BBVA Compass
BBVA Compass NBA American Express® Card Agreement ("Agreement")
RETAIL INSTALLMENT CREDIT AGREEMENT (May Not Be Available to Residents of All States)
This Agreement and the documents listed below govern the use of your BBVA Compass NBA American Express Card account with Compass Bank ("Account") and
each BBVA Compass NBA American Express Card issued to access the Account (a "Card"). These other documents are part of this Agreement:
The application or solicitation ("Application") you signed or otherwise gave us to ask for the Account; and
The folder sent with each Card ("Card Folder").
Please read and keep these documents for your records. You accept this Agreement by using or permitting another person to use the Account. New York Residents:
This Agreement begins on the earlier of (1) the date you sign or otherwise submit an Application that we approve, or (2) the first day that you or someone authorized
by you signs or otherwise accepts a sales slip or memorandum as evidence of a transaction on your Account and, until this day, you will not be responsible for any
purchase or lease of property or services by use of the Card after its loss or theft.
1.
Parties and Addresses:
a.
Bank: In this Agreement, "we", "us" and "our" refer to Compass Bank and anyone to whom we give or sell your Account. Unless we tell you otherwise,
our mailing address is: Compass Bank Card Center, P.O. Box 2210, Decatur, Alabama 35699-0001.
b.
You: "You" and "your" refer to each person (1) who applied for the Account, or (2) who agreed to be responsible for the Account. We will send bills and
other notices to the address you give us. You promise to tell us right away if that address changes. You must be a resident of the United States.
2.
Joint Accounts: If you have a joint Account, each of you may use the Account. We may ask any one of you to pay any balance due. Any one of you may give us
any notice under this Agreement. If you give us different notices or make different requests, we may pick which one to honor without telling any of you. We will
not owe anything to you or anyone else because we picked one of your notices or requests.
3.
Promise to Pay: You promise to pay us for all transactions on your Account, including those by anyone whom you allow to use the Account. You also promise to
pay any interest, fees and other amounts you owe us under this Agreement. By keeping, using or permitting others to use the Account or any Card, you agree to
the terms of this Agreement.
4.
Governing Law: This Agreement and your Account will be governed by (1) federal law, and (2) to the extent not preempted by federal law, the laws of
Alabama, without regard to its conflicts of law provisions. We accepted this Agreement in Alabama.
5.
Changing This Agreement: We may change this Agreement unless an applicable law says we may not. We will tell you when changes will be effective and how
they will apply to your Account. You may not change this Agreement unless we agree in writing.
6.
Using Your Account: You may use your Account to make three types of transactions:
a.
Purchases: You may purchase or lease goods or services from any merchant that accepts your Card or Account.
b.
Cash Advances: You may obtain cash or other advances by using your Card or Account in any of the following ways:
From us or any other financial institution or automated teller machine ("ATM") that accepts your Card;
By using a convenience check ("Check") as explained in Section 16 below. Payments you make to another creditor using a Check are Cash
Advances (and not Balance Transfers) under this Agreement;
By purchasing items that can be traded right away for cash, such as wire transfers, money orders or traveler's checks;
To make tax or other similar payments; or
By getting an advance deposited to a Compass checking account if you are enrolled in an overdraft protection program under a separate
agreement with us.
C.
Balance Transfers: You may ask us to transfer to your Account a balance you owe to another creditor. If we approve your request, we will pay the other
creditor directly. As noted above, payments you make to another creditor using a Check are Cash Advances (and not Balance Transfers) under this
Agreement. Balance Transfers are Cash Advances under this Agreement, except that the APR for Purchases (and not the APR for Cash Advances) will
apply to Balance Transfers.
7.
Illegal and Online Gambling Transactions: You agree not to use your Account for any transaction that is illegal where you live or where the transaction takes
place. You must find out if a transaction is legal before you make it. You also agree not to use your Account for any Internet or online gambling transaction, even
if it is legal. We may refuse to authorize any illegal, Internet or online gambling transaction. If we do authorize the transaction, you agree to pay us for it unless
an applicable law says you may not. You understand that American Express Cards are not presently accepted for the purchase of bets, lottery tickets or casino
gaming chips.
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8.
Credit Limits: We will tell you your starting credit limits on the Card Folder. Your billing statements also will show your credit limits and available credit.
a.
Separate Limits: We will give you a credit limit for your Account. We also may give you different limits for different types of transactions. For example,
we may tell you that you can only use part of your credit limit for Cash Advances.
b.
When Your Payments Increase Available Credit: We may delay increasing your available credit for up to 10 days after you make a payment.
C.
Going Over Your Credit Limits: This Agreement applies to all transactions and balances on your Account, including any transaction that would cause
the balance (including unpaid interest and fees, unless prohibited by law) on your Account (or any type of transactions on your Account) to go or stay
over the credit limit (an "Overlimit Transaction"). If the balance on your Account (or on any type of transactions on your Account) goes over the credit
limit, you must pay the amount that is over the limit right away. We may charge you an Over-the-Credit Limit Fee only if you have told us that you want
Overlimit Transactions on your Account. You may tell us you want (or do not want) Overlimit Transactions at any time by calling us at 1-800-239-5175
or writing us at the address in Section 1(a). We do not have to authorize any Overlimit Transaction, even if you have told us that you want Overlimit
Transactions on your Account. If we authorize any one or more Overlimit Transactions, it does not mean that we must authorize any other Overlimit
Transaction.
d.
Changes to Your Credit Limits: You may request a credit limit increase by calling us at 1-800-239-5175, and we might agree to your request. We may
change your credit limits at any time. For example, we may (1) increase or decrease any of your credit limits, (2) add one or more separate limits, or (3)
cancel your available credit. We will tell you first or get your permission if an applicable law requires us to. You still will have to pay all amounts you owe
under this Agreement.
9.
