SUNTRUST
Secured Card Account Agreement
For each bolded word or phrase, the definition is provided at
SECURITY INTEREST
https://www.suntrust.com/PersonalBanking/EverydayBanking/CreditCards
and in the definitions section at the end of this Agreement.
Your Card Account is a secured account, meaning You have pledged collateral to ensure repayment of the Credit that SunTrust provides You and any
other debt that You owe SunTrust on Your Card Account.
Pledge of Collateral
In consideration for the Bank issuing this Card Account to You, You have opened a Savings Account called the "Secured Card Savings Account"
according to these parameters. The Savings Account must:
be titled in the same name(s) of the initial Cardholder(s) when the Card Account is opened and no other name(s);
be opened with a deposit that equals the amount of Your revolving Credit Limit; and
remain open during the duration of Your Card Account.
You cannot add/change Cardholders on Your Card Account after it is established, as the Cardholder and Savings Account owner names must match.
To secure all amounts You may owe, including but not limited to interest, fees, and charges, which accrue on Your Card Account and all of Your other
obligations on Your Card Account, You assign, transfer, and pledge a security interest in and grant the Bank all rights, title, and interest in the Savings
Account and in all renewals, additions, and funds/earnings of the Savings Account. If Your Savings Account is closed for any reason, SunTrust may
terminate Your Card Account in accordance with the terms of this Agreement.
The primary rules and regulations for your Savings Account are described in the Bank Rules and Regulations for Deposit Accounts booklet provided to
You separately. This Savings Account has additional terms/restrictions that include the following.
At all times during the duration of Your Card Account, You must maintain funds in the Savings Account that cover the amount of Your Credit
Limit.
You may not make withdrawals from the Savings Account while it secures Your Card Account. This restriction includes, but is not limited to,
withdrawals of any funds at a branch, through an ATM, through online transactions, through overdraft protection to a checking account, or by
any other method.
You are not allowed to make additional deposits to this Savings Account, except when additional deposit(s) is/are required for the Savings
Account balance to cover the Card Account Credit Limit.
No transfer of ownership of the Savings Account to another person upon death of the Cardholder(s) is permitted.
Right of Bank to Control and Use Savings Account
You agree that this security interest, pledge, and assignment provides the Bank the right to redeem, collect, and withdraw any part or the full amount
of
the Savings Account to satisfy Your obligations under this Agreement upon Your Default under this Agreement or if Your Card Account is
terminated for any reason. You acknowledge and agree that this security interest, pledge, and assignment gives the Bank exclusive control over the
Savings Account. You agree that if Your Card Account is closed for any reason, SunTrust may apply funds in the Savings Account to pay off any
Balance on the Card Account.
What SunTrust Does with Funds Remaining in Savings Account When Savings Account May Be Closed or is No Longer Required
1.
If You Default under this Agreement or Your Card Account is terminated for any reason and SunTrust must apply funds in the Savings Account
to pay off any outstanding Balance on Your Card Account, if funds remain in the Savings Account after SunTrust pays off the Balance on the
Card Account, SunTrust will remit these funds to You within 30 days after Your Card Account is closed.
2.
If SunTrust graduates You to an unsecured credit card account so that the Savings Account and security interest are no longer required and
Your Card Account is in good standing, You hereby authorize SunTrust to convert Your Savings Account to a personal savings account. This
personal savings account will be titled in the same name(s) as the Savings Account that secured Your Card Account. Your access to the personal
savings account will not be restricted. This means You may make additional deposits and withdrawals. SunTrust will waive the personal savings
account monthly maintenance fee of $4.00 when the personal savings account (a) contains a minimum daily balance of $300 or (b) has at least
one $5 transfer from a SunTrust checking account per month. Otherwise fees will apply - see:
https://www.suntrust.com/Static/Documents/Personal_Banking/Deposit Account Disclosures/FSRETAILE.pdffor full personal savings account
terms and conditions.
If You do not wish to maintain a personal savings account with these funds, call SunTrust at 800-786-8787 or visit a SunTrust branch after
SunTrust converts Your existing Savings Account to a personal savings account to request some other disposition of these funds, and
SunTrust will honor Your request.
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Duration of Security Agreement
Your security agreement will remain in effect until (a) all of Your debt to the Bank on Your Card Account has been paid in full and (b) all other
obligations secured by this Agreement have been fulfilled.
Waiver of Rights and Other Legal Matters regarding the Security Interest
You waive any right to require SunTrust to: (a) proceed against You, any other Cardholder, or Authorized User on Your Card Account; or (b) proceed
against or exhaust any security held under this security agreement before SunTrust pursues any other remedy in SunTrust's power. The Bank's rights
stated in this security agreement are in addition to any others SunTrust has under applicable law. If there is a conflict regarding this security interest
and any other agreement, this Agreement will control. You represent that no insolvency proceeding or general assignment for creditors is pending
that would affect Your grant of this security interest. You waive any defense You may have against SunTrust, associated with this security interest.
Enforcement of Security Interest
You hereby irrevocably appoint the Bank as attorney-in-fact to execute any instruments required to satisfy Your debt under the Card Account.
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Secured Card Account Agreement
For each bolded word or phrase, the definition is provided at
SUMMARY OF KEY TERMS
https://www.suntrust.com/PersonalBanking/EverydayBanking/CreditCards
and in the definitions section at the end of this Agreement.
When are You bound by the CA
Your Card Account Agreement with SunTrust starts and You agree to the terms when (1) You accept and/or
Terms?
sign the Card or (2) You or an Authorized User use(s) the Card or Account, thus obtaining Credit from
SunTrust.
