Credit Cards

BMO Harris Bank®  
Consumer agreement

Consumer 
Cardholder 
Agreement

1. PARTIES, ADDRESSES AND SIGNATURES. In this 
Agreement, “you,” “your” and “cardholder” mean each 
person who applied for an Account approved by the Bank. 
“We,” “us” and “our” mean the Bank or any person or 
entity to which the Bank sells or transfers your Account. 
These terms have the same meanings when used in your 
monthly billing statement (“Statement”).

Unless you tell us otherwise, we will assume that you live 
at the address (1) on your Application or (2) where you 
have told us to send Statements (see paragraph 7 below). 
You agree to tell us right away of any change in your 
address. Our address is BMO Harris Bank N.A.,  
P.O. Box 6101, Carol Stream, IL 60197-6101.

Your handwritten, electronic or digital signature on any 
document you sign in connection with the use of your 
Card or Account is part of this Agreement. Such documents 
include, but are not limited to, your Card, Application or 
any accepted sales slip.

For Accounts with more than one borrower (“joint 
Accounts”), if you are the Primary Applicant on the 
Application, you are the Primary Cardholder and may have 
certain administrative rights in managing the Account that 
a Co-Applicant (a “Co-Borrower”) may not have. If you 
are unsure of whether you are the Primary Cardholder 
or Co-Borrower, you may call us at the “Contact Us” 
telephone number on your Statement or write to us at the 
address on your Statement.

You may add Authorized Users to your Account. An 
“Authorized User” is any person to whom we have 
issued a Card at your request. If you no longer want an 
Authorized User to use your Account, you must notify us.

Credit Card Cardholder 
Agreement

This Cardholder Agreement (“Agreement”) and the 
documents listed in the next sentence (“Cardholder 
Documents”) govern the use of your BMO Harris Bank 
Platinum Mastercard®, BMO Harris Bank Platinum Rewards 
Mastercard®, BMO Harris Bank Cash Back Mastercard®, 
BMO Harris Bank Premium Rewards Mastercard®, BMO 
Harris Premier Services Premium Rewards Mastercard®, 
and BMO Wealth Management Premium Rewards 
Mastercard® credit card account (“Account”), which is 
issued by BMO Harris Bank N.A. (“Bank”). The Cardholder 
Documents include the Agreement and:

•   The card carrier (“Card Carrier”) we send with your 

credit card or cards (“Card”);

•   The Supplemental Credit Terms (“Supplement”);

•   The application or solicitation (“Application”) you 

signed or otherwise submitted to request the Account; 
and

•   Any PIN mailer provided to you that contains your 

personal identification number (“PIN”).

The Card Carrier, Supplement, Application, and PIN mailer 
are part of this Agreement. Please read and keep the 
Cardholder Documents for your records.

DISCLOSURES FOR ACTIVE DUTY MEMBERS OF THE 
MILITARY AND THEIR DEPENDENTS.

The following applies to members of the military and 
their dependents if, at the time you establish a covered 
account, you are an active duty member of the military 
or you are a dependent of an active duty member of 
the military (as set forth in the Military Lending Act, 
10 U.S.C. 987, and its implementing regulations). 

The Arbitration Provision of this Agreement does not apply 
to individuals covered by this section.

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Credit CardsBMO Harris Bank Consumer Cardholder Agreement2. USING YOUR ACCOUNT. You can access your Account 
by using your Card, Convenience Checks we may issue to 
you, your Account number (which may also be accessed 
through an enabled mobile device), or other credit 
devices.

You can use your Account to make three types of 
transactions:

•   Balance Transfers: You can transfer balances from other 
credit card accounts to this Account. You can use a form 
that we provide or other method we may offer from 
time to time. You cannot transfer balances from other 
accounts you have with us. Balance Transfers accrue 
interest from the date of transaction without a grace 
period;

•   Purchases: You can purchase goods or services from any 
merchant that accepts your Card. Purchases of items 
that you can trade right away for cash are considered 
Quasi-Cash Transactions (for example, casino chips) 
and will be Cash Advances instead of Purchases (see 
paragraph 14 below); and

•   Cash Advances: You can get cash loans as explained in 

paragraph 14 below.

If your Account is a joint Account, each of you may use the 
Account.

3. ILLEGAL TRANSACTIONS. You agree that your Card or 
Account will not be used for any transaction that may be 
illegal under applicable law. Such transactions include, for 
example, Internet gambling transactions.

4. PROMISE TO PAY. By using your Card or Account, you 
agree to the terms in this Agreement. You specifically 
promise to pay all amounts you owe. If you have a joint 
Account, we can ask any one or all of you to pay any or all 
amounts. It does not matter which one of you charged the 
amounts to the Account.

If you let another person use your Account, including an 
Authorized User, you promise to pay all amounts owed 
because of that person’s transactions.

5. CHANGES IN TERMS. Subject to the requirements and 
limitations of applicable law, we may change any of 
the terms of this Agreement. Such changes may include 
revising or removing existing terms and adding new terms 
or replacing your Card with a different Card, which may 
have different benefits and features. The terms changed 
may include, for example, periodic rates, fees and this 
Changes in Terms provision. We will give you notice of any 
change as required by applicable law.

