BBVA Compass Credit Card & Security Agreement 
(May Not Be Available to Residents of All States) 

Thank you for choosing BBVA Compass! This Agreement contains the current terms and conditions of your 
Account.  Your Application, Card Mailer, and any other document we provide you that indicates it is part of, or 
amends this Agreement, are also part of this Agreement.  Keep them for your records.  Please read this 
Agreement, including the pricing information, carefully.  A “Definitions” section is at the end of this Agreement. 

GETTING STARTED 

ACCEPTANCE OF THIS AGREEMENT  
Subject to applicable law, you accept this Agreement if you or someone authorized by you use the Account.  We 
accepted this Agreement in Alabama.  This Agreement includes an arbitration section. 

PROMISE TO PAY 
You promise individually and jointly to pay us for all amounts due on your Account.  This includes any illegal or 
internet/online gambling transactions you make. 

SECURITY AGREEMENT (Applicable only to Optimizer Card) 
To have an Optimizer Card Account, we require you to also have a savings account with us. In this Agreement, 
we call this savings account the “Collateral Account.”  You give us a security interest in the Collateral Account.  
You also give us a security interest in all additions to and all proceeds of the Collateral Account. The Collateral 
Account is held by us as security for your promise to pay under this Agreement. You may not withdraw any funds 
from  the  Collateral  Account.  You  may not  give a security  interest  or  transfer  any  other  interest  in  the Collateral 
Account  for  any  reason.  Any  attempt  to  give  a  security  interest  or  transfer  any  other  interest  in  the  Collateral 
Account  will  be  ineffective  and  void.  We  may  provide  special  instructions  and  requirements  for  deposits  to  the 
Collateral Account. If you do not follow those instructions or requirements, we will have no liability for any delay or 
failure in depositing any funds to the Collateral Account. 

You may not close the Collateral Account until all amounts owed under this Agreement have been fully paid and 
you no longer have any right to use your Account. If you are in default under this Agreement or your Account is 
closed for any reason, we may, immediately and without giving you notice: (1) apply part or all of the funds in the 
Collateral  Account  to  any  amount  you  owe  under  this  Agreement;  and  (2)  retain  any  funds  in  the  Collateral 
Account for up to 60 days in order to cover any transactions, fees or charges relating to use of the Account before 
it was closed. 

In the event of a conflict between the terms of this Agreement and those of the Collateral Account agreement, the 
terms of this Agreement will apply. 

CHANGING THIS AGREEMENT 
The rates, fees, and terms of this Agreement may change from time to time.  We may change any term to 
this Agreement unless an applicable law says we may not.  You may not change this Agreement unless we 
agree in writing. If required by law, we will give you advance written notice and any right to reject the change(s). 

NOTICE AND CONTACT INFORMATION 
We will send statements and other notices to the address you give us.  If you agree and as permitted by law, we 
may provide this information electronically.  You promise to tell us right away if that address or contact information 
changes. If you have a joint Account, 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. 

CONTACT US 
Unless and until we tell you otherwise, contact us regarding your Account, or to request a service related to your 
Account, at: For Optimizer, ClearPoints, and Personal Line of Credit Cards: 1-800-239-5175; For Signature and 
Select  Cards:  1-866-681-0484;  or  for  any  Cards  at  Compass  Bank  Card  Center,  P.O.  Box  2210,  Decatur, 
Alabama 35699-0001. 

USING YOUR ACCOUNT 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
PERMITTED USES 
You may use your Account for transactions, such as Purchases, Cash Advances, and Balance Transfers.  You 
may not use it for any illegal or Internet/online gambling transactions.  We may issue you Checks to make Cash 
Advances.  You may not use a Check to pay any amount you owe us.  We may make you special offers, such as 
reduced promotional interest rates.  These offers may have different terms.  Except as we tell you in the offer, the 
rest of this Agreement will still apply.  You may set up automatic billing with a merchant.  If your Account number, 
Card  expiration  date  or  other  Account  information  changes,  you  authorize  us  to  provide  the  information  to  any 
such merchant at our discretion.  You must contact the merchant directly if you wish to stop automatic billing. 

