Credit Card Agreement for Union Privilege Cards in Capital One, N.A.
There are two parts to this Credit Card Agreement: Capital One Pricing Information and the Capital One Customer
Agreement. The Pricing Information shows a range of terms that includes both mail and online offers for new accounts
available under this Agreement as of March 31, 2016. The combination of terms that could apply to you may differ depending
on the specific card offer and on your creditworthiness at the time of application. The Customer Agreement contains
important information related to consumer credit cards issued by Capital One, N.A. If you are a current Capital One
cardholder, please log in to your account if you would like to request the Credit Card Agreement for your account(s).
Family Member and Working America cardmembers may not be eligible for certain benefits.
If you are no longer a current union member in good standing of a participating union, a retired union member, a family
member of a current union member in good standing of a participating union, or a member of Working America, you are
not
eligible for this pricing and your Account may be repriced and you may not be eligible for certain benefits.
CAPITAL ONE PRICING INFORMATION
Annual Percentage Rate
11.15% - 23.15%.
(APR) for Purchases
This APR will vary with the market based on the Prime Rate.
APR for Balance
11.15% - 23.15%.
Transfers
This APR will vary with the market based on the Prime Rate.
APR for Cash Advances
24.24%.
This APR will vary with the market based on the Prime Rate.
Penalty APR and
25.24%.
When It Applies
This APR will vary with the market based on the Prime Rate.
This APR may be applied to your account if you make a late payment.
How Long Will the Penalty APR Apply? If APRs are increased for a payment that is late, the
Penalty APR may apply indefinitely unless you make six consecutive minimum payments on
time following the rate increase.
Paying Interest
Your due date is at least 25 days after the close of each billing cycle. We will not charge
interest on new purchases, provided you have paid your previous balance in full by the due
date each month. We will begin charging interest on cash advances and special transfers on
the transaction date.
Minimum Interest Charge
If you are charged interest, the charge will be no less than $1.00.
Annual Fee
$0 $35.
Transaction Fees
Balance Transfer Fee
None.
Cash Advance Fee
Either $10 or 4% of the amount of each cash advance, whichever is greater.
Foreign Transaction Fee
None.
Penalty Fees
Late Payment
Up to $35.
Over the Credit Limit Fee
None.
Returned Payment
Up to $25.
Balance Computation Method: Average Daily Balance (including new purchases)
The "Daily Balance" of a Credit Plan is determined by taking the opening balance of the Credit Plan for that day, and adding 1)
any new purchase made on the Credit Plan that day, 2) the previous day's Interest Charges, 3) any credit insurance premiums
or debt cancellation fees (if applicable) incurred on that day and 4) any late fees, over the credit limit fees, returned payment
fees or other fees incurred on that day and subtracting any payments or credit applied to the Credit Plan that day. If your
Account is subject to a grace period during the billing cycle, payments made during that cycle will be subtracted from all Daily
Balances in the current cycle.
Required Insurance, Debt Cancellation or Debt Suspension Coverage: None.
Disclosure of Rates: The Daily Periodic Rate which is used to determine your Interest Charges and the corresponding Annual
Percentage Rate, will be variable rates which may change monthly. The Daily Periodic Rate will be one-three hundred sixty
fifth of the sum of the U.S. prime rate published in Money Rates table of The Wall Street Journal that is in effect on the last
day of the month. ("Prime Rate"), plus a "Spread" of 7.65 to 19.65 percentage points for the Standard Rate and a "Spread" of
21.74 percentage points for the Penalty Rate. Any changes in the Prime Rate will take effect on the first day of your billing cycle
beginning in the next month.
Capital One® Customer Agreement
We may also increase, decrease, restrict or cancel your
Welcome to Capital One
credit limit on any Segment at any time. This will not affect
your obligation to pay us.
Thank you for opening a credit card account with us.
This Customer Agreement, including any changes to it
Using Your Account
("Agreement"), contains the terms of your agreement with
(1) This Agreement applies whether or not you use your
Capital One.
Card or Account. It will continue to apply even after your
Definitions
Account is closed, as long as you have a balance.