6. CREDIT AND CASH LIMITS. We will set a maximum 
amount of credit for your Account (your “Credit Limit”). 
We will print the dollar amount of your Credit Limit on the 
Card Carrier and each Statement. You may make Balance 
Transfers up to the full amount of your available Credit 
Limit, subject to any other limits we may impose.

The maximum amount of credit for Cash Advances (“Cash 
Limit”) will be a percentage of your Credit Limit. We will 
print that percentage on the Supplement and we will print 
the dollar amount of your Cash Limit on each Statement.

You agree not to use your Account for any transaction that 
would cause the total unpaid balance of your Account 
to go over your Credit Limit. You may not get a Cash 
Advance if it would cause the total unpaid balance of Cash 
Advances (including Interest and Cash Advance Fees) to go 
over your Cash Limit. We may ask you to pay right away 
any amount over your Credit Limit or Cash Limit.

We may change the amount of available credit from time 
to time. This means we may increase, decrease or remove 
your Credit Limit, and/or Cash Limit. We may also limit the 
frequency and amount of Cash Advances you may make in 
any time period. We also may set a limit for other types of 
transactions, such as Balance Transfers. We may change the 
amount of available credit without telling you first unless 
applicable law requires us to do so. Reasons for changes 
include, for example, your credit history with us and/or your 
default under this Agreement (see paragraph 18.B below). 
Other reasons include prevention of fraud and changes to 
this credit card program or Bank policy. Although we credit 
your payments as described in paragraph 13.C and D below, 
we may not make credit available on your Account in the 
amount of your payment right away.

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Credit CardsBMO Harris Bank Consumer Cardholder Agreement7. YOUR STATEMENT. We will send you a Statement for 
each monthly billing cycle in which:

•   You owe us or we owe you more than $1 on the last 

day of the cycle;

•  We impose Interest or a fee;

•   There is any other activity on your Account and we are 

not prohibited by law from sending a communication to 
you; or

•  Applicable law requires us to send a Statement.

The Statement will show important information about 
your Account, such as:

•   The unpaid balance of your Account at the beginning of 

the cycle;

•   Payments or other credits to your Account during  

the cycle;

•   Transactions, Interest, fees, and any other amounts 

charged to your Account during the cycle;

•   The total unpaid balance of your Account on the last 

day of the cycle (“New Balance”);

•   The minimum payment you must make (the “Minimum 

Payment Due”) and the date that it is due (the 
“Payment Due Date”); and

•   Your Credit Limit, Cash Limit, and the dollar amount 
of credit and cash available (“Available Credit” and 
“Available Cash”). We may display your Available Cash 
as an amount rounded down to the nearest dollar.

We will send Statements and any other notices to (1) 
the address on your Application, or one of the addresses 
on your Application for joint Accounts or (2) a different 
address you give us. If your Account is a joint Account, 
each one of you agrees that any one of you can pick the 
address, but we will only send Statements and notices to 
one address.

Subject to limitations we may impose, you may be able 
to change your Payment Due Date. For more information, 
contact us at the “Contact Us” telephone number on your 
Statement.

8. INTEREST. We will calculate interest on your Account 
each cycle by multiplying a daily periodic rate by the 
balance subject to the interest rate of your Account 
(“Interest”) as described in paragraphs 9 and 10 below. 
We will charge a minimum Interest charge in the amount 
shown on the Supplement in any billing cycle that you 
owe Interest.

9. PERIODIC RATES. We will use one or more periodic rates 
to determine how much Interest you owe. The periodic 
rate is the annual percentage rate (“APR”) divided by 365. 
The Supplement shows the periodic rates and APRs that 
apply to your Account.

  A.   Purchase Rate. The rate for Purchases (“Purchase 
Rate”) will be the rate shown on the Supplement.

  B.   Cash Advance Rate. The rate for Cash Advances 

(“Cash Advance Rate”) will be the rate shown on 
the Supplement.

  C.   Balance Transfer Rate. The rate for Balance Transfers 
(“Balance Transfer Rate”) will be the rate shown on 
the Supplement.

  D.   Variable Rates. The applicable rate for each billing 

cycle will be an index rate (“Index Rate”) plus a 
percentage we select (“Margin”).

Different Margins may apply to different transactions. 
For example, we may give you one Margin for Purchases 
(“Margin for Purchases”). We may give you a different 
Margin for Cash Advances (“Margin for Cash Advances”) 
and for Balance Transfers (“Margin for Balance Transfers”). 
We will print the Margins for your Account on the 
Supplement.

The Index Rate is the Prime Rate published in The Wall 
Street Journal® on the last publication day of the month 
just before each Statement date. If there is no published 
Prime Rate, we may pick a similar rate. We will tell you 
what rate we pick.

If the Index Rate changes, your variable rate may change. 
For example, variable rates may increase if the Index Rate 
increases. Any increase or decrease in a variable annual 
percentage rate due to a change in the U.S. Prime Rate 

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Credit CardsBMO Harris Bank Consumer Cardholder Agreementtakes effect as of the first day of the following billing 
period. If a variable rate changes, the new rate will apply 
to new transactions and existing balances. If any variable 
rate increases, the amount of Interest and the Minimum 
Payment Due may increase.