Billing Statements: We will send you a bill at the end of each monthly billing cycle if applicable law requires. Read each bill as soon as you get it. Tell us right away
if you see any error or problem. Your bill will show important information about your Account, including:
The unpaid balance at the end of the billing cycle ("New Balance");
The minimum amount of your next payment ("Minimum Payment Due");
When your next payment is due ("Payment Due Date"); and
The date of the bill ("Statement Date").
10. Interest: We use the Daily Balance method to calculate Interest Charges on your Account. This means we calculate the Interest Charges on your Account by
applying the Daily Periodic Rate ("DPR") to the Daily Balance (as described below) for each day in the billing cycle. We do this separately for each type of balance
subject to Interest Charges. Different periodic rates may be used for different types of balances. For example, different DPRs may be applied to the separate
balances of Purchases, Cash Advances, Balance Transfers and any balances subject to a special offer.
a.
Daily Balance. To determine the Daily Balance, we start by taking the beginning balance for each day (including unpaid Interest Charges from previous
billing periods). Specifically:
The beginning balance for Purchases will include any unpaid Purchase transactions; any unpaid interest on those Purchases; any unpaid
Late Fee, Over-The-Credit Limit Fee, Returned Payment Fee and Document Fee; and any unpaid Foreign Transaction Fee charged on a
Purchase, including any Purchase subject to a special offer APR.
The beginning balance for Cash Advances will include any unpaid Cash Advance transactions; any unpaid interest on those Cash Advances;
any unpaid Skip Payment Fee, Expedited Payment Fee, Transfer Fee and Rate Reduction Fee; and any unpaid Cash Advance Fee and
Foreign Transaction Fee charged on a Cash Advance, including any Cash Advance subject to a special offer APR.
The beginning balance for Balance Transfers will include any unpaid Balance Transfer transactions; any unpaid interest on those Balance
Transfers; and any unpaid Balance Transfer Fee charged on a Balance Transfer, including any Balance Transfer subject to a special offer
APR.
The beginning balance for any transactions subject to a special offer APR will include any unpaid balance on those transactions, and any
unpaid interest on those transactions.
Then, we add any new transactions, debits, or fees, and subtract any payments or credits credited as of that day. After that, we make any other
appropriate adjustments.
Next, we calculate the amount of interest charged for that day. For each day after the first day of the billing period, we add an amount of interest
equal to the previous day's daily balance multiplied by that type of balance's DPR. This gives us the Daily Balance for the type of balance for that
day. It is also the beginning balance for that type of balance for the next day. If this balance is negative, it is considered to be zero. In addition, for
balances except Cash Advances, the Daily Balance for each day will be considered to be zero if you paid the New Balance, if any, shown on your
previous billing period's statement by the Payment Due Date shown on that statement. NOTE: This method of calculating the Interest Charge
results in charging interest on unpaid interest (also known as compounding interest).
After that, we determine the total Interest Charge for the statement period. Once we have determined the Interest Charge for each type of
balance for each day, we add all of these daily Interest Charges together to get the total Interest Charge for each type of balance. We then add
together the total Interest Charge for each type of balance to arrive at the total Interest Charge for the statement period.
We may use mathematical formulas which produce equivalent results to calculate the Daily Balance, Interest Charge, and related amounts. For
example, we may use computer programs or other computational methods that are designed to produce mathematically equivalent results while
using fewer and/or simpler computational steps than are described in this Agreement.
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b.
When Interest Charges Start on Cash Advances: We start charging interest on Cash Advances (including Balance Transfers) on the transaction date.
For Checks or Balance Transfers, the transaction date is the later of (1) the date we get and/or pay the Check or Balance Transfer or (2) the first day of the
billing cycle in which we add the transaction to your Account. For other Cash Advances, the transaction date is the later of (1) the date you get the Cash
Advance or (2) the first day of the billing cycle in which we add the transaction to your Account. There is no way to avoid interest on Cash Advances.
C.
Avoiding Interest on Purchases (Grace Period): Your Payment Due Date is at least 25 days after the close of each billing cycle. We will not charge you
interest on Purchases if you pay your entire balance by the Payment Due Date each billing cycle. Where required by applicable law, we will not charge
interest on any portion of a Purchase balance that is repaid by the first specified due date after each Purchase was made if you paid the entire balance
for the previous billing cycle by the specified due date. Except as described above, if you do not pay your entire balance by the Payment Due Date, we
will start charging interest on each new Purchase on the later of (1) the date you make the Purchase, or (2) the first day of the billing cycle in which we
add the Purchase to your Account. We will pay down your Purchase balance and other balances as described in "Payment Allocation" in Section 13(e)
below.
d.
Minimum Interest Charge for Purchases: If you are charged interest on Purchases, the charge will be no less than $1.
11.
Interest Rates: We figure out how much interest you owe each billing cycle using daily periodic rates. We get the daily periodic rates by dividing each annual
percentage rate ("APR") below by 365. The interest rates that apply to your Account are shown on the Card Folder and each billing statement.
a.
APR for Purchases and Balance Transfers: The APR for Purchases will be equal to the Prime Rate plus any margin shown on the Card Folder. The APR
for Balance Transfers is the same as the APR for Purchases.
b.
APR for Cash Advances: The APR for Cash Advances will be equal to the Prime Rate plus any margin shown on the Card Folder.
C.
Discounted Introductory APR: From time to time we may offer a discounted introductory APR. Any discounted introductory APR that applies to your
Account will be shown on the Card Folder.
d.
Variable Rates: Except for any discounted introductory APR, your APRs will vary with the market based on the Prime Rate. We use the Prime Rate in
The Wall Street Journal two business days before the Statement Date for each billing cycle. Your APRs may increase if the Prime Rate increases. If your
APRs increase, the amount of interest you will owe and the Minimum Payment Due may increase.
e.
Reevaluation of Increased Rates: If the APRs on your Account are increased, we will reevaluate your Account as required by law to determine whether
you qualify for an APR reduction.