(2) You must sign the Card immediately when you receive it.
The meanings of the terms you see in italics appear in the
(3) You must return the Card to us or destroy it if we ask
Glossary section at the end of this Agreement.
you to.
As used here, "you" and "your" mean each applicant and co-
(4) You must take reasonable steps to prevent the
applicant for the Account; any person responsible for paying
unauthorized use of your Card, Access Checks
the Account; and any person responsible for complying with
and Account.
this Agreement. "We", "us", "our" and "Capital One" mean
(5) We may decline to authorize a transaction for any
Capital One, National Association and its agents, authorized
reason. This may occur even if the transaction would
representatives, successors and assignees.
not cause you to go over your credit limit or your
Account is not in default.
Account Documents
(6) We are not responsible for any losses you incur if we
The following documents govern your Account with us:
do not authorize a transaction.
(1) this Agreement;
(7) We are not responsible for any losses you incur if
(2) all Statements;
anyone refuses to accept your Card for any reason.
(3) any rewards program terms, conditions and disclosures;
(8) Unless we tell you otherwise, we will bill each
(4) any privacy notices;
transaction to the applicable Segment of your Account.
(5) your Card benefits brochure, which describes benefits
We will apply it against your available credit for that
provided by the Payment Card Network for your Account;
Segment.
(6) all disclosures and materials provided to you before or
(9) You may obtain Balance Transfers and Cash
when you opened your Account;
Advances as permitted for your Account. You may not
(7) any other documents and disclosures relating to your
use these to pay any amount you owe us or any other
Account, including those provided online; and
company in the Capital One organization.
(8) any future changes we make to any of the above.
(10) You must not use, or try to use, the Card for any illegal
activity. You are responsible for any charges if you do.
Please read these carefully and keep them for
(11) We are not liable for any losses that may result when
future reference.
our services are unavailable due to reasons beyond
New Offers
our control.
In the future, we may provide you with new offers that we
Rewards
think may interest you. The terms of these offers may differ
Your Account may provide you with the opportunity to earn
from the standard terms on your Account. This Agreement
rewards. If it does, we will separately provide you with
will still apply.
information and terms about the rewards.
Account Information
Access Checks
We need information about you to manage your Account.
We may provide you with Access Checks. If we do, we will
This includes:
tell you at the time if we consider them purchases, Cash
(1) your legal name,
Advances or Balance Transfers.
(2) a valid U.S. or Canada mailing address and residential
Only the person we designate may use Access Checks.
address (if different),
You may not use them to pay any amount you owe us or
(3) your date of birth,
any other company in the Capital One organization. We
(4) your Social Security number or other government
may reject and not pay any Access Check if:
identification number,
(5) your telephone number(s), and
(1) your Account is past due, charged off, bankrupt, lost/
(6) your employment and income information.
stolen or closed;
(2) we suspect fraud;
You must tell us when this information changes. We may
(3) your Account is over the credit limit; or
ask you for additional documents to verify any changes.
(4) the check has expired, is damaged or cannot otherwise
We may restrict or close your Account if we cannot verify
be processed.
your information, or if you do not provide it as requested.
Credit Limits
Our liability if we do not pay an Access Check will never be
more than (1) your actual damages or (2) the amount of the
When you open your Account, we will tell you your credit
Access Check, whichever is less.
limits. These will also appear on your Statement. We may
also refer to your credit limits as your credit lines. We may
Use of an Access Check is not the same as using your
give you different credit limits for the different Segments of
Card. When you use an Access Check, you will have fewer
your Account. For example, you may have one credit limit
rights to dispute merchant transactions than with uses
for purchases and a different one for Cash Advances.
of your Card. Please see the "Billing Rights Summary"
on your Statement and your other Truth-in-Lending
You are responsible for keeping track of your Segment
Disclosures for more information.
balances and your available credit. You must manage your
Account to remain below your credit limits. We may honor
Stopping Payment of Access Checks
transactions above your credit limits, but if we do, these
You may request a stop payment on any Access Check by
transactions will not increase your credit limit. You are
contacting Customer Service.
responsible for paying for any transaction you make above
We will have a reasonable amount of time after your
your credit limits.
stop payment request to research and complete the stop
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payment. We will not be responsible if we cannot complete
Truth-in-Lending Disclosures. If you do not notify us of an
the stop payment. Reasons include:
error, we will assume that all information on the Statement
is correct.