10. BALANCE SUBJECT TO INTEREST RATE. The balance 
subject to Interest is the average daily balance of your 
Account. We calculate the average daily balance on your 
Account in three categories: (1) Purchases, (2) Cash 
Advances, and (3) Balance Transfers. To get the average 
daily balance for each category, we take the beginning 
balance of your Account for that category each day. We 
then add any new transactions in that category, which 
may include fees and Interest. We then subtract any new 
payments or credits. This gives us the daily balance for 
each category. We then add up all the daily balances for 
each category for the billing cycle. We then divide the 
total by the number of days in the billing cycle. This gives 
us the Average Daily Balance for Purchases, the Average 
Daily Balance for Cash Advances, and the Average Daily 
Balance for Balance Transfers.

11. WHEN INTEREST BEGINS. You will have at least a 
21-day grace period (“Grace Period”) on some transac- 
tions. This means you have at least 21 days from the 
Closing Date on your Statement (“Statement Closing 
Date”) to pay for new Purchases before we charge Interest 
on them. The Grace Period applies only if you had no 
balance left over from the past billing cycle. This could 
happen two ways. You could have had no New Balance 
(or a credit balance) on the Statement for the past cycle. 
Or, you could have paid the New Balance for the past 
cycle in full by the Payment Due Date. When the Grace 
Period does not apply, Interest on Purchases begins on the 
transaction date.

The Grace Period does not apply to Cash Advances or 
Balance Transfers. Interest on Cash Advances and Balance 
Transfers begins on the transaction date of your Cash 
Advance or Balance Transfer. If you take advantage of 
an offer with an Introductory or Promotional APR, we 
will charge you Interest on new Purchases, unless your 

new Purchases have a 0% APR, or you pay your Account 
balance, including any Balance Transfers, Cash Advances 
and Promotional Balances, in full each month by your 
payment due date.

12. FEES. All of the fees we charge except the fees for 
Balance Transfers, Cash Advances, and Convenience Checks 
will be treated as Purchases in the billing cycle in which 
the fee is assessed. We will assess fees associated with 
Balance Transfers, Cash Advances, and Convenience Checks 
in the same category as each of those transactions.

A. Fees Shown on Supplement. We may charge the 
following fees. If a fee applies to your Account, we will print 
the amount of the fee on the Supplement. We may change 
or supplement these fees from time to time, and if we do, 
we will provide you with notice of any such change.

1.  An Annual Fee will appear on your first billing 

Statement and annually thereafter unless otherwise 
disclosed;

2. Transaction Fees

  a.   A Cash Advance Fee for each Cash Advance (not 

to exceed $10 for any Cash Advance you get under 
any overdraft protection program we may offer (see 
paragraph 14 below));

  b.   A Balance Transfer Fee for each Balance Transfer; 

and

c.   A Foreign Transaction Fee for any transaction you 

make outside the United States (except Puerto Rico 
or the U.S. Virgin Islands).

3. Penalty Fees

  a.   A Late Payment Fee if we do not receive at least 
the Minimum Payment Due by the Payment Due 
Date. The Late Payment Fee will be $27 (up to $37 
if a payment is late again within six billing cycles) or 
the Minimum Payment Due when the payment was 
late, whichever is less; and

  b.   A Returned Payment Fee will be $27 (up to $37 if a 

payment is returned again within six billing cycles) 
or the Minimum Payment Due when the payment 

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Credit CardsBMO Harris Bank Consumer Cardholder Agreement 
was late, whichever is less if the payment you make 
is returned for any reason.

B. Fees Disclosed at Time of Request. Unless prohibited 
by law, we also may charge you other fees from time to 
time. If a fee applies to your Account, we will tell you the 
amount of the fee at the time you request the service. 
Some fees that may apply to your account include:

1.  A Replacement Card Fee if you request a 

replacement Card;

2.  An Expedited Delivery Fee (in addition to any other 
applicable fees) if you ask us to send a Card by 
expedited delivery;

3.  A Dual Statement Fee if you ask us to send your 
Statements in both paper and electronic form;

4.  A Document Fee if you ask us to provide copies of 
documents, such as sales slips and receipts; and

5.  An Expedited Payment Fee if a representative of ours 

helps expedite your payment.

C. Convenience Check Fees. Unless prohibited by law, 
we may also charge you fees associated with your use of 
Convenience Checks, and we will tell you the amount of 
the fee at the time you request the service or with the 
offer accompanying the Convenience Checks:

1.  A Convenience Check Fee will apply to the use of 

Convenience Checks.

2.  A Stop Payment Fee if you request to stop payment on 

a Convenience Check.

3.  A Returned Payment Fee if a Convenience Check is 

returned for non-payment for any reason.

13. YOUR PAYMENTS.

A. Minimum Payment. Each billing cycle you must pay 
at least the Minimum Payment Due by the Payment Due 
Date. We calculate the largest of the following and then 
add the greater of any amount that is past due or any 
amount in excess of your credit limit:

•   The New Balance on the billing statement if it is less 

than $25;

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•  $25 if the New Balance is at least $25;

•   2% of the New Balance (which calculation is rounded 

down to the nearest dollar); or

•   1% of your Net New Balance plus any new Interest 
charges and any new Penalty Fees. We round that 
number down to the nearest dollar. Net New Balance 
is your New Balance less any new Interest charges and 
any new Penalty Fees.

However, the Minimum Payment Due will never exceed 
your New Balance. You may at any time pay more than 
the Minimum Payment Due up to the full unpaid balance 
without any extra charge.