AUTHORIZED USERS 
You  may  request  additional  Cards  for  Authorized  Users.    You  will  be  liable  for  any  charges  made  by  any 
Authorized User and anyone else they allow to use your Account.  This will be true even if you did not want, or 
agree to, the particular use.  You must notify us if you wish to cancel the authority of an Authorized User. 

CREDIT AUTHORIZATIONS 
Subject to applicable law, we may limit or not authorize a transaction for any reason.  We will not be liable if we do 
so, or if (1) we close your Account; (2) anyone refuses your Card, Check, or Account; (3) we stop (or do not stop) 
a payment on a Check.  Also, we will not be liable for goods or services you bought or leased using your Account. 

CREDIT LIMITS 
We  will  tell  you  your  Account  credit  limit(s).  We  may  give  you  different  limits  for  different  types  of  transactions.  
We may change any of your limits at any time. We may delay increasing your available credit for up to ten (10) 
days after you make a payment. 

For the Optimizer, ClearPoints, and Personal Line of Credit Cards, if the balance on your Account (or on any type 
of transaction) goes over the credit limit, you must pay the amount that is over the limit right away. 

For all other cards, if the balance on your Account (or on any type of transaction) goes over the credit limit, you 
must pay the amount that is over the limit right as part of your next Minimum Payment Due. 

For the Optimizer Card, you may increase your credit limit by making a deposit of $100 or more in the Collateral 
Account.  For each deposit you make, we automatically will increase your credit limit by 90% of your deposit.  An 
increase  to  your  credit  limit  will  not  become  effective  until  we  have  collected  payment  on  each  check  or  other 
items  deposited  into  the  Collateral  Account.    This  may  take  up  to  30  days.    You  may  not  decrease  your  credit 
limit. 

If you have told us that you want Overlimit Transactions on your Account and Overlimit fees are shown on your 
Card Mailer or otherwise provided to you, we may charge you an Over-the-Credit Limit Fee. You may tell us you 
want (or do not want) Overlimit Transactions at any time 

INTEREST 

HOW WE CALCULATE INTEREST CHARGES 
We  calculate  interest  charges  each  billing  cycle  by  calculating  the  daily  balance  for  each  type  of  balance, 
including: Purchases, Cash Advances, Balance Transfers and any balances subject to a special offer.  We start 
with the beginning balance for each day.  The beginning balance is the prior day’s daily balance plus any interest 
charge from the prior day.  Then, we add new transactions, debits and fees.  Next, we subtract any new payments 
or credits.  We also make any other appropriate adjustments, such as the grace period on Purchases.  This gives 
us  the  daily  balance  for  that  type  of  balance.    We  multiply  the  daily  balance  for  each  balance  type  by  its  daily 
periodic rate.  We do this for each day in the billing cycle.  This gives us the interest charges for each balance 
type.  We add up all the daily interest charges.  The sum is the total interest charge for the billing cycle.  We may 
use mathematical formulas or computer programs which produce equivalent results to calculate the daily balance, 
interest charges and related amounts. 
NOTE: This method of calculating interest results in charging interest on unpaid interest (also known as 
compounding interest). 

PAYING INTEREST 
Except  for  transactions,  fees  or  charges  not  subject  to  interest,  we  start  charging  interest  as  follows:  (1)  if  a 
transaction,  fee,  or  interest  charge  occurs  and  is  added  to  your Account  during  the  same billing cycle, we start 

2 

 
 
 
 
 
 
 
 
 
 
 
 
 
charging interest on the date it occurs;  or (2) if a transaction, fee, or interest charge occurs during a billing cycle 
and  is  added  to  your  Account  in  a  subsequent  billing  cycle,  we  start  charging  interest  from  the  first  day  of  the 
billing cycle in which it is added to your Account.  You can avoid paying interest on Purchases as described 
below, but you cannot avoid paying interest on Cash Advances or Balance Transfers.  If you paid the entire 
balance for the previous billing cycle by its Payment Due Date (or it was zero or a credit balance), new Purchases 
added to your Account during the current billing cycle will not be charged interest if they are paid by the current 
Payment Due Date.  We may continue to charge interest until you pay the full account balance. 