What types of transactions might
You may use Your Card/Account to make legal Purchases, Cash Advances, Overdraft Advances and Balance
You make with the Card/Account
Transfers. You are responsible for transactions that You, other Cardholders, and Authorized Users make,
and how are these transactions
whether the transactions are legal or not.
itemized on Your bill each
Each type of transaction has different associated costs and terms; each transaction type and associated costs
month?
are grouped together and detailed in Your monthly Statement (Card Account bill) by transaction type. The
combined outstanding amount of each transaction type is Your New Balance due on Your Account each
month (Billing Period). You must pay all Interest Charges, fees, and Other Charges properly charged to Your
Account.
What You Pay, when, how, and
SunTrust will send You a monthly Statement (bill). You agree to pay all Authorized Charges on the
what happens if You pay late?
Statement. You have the option of paying in full the New Balance shown on each Statement or paying in
installments that at least equal the amount of the Minimum Payment shown on Your Statement. In either
case, the payment Due Date will be at least 25 days after the Closing Date of Your Statement.
The Minimum Payment will include any amount past due or over Your Credit Limit plus the greater of (1)
$20.00, (2) 2% of the New Balance, or (3) 1% of the New Balance plus current Interest Charges and Other
Charges. If the New Balance is less than $20.00, the Minimum Payment will be the New Balance. If You pay
more than the Minimum Payment, You still must make the Minimum Payment on subsequent Statements
until You have fully paid what You owe. You must pay in U.S. dollars, without restrictive terms, and in
accordance with the Standard Payment Instructions.
If You do not pay at least the Minimum Payment by the Due Date, SunTrust will charge a Late Payment fee,
unless Your Account is exempt from Late Payment fees. If You make a Late Payment, You will be in Default
and You may be subject to rate increases. If You are in Default for any reason, SunTrust can require that the
entire outstanding full Balance on Your Account be immediately paid.
How will SunTrust apply Your
You agree that the Minimum Payments on Your Account will be applied in the order SunTrust selects.
payments?
SunTrust may allocate Your Minimum Payments to Balances starting with the lowest APR (Annual
Percentage Rate). Payments in excess of the Minimum Payment will generally be applied first to Balances
with the highest APR and any remaining portion to the other Balances in descending order based on their
APRs, unless SunTrust is required by applicable law to use a different payment application method in
connection with a deferred interest or similar program.
Payments are normally applied to restore Your available Credit (the amount of Your unused Credit Limit).
There may be a delay in restoring Your available Credit until SunTrust determines whether a payment is
likely to be returned for insufficient funds or for some other reason.
What other important terms
Your liability for unauthorized use of the Card - what to do/what happens if Your Card is stolen.
exist in the CA?
Credit Limits, Authorization, and Convenience Checks - spending limits/transaction authorization.
Individual Liability - each Cardholder is individually and jointly liable for all Authorized Charges.
Termination - You or SunTrust can terminate or suspend Your Credit at any time with/without cause.
Sharing of Information - how SunTrust safeguards your information/how-when SunTrust may disclose Your
information to others; refers to SunTrust's Privacy Statement.
Arbitration - the way in which You and SunTrust agree to resolve claims; You have the right to opt out of
arbitration as the agreed upon claims resolution method.
Billing Dispute Rights - details Your rights if You dispute charges/are not satisfied with good/services You
procure from merchants using Your Card/Account.
Defined Terms defines all essential terms used in the CA.
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Interest Charges and Transaction
SunTrust calculates Interest Charges using the Average Daily Balance (including new transactions) method.
Fees in General:
SunTrust also uses compounded interest in calculating Interest Charges. Compounded interest means that
interest is added to the principal that You owe and interest then applied each successive Billing Period on
the outstanding Balance and new charges. [See the Card Mailer for disclosure of APRs, corresponding
DPRs (Daily Periodic Minimum Interest Charge, transaction fees, and Other Charges.]
Interest Rates and Interest Charges
Your eligibility for Credit, initial and on-going Interest Rates, and other CA terms may vary based upon Your
based upon Credit Inquiries:
credit worthiness. You authorize SunTrust to make or have made any credit, employment, and
investigative inquiries about You that SunTrust deems appropriate about: (1) whether SunTrust will
provide You with a Card Account and if so at what rates/terms, (2) modifications to Your Card Account
rates/terms while You maintain the Account, or (3) collection of Credit under Your Account and other
permissible purposes as the law allows.
Cost on Purchases:
Any Purchase Balance not paid by the Due Date on the Statement will incur an Interest Charge on the
SunTrust will charge the Interest
following month's Statement.
Charge (unless inapplicable because
The cost for Purchases (DPR Interest Charge, when it applies) is the Average Daily Balance on Purchases
of the Grace Period) on Your
multiplied by (1) the number of days in the Billing Period and (2) the applicable DPR.
Purchases from the transaction
You will have a Grace Period on any new Purchases that are reflected for the first time on Your current
date.
Statement if You pay Your New Balance on time each Billing Period. Those new Purchases will not be
subject to an Interest Charge during the Billing Period reflected in the current Statement if You satisfy
the conditions for applicability of the Grace Period.
Costs on Cash Advances:
The costs for Cash Advances consist of (1) interest computed at the applicable DPR on the Average Daily
SunTrust will charge the Interest
Balance (for Cash Advances) and (2) Cash Advance transaction fees. The DPR Interest Charge is the
Charge on Your Cash Advances from
Average Daily Balance on Cash Advances multiplied by (1) the number of days in the Billing Period and (2)
the date they are posted to Your
the applicable DPR. Cash Advances do not have a Grace Period.
Account.
Cost on Overdraft Advances:
The cost on Overdraft Advances (DPR Interest Charge) is the Average Daily Balance on Overdraft Advances
SunTrust will charge the Interest
multiplied by (1) the number of days in the Billing Period and (2) the applicable DPR. In accordance with its
Charge on Your Overdraft Advances
Rules and Regulations for Deposit Accounts, SunTrust will assess You its usual deposit account fee for such
from the date they are posted to
service, separately, and as part of Your deposit Account fees. Overdraft Advances do not have a Grace
Your Account.