B. How to Make Payments. Make your payment by 
check, money order or similar instrument in U.S. dollars. 
If you write a check, the check must be from a financial 
institution in the United States. Do not send us cash. You 
may not use a Convenience Check drawn on an Account 
issued by us to pay us (see paragraph 14 below). Mail 
your payment to the address on your Statement or deliver 
it in person to a Qualifying Branch (see paragraph 13.D 
below). With your payment, include your payment 
coupon, which is a part of your Statement. If you do not 
include your payment coupon, we may delay crediting 
the payment to your Account. A Late Payment Fee and 
additional Interest may be charged if crediting is delayed. 
Other payment options may be available. Please call us at 
the “Contact Us” number provided on your Statement or 
refer to your Statement for instructions.

We won’t treat credits made on your Account, including 
credits from merchants or some credits made by person-
to-person money transfers, as payments, and such credits 
will not be applied towards reducing your Minimum 
Payment Due. You cannot use gift cards, gift certificates, 
electronic certificates or similar instruments purchased by 
you or anyone else with a BMO Harris Bank credit card to 
make a payment on your Account.

C. When We Credit Payments and How We Apply 
Payments. If we receive your payment by mail by 
5:00 p.m. Central Time on any business day, we will credit 
the payment to your Account as of that day. Otherwise, 

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Credit CardsBMO Harris Bank Consumer Cardholder Agreementwe will credit the payment on the next business day. 
If you make a payment at any location other than the 
address on your Statement or a Qualifying Branch (see 
paragraph 13.D below), we may delay crediting that 
payment. We may use payments up to the required 
Minimum Payment Due to pay down the balances of your 
Account in any order we decide. This may include paying 
balances subject to lower rates of Interest before balances 
subject to higher rates. For any payment amount over the 
Minimum Payment Due we will allocate such amounts 
to pay balances subject to higher rates of Interest before 
paying balances subject to lower rates. If your payment 
is returned as unacceptable for any reason, we may post 
a transaction to your Account in an amount equal to the 
credit we previously gave for the payment, and we may 
charge a Penalty Fee and Interest on this amount from the 
date your Account originally was credited for the payment. 
You may also lose any Promotional or Introductory Rates 
subject to paragraph 22 below.

D. In-Branch Payments. If you have a BMO Harris-branded 
card, you may deliver your payment during normal 
business hours to a Customer Service Representative 
at any bank branch identified by the BMO Harris name, 
brand or logo (“Qualifying Branch”). We will credit such 
payments on the day we receive them.

E. Disputed Payments. You agree not to send us disputed 
payments. By disputed payment, we mean a payment of 
less than the amount due marked “paid in full,” “without 
recourse” or similar language. If you send a disputed 
payment, we may take it without losing any of our rights. 
If you want to tell us about a disputed payment, you can 
send a letter and/or disputed payment to the address 
listed in paragraph 1 above and not the address on your 
Statement. You may also call us at the “Contact Us” 
number provided on your Statement.

14. GETTING CASH ADVANCES. You can get a Cash 
Advance by taking your Card to a financial institution and 
asking for cash (see paragraph 6 above). You also can get 
a Cash Advance in one of the following ways:

•   Convenience Checks: We may send you Convenience 

Checks (or Promotional Checks) from time to time. You 
can use a Convenience Check like a personal check, 
and it will be subject to the terms provided with the 
Convenience Checks, in addition to the terms of this 
Agreement. We may charge a Convenience Check to 
your Account at the time we receive it, even if it (1) is 
post-dated, (2) is stale or (3) will cause you to go over 
your Credit Limit or Cash Limit. (By “post-dated,” we 
mean the date of the check is in the future. By “stale,” 
we mean a bank is not required to pay the check 
because the date of the check is too far in the past.) 
You can ask us to stop payment on a Convenience 
Check by calling or writing us at the “Contact Us” 
number or address on your Statement. We cannot 
guarantee stop payment on Convenience Checks. We 
will not owe you anything if we fail to stop payment.

•   ATM Cash Advances: You can get an ATM Cash 

Advance by using your Card at an automated teller 
machine (“ATM”). The ATM must accept cards from the 
Mastercard family of brands. You must use the correct 
PIN. You can request a PIN by calling the customer 
service number on the back of your Card or the “Contact 
Us” number on your Statement. Any terms, conditions 
or limitations of the ATM network you use will apply 
to ATM Cash Advances. We may limit the number or 
amount of ATM Cash Advances you can get in one day. 
We may stop you from getting ATM Cash Advances if 
we reasonably believe there is unusual activity on your 
Account. We also may stop you from getting ATM Cash 
Advances if you are in default under this Agreement 
(see paragraph 18.B below).

•   Overdraft Protection Advances: If you have a checking 
or demand deposit account (“DDA”) with us now or 
in the future and you have enrolled in an available 
overdraft protection program, we may offer you an 
automatic Cash Advance to transfer money from your 
Account to your DDA. The automatic Cash Advance 
feature of our overdraft protection program may not 
be available on all Accounts. The amount of the Cash 
Advance will be the amount of the overdraft rounded 

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Credit CardsBMO Harris Bank Consumer Cardholder Agreementup to the nearest $100, not to exceed your Cash Limit. 
By overdraft, we mean the total amount by which 
checks, payments, charges and other items properly 
chargeable to your DDA exceeds the balance of your 
DDA. You must be enrolled in the overdraft protection 
program at the time of the overdraft. The terms and 
conditions of the overdraft protection program also 
apply to this type of Cash Advance. We will give you 
those terms and conditions when you enroll in the 
program.