INTEREST RATES 
The interest rates that apply to your Account are shown on the Card Mailer and each billing statement. We divide 
each APR by 365 to get the daily periodic rate (DPR) used to calculate interest charges. 

FEES 

Subject to any limitation of applicable law, you agree to pay and we may charge the following fees in the 
amounts shown on your Card Mailer or otherwise provided to you. The following fees may not apply to all 
accounts. Please review your Card Mailer and pricing disclosures.  Unless otherwise specified, these fees 
are included in the Purchase balance. 

ANNUAL FEE 
If  you  are  charged  an  Annual  Fee,  the  fee  will  be  charged  to  your  Account  shortly  after  the  time  it  is  opened 
unless  otherwise  indicated.    For  each  year  that  your  Account  remains  open,  the  fee  will  be  charged  during  the 
same month that it was initially charged. 

TRANSACTION FEES 
The Cash Advance fee will be included in the Cash Advance balance.  The Balance Transfer Fee will be included 
in the Balance Transfer balance.  The Foreign Transaction Fee will be included in either the Purchase or Cash 
Advance balance depending on the transaction type. 

The Foreign Transaction Fee applies to each transaction made in a foreign currency, outside of the United States, 
or  with  a  foreign  merchant,  even  if  that  transaction  is  made  in  U.S.  dollars,  including  returns  or  refunds.  If  you 
make  any  transaction  in  a  foreign  currency,  we  or  the  Payment  Network  will  convert  it  to  U.S.  dollars.    The 
Payment Network will use its own currency conversion procedures in effect at that time.  Unless a particular rate 
is required by law, the conversion rate will be no more than the highest interbank rate from customary banking 
sources.  The conversion rate used may differ from the conversion rate on the date you made the transaction.  

PENALTY FEES 
The CFPB may adjust penalty fee amounts annually to reflect changes to the Consumer Price Index (CPI), and 
we may change such fees to reflect the 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. If we do not receive at least the Minimum Payment Due by the Payment Due Date, we will charge you 
a Late Fee. This fee will never exceed the Minimum Payment Due that was due immediately prior to the date on 
which the fee was assessed. 

Over-the-Credit  Limit  Fee.  If  you  have  told  us  that  you  want  Overlimit  Transactions  on  your  Account  and 
Overlimit  fees  are  shown  on  your  Card  Mailer  or  otherwise  provided  to  you  and  we  authorize  any  Overlimit 
Transaction, we may charge you an Over-the-Credit Limit Fee.  This fee will never exceed the amount by which 
your Account goes over your credit limit during the billing cycle in which the fee is assessed.  We will charge the 
fee only once for any billing cycle, regardless of the number of Overlimit Transactions during that cycle.  If your 
Account balance remains over your credit limit due to the same Overlimit Transaction(s), we will charge the fee 
only once for each of the next two billing cycles. 

Returned  Payment  Fee.  If  you  make  a  payment  that  is  not  honored  by  your  financial  institution  or  is  returned 
unpaid for any reason, we will charge you a Returned Payment Fee.  We will charge this fee even if the payment 
is later honored or paid. This fee will never exceed the Minimum Payment Due that was due immediately before 
the payment was returned. 

OTHER FEES 

3 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
Returned Check Fee. If we return a Check for any reason, we may charge you a Returned Check Fee.  This fee 
will never exceed the amount of the Check returned. 

Stop  Payment  Fee.  If  you  request  a  stop  payment  on  a  Check,  we  may  charge  you  a  fee  for  each  request, 
whether or not we actually stop payment and subject to applicable law.  This fee will be included in a balance not 
subject to interest. 

Expedited Delivery Fee. If you request and we arrange for expedited delivery of any Card or Checks to you (for 
example, by an overnight delivery service), we may charge you a fee.  The fee amount will be disclosed to you at 
the  time  of  the  request,  and  you  will  have  the  opportunity  to  agree  to  the  fee.    This  fee  will  be  included  in  a 
balance not subject to interest. 

Document Fee. We may charge you the reasonable cost of researching, compiling and otherwise providing you 
copies of sales slips or Checks, duplicate copies of billing statements, or other account documentation that you 
request.  There will be no charge for any item you request in good faith in connection with the resolution of any 
disputed billing matter. 