Period.
Costs on Balance Transfers:
The costs for Balance Transfers consist of (1) interest computed at the applicable DPR on the Average
When SunTrust provides You a
Daily Balance (for Balance Transfers) and (2) Balance Transfer transaction fees.
Balance Transfer check or Balance
The DPR Interest Charge is the Average Daily Balance on Balance Transfers multiplied by (1) the number
Transfer request form or when You
of days in the Billing Period and (2) the applicable DPR.
request a Balance Transfer,
SunTrust may from time to time offer You Balance Transfer Promotional Offers with different Balance
SunTrust will charge the Interest
Transfer Interest Charges and transaction fees than the Card Mailer terms. Those different Interest
Charge on Your Balance Transfer
Charges and fees will be disclosed in the Balance Transfer Promotional Offer. Unless SunTrust informs
from the date it is posted to Your
You otherwise, Balance Transfers do not have a Grace Period.
Account.
Foreign Currency Exchange Fee on
All Purchase and Cash Advance transactions processed in a foreign currency will be converted to U.S.
Non-US Transactions:
dollars under the regulations (which affect rate and actual date of the exchange) of the Card Association
before being charged to Your Account.
SunTrust will assess a foreign currency transaction fee for all Purchase transactions processed in a
foreign currency.
Conversion may occur on a date other than the date of the transaction or the date the transaction is
posted to Your Statement, which may affect the conversion rate used. If a Credit transaction is
processed and has a processing date different than the original transaction, then the exchange rate of the
Credit can be greater/less than that of the original transaction.
Other Charges:
Late Payment Fee. Unless Your Account is exempt from Late Payment fees, if SunTrust has not received at
least the Minimum Payment by its Due Date as shown on a Statement, SunTrust will add a Late Payment
fee to Your Purchase Balance based on the New Balance outstanding as of the Closing Date for the
Statement.
Annual Fee. If Your Account has an annual fee, it will be shown on the Card Mailer.
Returned Payment Fee. Unless Your Account is exempt from Returned Payment fees, SunTrust will add a
Returned Payment fee to Your Purchase Balance if (1) a payment that You make or authorize is returned to
SunTrust unpaid; or (2) any Balance Transfer, Cash Advance, or Promotional Balance check is dishonored
for any reason. This fee may be imposed even if Your payment is later re-presented to and paid by Your
financial institution.
Stop Payment Fee. SunTrust will add a $39.00 stop payment fee to Your Purchase Balance if You ask
SunTrust to stop payment on any Convenience Check drawn on Your Account or on any Balance Transfer
request.
Documentation Fee. SunTrust will provide copies of Statements, sales drafts, etc., to You upon request. If
You request copies of more than two items during a Billing Period, SunTrust will add a fee to Your Purchase
Balance up to $5.00 for each additional copy unless prohibited by applicable law. SunTrust will not impose
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any fee if Your request is made in connection with written notice of a billing error.
Phone Pay Fee. If SunTrust agrees to permit You to pay Your bill via phone pay and applicable law allows,
You agree that SunTrust will add the phone pay fee disclosed at the time of Your request to Your Purchase
Balance.
Minimum Interest Charges:
If You incur Interest Charges in any Billing Period, a minimum Interest Charge will post to Your Account
(such minimum Interest Charge shown as the "Minimum Interest Charge" on Your Statement).
Changes
SunTrust can change some of Your rates and other terms in accordance with applicable law. This table
shows some possible changes.
Type of change
What may trigger change
Advance notice of change
Interest Rate increase on new charges
In the first year, a Promotional Rate ends or
Promotional Rate ends or Index Rate changes, no
the Index Rate changes; after that, any
notice; otherwise, 45 days
reason
Interest Rate increase on existing Balances
Promotional period ends, Index Rate
No notice requirement or per terms of the
changes, or Your Account is in a workout workout arrangement
arrangement
Increase or decrease to Credit Limit
Any reason
None
Some fees and other terms
Can change for any reason
Up to 45 days for certain fees and Minimum
Payment changes
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Secured Card Account Agreement
AGREEMENT TERMS
Your Card Account Agreement with SunTrust starts and You agree to these terms when You accept and/or sign the Card or You or an Authorized
User use(s) the Card or Account, thus obtaining credit from SunTrust.
Costs
You may use Your Card and Account to make Purchases, Cash Advances, Overdraft Advances and Balance Transfers. Each type of charge will have its
own Balance. Each type of Balance may have a separate DPR and corresponding Interest Charges.
You agree to pay SunTrust for all credit extended on Your Account, plus any Interest Charges, Other Charges and other fees and amounts properly
charged to Your Account. You agree to use Your Account only for legal transactions. It is not SunTrust's responsibility to make sure You only use
Your Account for legal transactions, and You will remain responsible to pay for any transactions whether legal or not. SunTrust may decline
authorization for any Internet gambling transaction. SunTrust will not be liable if You engage in an illegal transaction.
Interest Charges and Transaction Fees
The conditions under which Interest Charges and transaction fees apply
depend upon whether the transaction is a Purchase, Cash Advance, Overdraft
Advance, Balance Transfer, or Promotional Offer.
SunTrust calculates Interest Charges using the Average Daily Balance (including new transactions) method. SunTrust also uses compounded interest
in calculating Interest Charges. Compounded interest means that interest is added to the principal that You owe and interest then applied each
successive Billing Period on the outstanding Balance and new charges.
Interest Charges that apply on Your Account are set forth in the Card Mailer.
Interest Charge for Purchases
Cost: Interest Charge (Average Daily Balance for Purchases no. days
in
Billing Period X DPR)
Any Purchase Balance not paid by the Due Date on the Statement will incur an Interest Charge on the following month's Statement. The cost for
Purchases (DPR Interest Charge, when it applies) is the Average Daily Balance on Purchases multiplied by (1) the number of days in the Billing Period
and (2) the applicable DPR.