•   Quasi-Cash Transactions: Purchases of items that 
you can trade right away for cash (“Quasi-Cash 
Transactions”) will be Cash Advances instead of 
Purchases. Quasi-Cash Transactions include, but are not 
limited to, purchases of casino gaming chips, money 
orders, deposits, wire transfer money orders, travelers 
checks, foreign currency and similar items.

15. CURRENCY CONVERSION. You can make transactions 
in currencies other than U.S. dollars. If you do, Mastercard 
will convert the amount of the transaction to U.S. dollars. 
Mastercard uses either (1) a rate Mastercard selects from 
the range of rates available in wholesale currency markets 
for the applicable central processing date, or (2) a rate 
set by a government for the applicable central processing 
date. The conversion rate may be different from the 
published rate in effect on the day that you made the 
transaction or that we posted the transaction to your 
Account.

16. AUTHORIZATION OF TRANSACTIONS. We do not 
promise to authorize every transaction you request. We 
may limit the number or amount of transactions we 
authorize on your Account in any one day. We may refuse 
to authorize any illegal transaction. We may refuse to 
authorize any transaction that would cause you to go 
over your Credit Limit or Cash Limit or any other limit we 
impose on your Account. We may refuse to authorize 
transactions if your Account is closed or in default (see 
paragraph 18 below). We will not pay for any harm these 
actions may cause you, except as required by applicable 
law. In addition, we will not owe you anything if a 
merchant or financial institution does not let you make 

a transaction on your Account. We also will not owe you 
anything if there is a problem with goods or services you 
purchase using your Account, except as explained in Your 
Billing Rights below.

17. UNAUTHORIZED USE. If you notice the loss or theft 
of your Card or a possible unauthorized use of your Card, 
you should call us immediately at the “Lost or Stolen” 
telephone number provided on your Statement. You 
will not be liable for any unauthorized use that occurs 
after you notify us. You may, however, be liable for 
unauthorized use that occurs before your notice to us.  
In any case, your liability will not exceed $50.

18. CLOSING YOUR ACCOUNT.

A. How You Can Close Your Account. You can close your 
Account at any time by calling us at the “Contact Us” 
telephone number or writing to us at the “Contact Us” 
address on your Statement. We will close your Account 
after we receive your notice. If you close your Account, 
you must stop using your Account right away unless you 
and we agree otherwise. You must also destroy and safely 
dispose of your Card.

B. When We Can Suspend or Close Your Account; Default. 
We can suspend or close your Account at any time. We 
will not tell you first unless applicable law requires us 
to do so. We may suspend or close your Account for any 
reason. One of the reasons may be your default under this 
Agreement. We may decide you are in default if:

•   You do not pay any Minimum Payment Due by the 

Payment Due Date;

•  You die or become bankrupt, insolvent or incompetent;

•   Someone tries to get your assets, wages or property by 

filing a legal action against you;

•   We believe any information you gave us is false, 

misleading or incomplete;

•  You go over your Credit Limit or Cash Limit;

•  You break any promise you make in this Agreement;

•   You are in default under any other loan or security 

agreement you have with us;

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Credit CardsBMO Harris Bank Consumer Cardholder Agreement•   You move to, or you live in, a place where we do not, 
or no longer, offer Accounts (including any location 
outside the United States).

However, we will not decide you are in default for a 
reason prohibited by applicable law.

C. After You or We Close Your Account. If you or we close 
your Account, you must pay the full amount you owe us. 
The full amount includes amounts you owe that we have 
not yet billed to you. If we close your Account, we may 
ask you to pay the full amount right away. We will not ask 
you to pay right away if applicable law prohibits it or you 
and we agree that you do not have to. Until you pay us in 
full, we may continue to charge applicable fees as well as 
Interest on the amount you owe us. We also may continue 
to report the amount you owe us to consumer reporting 
agencies and other proper parties. You must destroy your 
Card if we ask you to.

19. COLLECTION COSTS. If we refer your Account to an 
attorney for collection after your default, we may charge 
you our collection costs. Collection costs may include court 
costs and reasonable attorneys’ fees. We will charge these 
costs only when and as permitted by applicable law.

20. SECURITY. We may ask you to give us something 
valuable to secure payment of amounts you owe 
under this Agreement. We will not take as security any 
household goods or real property.

21. OTHER SERVICES. From time to time, third partiesmay 
offer you services. These services may include credit card 
registration, emergency cash service, address change 
service and other related services. If you purchase a 
service, we will charge the fee to your Account. If you 
have a problem with a service, you must contact the third 
party to resolve it. We will not owe you anything for a 
claim related to the service. You agree to hold us harmless 
to the fullest extent possible from any such claims, unless 
otherwise prohibited by applicable law. These services 
may be discontinued or the terms of the services changed 
at any time without advance notice.