Transfer Fee. If you request us to deposit a Cash Advance directly in your checking account, and we honor your 
request,  we  may  charge  a  fee  in  addition  to  the  Cash  Advance  Fee.    This  fee  will  be  included  in  the  Cash 
Advance balance. 

Expedited  Payment  Fee.    If  you  request  us  to  expedite  payment  on  your  Account  by  debiting  any  deposit  or 
other account you designate, and we honor your request, we may charge you a fee.  This fee will be included in 
the Cash Advance balance. 

Skip  Payment  Fee.  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 may charge you a fee.  This fee will be included in the Cash 
Advance balance. 

Rate Reduction Fee. 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, we may charge you a fee.  We may charge this fee even if the reduction 
is only temporary or for a limited time period.  We will tell you about the fee orally or in writing at the item we offer 
or agree to the reduction. This fee will be included in the Cash Advance balance. 

PAYMENTS 

STATEMENTS 
We will send you a statement at the end of each billing cycle if applicable law requires.  Read each statement as 
soon  as  you  get  it.    Tell  us  right  away  if  you  see  any  error  or  problem.    Your  statement  will  show  important 
information about your Account, including the New Balance, Minimum Payment Due, Payment Due Date and the 
Statement Date. 

MINIMUM PAYMENT DUE 
You  may  pay  any  or  all  of  the  balance  on  your  Account  at  any  time  without  incurring  any  additional 
charge  for  prepayment.    Each  billing  cycle,  you  must  pay  at  least  the  Minimum  Payment  Due  by  the 
Payment Due Date. 

For  the  Optimizer  Card,  your  Minimum  Payment  Due  will  be  the  greater  of:  $10;  or  5%  of  the  New  Balance, 
rounded  up  or  down  to  the  nearest  dollar  plus  past  due  amounts  and  any  amount  over  your  credit  limit(s).  
However if the New Balance is less than $10, you must pay the entire New Balance. 

For the ClearPoints and Personal Line of Credit Cards, if all of your APRs are 23.49% or lower, your Minimum 
Payment Due will be the greater of: $10; or 2% of the New Balance, rounded up or down to the nearest dollar plus 
past due amounts and any amount over your credit limit(s).  However, if the New Balance is less than $10, you 
must pay the entire New Balance. If any of your APRs is over 23.49%, your Minimum Payment Due will be $15 
plus any interest you owe for that billing cycle, 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, any unpaid 
Minimum Payments Due from previous bills and any amount over your credit limit(s). 

4 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
For the Signature and Select Cards, if all of your APRs are 23.49% or lower, your Minimum Payment Due will be 
the greater of: $10; or 2% of the New Balance or the amount of your credit limit, whichever is less, rounded up or 
down to the nearest dollar plus past due amounts and any amount over your credit limit(s).  However, if the New 
Balance  is  less  than  $10,  you  must  pay  the  entire  New  Balance.  If  any  of  your  APRs  is  over  23.49%,  your 
Minimum Payment Due will be $15 plus any interest you owe for that billing cycle, 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, any unpaid Minimum Payments Due from previous bills and any amount over your credit 
limit(s). 

For  all  cards,  we  may  let  you  skip  a  payment.    We  will  tell  you  when  you  can  skip  a  payment.    If  you  skip  a 
payment,  you  will  owe  the  Skip  Payment  Fee  and  interest  for  the  skipped  billing  cycle,  you  will  lose  any  grace 
period that otherwise would apply, and you must pay the regular Minimum Payment Due for the next billing cycle. 

MAKING PAYMENTS 
You must follow the payment instructions on your statement or otherwise provided.  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 by phone, online, mobile application 
or other means, we will tell you when it will be credited. You must pay us in U.S. dollars.  We do not accept cash 
through the mail.  We can accept late payments, partial payments or payments marked “payment in full” or 
with any other restrictive endorsement without losing any of our rights under this Agreement. 

HOW WE APPLY PAYMENTS 
We apply your Minimum Payment Due to pay down balances on your Account in our discretion, unless applicable 
law  says  we  may  not.    We  apply  amounts  you  pay  that  exceed  the  Minimum  Payment  Due  to  balances  with 
higher APRs before balances with lower APRs. 