(1) the Access Check was already paid;
(2) you do not give us the information we asked for; or
If we credit your Account for all or part of a disputed
(3) the information you gave us was incorrect.
transaction, you give us all of your rights against others
We do not have to release the stop payment order unless
regarding that transaction. You will also:
the account holder who made the request asks us to. If we
(1) give us any information about the disputed transaction,
re-credit your Account after a valid stop payment order, you
if we ask;
give us all of your rights against the payee or other holder
(2) not pursue any claim or reimbursement of the
of the paid Access Check. You also agree to help us in any
transaction amount from the merchant or any other
legal action we may later take against the payee or other
person; and
holder of the check.
(3) help us get reimbursement from others.
Using a PIN
No Warranties
We may give you a personal identification number (PIN).
We are not responsible for any claim you may have
For security reasons, you may have to provide the PIN
regarding the purchase of goods or services made with
before you are able to use your Card.
your Card beyond your rights described in the "Billing
Keep your PIN secure. Do not write it down, give it to
Rights Summary" on your Statement.
anyone or keep it with your Card. If you lose your Card
Lost or Stolen Card
or believe the confidentiality of your PIN has been
If your Card is lost or stolen or if you think someone else
compromised for any reason, you must contact Customer
may be using your Card or Account number without
Service immediately.
your permission, you must contact Customer Service
Authorized Users
immediately. You will not be responsible for transactions on
If you ask us to issue a Card to any other person, they are
your Account that we find are unauthorized.
an Authorized User. We may require certain information
If we reimburse you for unauthorized transactions, you will
about them. We may limit their ability to use your Card.
help us investigate, pursue and get reimbursement from
They may have access to certain information about your
the wrongdoer. Your help includes giving us documents in a
Account. You will be responsible for their use of the
form that we request.
Account and anyone else they allow to use your Account,
Interest Charges and Fees
even if you did not want, or agree to, that use.
We will charge Interest Charges and Fees to your Account
Removing an Authorized User
as disclosed on your Statement and other Truth-in-Lending
If you want to remove an Authorized User from your
Disclosures. In general, Interest Charges begin to accrue
Account, you must contact Customer Service and request
from the day a transaction occurs. However, we will not
their removal. You also must immediately destroy all Cards
charge you interest on any new transactions posted to the
in their possession and cancel any arrangements they may
purchase Segment of your Account if you paid the total
have set up on your Account. They will be able to use your
balance across all Segments of your Account in full by
Account until you have notified us that you are removing
the due date on your Statement each month. From time
them from your Account. During this time, you will still be
to time, we may give you offers that allow you to pay less
responsible for all amounts they charge to your Account.
than the total balance and avoid Interest Charges on new
You will be responsible even if these amounts do not
purchase Segment transactions. If we do, we will provide
appear on your Account until later.
details in the specific offer.
Authorized Users may remove themselves from your
We will generally treat Fees as purchase transactions
Account upon request. We reserve the right to remove
unless otherwise specified below. These Fees apply to your
them from your Account for any reason. To remove them
Account only if your Truth-in-Lending Disclosures provide for
from your Account, we may close your existing Account
them. We may increase your Interest Charges and Fees as
and issue a new Card with a new Account number.
described in the Changes to Your Agreement section or in
Your Promise to Pay
your Truth-in-Lending Disclosures.
You promise to pay us all amounts due on your Account.
Membership Fee
This includes amounts where you did not sign a purchase
If your Account has a membership Fee, we may charge the
slip or other documents for the transaction. We will treat
first Fee as early as the date we approve your application.
transactions made without presenting your actual Card
If you have not used your Account and you close it within
(such as for mail, telephone, Internet or mobile device
90 days of when it was opened, the annual or periodic
purchases) the same as if you used the Card in person. If
membership Fee(s) will be refunded (if paid) or reversed. If
you let someone else use your Card, you are responsible
your Account terms include a $0 introductory membership
for all transactions that person makes.