You will have a Grace Period on any new Purchases that are reflected for the first time on Your current Statement if You pay Your New Balance on
time each Billing Period. Those new Purchases will not be subject to an Interest Charge during the Billing Period reflected in the current Statement if
You satisfy the conditions for applicability of the Grace Period.
SunTrust will charge the Interest Charge (unless inapplicable because of the Grace Period) on Your Purchases from the transaction date.
The DPR for Purchases (that are subject to Interest Charges) may or may not vary each month based on changes in the Index Rate. The Card Mailer
discloses whether the Account is subject to a Variable or a Non-variable APR.
Interest Charge and Transaction Fees for Cash Advances
Costs: Interest Charge (Average Daily Balance for Cash Advances X no. days
in Billing Period X DPR) + Cash Advance transaction fees.
The costs for Cash Advances consist of (1) interest computed at the applicable DPR on the Average Daily Balance (for Cash Advances) and (2) Cash
Advance transaction fees.
The DPR Interest Charge is the Average Daily Balance on Cash Advances multiplied by (1) the number of days in the Billing Period and (2) the
applicable DPR. The Cash Advance transaction fee is disclosed in the Card Mailer.
The DPR for Cash Advances may or may not vary each month based on changes in the Index Rate. The Card Mailer discloses whether the Account is
subject to a Variable or a Non-variable APR.
SunTrust will charge the Interest Charge on Your Cash Advances from the date they are posted to Your Account. Cash Advances do not have a Grace
Period.
Interest Charge for Overdraft Advances
Cost: Interest Charge (Average Daily Balance for Overdraft Advances no.
days in Billing Period X DPR)
The cost on Overdraft Advances (DPR Interest Charge) is the Average Daily Balance on Overdraft Advances multiplied by (1) the number of days in
the Billing Period and (2) the applicable DPR. In accordance with its Rules and Regulations for Deposit Accounts, SunTrust will assess You its usual
deposit account fee for such service, separately, and as part of Your deposit account fees.
The DPR for Overdraft Advances may or may not vary each month based on changes in the Index Rate. The Card Mailer discloses whether the
Account is subject to a Variable or a Non-variable APR.
SunTrust will charge the Interest Charge on Your Overdraft Advances from the date they are posted to Your Account. Overdraft Advances do not
have a Grace Period.
Interest Charge and Transaction Fees for Balance Transfers
Costs: Interest Charge (Average Daily Balance for Balance Transfers no.
days in Billing Period X DPR) + Balance Transfer transaction fees.
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The costs for Balance Transfers consist of (1) interest computed at the applicable DPR on the Average Daily Balance (for Balance Transfers) and (2)
Balance Transfer transaction fees.
The DPR Interest Charge is the Average Daily Balance on Balance Transfers multiplied by (1) the number of days in the Billing Period and (2) the
applicable DPR. The Balance Transfer transaction fee for a 'regular' Balance Transfer or 'Promotional Balance' Balance Transfer is disclosed in the
Card Mailer; provided, that SunTrust may from time to time offer You Balance Transfer Promotional Offers with different Balance Transfer Interest
Charges and transaction fees than the Card Mailer terms. Those different Interest Charges and fees will be disclosed in the Balance Transfer
Promotional Offer. SunTrust will add the Balance Transfer fee to the 'Balance Transfer' Balance of Your Account, unless SunTrust informs You when
You make a Balance Transfer that the Balance Transfer amount and Balance Transfer fee will be added to another category of Balance (e.g.,
Purchases or Cash Advances).
Unless SunTrust informs You otherwise, Balance Transfers do not have a Grace Period. When SunTrust provides You a Balance Transfer check or
Balance Transfer request form or when You request a Balance Transfer, SunTrust will charge the Interest Charge on Your Balance Transfer from the
date it is posted to Your Account.
The DPR for Balance Transfers (that are subject to Interest Charges) may or may not vary each month based on changes in the Index Rate. The Card
Mailer discloses whether the Account is subject to a Variable or a Non-variable APR.
Interest Charge for Promotional Balances
Cost: Interest Charge (Average Daily Balance for Promotional Balances X no.
days in Billing Period X Promotional Rate DPR)
SunTrust may from time to time offer You a Promotional Rate on certain Purchases or Balance Transfers through Promotional Offers. If You accept
a Promotional Offer, the resulting Promotional Balance will be subject to the terms of that specific Promotional Offer and this Agreement. In each
Promotional Balance program, any new or different terms of the program not disclosed in this Agreement (such as the APR, effective dates and other
special terms) will be detailed in the Promotional Offer.
The DPR Interest Charge is the Average Daily Balance on Promotional Balances multiplied by (1) the number of days in the Billing Period and (2) the
applicable DPR.
The Promotional Rate will apply to those Promotional Balances until the Promotional Offer Termination Date. A Promotional Balance will not, after
the Termination Date, be eligible for another Promotional Rate.
After the Termination Date, Your Promotional Rate will change to Your regular Purchases DPR, unless disclosed otherwise in the Promotional Offer.
If the reason for the Termination Date is a Delinquency Triggering Event, SunTrust will change the DPR that applies to Your new and outstanding
Promotional Balances to the Purchase DPR and corresponding APR, after SunTrust provides You any notice required by applicable law.
Minimum Interest Charge
If You incur Interest Charges in any Billing Period, a minimum Interest Charge will post to Your Account (such minimum Interest Charge shown as the
"Minimum Interest Charge" on Your Statement). If You incur Interest Charges in any Billing Period, the Minimum Interest Charge will be no less
than the amount disclosed in the Card Mailer. SunTrust may allocate the Minimum Interest Charge among Your various Balances in the manner that
SunTrust elects as permitted by applicable law.