12.
Fees: You agree to pay the following fees, which will be charged to your Account.
a.
Annual Fee: The amount of this fee, if any, is shown on the Card Folder. If you are charged a fee, the fee will be charged to your Account shortly after
the time it is opened unless otherwise indicated in your Card Folder. For each year that your Account remains open, the fee will be charged during
the same month that it was initially charged.
b.
Transaction Fees:
Cash Advance Fee: For each Cash Advance, a fee of $10 or 4% of the Cash Advance, whichever is greater.
Balance Transfer Fee: For each Balance Transfer, a fee of $10 or 4% of the Balance Transfer, whichever is greater.
Foreign Transaction Fee: A fee of 3% of each transaction made (1) in a foreign currency, (2) outside of the United States, or (3) with a foreign
merchant, even if that transaction is made in U.S. dollars. We may charge a Foreign Transaction Fee for each transaction (including returns
or refunds) at the time we add the transaction to your Account.
lowa Residents: Cash Advance, Balance Transfer and Foreign Transaction Fees are finance charges.
C.
Penalty Fees: We will charge penalty fees in amounts not to exceed the amounts established by the Bureau of Consumer Financial Protection which
currently are $27 and $38. The Bureau of Consumer Financial Protection may adjust these amounts annually to reflect changes in the Consumer Price
Index (CPI), and we may revise any of the penalty fees below to reflect the CPI adjustments. We will not charge more than one penalty fee for a single
event or transaction that violates multiple terms of this Agreement.
Late Fee: A fee if we do not receive at least the Minimum Payment Due by the Payment Due Date (or the next business day if your Payment
Due Date falls on a Saturday, Sunday or holiday). For any late payment, this fee will be:
$27 if you have had no late payment during any of the previous 6 billing cycles, or
$38 if you have had any late payment during any of the previous 6 billing cycles,
but never more than the full amount of the Minimum Payment Due (as shown on your billing statement) that was due immediately before
the fee is assessed (rounded up or down to the nearest dollar). In lowa, we may charge a Late Payment Fee up to $15.
Over-the-Credit Limit Fee: A fee if (1) you have told us that you want Overlimit Transactions on your Account, and (2) we authorize any
Overlimit Transaction. For any Overlimit Transaction, this fee will be:
$27 if you have had no Overlimit Transaction and your Account balance was not over your credit limit during any of the previous 6
billing cycles, or
$38 if you have had any Overlimit Transaction or your Account balance was over your credit limit during any of the previous 6 billing
cycles, but never more than the amount by which your Account goes over your credit limit during the billing cycle in which the fee
is assessed (rounded up or down to the nearest dollar). We will charge you an Over-the-Credit Limit Fee (a) only once for any billing
cycle, regardless of the number of Overlimit Transactions during that cycle, and (b) if your Account balance remains over your credit
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limit due to the same Overlimit Transaction(s), only once for each of the next two billing cycles. In lowa, this fee will be up to $15 and
will only be imposed once until the balance is reduced below the limit.
Returned Payment Fee: A fee if a check or similar instrument or any debit for payment on your Account is returned unpaid for any reason.
The amount of this fee will be $27 or the full amount of the Minimum Payment Due that was due immediately before the payment was
returned (rounded up or down to the nearest dollar), whichever is less. We will charge the fee even if the check or debit is later honored or
paid. In lowa, we may charge a Returned Payment Fee up to $15.
Returned Check Fee: A fee if we return a Check for any reason. The amount of this fee will be $27 or the amount of the Check that is
returned (rounded up or down to the nearest dollar), whichever is less. In lowa, we may charge a Returned Check Fee up to $20.
d.
Other Fees:
Stop Payment Fee: A fee of $29 for each stop payment request on a Check, as described in Section 16, whether or not we actually stop
payment, subject to any restrictions of applicable law. We will not charge a Stop Payment Fee in Colorado, Delaware, Indiana, lowa, Kansas,
Louisiana, Maryland, New York, North Carolina, Pennsylvania, South Carolina, West Virginia or Wyoming.
Expedited Delivery Fee: A fee if you request and we agree to arrange for expedited delivery of any Card or Checks to you (for example,
by an overnight delivery service). We will disclose the amount of this fee at the time you request this service. If you then confirm and we
honor your request, we will charge the fee disclosed at the time of the request. We will not charge an Expedited Delivery Fee in Colorado,
Delaware, Indiana, lowa, Kansas, Louisiana, Maryland, New York, North Carolina, Pennsylvania, South Carolina, West Virginia or Wyoming.
Document Fees: Except as provided below, the following fees for each copy of a sales slip, paid Check or billing statement you request:
For copies of sales slips or Checks: $5 for each item requested
For duplicate copies of billing statements:
$7 for each statement from the previous 12 months,
$17 for each statement more than 12 months but not more than 24 months old,
$27 for each statement more than 24 months but not more than 36 months old, and
$37 for each statement more than 36 months old.
There will be no charge for any item you request in good faith in connection with the resolution of any disputed billing matter. We will not
charge a Document Fee in Delaware, Indiana, lowa, Kansas, Louisiana, Maryland, North Carolina, Pennsylvania, South Carolina, West Virginia
or Wyoming.
Transfer Fee: Except as provided below, a fee of $25 (in addition to any Cash Advance Fee) if you request us to deposit a Cash Advance
directly in your checking account, and we honor your request. We will not charge a Transfer Fee in Colorado, Delaware, Indiana, lowa,
Kansas, Louisiana, Maryland, New York, North Carolina, Pennsylvania, South Carolina, West Virginia or Wyoming.
Expedited Payment Fee: Except as provided below, a fee of $15 if you request us, via our live customer service representative, to expedite
payment on your Account by debiting any deposit or other account you designate, and we honor your request. We will not charge an
Expedited Payment Fee in Colorado, Delaware, Indiana, lowa, Kansas (if a Late Payment Fee would be imposed on the same payment
or you have agreed in writing to make all payments electronically), Louisiana, Maryland, New York, North Carolina, Pennsylvania, South
Carolina, West Virginia or Wyoming.