22. SPECIAL PROGRAMS. From time to time, we may 
offer Special Programs. A Special Program will have 
some terms that are different from the terms in this 
Agreement. We will tell you the terms when we make 
the offer. If you accept the offer, you agree to those terms. 
Except where the Special Program terms are different, 
the terms in this Agreement continue to apply to Special 
Program transactions. The terms in this Agreement also 
continue to apply to transactions that are not Special 
Program transactions. We may use your payments up to 
the required Minimum Payment Due to pay down Special 
Program balances before other balances on your Account. 
This may reduce the time that any Special Program applies 
to your Account. This also may increase the amount of 
Interest you will owe on the other balances. Special 
Programs may include, for example:

•   Introductory Rate: A lower rate (“Introductory Rate”) 
will apply to your Account or to certain transactions 
on your Account (for example, Purchases) for a certain 
period of time (“Introductory Period”). However, the 
Introductory Period may end sooner. It will end sooner 
if you do not pay the full Minimum Payment Due 
within 60 days of the Payment Due Date. After the 
Introductory Period ends, the rate(s) will increase to 
the rate(s) that applies at that time. If your Account 
has an Introductory Rate, we will print the Introductory 
Rate and Introductory Period on the Supplement. The 
Supplement also will explain the transactions to which 
the Introductory Rate applies.

•   Promotional Rate: A different rate (“Promotional Rate”) 
will apply to your Account or to certain transactions on 
your Account for a certain period of time (“Promotional 
Period”). However, the Promotional Period may end 
sooner. It will end sooner if you pay the balance 
subject to the Promotional Rate before the Promotional 
Period ends. Except during the first year your Account 
is open, it also will end sooner if you do not pay the 
full Minimum Payment Due by the Payment Due 
Date. During the first year your Account is open, it also 
will end sooner if you do not pay the full Minimum 
Payment Due within 60 days of the Payment Due 

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Credit CardsBMO Harris Bank Consumer Cardholder AgreementDate. After the Promotional Period ends, the rate(s) 
will increase to the rate(s) that applies at that time. 
If your Account has a Promotional Rate, we will print 
the Promotional Rate and Promotional Period on the 
Supplement or Special Program offer. The Supplement 
or Special Program offer also will explain the 
transactions to which the Promotional Rate applies.

23. INFORMATION ABOUT YOU.

A. How We Use and Share Your Credit Information. When 
you applied for an Account, you gave us information 
about yourself. You also agreed that we could request 
information about your creditworthiness and employment 
from others (including requesting your consumer 
report from consumer reporting agencies). We use this 
information when considering your Application and 
for any other lawful purpose. These purposes include 
(1) any updates, renewals or extensions of credit and 
(2) reviewing or collecting your Account. If you write to 
us at Credit Card Marketing, P.O. Box 2035, Milwaukee, 
WI 53201-2035, we will tell you the name and address 
of each consumer reporting agency that gave us your 
consumer report. We may give information about you and 
your Account to consumer reporting agencies and other 
proper parties.

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.

B. Tell Us About Inaccurate Information. Tell us if we 
have inaccurate information about you. Also tell us if we 
reported inaccurate information about you to a credit 
reporting agency. Write to us at the address listed in 
paragraph 1 above. Include in your letter the specific 
information you think is inaccurate.

C. Emergency Card Services. We may share your personal 
information with Mastercard International, Mastercard 
International contractors and service providers, and our 
contractors and service providers, for the purpose of 
providing Emergency Card Replacement and Emergency 
Cash Disbursement services to you.

D. Authorized Users. We may share information about 
your Account with Authorized Users you add to your 
Account.

24. TELEPHONE MONITORING AND SOLICITATION. For 
quality control purposes, you agree that we may listen 
to or record telephone calls between you and us. If you 
provide us with your cell phone number as a contact 
number for your Account, you acknowledge and agree 
that we may contact you at that number. You agree that 
communications concerning your Account and available 
products and services are not unsolicited, including calls 
which are dialed automatically and play a recorded 
message.

25. AUTOMATIC BILLING UPDATER SERVICE. We participate 
in the Mastercard® Automatic Billing Updater (ABU) 
service. When your Card number or expi-ration date is 
updated, or your Account is closed, we will provide the 
updated Card information to merchants who participate in 
ABU with whom you have automatic billing arrangements 
(such as telephone, cable companies, insurance and 
health clubs). Since not all merchants participate in ABU, 
you should notify each merchant with whom you have 
automatic billing arrangements of the updated Card 
information to ensure your payments are not interrupted. 
If you do not want us to provide your Card updates 
through ABU, please call the customer service number on 
the back of your credit card and allow 60 days for your opt 
out to take effect.

26. GOVERNING LAW. This Agreement and your Account 
are governed by federal law applicable to a national bank 
and, to the extent not preempted by federal law, the laws 
of Illinois, without regard to its conflicts of law provisions. 
We have accepted this Agreement in Illinois.

For Maryland residents only, to the extent federal law 
and the laws of the state of Illinois do not apply, this 
Agreement is governed by Title 12, Subtitle 9 of the 
Maryland Commercial Law Article.