Foreign Currency Exchange Fee for Non-US Transactions
All Purchase and Cash Advance transactions processed in a foreign currency will be converted to U.S. dollars under the regulations of the Card
Association before being charged to Your Account. (The exchange rate that the Card Association uses to convert currency is a rate the Card
Association selects either from the range of rates available in the wholesale currency markets for the applicable processing date (which rate may vary
from the rate the Card Association itself receives) or the government-mandated rate in effect on the applicable processing date.)
Conversion may occur on a date other than the date of the transaction or the date the transaction is posted to Your Statement, which may affect the
conversion rate used. If a Credit transaction is processed and has a processing date different than the original transaction, then the exchange rate of
the Credit can be greater/less than that of the original transaction.
SunTrust will assess a foreign currency transaction fee for all Purchase transactions processed in a foreign currency. The foreign currency transaction
fee is disclosed in the Card Mailer and will be calculated after each Purchase transaction has been converted from a foreign currency.
Other Charges
Late Payment Fee. Unless Your Account is exempt from Late Payment fees, if SunTrust has not received at least the Minimum Payment by its Due
Date as shown on a Statement, SunTrust will add a Late Payment fee to Your Purchase Balance based on the New Balance outstanding as of the
Closing Date for the Statement. The Late Payment fee is stated on the Card Mailer.
Annual Fee. If Your Account has an annual fee, it will be shown on the Card Mailer. If an annual fee is applicable to Your Account, SunTrust will
provide You with notice of that annual fee in the manner required by law and explain how You may terminate Credit availability under the Account
to avoid paying any such annual fee. If You do not terminate the Account, the terms disclosed will continue to apply.
Returned Payment Fee. Unless Your Account is exempt from Returned Payment fees, SunTrust will add a Returned Payment fee to Your
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Purchase Balance if (1) a payment that You make or authorize is returned to SunTrust unpaid (for example, if a check or an electronic funds
transfer to SunTrust is returned for insufficient funds or is returned because it is not signed or cannot be processed for any reason); or (2) any
Balance Transfer, Cash Advance, or Promotional Balance check is dishonored for any reason. This fee may be imposed even if Your payment is
later re-presented to and paid by Your financial institution. The Returned Payment fee is stated on the Card Mailer.
Stop Payment Fee. SunTrust will add a $39.00 stop payment fee to Your Purchase Balance if You ask SunTrust to stop payment on any
Convenience Check drawn on Your Account or on any Balance Transfer request.
Documentation Fee. SunTrust will provide copies of Items to You upon request. If You request copies of more than two Items during a Billing
Period, SunTrust will add a fee to Your Purchase Balance up to $5.00 for each additional copy unless prohibited by applicable law. SunTrust will
not impose any fee if Your request is made in connection with written notice of a billing error.
Phone Pay Fee. From time to time, You may request that SunTrust assist You in making an expedited Account payment from a designated deposit
account, so that the payment can be credited to Your Account as of the day of Your call (or on the following business day, for calls made after the
applicable cut-off time for payments). If SunTrust agrees to do so and applicable law allows, You agree that SunTrust will add the phone pay fee
disclosed at the time of Your request to Your Purchase Balance.
Payments
What You Pay, When, How, and what happens if You pay late
SunTrust will send Your Statement to the address that the Bank has on file for You. You agree to pay all Authorized Charges on the Statement. You
have the option of paying in full the New Balance shown on each Statement or paying in installments that at least equal the amount of the Minimum
Payment shown on Your Statement.
In either case, the payment Due Date will be at least 25 days after the Closing Date. The Minimum Payment will include any amount past due or over
the Credit Limit plus the greater of (1) $20.00, (2) 2% of the New Balance, or (3) 1% of the New Balance plus current Interest Charges and Other
Charges. The Minimum Payment amount will either be rounded up or down to the nearest dollar. If the New Balance is less than $20.00, the
Minimum Payment will be the New Balance. If You pay more than the Minimum Payment, You still must make the Minimum Payment on
subsequent Statements until You have fully paid what You owe.
You must pay in U.S. dollars, without restrictive terms, and in accordance with the Standard Payment Instructions. You must contact SunTrust at
least 3 business days before an automated payment is scheduled, if You want to stop payment on the amount You think is wrong.
If You do not pay at least the Minimum Payment by the Due Date, SunTrust will charge a Late Payment fee, unless Your Account is exempt from Late
Payment fees. If You make a Late Payment, You will be in Default and You may be subject to rate increases. If You are in Default for any reason,
SunTrust can require that the entire full Balance on Your Account be immediately paid. If You do not immediately pay SunTrust the entire full
Balance due when required, except as specifically addressed in the Arbitration Provision of this Agreement, You will be liable to SunTrust for
collection costs that SunTrust incurs, including reasonable attorneys' fees and expenses of legal actions to the extent permitted by applicable law.
Where required by state law SunTrust will provide You with notice and a right to remedy Your Default in accordance with that law. SunTrust's
acceptance of a payment after the payment Due Date or after You have exceeded Your Credit Limit does not waive SunTrust's right to require
immediate payment of Your entire full Balance.
How SunTrust will apply payments
You agree that the Minimum Payments on Your Account will be applied in the order SunTrust selects in accordance with applicable law. SunTrust
may allocate Your Minimum Payments to Balances starting with the lowest APR. Payments in excess of the Minimum Payment will generally be
applied first to Balances with the highest APR and any remaining portion to the other Balances in descending order based on their APRs, unless
SunTrust is required by applicable law to use a different payment application method in connection with a deferred interest or similar program.
Payments are normally applied to restore Your available Credit (the amount of Your unused Credit Limit). There may be a delay in restoring Your
available Credit until SunTrust determines whether a payment is likely to be returned for insufficient funds or for some other reason.