Fee, the first Fee may instead be charged at a later time
Statements
when the introductory period expires. If it is an annual Fee,
we may then charge it approximately once per year. If it is a
We will generally send or make available to you one
monthly Fee, we may charge it each Billing Cycle.
Statement for all Cards on your Account at the end of each
Billing Cycle. Under certain circumstances, the law may not
Late Payment Fee
require us to send or make available to you a Statement, or
We may charge you this Fee if we do not receive your
may prohibit us from doing SO.
payment as instructed on your Statement by the payment
Disputed Transactions
due date.
You must inspect each Statement you receive. Tell us
Returned Payment Fee
about any errors or questions you have, as described in
We may charge you this Fee each time your financial
the "Billing Rights Summary" on your Statement and other
institution for any reason rejects a payment you make to us.
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Stop Payment Fee
Payment Processing
We may charge you this Fee each time you ask us to (1)
We may accept and process payments without losing any
stop payment on an Access Check or (2) renew an existing
of our rights. We may delay the availability of credit until we
stop payment order.
confirm that your payment has cleared. This may happen
Cash Advance Fee
even if we credit your payment to your Account. We may
resubmit and collect returned payments electronically. If
We may charge you this Fee each time you take out a
Cash Advance. We will treat this Fee as a Cash Advance
necessary, we may adjust your Account to correct errors,
process returned and reversed payments and handle
transaction.
similar issues.
Balance Transfer Fee
When you send us an Item as payment, you authorize
We may charge you this Fee each time you make a
us to make a one-time electronic fund transfer from your
Balance Transfer. We will charge the Fee to the Balance
deposit account. You also authorize us to process the
Transfer Segment.
payment as an Item. We may withdraw the funds from
Transactions Made in Foreign Currencies
your deposit account as early as the same day we receive
If you make a transaction in a foreign currency, the
your payment. You will not receive your Item back from
Payment Card Network will convert it into a U.S. dollar
your bank. We will provide additional information about this
amount. The Payment Card Network will use its own
process on your Statement.
currency conversion procedures. The conversion rate
We may use the information from an Item to create an
in effect on the processing date may differ from the rate
electronic image. We may collect and return the image
in effect on the transaction date that appears on your
electronically. This electronic image may also be converted
Statement. We do not adjust the currency exchange rate or
to a substitute check and may be processed in the same
charge any currency conversion Fees.
way we would process an Item. We will not be responsible
Minimum Payment
if an Item you provide has physical features that when
You must pay us at least the minimum payment amount by
imaged result in it not being processed as you intended.
the payment due date. Your Statement will tell you:
How We Apply Your Payments
(1) the minimum payment due,
Your Account may have Segments with different Annual
(2) your new balance,
Percentage Rates (APR). For example, purchases may
(3) the payment due date and
have a lower APR than Cash Advances. If your Account
(4) an explanation of when the payment must reach us for
has Segment balances with different APRs, here is how we
us to consider it received as of that date.
apply payments in a Billing Cycle:
Returns and other credits to your Account will reduce your
(1) We generally apply payments up to your minimum
Account balance, but they will not change your minimum
payment first to the balance with the lowest APR, and
payment amount.
then to balances with higher APRs.
(2) We apply any part of your payment exceeding your
In addition to the minimum payment, you may pay all or
minimum payment to the balance with the highest APR,
part of the total balance on your Account. But, you must still
and then to balances with lower APRs.
pay at least the minimum payment amount each month,
even if you paid more than the minimum payment due on
We do this based on the APRs in effect and balances owed
the previous Statement. We will continue to charge Interest
on the day your preceding Billing Cycle ended.
Charges during Billing Cycles when you carry a balance
Items with Restrictive Words, Conditions,
regardless of whether your Statement includes a minimum
or Instructions
payment that is due. If your Account is 180 days past due, is
You must mail all Items bearing restrictive words,
part of a bankruptcy proceeding, or is otherwise charged off,
conditions, limitations or special instructions to:
the total balance is immediately due and payable.