27. ARBITRATION PROVISION. Either you or we can ask 
the other to resolve a Claim by binding arbitration. By 
“Claim,” we mean any claim, dispute or controversy 

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Credit CardsBMO Harris Bank Consumer Cardholder Agreement(whether in contract, tort or otherwise) at any time arising 
from or relating to your Account or this Agreement. We 
intend the term Claim to have the broadest possible 
meaning. Claim includes, by way of example and without 
limitation: 

•   Claims arising from your Application for or issuance, 
use, terms, change in terms or addition of terms, 
closing or collection of your Account or this Agreement;

•   Claims arising from advertisements, promotions or oral 
or written statements related to your Account, including 
any Claims regarding information we got from you or 
we reported to you, credit reporting agencies or others;

•   Claims related to the goods or insurance or other 

services purchased under your Account;

•   Claims between you and our parent corporations, 
wholly or majority owned subsidiaries, affiliates, 
predecessors, successors, assigns, agents, independent 
contractors, employees, officers, directors or 
representatives arising from your Account or this 
Agreement; and

•   Claims regarding the validity, enforceability or scope of 
this Arbitration Provision or this entire Agreement. 

However, the term Claim does not include any Claim 
relating to the validity and effect of any class action, 
consolidation and/or joinder waiver. 

Arbitration is different from a lawsuit in many ways. If you 
or we ask for arbitration of a Claim, neither you nor we 
could get a court or jury to decide the Claim. There may 
be limits on the amount of information you and we could 
get from each other before the arbitration. You could not 
be part of a class of people with similar complaints after 
you or we ask for arbitration. Except as explained below, 
the arbitrator’s decision will be final and binding. Other 
rights available to you in court may not be available in 
arbitration.

The American Arbitration Association (“AAA”) or JAMS will 
conduct any arbitration between you and us. The rules for 
arbitrations will be those of either AAA or JAMS (“Rules”) 
in effect when you or we file the Claim. If something in 

the Rules is different from something in this Arbitration 
Provision, we will follow this Arbitration Provision. You 
can get the Rules and other forms by calling the AAA 
at 1-800-778-7879, visiting the AAA’s website at www.
adr.org or writing to the AAA at 1633 Broadway, 10th 
Floor, New York, New York 10019, or by calling JAMS 
at 1-800-352-5267, visiting the JAMS website at www.
jamsadr.com or writing to JAMS at 1920 Main Street, 
Suite 300, Irvine, VA 92614. If for any reason either the 
AAA or JAMS cannot, will not or ceases to be an arbitration 
administrator, we will pick another administrator with 
similar rules. If you want to arbitrate a claim, send us 
notice at the address listed in paragraph 1 above. Then 
contact either the AAA or JAMS to find out how to file a 
Claim. If needed, we will meet for an arbitration hearing 
in the federal judicial district where you live or some 
other place we all agree is convenient.Arbitration fees 
can be more expensive than court fees. After you have 
paid arbitration fees equal to the fee to file an action in 
your local state or federal court, you can ask us in writing 
for help. We will advance up to $325 toward the filing, 
administrative and/or hearing fees for any Claim you file 
against us. At the end of the arbitration, the arbitrator will 
decide who should pay the arbitration fees. You may have 
to pay us back some or all of the money we advanced. 
Unless applicable law requires otherwise, each party has 
to pay for its own attorneys’, experts’ and witness fees, no 
matter who wins the arbitration.

No Claim can be arbitrated on a class action basis. An 
arbitration can decide only your or our Claims. You cannot 
have a joint arbitration with any parties other than 
persons who use your Account. You also cannot bring 
together any Claims other than those relating to you 
and persons who use your Account. A court with proper 
jurisdiction and not an arbitrator will determine whether 
this provision prohibiting class actions, joinder and/or 
consolidation is valid and effective. 

This Arbitration Provision relates to a transaction involving 
interstate commerce. It will be governed by the Federal 
Arbitration Act (“FAA”), as amended, even if different 
laws apply to other parts of this Agreement. The arbitrator 

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Credit CardsBMO Harris Bank Consumer Cardholder Agreement29. NO WAIVER BY US; SEVERABILITY. We may delay 
enforcing or give up any of our rights under this 
Agreement in certain situations. If we delay enforcing or 
give up any of our rights, this does not affect our other 
rights. If we give up a right in one situation, we do not 
give up the same right in other situations. If a court with 
proper jurisdiction decides that any part of this Agreement 
is unenforceable, all the other parts of this Agreement still 
apply.

30. ENTIRE AGREEMENT. The Cardholder Documents are 
the entire agreement between you and us relating to 
your Account. The Cardholder Documents replace any 
other agreement relating to your Account that you and 
we made earlier or at the same time. If any of the other 
Cardholder Documents has any information that is not the 
same as information in this Agreement, we will follow 
this Agreement unless the other document says we 
should follow that document.

NJ RESIDENTS: Certain provisions of this Agreement are 
subject to applicable law. As a result, they may be void, 
unenforceable or inapplicable in some jurisdictions. None 
of these provisions, however, is void, unenforceable or 
inapplicable in New Jersey.

will apply applicable substantive law consistent with 
the FAA. The arbitrator will apply applicable statutes 
of limitations. The arbitrator also will honor claims of 
privilege recognized at law. Whoever wins the arbitration 
can get a judgment on the arbitration award in any court 
having jurisdiction. Judgments include, for example, 
garnishment, attachment, foreclo-sure or other post-
judgment remedies.

The arbitrator’s decision generally will be final and 
binding. If there is a right of appeal under the FAA, 
however, any party can appeal the award. A group of 
three arbitrators from either AAA or JAMS will hear the 
appeal. The group will review all over again any part of 
the initial award that the party who appeals requests. 
The party who appeals must pay for the appeal no matter 
what happens at the end.