Amendment (Changes) and Assignment
IMPORTANT NOTICE: In accordance with applicable law, SunTrust may unilaterally change the APRs, Other Charges, and other terms of this
Agreement at any time. This includes modifications, deletions and the addition of new provisions, including non-financial provisions (for example,
SunTrust may add provisions relating to SunTrust's enforcement rights or the resolution of claims and disputes). SunTrust will send You notice in
accordance with the communication method (in writing or via posting of updated Agreement terms
at
https://www.suntrust.com/PersonalBanking/EverydayBanking/CreditCards) and in the time and manner required by law for the changes that
SunTrust intends to make to Your Account and this Agreement. Changes will be automatically effective on the date SunTrust specifies, except as
otherwise provided in any change in terms notice SunTrust provides. Use of Your Account is not necessary for a change in terms to be effective. You
will have the right to reject certain changes and pay off Your Account in the same manner and under the same terms and conditions as then in effect,
as
described in any change in terms notice SunTrust provides and as required by applicable law. SunTrust may terminate or suspend Your ability to
use the Account if You reject certain changes, to the extent permitted by applicable law and as described in any change in terms notice that SunTrust
provides. SunTrust has the right to Assign SunTrust's rights under this Agreement and any amount You owe to SunTrust. You do not have the right
to assign or transfer Your rights under this Agreement.
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Additional Information
Your liability for unauthorized use of the Card
To report a lost/stolen Card call: 1-800-477-9702. State that You are reporting a lost/stolen Card. You must notify the Bank promptly in the event
of loss, theft, or unauthorized use of Your Card. This notification responsibility means that You should regularly check Your Statements to review
charges that post to Your Account to confirm that unauthorized charges have not posted to Your Account.
You may be liable for the unauthorized use of Your Card. If unauthorized use of Your Account occurs, You agree to cooperate with SunTrust and law
enforcement authorities in identifying the unauthorized user. However, You will not be liable for unauthorized use that occurs after You notify
SunTrust orally or in writing of the loss, theft, or possible unauthorized use. In any case, Your liability will not exceed $50 for each occurrence of loss
or theft or any lesser amount required by applicable law or the requirements of the Card Association. You may write to SunTrust at: Cardholder
Services, P.O. Box 621569, Orlando, FL 32862-1569.
Ownership of the Card
Your Card and any Convenience Checks or other Credit instrument or device that SunTrust provides to You are SunTrust's property and must be
returned to SunTrust or SunTrust's agent immediately upon demand. At SunTrust's request You will destroy Your Card, other Credit instruments or
devices and/or special checks, by cutting them in half and surrendering those items to SunTrust or SunTrust's agent by mailing them to SunTrust or
dropping them off at SunTrust's office.
Credit Limits, Authorization, and Convenience Checks
Unless Your Account type or SunTrust permits You to exceed Your Credit Limit, You agree to not exceed the Credit Limit that SunTrust establishes
for You, but if You do, You agree to pay the over Credit Limit amount as part of Your next Minimum Payment. SunTrust may raise or lower Your
Credit Limit at SunTrust's discretion, as permitted by applicable law. SunTrust is not liable to You for decreases that affect Your Credit Limit or
spending limits. Each of You may request an increase to the Credit Limit of a joint Account. If You were required to have a joint Account because one
of You was less than 21 years of age when Your Account was opened and that individual remains less than 21 years of age when SunTrust considers
raising the Credit Limit of Your joint Account, SunTrust will not increase the Credit Limit until all of You approve and assume in writing joint liability
for an increase to the Credit Limit of the joint Account. SunTrust may establish separate limits that restrict the amount of the Credit Limit available
for Cash Advances or Balance Transfers. SunTrust may decline authorization for any transaction at any time. SunTrust is not liable for declining
authorization for any transaction, regardless of SunTrust's reason. All transactions on Your Account are subject to approval based upon Your
Account status, available Credit, credit history and other factors. You may not stop the payment of any Card transaction.
SunTrust may reject and return unpaid any Convenience Check that You write for any reason. You must pay SunTrust for any Convenience Check
that SunTrust pays, even if SunTrust were permitted to reject and return the Convenience Check, unless the Convenience Check constitutes
unauthorized use. SunTrust may refuse to issue Convenience Checks or, upon notice to You, refuse to permit the use of Convenience Checks already
issued. You may call SunTrust at 1-800-477-9702 to place a stop payment on an unpaid Convenience Check. SunTrust will charge the stop payment
fee. You must provide SunTrust the date, amount, name of payee, and the number of the Convenience Check. If any information You provide is
incorrect or if You do not afford SunTrust a reasonable opportunity to act on Your request, SunTrust may not be able to stop payment. Once a
Convenience Check has been paid, SunTrust will not be able to reverse the payment. Your stop payment request will remain valid for 6 months. You
must renew Your request before it expires if You want SunTrust to continue honoring the stop payment request after the initial 6 month period. You
agree to hold harmless and indemnify SunTrust from any losses, expenses and costs, including attorneys' fees incurred by SunTrust, for preventing
or
failing to prevent payment.
Individual Liability
You, as a Cardholder, are liable for all Credit obtained under Your Account(s), whether obtained by You, another Cardholder or an Authorized User
of the Account. If there is more than one Cardholder on the Account, each of You is liable, jointly and severally, for all Credit obtained under the
Account(s), regardless of which of You obtains that Credit or benefits from it.
Termination
Either You or SunTrust may terminate this Agreement or suspend Your Credit privileges under this Agreement at any time, with or without cause.
You will not try to make any Purchases or Balance Transfers or try to obtain any Cash Advances or Overdraft Advances on Your Account after Your
Credit privileges have been terminated or suspended. However, this Agreement will otherwise remain in full force and effect until You pay all sums
due SunTrust.