Capital One
Making Payments
PO Box 1330
Your payment must be made in U.S. dollars from a U.S.
Charlotte, NC 28201-1330
deposit account in a form acceptable to us. We do not
accept cash payments through the mail. You may not make
This includes Items marked "Paid in Full" or similar language.
payments with funds from your Account or any other credit
This also includes all accompanying communications.
account with us or any other company in the Capital One
If you make such a payment or send any accompanying
organization. You must send mailed payments to us as
communications to any other address, we may reject it
instructed on your Statement, unless we tell you otherwise.
and return it to you. We may also accept it and process it
Other Payment Services
without losing any of our rights.
We may make services available that allow you to make
Credit Balances
faster or recurring payments online or by telephone. We
We may reject and return any payment that creates or adds
will describe the terms for using these services and any
to a credit balance on your Account. Any credit balance
applicable Fee before you use them. You do not have to
we allow will not be available until we confirm that your
use these other payment services.
payment has cleared. We may reduce the amount of any
We are not responsible if your financial institution rejects a
credit balance by any new charges. You may write to the
payment made using our payment services.
address provided on your Statement or call Customer
Service to request a refund of any available credit balance.
If you ask someone else to make a payment for you, we
Account Default
may provide that person with limited Account information
necessary to set up and process that payment. We may
You will be in default if:
also refuse to accept that payment. If we do accept it, you
(1) you do not make any payment when it is due;
will be responsible for that payment even if a financial
(2) any payment you make is rejected, not paid or cannot
institution rejects it.
be processed;
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(3) you exceed a credit limit;
Changes to Your Agreement
(4) you file or become the subject of a bankruptcy or
At any time, we may add, delete or change any term of
insolvency proceeding;
this Agreement, unless the law prohibits us from doing so.
(5) you are unable or unwilling to repay your obligations,
We will give you notice of any changes as required by law.
including upon death or legally declared incapacity;
We may notify you of changes on your Statement or in a
(6) we determine that you made a false, incomplete or
separate notice. Our notice will tell you when and how the
misleading statement to us, or you otherwise tried to
changes will take effect. The notice will describe any rights
defraud us; or
you have in connection with the changes.
(7) you do not comply with any term of this Agreement or
any other agreement with us.
Your variable APRs (if applicable) can go up or down as
the index for the rate goes up or down. If we increase your
If you are in default, we may take certain actions with
APRs for any other reason, or if we change your Fees or
respect to your Account. For example, depending on the
other terms of your Account, we will notify you as required
default, we may take the following actions, without notifying
by law.
you, unless the law says that we must give you notice:
The Law That Applies to Your Agreement
(1) charge you Fees, or change the APRs and Fees on
We make decisions to grant credit and issue you a Card
your Account, if provided in your Truth-in-Lending
from our offices in Virginia. This Agreement is governed
Disclosures;
by applicable federal law and by Virginia law. If any part of
(2) close or suspend your Account;
this Agreement is unenforceable, the remaining parts will
(3) lower your credit limit(s);
remain in effect.
(4) demand that you immediately pay the total balance
owing on your Account;
Waiver
(5) continue to charge you Interest Charges and Fees as
We will not lose any of our rights if we delay or choose not
long as your balance remains outstanding; and/or
to take any action for any reason. We may waive our right
(6) file a lawsuit against you, or pursue another action that
without notifying you. For example, we may waive your
is not prohibited by law. If we file a lawsuit, you agree to
Interest Charges or Fees without notifying you and without
pay our court costs, expenses and attorney fees, unless
losing our right to charge them in the future.
the law does not allow us to collect these amounts.
Assignment
Communications
This Agreement will be binding on, and benefit, any of your
You agree that we may communicate with you by mail,
and our successors and assigns. You may not sell, assign
telephone, email, fax, prerecorded message, automated
or transfer your Account or this Agreement to someone
voice, text message or other means allowed by law
else without our written permission.
regarding your Account.