Skip Payment Fee: Except as provided below, a fee of $35 if we offer and you accept the option to skip any monthly payment and your
Minimum Payment Due would have been $200 or more. We will not charge a Skip Payment Fee in lowa.
Rate Reduction Fee: Except as provided below, a fee of $75 if a reduction in any interest rate, fee or other charge is offered by us and
accepted by you, or requested by you and honored by us, even if this reduction is only for a temporary or limited time period. If we intend
to charge this fee, we will tell you about the fee orally or in writing at the time we offer or agree to the reduction. We will not charge a Rate
Reduction Fee in lowa.
13.
Minimum Payment Due: The Minimum Payment Due each billing cycle will depend on your APRs and New Balance.
a.
If All APRs are 23.49% or Lower: You must pay the greater of:
$10; or
2% of the New Balance rounded up or down to the nearest dollar plus (1) any unpaid Minimum Payments Due from previous bills and (2)
any amount over your credit limit(s).
However, if the New Balance is less than $10, you must pay the New Balance.
b.
If Any APR is Over 23.49%: If an APR greater than 23.49% applies at the end of any billing cycle, you must pay $15 plus (1) any interest you owe for that
billing cycle, (2) any Cash Advance Fee, Rate Reduction Fee, Expedited Payment Fee, Skip Payment Fee, and Foreign Transaction Fee that has been
charged during that billing cycle, (3) any unpaid Minimum Payments Due from previous bills and (4) any amount over your credit limit.
C.
What Happens if You Pay More: You may pay the entire balance of your account, or any other amount that is more than the Minimum Payment
Due, at any time. You will not owe us any additional charge for early payment. If you pay more than the Minimum Payment Due in one billing cycle,
you still have to pay the full Minimum Payment Due in the next cycles. You cannot increase your available credit by paying more than the unpaid
balance on your Account.
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d.
Skip Payment Offers: We may let you skip a payment. We will tell you when you can skip a payment. If you do, (1) we may charge a fee in an amount
we tell you at the time of the offer, (2) you will owe interest for the skipped billing cycle, (3) you will lose any grace period that otherwise would apply
and (4) you must pay the regular Minimum Payment Due for the next billing cycle.
e.
Payment Allocation: We will use your Minimum Payment Due to pay down balances on your Account (including Purchases, Advances, Balance
Transfers, interest, fees and other amounts) in any way we choose, unless an applicable law says we may not. If you make a payment that is larger than
the Minimum Payment Due, we will apply the extra amount first to the balance with the highest interest rate, and any remaining portion of that extra
amount to the other balances in descending order based on the applicable interest rate.
14.
Making Payments: You must pay us in U.S. dollars. Mail your personal check or money order to the address shown on your bill. Include the payment stub from
your bill with your payment. Do not send cash. If you do not follow these instructions, we might not credit the payment for up to five business days after we get it.
a.
Disputed Payments: If you dispute any amount we say you owe under this Agreement, you must write to us at Compass Bank Card Center, P.O.
Box 2101, Decatur, Alabama 35602-2101. If you pay us with a check marked with "payment in full" or similar words, you must send it to this address.
Subject to any restrictions of applicable law: (1) the words "payment in full" or similar words will have no effect; and (2) we can take disputed
payments without giving up any of our rights.
b.
Paying at Branches, Online and By Telephone: If we let you pay at one of our branches, we will credit the payment as of the day we get it. If we let you
pay online or by phone, we will tell you how to pay and when your payment will be credited.
C.
Timing for Mailed Payments: If you mail a payment to the address shown on your bill, your payment will not be considered late if we receive it by 5
p.m. Central Time on the Payment Due Date (or the next business day if your Payment Due Date falls on a Saturday, Sunday or holiday).
15.
Special Offers: We may make a special offer to you. For example, we may offer a reduced promotional interest rate. Such offers may apply to all transactions or
balances on your Account, or only to some transactions or balances. We will tell you what terms of the special offer differ from the terms of this Agreement. Except
as we tell you in a special offer, the rest of this Agreement will still apply to your Account.
16.
Checks: We may issue Checks. You may complete and sign a Check to make a Cash Advance. You may not use a Check to pay any amount you owe us. We do
not have to pay or certify any Check.
a.
Returning Checks: We do not have to pay (and may return unpaid) any Check if:
The amount of the Check would cause you to go over any of your credit limits;
You are in default under this Agreement;
We suspended or terminated your credit privileges;
We told you not to use the Account, Card or Checks for any reason;
The Check is postdated or stale. This means the date you put on the check is a date which is either (1) later than the date we get it, or (2)
more than six months before the date we get it; or
You did not fully complete and/or sign the Check.
If we pay a Check anyway, you still have to pay us the amount of that Check and any applicable interest or fees. If we don't pay a Check, we may
charge a Returned Check Fee.
b.
Paid Checks: Your bill will show Checks we paid. We will not return Checks to you. You may ask us for copies of paid Checks. We may charge you a
Document Fee for each copy.
C.
Stopping Payment on a Check: You may ask us to stop payment on a Check or cancel a stop payment request. Call us at 1-800-239-5175 or write us at
the address in Section 1(a). If you call, we may ask you to put your request in writing. You must tell us: (1) your Account number, (2) the date, number and
amount of the Check and (3) the name of the payee. We need at least four hours advance notice to be able to stop payment. We will not owe anything
to you or anyone else if we stop (or do not stop) a payment or cancel (or do not cancel) a stop payment request. We may charge a Stop Payment Fee,
whether or not we actually stop payment.
17.