Applicable Law
Except as expressly set forth in the Arbitration Provision of this Agreement, the interpretation and enforcement of this Agreement (including the
exportation of Interest Rates) will be governed by federal law and to the extent state law applies, Georgia law, regardless of conflict of law principles.
If there is any conflict between any of the terms and conditions of this Agreement and applicable federal or state law, this Agreement will be
considered changed to the extent necessary to comply with the law. You agree that all terms of this Agreement are material to the determination of
interest.
Jury Trial and Class Action Waiver
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TO THE EXTENT PERMITTED BY APPLICABLE LAW, FOR ANY MATTERS NOT SUBMITTED TO ARBITRATION, YOU AND SUNTRUST HEREBY (A)
KNOWINGLY, VOLUNTARILY, INTENTIONALLY AND IRREVOCABLY WAIVE THE RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY LITIGATION BASED
UPON OR ARISING OUT OF THIS AGREEMENT, RELATING TO THE CREDIT, OR ANY OTHER DISPUTE OR CONTROVERSY BETWEEN YOU AND SUNTRUST,
AND (B) AGREE THAT ANY LITIGATION WILL PROCEED ON AN INDIVIDUAL BASIS AND WILL NOT PROCEED AS PART OF A CLASS ACTION.
Other Products and Services
SunTrust will, at Your request, arrange for an overnight courier to deliver additional or replacement Cards on an expedited basis. The charge assessed
by the overnight courier will be added to Your Account Balance. From time to time, new products, optional services or enhancements (for example,
insurance or Card registration) may be offered on Your Account. SunTrust is not liable for these features, services and enhancements, when they are
the responsibility of a third party provider. You agree to hold SunTrust harmless from any claims, actions or damages resulting from Your use of any
of these features, services or enhancements, when permitted by applicable law. SunTrust reserves the right to adjust, add, or delete benefits and
services at any time.
Credit Inquiries
You authorize SunTrust to make or have made any credit, employment, and investigative inquiries that SunTrust deems appropriate related to the
extension or collection of Credit under the Account. If You dispute credit information SunTrust is reporting about You, You may notify SunTrust at
Cardholder Services, Attention: Dispute Department, P.O. Box 620548, Orlando, FL 32862-0548.
Consumer Reporting Agencies (Credit Bureaus)
It is standard banking industry practice and within federal and state law for SunTrust routinely to provide data about customer loan repayment and
transactions to consumer reporting agencies and other creditors. SunTrust may report information about Your Account(s) to credit bureaus. Late
Payments, missed payments, or other Defaults on Your Account(s) may be reflected in Your credit report.
Sharing of Information
SunTrust may, to the extent and in the manner permitted by applicable law, communicate information about SunTrust's experiences and transactions
with You to consumer reporting agencies, SunTrust's affiliates, and others who may properly receive that information. You may refer to SunTrust's
Privacy Statement for more details about how SunTrust collects, uses, retains, discloses, and safeguards information about You and Your Account.
SunTrust's Privacy Statement is provided when consumer Cardholders establish a customer relationship with SunTrust, once each year while
Cardholders maintain a customer relationship with SunTrust, and at other times required by law. You may request an additional copy of SunTrust's
Privacy Statement by calling SunTrust at 1-800-477-9702 or sending a written request to SunTrust at Cardholder Services, Attention: Customer
Service, P.O. Box 621629, Orlando, FL 32862-1629.
Waiver
SunTrust's failure to exercise, or SunTrust's delay in exercising, any of SunTrust's rights under the Agreement for any reason will not mean that
SunTrust will be unable to exercise those rights later.
Severability
The invalidity of any provision of the Agreement will not affect the validity of any other provision.
Entire Agreement
This Agreement, as modified from time to time in accordance with applicable law by any change in terms that SunTrust will deliver to You (in writing
or via update to Agreement terms that are published at https://www.suntrust.com/PersonalBanking/EverydayBanking/CreditCards),constitutes
the entire Agreement between You and SunTrust, and supersedes any prior negotiation or understanding between You and SunTrust concerning the
subject matter of this Agreement. Section headings are for convenience only and are to be disregarded when interpreting this Agreement.
Illegal Transaction
Any financial service that SunTrust provides pursuant to this Agreement may be used for any transaction permitted by law in accordance with this
Agreement. You agree that illegal use of any financial service will be deemed an action of Default and/or breach of contract and that SunTrust may
terminate any such financial service and/or other related services at SunTrust's discretion. You will remain responsible for paying for a transaction,
even if it is not permissible. If any illegal use occurs, You also agree to waive any right to sue SunTrust for such illegal use or any activity directly or
indirectly related to it and indemnify and hold SunTrust harmless from any suits or other legal action or liability, directly or indirectly, resulting from
such illegal use.
Emergency Card Replacement and Cash Disbursement
You and any Authorized User agree and authorize SunTrust to provide Your personal data to the Card Association, its members, or their respective
contractors for the purpose of providing Emergency Card Replacement and Emergency Cash Disbursement benefits to You on Your Account.
Arbitration
READ THIS PROVISION CAREFULLY AS IT WILL HAVE A SUBSTANTIAL IMPACT ON HOW DISPUTES AND CLAIMS THAT YOU AND/OR SUNTRUST
HAVE(HAS) AGAINST EACH OTHER ARE RESOLVED.
YOU HAVE THE RIGHT TO REJECT THIS ARBITRATION PROVISION AS SET FORTH BELOW. If You do not reject this Arbitration Provision, for a Claim
subject to arbitration, neither You nor SunTrust will have the right to: (1) have a court or a jury decide the Claim; (2) engage in information-
gathering (discovery) to the same extent as in court; (3) participate in a class action in court or in arbitration; or (4) join or consolidate Your
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Claim(s) with claims of any other person. The right to appeal is more limited in arbitration than in court and other rights in court may be
unavailable or limited in arbitration.