ABOUT OUR RELATIONSHIP 

LIABILITY FOR UNAUTHORIZED USE 
If your Card is lost or stolen or you believe someone is using your Card without your permission, contact 
us  immediately.    You  will  not  be  liable  for  any  unauthorized  use  that  occurs  after  you  notify  us.  Subject  to 
applicable law, you may be liable for unauthorized use that occurs before your notice to us. Your liability, if any, 
will not exceed $50. 

COMMUNICATIONS CONSENT AND MONITORING 
You authorize us (and our affiliates, agents and contractors) to contact you via any means you have provided us.  
This  includes  phone (including  cell  phone) calls and  texting,  as  well  as  email,  even  if  you  are charged  for  it  by 
your provider.  If we need to contact you for informational purposes, to service your Account or collect amounts 
you owe, we may contact you using an automated dialer or using prerecorded messages. You agree that we (and 
our affiliates, agents and contractors) may monitor or record any communications between you and us.   

INFORMATION ABOUT YOU AND YOUR CREDIT 
You authorize us to obtain and review your financial condition, credit report(s), employment, income, and related 
information  and  documentation  at  any  time  and  for  any  reason.    You  agree  to  help  with  this.    We  may  provide 
information about you and your Account to credit reporting agencies and others.  We may provide information to 
credit reporting agencies and others about this Account in the name of an Authorized User.  If you think we have 
or have provided information that is incorrect, write to us and list the specific information you believe is inaccurate. 

CLOSING YOUR ACCOUNT 
You may close your Account.  Unless applicable law says we may not, we may close, suspend, or not renew your 
account or not reissue your Card without notice.  You must follow the closure requirements we tell you.  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. 

DEFAULT 
You are in default if: 

•  You file a bankruptcy petition or have a bankruptcy petition filed against you; 
•  We have reasonable belief that you are unable or unwilling to repay your obligations to us; 

5 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
•  You die, become legally incompetent or go to jail; 
•  You lose your Card or Checks (including if they are stolen); 
•  We find you no longer qualify for any APR or credit limit then in effect on your Account; or 
•  You  fail  to  comply  with  the  terms  of  this  Agreement  or  any  Agreement  with  us  or  an  Affiliate,  including 
failing  to  make  a  payment  when  due,  exceeding  your  credit  limit  (for  the  Optimizer,  ClearPoints  and 
Personal  Line  of  Credit  Cards  only),  using  your  Card  or  Account  for  an  illegal  transaction,  or  giving  us 
false or incomplete credit information, signatures, or material representations. 

If  you  are  in  default,  we  may  (1)  suspend  or  terminate  your  credit  privileges,  (2)  close  your  Account  and/or  (3) 
declare the entire balance of your Account immediately due and payable without notice. 

COLLECTION COSTS 
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 or to the extent an applicable law says we may not. 

OTHER IMPORTANT INFORMATION 

GOVERNING LAW 
This Agreement is governed by applicable federal law and by Alabama law, without regard to its conflicts 
of law provisions. 

OUR RIGHTS 
We may delay exercising or not exercise any rights under this Agreement without losing or waiving any of them.   

ASSIGNMENT 
We may sell, assign or transfer your Account, this Agreement and our rights or duties under this Agreement or 
any portion of it without notice to you.  You may not sell, assign or transfer your Account or any of your rights or 
duties under this Agreement without first obtaining our prior written consent. 

SEVERABILITY 
If any part of this Agreement is found to be invalid, the rest of it will remain in effect.  It is not the intention of the 
parties that anything in this Agreement should result in the assessment (charge, collection, or receipt) 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 on your Account or, if there is no outstanding balance, will be refunded 
to you. 

STATE SPECIFIC DISCLOSURES 

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. 

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.  

6 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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.”  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: (1) That you or we could take to a small claims court, which 
usually limits its cases based on the amount of the claim; or (2) about the parts of this arbitration provision that 
prohibit class disputes. 

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 

7 

 
 
 
 
 
 
 
 
 
 
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 DO 

Each arbitrator must: 

o 

o 

o 
o 
o 
o 

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:  

o 
o 

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.   