We may sell, assign or transfer your Account and this
You agree that we may contact you at any telephone number
Agreement without your permission and without prior notice
(including a mobile telephone number that you provide us),
to you. Any assignee or assignees will take our place under
and use an automated telephone dialing system or similar
this Agreement. You must pay them and perform all of
device to do SO. You agree that we may monitor or record
your obligations to them and not us. If you pay us after we
any conversation or other communication with you.
notify you that we have transferred your Account or this
Credit Reports
Agreement, we can return the payment to you, forward the
payment to the assignee or handle it in another way that is
We may report information about your Account to credit
reasonable.
bureaus and others. Late payments, missed payments or
other defaults on your Account may be reflected in your
Glossary
credit report. Information we provide may appear on your
"Access Check" means any check we send to you to
and the Authorized Users' credit reports.
access credit from your Account. We may also refer to
an Access Check as a "convenience check" or a
If you believe that we have reported inaccurate information
about your Account to a credit bureau or other consumer
"purchase check".
reporting agency, notify us in writing at PO Box 30258,
"Account" means your Card Account with us.
Salt Lake City, UT 84130-0258. When you write, tell us the
"Authorized User" means a person who may use
specific information that you believe is incorrect and why
the Card but is not responsible for the repayment of
you believe it is incorrect.
the Account.
We may obtain and use credit, income and other
"Balance Transfer" means an amount posted to the
information about you from credit bureaus and others as
Balance Transfer Segment of your Account unless
the law allows.
otherwise described in your Truth-in-Lending Disclosures.
Closing or Suspending Your Account
"Billing Cycle" means the period of time reflected
You may contact Customer Service to ask us to close
on a Statement. This period may vary in length, but is
your Account.
approximately 30 days. You will have a Billing Cycle even if
We may close or suspend your Account at any time and for
a Statement is not required. We will often specify a Billing
any reason permitted by law, even if you are not in default.
Cycle by the month in which its closing date occurs. For
example, a "March Billing Cycle" will have a closing date
If we close or suspend your Account for any reason,
in March. We may also refer to a Billing Cycle as a "Billing
you must stop using your Card. You must also cancel all
Period". If your Account balance has charged off, we may
billing arrangements set up on the Account. If we close or
switch to quarterly Billing Cycles for your Account.
permanently suspend your Account, you must return or
destroy all Cards. You must still pay us all amounts you
"Card" means any Capital One credit card associated
owe on the Account.
with your Account. This includes all renewals and
substitutions. It also means any other access device for
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your Account we give you that allows you to obtain credit,
including any Account number.
"Cash Advance" means a loan in cash or things we
consider cash equivalents, including wire transfers,
traveler's checks, money orders, foreign currency,
lottery tickets, gaming chips and wagers. We post Cash
Advances to the Cash Advance Segment of your Account
and not to your purchase Segment.
"Fees" mean charges imposed on your Account not
based on the Annual Percentage Rates.
"Interest Charges" mean any charges to your Account
based on the application of Annual Percentage Rates.
"Item" means a check, draft, money order or other
negotiable instrument you use to pay your Account. This
includes any image of these instruments. This does not
include an Access Check.
"Payment Card Network" means the network
provider displayed on your Card. This may be Visa Inc.,
MasterCard International Incorporated or any other
network provider.
"Segments" means the different parts of your Account
we may establish that are subject to unique APRs, pricing
or other terms. We create these parts of your Account
for such things as your purchases, Balance Transfers
and Cash Advances. The sum of your Segment balances
equals your total Account balance.
"Statement" means a document showing important
Account information, including all transactions billed to
your Account during a Billing Cycle and information about
what you must pay. We may also refer to your Statement
as a "Periodic Statement" or a "Billing Statement".
"Truth-in-Lending Disclosures" means disclosures
that the federal Truth in Lending Act and Regulation Z
require for any Account. This includes your application
and solicitation disclosures, Account opening disclosures,
subsequent disclosures, Statements and change in terms
notices.
CapitalOne
2015 Capital One
Capital One is a federally registered service mark.
BR264174 M-111306
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