Currency Conversion: You may use your Card for Purchases at foreign merchants and for cash withdrawals from foreign ATMs that display the American Express
logo. (To find your nearest ATM please visit www.americanexpress.com/atmlocator.) If you make a charge or cash withdrawal in a foreign currency, American
Express will convert it into U.S. Dollars on the date that American Express or American Express' agents process it, which may be different than the date of the
transaction. Unless a particular rate is required by law, the rate American Express uses to convert transactions in foreign currencies to U.S. Dollars is no more than
the highest official rate published by a government agency or the highest interbank rate from customary banking sources on the conversion date or the prior
business day. This rate may differ from the rates that are in effect on the date of your charge or withdrawal. Charges that are converted directly by a merchant
(such as airlines) will be at the rates they use. If your transaction is in a foreign currency, we will add a Foreign Transaction Fee INTEREST CHARGE of 3% of the
Purchase transaction or 3% of the ATM transaction, 1% of which will be for the account of American Express. If you make a transaction in U.S. Dollars outside the
United States (including charges made from websites outside the United States), we will add a Foreign Transaction Fee INTEREST CHARGE of 3% of the Purchase
transaction or 3% of the ATM transaction, 1% of which will be for the account of American Express.If you make a return or get a refund, the same procedures
apply. The amount of any return or refund credit to your Account may be slightly different from the amount of the original transaction because the exchange rate
changes from day to day.
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18.
Default: If you do or fail to do certain things, you will be in default under this Agreement. If you are in default, we have certain rights and you have certain duties
under this Agreement. In deciding whether you are in default and in using any of our rights, we will follow applicable law.
a.
Events of Default: We may decide you are in default if you:
Fail to make a payment on this Agreement or any other agreement with us when due;
Go over your credit limit;
Make a payment that is not paid by your bank;
Fail to do anything this Agreement requires;
Do anything this Agreement prohibits;
File or have filed against you a bankruptcy petition;
Die, become legally incompetent or go to jail;
Give us false or incomplete credit information, false signatures or make any material misrepresentation;
Lose your Card or Checks (including if they are stolen).
We also may decide you are in default if (1) we find you no longer qualify for any APR or credit limit then in effect on your Account or (2) we believe
in good faith that you will not be able to pay what you owe for any other reason.
b.
What Happens When You Are in Default: We may (1) suspend or terminate your credit privileges, (2) close your Account and/or (3) ask you to pay the
full amount you owe right away. We will tell you first before doing these things if an applicable law requires us to. You still have to pay all amounts you
owe us.
19.
Collection Costs: Except as provided below or if an applicable law says we may not, we may charge you for costs we have to pay to collect what you owe after
default. These costs may include reasonable fees to attorneys who are not our paid employees. We will not charge you for our collection costs if you owe us $300
or less. We will not charge attorneys' fees that exceed 15% of the unpaid debt if you live in Colorado, Georgia, Kansas, Maine, Missouri, Montana, North Carolina,
Oklahoma or South Carolina, 20% of the amount due if you live in New York, or 25% of the unpaid debt if you live in Louisiana. We will not charge attorneys' fees if
the principal amount you owe us is less than $1,000 and you live in Idaho or Wyoming. We will not charge collection costs other than attorneys' fees if you live in
Colorado, Delaware, Idaho, Indiana, Kansas, Louisiana, Maine, Maryland, New York, North Carolina, Oklahoma, South Carolina or Wyoming. We will not charge you
attorneys' fees, court costs or other collection costs incurred as a result of your default if you live in lowa, Pennsylvania, West Virginia or Wisconsin.
20. Closing Your Account:
a.
We May Limit Use Of or Close Your Account: We may (1) temporarily take away your ability to make transactions or otherwise use your Account, (2)
delay reissuing your Card, or (3) close your Account. We may do these things at any time, but will tell you first if an applicable law requires us to. You
must destroy all Cards and unused Checks if we tell you to. You still have to pay all amounts you owe us. If you are not in default when your Account is
closed, you may pay off the balance under the terms of this Agreement that apply at that time. We can use all the rights and remedies we have under
this Agreement until all amounts are repaid. We will not owe anything to you or anyone else if we do any of these things.
b.
You May Close Your Account: You may close your Account at any time by telling us in writing. You must destroy all Cards and unused Checks if we
tell you to. You still have to pay all amounts you owe us. If you are not in default when you close your Account, you may pay off any balance under the
terms of this Agreement that apply at that time.
21.
Information About You and Your Credit: You promise that the information you gave us to open your Account is true. You also promise to tell us right away and
to stop using the Account if (1) you plan to file for bankruptcy, or (2) are otherwise unable to pay your debts. We may look again at your financial condition and
credit standing at any time and for any reason. We may get a current credit report or ask you for current financial information or documents. For example, we may
ask about your property and debts. We also may ask for copies of your tax returns or verification of your employment and income. You agree to let us do this
and help with any investigation of your credit record. A negative credit report reflecting on your credit record may be submitted to one or more credit reporting
agencies if you fail to fulfill your obligations under this Agreement.
22. Inaccurate Information: Write to us at the address in Section 1(a) if you believe that (1) we have information about you that is inaccurate or (2) we have reported
or may report inaccurate information about you to a credit reporting agency. Tell us exactly what information you believe is inaccurate.
23.
Authorized Users: You agree not to allow access to your Card, Account number, Convenience Checks, or personal identification number (PIN) to anyone else
to use your Account, except by asking us to issue a Card to grant Account access to another person. If you allow access to your Card or Account information,
you will be liable for any charges made by that person, unless and except as expressly required by applicable law. You agree to be responsible for all Account
transactions made by a Cardmember, or anyone who you have authorized by (a) asking us to issue a Card to grant Account access to another person; (b) lending
your Card to or allowing Account access by another person; or (c) any other way in which you would be legally considered to have allowed another person to
use your Account or to be legally prevented from denying that you did SO. Your account does not permit you to limit the nature or amount of authority you give
to any authorized user.