8 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
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. 

DEFINITIONS 

Account – Your arrangement with us for credit and other services under this Agreement. 
Agreement – The current terms and conditions of your Account as contained within this document, your 
Application, your Card Mailer, any other document we provide you that indicates it is part of, or amends the terms 
and conditions of your Account. 
Application – The application or solicitation you signed, submitted, or otherwise gave us to ask for the Account.  
An application could be written, electronic, or as otherwise permitted by law. 
Authorized User – Any person you authorize to use your Account or a Card, whether you notify us or not. 
Balance Transfers - A balance from another creditor paid directly by us and transferred to your Account.  If we 
approve your request, we will pay the other creditor directly.  Balance Transfers are Cash Advances, except that 
the APR for Purchases (and not the APR for Cash Advances) will apply to Balance Transfers. 
Cash Advances - The use of your Account to obtain cash or other advances: 

• From us or any participating financial institution or automated teller machine (ATM); 
• By using a Check; 
• By purchasing items that can be traded right away for cash, such as wire transfers, money orders, traveler’s 

checks, lottery tickets or casino chips; 

• By placing bets or wagers (if legal) or 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. 

Card – Any access device for your Account we give you or an Authorized User to obtain credit, including physical 
cards, Account numbers, Checks and electronic form factors or cryptologic keys. 
Card Mailer – Account documentation containing your Card, your initial or subsequent credit limit, Account 
number(s), account opening disclosures and pricing information, or other information about the terms and 
conditions of your Account. 
Check – Any check we send to you to access your Account.  Checks are Cash Advances. 
Purchases – the use of your Account to purchase or lease goods or services from participating merchants. 
New Balance – The unpaid balance at the end of the billing cycle. 
Minimum Payment Due – Minimum amount of your payment. 
Payment Due Date – The date your next payment is due. 
Payment Network – Visa, MasterCard, American Express, Discover, and their respective payment systems, or 
any other payment system that is enabled on, or otherwise specified for, your Account. 
Statement Date – The date of the statement. 
We, us, and our – Compass Bank and anyone to whom we give or sell your Account.  BBVA Compass is a trade 
name of Compass Bank, a member of the BBVA Group. 
You, your, and yours – You and any other person(s) who are contractually liable under this Agreement, including 
joint applicants and joint Account holders. 

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.  

Signatures: 

9 

 
 
 
 
 
 
 
 
 
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. 

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. 

10 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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. 

11 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
BBVA Compass ClearPoints Credit Card Account Pricing Information as of September 30, 2016 

This pricing information is accurate as of the date listed above, but may have changed after that date. You can 
always find out the most current pricing information by contacting us at: Compass Bank, P.O. Box 2210, Decatur, 
AL 35699 or 1-800-239-5175. 

Interest Rates and Interest Charges 

Annual Percentage Rate 
(APR) for Purchases 

Prime* + 5.99% to 19.99%, based on your creditworthiness  
This APR will vary with the market based on the Prime Rate. 

APR for Balance Transfers 

Prime* + 5.99% to 19.99%, based on your creditworthiness  
This APR will vary with the market based on the Prime Rate.  

APR for Cash Advances 

Prime* + 18.99% to 23.99%, based on your creditworthiness  
This APR will vary with the market based on the Prime Rate. 

Paying Interest 

Your 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 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 
the Consumer Financial 
Protection Bureau 

To learn more about factors to consider when applying for or using a credit card, 
visit the website of the Consumer Financial Protection Bureau at: 
http://www.consumerfinance.gov/learnmore 

Fees 

Transaction Fees 

•  Cash Advance 
•  Balance Transfer 
•  Foreign Transaction 

Either $10 or 4% of the amount of each cash advance, whichever is greater 
Either $10 or 4% of the amount of each transfer, whichever is greater  
3% of each transaction in U.S. dollars  

Penalty Fees 

•  Late Payment 
•  Over-the-Credit Limit  Up to $37 (if you have authorized transactions over your credit limit) 
•  Returned Payment 

Up to $27 

Up to $37 

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. 

BBVA Compass is a trade name of Compass Bank, a member of the BBVA Group. 

12