you do so, we cannot
applicable law requires us to do so.
i.
Governing Law: This Arbitration Provision is governed by the Federal
party reasonably requests and must give the other party a reasonable
report you as delinquent without also reporting that you are questioning your bill.
Arbitration Act, 9 U.S.C. §§ 1-16 (the "FAA"), and not by any state
opportunity to respond to the demand for relief. If: (i) you submit a Claim
We must tell you the name of anyone to whom we reported you as delinquent,
arbitration law. The arbitrator must apply applicable substantive law
Notice in accordance with this paragraph on your own behalf (and not on
and we must let those organizations know when the matter has been settled
consistent with the FAA and applicable statutes of limitations and claims of
behalf of any other party); (ii) we refuse to provide you with the relief you
between us. If we do not follow all of the rules above, you do not have to pay the
privilege recognized at law. The arbitrator is authorized to award all
request; and (iii) an arbitrator subsequently determines that you were
first $50.00 of the amount you question even if your bill is correct.
remedies permitted by the substantive law that would apply if the action
entitled to such relief (or greater relief), the arbitrator shall award you at
were pending in court (including, without limitation, punitive damages,
least $7,500 (not including any arbitration fees and attorneys' fees and
Your Rights If You Are Dissatisfied With Your Credit Card Purchases
which shall be governed by the Constitutional standards employed by the
costs to which you may be entitled).
If you are dissatisfied with the goods or services that you have purchased with
courts). At the timely request of either party, the arbitrator must provide a
your credit card, and you have tried in good faith to correct the problem with the
brief written explanation of the basis for the award.
merchant, you may have the right not to pay the remaining amount due on the
j.
Right to Discovery: In addition to the parties' rights to obtain discovery
purchase. To use this right, all of the following must be true:
pursuant to the arbitration rules of the Administrator, either party may