24. Liability For Unauthorized Use: If you notice the loss or theft of your Card or a possible unauthorized use of your Card, you should write to us immediately at
Compass Bank Card Center, P.O. Box 2210, Decatur, Alabama 35699-0001, or call us at 1-800-239-5175. 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, if any, will not exceed $50,
subject to applicable law.
Page 6 of 10
25.
Telephone Monitoring; Consent to Communication: To make sure our employees give accurate and courteous customer service, sometimes your call may be
monitored by a second employee and/or recorded. You agree to this monitoring and recording. If we need to contact you to service your account or to collect
amounts you owe, you authorize us (and our agents, affiliates or third-party vendors) to contact you using (1) any information or phone numbers (including
cell phone numbers) you provide to us on your Application or otherwise, and (2) an automated telephone dialing system and/or artificial or prerecorded voice
message, even if you are charged for the call under your phone plan.
26.
We Do Not Give Up Our Rights by Not Using Them: Sometimes we might decide not to do something we could do under this Agreement, like charging you a
fee. Or, we might decide to do something less than what we could do, like charging you a lower fee or wait a few days before charging a fee. If we do this one or
more times, this does not mean we have to do it again. We can do all the things this Agreement allows in the future, even if we did something different one or
more times in the past. We also might decide, for example, to:
Accept late or partial payments;
Give you more time to make a Minimum Payment Due;
Reduce or not charge any interest or fee you would otherwise owe;
Let one or more of you out of your promises under this Agreement without telling the others or letting them out of their promises.
If we do any of these things, we will not lose any of our rights under this Agreement.
27. Authorizing Transactions; Acceptance of Your Card: We may limit the number or dollar amount of transactions on your Account. We do not have to authorize
any transaction, even if you have credit available. For example, we might not authorize a transaction if we need to verify your Account status. A merchant does
not have to accept your Card, Checks or Account. We will not owe anything to you or anyone else if (1) we do not authorize a transaction, regardless of the reason,
or (2) a merchant will not accept your Card, Checks or Account. Also, we will not owe anything to you or anyone else for goods or services you bought or leased
using your Account.
28. Assignment; Binding Effect; Severability: We may sell or give your Account, this Agreement and our rights or duties under this Agreement to any other person
or company. We can do this at any time without telling you first or getting your permission. You may not sell or give your Account or any of your rights or duties
under this Agreement to any other person or company. This Agreement will be binding on your heirs and legal representatives. This means they may have to pay
if you die or become legally incompetent. If a court with proper authority finds any part of this Agreement is not valid or cannot be enforced, the other parts still will
apply. It is not the intention of the parties that anything in this Agreement should result in the assessment (charge, collect, or receive) of interest, fees or charges in
excess of those permitted by applicable law. If any interest, fee or charge assessed under this Agreement is finally determined to be in excess of that permitted by
applicable law, the excess amount will be applied to reduce the outstanding balance in your Account or, if there is no outstanding balance, will be refunded to you.
29. Dispute Resolution:
Arbitration: Either you or we may ask to settle disputes by arbitration. Arbitration is a way of working out disputes without going to court. If you or we ask for
arbitration, we would all meet with a person called an arbitrator. An arbitrator is like a referee or a judge. The arbitrator will listen to what you and we have to
say. The arbitrator will decide who is right. The arbitrator's decision is called an award. The party who wins the award can take it to any court that could have
heard the dispute and get an official judgment. Please read the rest of this section carefully. It explains how arbitration works.
Some Legal Rights May Not Be Available in Arbitration: After any party asks for arbitration of a dispute, neither you nor we can ask a court to hear
that dispute. There will be no jury trial of that dispute. You cannot be part of any class action relating to that dispute. The right to get information from
each other and other procedures may be more limited in arbitration than in court. With a few limited exceptions, the arbitrator's award will be final and
unchangeable. Other rights that you or we would have in a court also may not be available in arbitration.
What Disputes Are Covered: Any dispute that arises from or relates to this Agreement, your Account and any transaction involving the Account
will be settled by arbitration unless it is described below in "What Disputes Are Not Covered." This means that disputes about the following are
covered:
This Agreement, your Account or any transaction involving the Account;
Any advertisement, promotion or oral or written statement related to this Agreement or your Account;
Any relationships that result from this Agreement (including, as far as applicable law will allow, relationships with third parties who are
not parties to this Agreement or this arbitration provision);
The validity, interpretation, scope or enforceability of this Agreement (except for any challenge to the enforceability of this Dispute
Resolution section or any dispute about the parts of this subsection (a) about class disputes); and
Whether it is too late to settle a dispute because of any statute of limitations, estoppel, waiver, laches or similar legal rule.
It doesn't matter whether the dispute is based on contract, fraud, tort, intentional tort, statute, regulation, constitution, common law, equity or
otherwise. It also doesn't matter when the dispute began (whether before this Agreement, now or in the future). This arbitration provision will
continue to apply after this Agreement ends and/or after you or we close the Account.
What Disputes Are Not Covered: This arbitration provision does not cover any dispute:
That you or we could take to a small claims court, which usually limits its cases based on the amount of the claim; or
About the parts of this arbitration provision that prohibit class disputes.
Page 7 of 10
NO CLASS DISPUTES: YOU CANNOT JOIN TOGETHER IN A DISPUTE WITH ANYONE OTHER THAN PEOPLE WHO USE YOUR ACCOUNT.
EVEN IF OTHER PEOPLE HAVE DISPUTES SIMILAR TO A DISPUTE THAT YOU OR WE ASK TO ARBITRATE, THOSE PEOPLE AND THEIR
DISPUTES CANNOT BE PART OF ANY ARBITRATION BETWEEN YOU AND US. YOU CANNOT ARBITRATE ANY DISPUTE ON A CLASS
ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE BASIS. ONLY A COURT, AND NOT AN ARBITRATOR, MAY DECIDE
WHETHER THIS PROVISION PROHIBITING CLASS DISPUTES CAN BE ENFORCED.