This Arbitration Provision will apply even after you repay 
your Account and after your Account is closed. If a court 
decides that any part of this Arbitration Provision is invalid 
or unenforceable under the FAA, the other parts still 
apply. However, if a court decides that the part prohibiting 
class actions, consolidation and/or joinder is invalid or 
unenforceable, then this Arbitration Provision will not 
apply.

You can opt out of this Arbitration Provision if you write 
to us within 30 days after we open your Account. Send 
a letter that says you do not agree to the Arbitration 
Provision. The letter must include your name, address 
and Account number. Mail the letter to BMO Harris Bank 
N.A., Arbitration Opt-out, P.O. Box 6101, Carol Stream, IL 
60197-6101. This is the only way you can opt out of the 
Arbitration Provision. If you opt out of the Arbitration 
Provision, all other parts of the Agreement still apply to 
your Account.

28. TRANSFER AND ASSIGNMENT. You cannot give or sell 
your rights or duties under this Agreement, your Account 
or your Card to any other person or company. We may 
give or sell our rights or duties under this Agreement, 
your Account or your Account balance to any other person 
or company, with or without telling you first.

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Credit CardsBMO Harris Bank Consumer Cardholder AgreementYour Billing Rights: Keep This Document For Future Use

•   We cannot try to collect any amount in question, or 

report you as delinquent on that amount.

•   The charge in question may remain on your statement, 
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:

•   If we made a mistake: You will not have to pay the 

amount in question or any interest or other fees related 
to that amount.

•   If we do not believe there was a mistake: You will 
have to pay the amount in question, along with 
applicable interest and fees. We will send you a 
statement of the amount that you owe and the date 
payment is due. We may then report you as delinquent 
if you do not pay the amount we think you owe.

If you receive our explanation but still believe your bill 
is wrong, you must write to us within 10 days telling 
us that you still refuse to pay. If you do so, we cannot 
report you as delinquent without also reporting that you 
are questioning your bill. We must tell you the name of 
anyone to whom we reported you as delinquent, and we 
must let those organizations know when the matter has 
been settled between us.

If we do not follow all of the rules above, you do not have 
to pay the first $50 of the amount you question, even if 
your bill is correct.

This notice tells you about your rights and our 
responsibilities under the Fair Credit Billing Act.

What to Do If You Find a Mistake on Your Statement

If you think there is an error on your statement, write to 
us at: 

BMO Harris Bank N.A. 
P.O. Box 6101 
Carol Stream, IL 60197-6101.

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 

statement.

•   At least 3 business days before an automated payment 

is scheduled, if you want to stop payment on the 
amount you think is wrong.

You must notify us of any potential errors in writing. 
You may call us, but if you do we are not required to 
investigate any potential errors and you may have to pay 
the amount in question.

What Will Happen After We Receive Your Letter

When we receive your letter, we must do two things: 

1.  Within 30 days of receiving your letter, we must tell 

you that we received your letter. We will also tell you if 
we have already corrected the error.

2.  Within 90 days of receiving your letter, we must either 
correct the error or explain to you why we believe the 
bill is correct.

While we investigate whether or not there has been  
an error:

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Credit CardsBMO Harris Bank Consumer Cardholder AgreementYour Rights If You Are Dissatisfied With Your Credit Card 
Purchases

Notes

If you are dissatisfied with the goods or services that you 
have purchased with your 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. 
(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:

 BMO Harris Bank N.A. 
P.O. Box 6225  
Carol Stream, IL 60197-6225.

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.

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Credit CardsBMO Harris Bank Consumer Cardholder Agreement 
Talk with us
1-800-610-8987

Learn more
bmoharrisrewards.com

Mastercard® is a registered trademark of Mastercard International Incorporated.

Banking Products and services are subject to bank and credit approval and 
are provided by BMO Harris Bank N.A. Member FDIC. BMO Harris Bank® and 
BMO Harris® are trade names used by BMO Harris Bank N.A.

BMO Harris Premier Services represents a combined service approach of BMO 
Harris Financial Advisors and BMO Harris Bank, each a part of the BMO Financial 
Group. BMO Harris® is a trade name used by BMO Harris Bank N.A. and its 
affiliates.

BMO Harris Premier Services includes banking, deposit and loan products and 
services provided by BMO Harris Bank N.A. Banking products and services are 
subject to bank and credit approval. BMO Harris Bank® is a trade name used by 
BMO Harris Bank N.A. Member FDIC. BMO Harris Bank does not provide legal or 
tax advice.

Securities, investment advisory services and insurance products are offered through 
BMO Harris Financial Advisors, Inc. Member FINRA/SIPC. SEC-registered investment 
adviser. BMO Harris Financial Advisors, Inc. and BMO Harris Bank N.A. are affliated 
companies. Securities and insurance products offered are: NOT FDIC INSURED — 
NOT BANK GUARANTEED — NOT A DEPOSIT — MAY LOSE VALUE.

© 2017 BMO Financial Corporation. All Rights Reserved.

BMO Wealth Management is a brand name that refers to BMO Harris Bank N.A. 
and certain of its affliates that provide certain investment, investment advisory, 
trust, banking, securities, insurance and brokerage products and services. Banking 
products and services are provided by BMO Harris Bank N.A. and are subject to 
bank and credit approval. BMO Harris Bank N.A. Member FDIC.

© 2017 BMO Harris Bank N.A. All Rights Reserved. (09/17)

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