Who Will Arbitrate: The American Arbitration Association ("AAA") or JAMS ADR ("JAMS") may arbitrate any dispute, or you and we may agree upon
a different arbitrator. For more information about arbitration, contact the AAA (www.adr.org or 1-800-778-7879) or JAMS (www.jamsadr.com or
1-800-352-5267). If for any reason the AAA or JAMS is unable or unwilling to arbitrate, or you and we cannot agree on an arbitrator, we will use
another national or regional arbitration group. The number of arbitrators will depend on the total dollar amount of all disputes by both you and
us. If the total is $250,000 or less, one arbitrator will hear the dispute(s). If the total is over $250,000, three arbitrators will hear the dispute(s). Each
arbitrator must be an active member in good standing of the bar for any state in the continental United States, and either: (a) actively engaged in
the practice of law for at least 5 years or (b) a retired judge.
What Rules Apply: The arbitration of any dispute will be conducted according to the rules of the arbitrator ("Rules"). If an arbitrator other than the
AAA is chosen, the Rules of the AAA will be applied to any circumstance that is not addressed by the Rules of the chosen arbitrator. If the total of
all disputes is $250,000 or less, we will use any expedited procedures in the Rules. If this Agreement and the Rules say something different, we
will follow this Agreement and not the Rules.
How To Start Arbitration: Either you or we may start an arbitration by giving written notice to the other party. At a minimum, this notice must
describe the subject of the dispute and the result requested in arbitration by the party giving the notice. If you ask us to arbitrate, you can choose
the AAA or JAMS, or suggest another national or regional arbitration group to arbitrate the dispute. If we ask you to arbitrate, we will give you 10
days to choose the AAA or JAMS, or to suggest another national or regional arbitration group. In either case, if you suggest an alternative to the
AAA and JAMS, we will work with you to determine if you and we can agree on a different group or arbitrator. If you and we are unable to agree,
the arbitration will be conducted by the AAA or, if the AAA is not available, by a similar arbitration group. The party asking for arbitration must file
a notice with the arbitration group following the Rules in effect at that time.
When a Party May Ask for Arbitration: You or we may ask for arbitration before or after a lawsuit has been filed. You or we must ask for arbitration
within the statute of limitations that would apply to the same dispute in court. If it is too late to resolve the dispute in court, it is also too late to
resolve it in arbitration.
What the Arbitrator(s) Must and May Not Do: Each arbitrator must:
Limit discovery to information that is directly relevant to the dispute and is not considered confidential or otherwise protected from
being made public. Discovery is the process by which you and we ask each other for information about the dispute;
Make decisions and awards based on the evidence and applicable substantive law and the rules of evidence used in federal courts;
Make decisions and awards only with respect to claims made by or against you individually;
Give a brief written explanation of the basis for the award upon request of either party; and
Make specific findings of fact and conclusions of law to support any award greater than $25,000.
Not make any award that would require you and us to continue any relationship we may have under this Agreement or otherwise.
Who Pays for Arbitration: There will be costs for arbitration. Contact the AAA or other arbitration group to find out what the arbitration charges
will be. You may have to pay some of the arbitration charges unless this Agreement, an applicable law or the Rules say we must pay. If the total
dollar amount of all disputes is $50,000 or less, we will pay that portion of the arbitration filing fee that is more than the cost of filing a lawsuit in
the federal court where you live. You can ask us to pay some or all of the other arbitration charges you have to pay, but we don't promise to do
as you ask. At the end of the arbitration, the arbitrator(s) will decide who has to pay for any arbitration charges that are greater than those we
agreed to pay. The arbitrator(s) also may order us to pay some or all of your attorneys, expert and witness fees. Unless ordered otherwise by the
arbitrator(s), each of us must pay for its own attorneys, expert and witness fees, no matter who wins.
Where Will Arbitration Take Place: Any arbitration will take place in the federal judicial district near your home. Or, you and we could agree that
arbitration will take place somewhere else.
What Law Applies: This arbitration provision is made pursuant to a transaction involving interstate commerce. The Federal Arbitration Act will
apply to the construction, interpretation and enforceability of this arbitration provision despite any other choice of law provision in this Agreement.
Other Rights and Remedies: Nothing in this arbitration provision will limit certain other rights you or we may have. This means that you or we
could, for example:
Get an injunction, which is a court order to stop someone from doing something; or
File an interpleader action, which is a type of lawsuit used to decide who owns property that more than one person claims to own.
If you or we do any of these things or take part in any other court case, it does not affect your or our rights under this arbitration provision.
What Happens If Part or All of This Arbitration Provision Cannot Be Enforced: Only a court and not an arbitrator can determine if any part of this
arbitration provision cannot be enforced. If a court with proper jurisdiction says that any part of the "No Class Disputes" subsection above (which
prohibits arbitration of class disputes) cannot be enforced, then none of the arbitration section in this Agreement will apply, and this section will be
considered deleted from the Agreement. If a court with proper jurisdiction says that any other part of this arbitration provision cannot be enforced,
then the rest of this arbitration subsection still will apply, including the "No Class Disputes" subsection above.
Page 8 of 10
Waiver Of Jury Trial: This provision limits your rights to a jury trial. You should review this section carefully. If you and we have any dispute related to
this Agreement, your Account, or any transactions involving your Account and (i) neither you nor we seek to compel arbitration of the dispute, or (ii)
some or all of the arbitration section is unenforceable and the dispute will be resolved in court, then you and we agree voluntarily and knowingly to
waive any right each may have to a jury trial to the fullest extent permitted by law.
Attorneys' Fees. In any action between you and us in court, the prevailing party will be entitled to receive from the other party an amount equal to the
reasonable attorneys' fees the prevailing party incurred in bringing or defending the court action.
California Residents: You understand and agree that interest is compounded under the terms of this Agreement.
Maryland Residents: You have the right under Maryland Commercial Law Code Section 12-510 to receive an answer to a written inquiry concerning the status of your
Account. Finance charges will be imposed on the outstanding balances from month to month in amounts or at rates not in excess of those permitted by law.
New Jersey Residents: Because certain provisions of this Agreement are subject to applicable law, they may be void, unenforceable or inapplicable in some jurisdictions.
None of these provisions, however, is void, unenforceable or inapplicable in New Jersey.
Washington Residents: Pursuant to WA ST § 63.14.167, you are not responsible for payment of any service charge resulting from the merchant's failure to transmit to
us within seven working days a credit for goods or services accepted for return or forgiven if you have notified us of the merchant's delay in posting such credit,
or
our
failure to post such credit to your account within three working days of our receipt of the credit.
NOTICE TO THE BUYER - DO NOT SIGN THIS CREDIT AGREEMENT BEFORE YOU READ IT OR IF IT CONTAINS BLANK SPACES. YOU ARE ENTITLED TO A COPY OF
THIS AGREEMENT. KEEP IT TO PROTECT YOUR LEGAL RIGHTS.
RETAIL INSTALMENT CREDIT AGREEMENT
Signatures:
You: Any handwritten, electronic or digital signature provided by you or any person whom you allow to use the Account on any document in connection with opening
or using your Account serves as your signature on this Agreement.
Bank: We have signed this Agreement as follows:
/s/ A. Smith
A. Smith
Vice President
Compass Bank
Your Billing Rights: Keep This Document For Future Use
This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act.
What to Do If You Find a Mistake on Your Statement
If
you think there is an error on your statement, write to us at the payment address shown on your bill.
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.
Page 9 of 10
While we investigate whether or not there has been an error:
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.
Your Rights If You Are Dissatisfied With Your Card Purchases
If you are dissatisfied with the goods or services that you have purchased with your 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 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 Card for the Purchase. Purchases made with cash advances from an ATM or with a check that accesses your 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 the payment address shown on your bill.
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.
The BBVA Compass American Express Card is issued by Compass Bank pursuant to a license from American Express. American Express is a federally registered service
mark of American Express. BBVA Compass is a trade name of Compass Bank, a member of the BBVA Group. Compass Bank, Member FDIC. Rev. 09/2014 / #2046
Page 10 of 10
BBVA Compass NBA American Express Card
These terms are accurate as of September 30, 2016 but may have changed after that date. You can always find out the
current terms by contacting us at: Compass Bank, P.O. Box 2210, Decatur, AL 35699, or 1-844-622-2282.
Interest Rates and Interest Charges
Annual Percentage Rate
Prime + 5.99% to 25.99%, based on your credit worthiness
(APR) for Purchases
This APR will vary with the market based on the Prime Rate.
APR for Balance Transfers
Prime + 5.99% to 25.99%, based on your creditworthiness.
This APR will vary with the market based on the Prime Rate.
APR for Cash Advances
Prime + 18.99% to 25.99%, based on your creditworthiness
This APR will vary with the market based on the Prime Rate.
How to Avoid Paying
Your due date is at least 25 days after the close of each billing cycle. We will not charge
Interest
you interest on purchases if you pay your entire balance by the due date each month. We
will begin charging interest on cash advances and balance transfers on the transaction
date.
Minimum Interest Charge
If you are charged interest on purchases, the charge will be no less than $1.
For Credit Card Tips from
To learn more about factors to consider when applying for or using a credit card,
the Consumer Financial
visit the website of the Consumer Financial Protection Bureau at:
Protection Bureau
http://www.consumerfinance.gov/learnmore
Fees
Annual Fee
$0
Transaction Fees
Cash Advance
Either $10 or 4% of the amount of each cash advance, whichever is greater
Balance Transfer
Either $10 or 4% of the amount of each transfer, whichever is greater
Foreign Transaction
3% of each transaction
Penalty Fees
Late Payment
Up to $37
Over-the-Credit Limit
Up to $37 (but only if you have authorized transactions over your credit limit)
Returned Payment
Up to $27
How We Will Calculate Your Balance: We use a method called "daily balance." See account agreement for more details.
For each billing cycle, we use the Prime Rate from The Wall Street Journal two business days before the Statement Date for that billing cycle. Your
APRs may increase if the Prime Rate increases. If your APRs increase, the amount of interest you will owe and the Minimum Payment Due may
increase.
*The Foreign Transaction Fee of 3% applies to each transaction made (1) in a foreign currency, (2) outside of the United States (including charges made
from websites outside the United States), or (3) with a foreign merchant, even if that transaction is made in U.S. dollars. For each such transaction,
American Express retains 1% of the transaction amount and BBVA Compass retains 2%. For transactions made in a foreign currency, the 3% fee is
assessed after conversion to U.S. dollars. We may charge a Foreign Transaction Fee for each transaction (including returns or refunds) at the time we
add the transaction to your Account.
Other Fees: To the extent permitted by applicable law, the following fees apply: Returned Check Fee - Up to $27; Stop Payment Fee - $29; Expedited
Delivery Fee - amount determined at time of request; Document Fees - $5 to $37 depending upon the item; Transfer Fee (for direct deposit of Cash
Advance to your checking account) - $25; Expedited Payment Fee - $15; Skip Payment Fee (if offered by us, accepted by you and your Minimum
Payment Due would have been $200 or more) - $35; Rate Reduction Fee (if offered by us and accepted by you) - $75.
The NBA identifications are the intellectual property of NBA Properties, Inc. © 2014 NBA Properties, Inc. All Rights Reserved. The BBVA Compass NBA
American Express Card is issued by Compass Bank pursuant to a license from American Express. American Express is a federally registered service
mark of American Express. BBVA Compass is a trade name of Compass Bank, a member of the BBVA Group. Compass Bank, Member FDIC