Arbitration Provision Governing Law
Notwithstanding any choice of law or other provision in this Agreement, You and SunTrust agree and acknowledge that this Arbitration Provision
evidences a transaction involving interstate commerce and that the Federal Arbitration Act (Title 9 of the United States Code) ("FAA") will govern its
interpretation and enforcement and proceedings pursuant thereto. Any state Arbitration Act or Code, including any amendments thereto, of the
state law governing this document does not apply to this Agreement or security interest, as applicable, or to any arbitration or award under this
Agreement or security interest.
Arbitration Procedures
If You or SunTrust elect(s) to arbitrate a Claim, the electing party must notify the other party in writing. This notice can be given after the beginning
of a lawsuit and can be given in papers filed in the lawsuit. Otherwise, a notice must be sent to the Notice Address for Arbitration. If such a notice
is
given, the Claim(s) described in the notice will be resolved by individual arbitration under this Arbitration Provision and, to the extent consistent with
this Arbitration Provision, the applicable rules of the Administrator then in effect. If a party files a lawsuit in court asserting Claim(s) that are subject
to arbitration and the other party files a motion to compel arbitration with the court, which motion is granted, it will be the responsibility of the party
prosecuting the Claim(s) to select an Administrator in accordance with this Arbitration Provision and the Administrator's rules and procedures.
A single arbitrator will be appointed by the Administrator and, unless You and SunTrust agree otherwise, must be a practicing attorney with 10 or
more years of experience or a retired judge. The arbitrator will not be bound by judicial rules of procedure and evidence that would apply in a court,
nor by state or local laws that relate to arbitration provisions or proceedings. The arbitrator will honor and enforce statutes of limitation and claims
of privilege recognized under applicable law. In determining liability and/or awarding damages or other relief, the arbitrator will follow the applicable
substantive law (consistent with this Agreement and the FAA) that would apply if the matter had been brought in court. The arbitrator may award
any damages or other relief or remedies permitted by applicable law. The arbitrator will write a brief explanation of the grounds for the decision. A
judgment on the award may be entered by any court having jurisdiction.
Arbitration Location and Costs
Any arbitration hearing that You attend will take place in a location that is reasonably convenient for You. For Claims that total less than $75,000.00,
at Your written request, SunTrust will pay all filing, hearing and/or other fees that the Administrator and arbitrator charge You for Claim(s) that You
assert in arbitration after You have paid an amount equivalent to the fee, if any, for filing such Claim(s) in state or federal court (whichever is less) in
the judicial district in which You reside. (If You have already paid a filing fee for asserting the Claim(s) in court, You will not be required to pay that
amount again). In addition, the Administrator may have a procedure whereby You can seek a waiver of fees that the Administrator and arbitrator
charge You. SunTrust will always pay any fees or expenses (1) that SunTrust is required to pay by law or the Administrator's rules or (2) that
SunTrust is required to pay for this Arbitration Provision to be enforced. The arbitrator will have the authority to award attorneys' and expert witness
fees and costs to the extent permitted by this Agreement, the Administrator's rules, or applicable law. The arbitrator will always award You Your
reasonable attorneys' and expert witness fees and costs (1) if and to the extent You prevail on Claims You assert against SunTrust in an arbitration
commenced by You or (2) to the extent required under applicable law for this Arbitration Provision to be enforced.
Class Action Waiver
Notwithstanding any other provision of this Agreement, if either You or SunTrust elect(s) to arbitrate a Claim, neither You nor SunTrust will have
the right (1) to participate in a class action, private attorney general action or other representative action in court or in arbitration, either as a class
representative or class member; or (2) to join or consolidate Claims with claims of any other persons. No arbitrator will have authority to conduct
any arbitration in violation of this provision; provided, however, that the Class Action Waiver does not apply to any lawsuit or administrative
proceeding that a state or federal government agency files against SunTrust, even when such agency is seeking relief on behalf of a class of
borrowers, including You. This provision means that SunTrust will not have the right to compel arbitration of any claim brought by such an agency.
You and SunTrust acknowledge that the Class Action Waiver is material and essential to the arbitration of any disputes between us and is non-
severable from this Arbitration Provision. If the Class Action Waiver is limited, voided, or found unenforceable, then this Arbitration Provision
(except for this sentence) will be null and void with respect to such proceeding, subject to the right to appeal the limitation or invalidation of the
Class Action Waiver. You and SunTrust acknowledge and agree that under no circumstances will a class action be arbitrated.
Effect of Arbitration Award
The arbitrator's award will be final and binding on all parties, except for any right of appeal provided by the FAA. However, if the amount of the Claim
exceeds $50,000 or includes a request for injunctive or declaratory relief that could foreseeably involve a cost or benefit to You or SunTrust exceeding
$50,000, either You or SunTrust may, within 30 days after the entry of the award by the arbitrator, appeal the award to a three-arbitrator panel that
the Administrator oversees. The panel will reconsider anew any aspect of the initial award that the appealing party requests. The decision of the
panel will be by majority vote. Reference in this Arbitration Provision to "the arbitrator" will mean the panel if an appeal of the arbitrator's decision
has been taken. The costs of such an appeal will be borne in accordance with the above paragraph titled "Arbitration Location and Costs." Any final
decision of the appeal panel is subject to judicial review only as provided under the FAA.
Notice, Cure, and Special Payment
Prior to initiating a Claim, You may give SunTrust a written Claim notification describing the basis of Your Claim and the amount You would accept in
resolution of the Claim, and a reasonable opportunity, not less than 60 days, to resolve the Claim. Such a Claim notification must be sent to SunTrust
by certified mail, return receipt requested, at SunTrust Bank Legal Department, Attention: General Counsel - Claim Notice, 303 Peachtree Street N.E.,
Suite 3600, Mail Code 0643, Atlanta, Georgia 30308. This is the sole and only method by which You can submit a Claim notification. If (1) You submit
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a Claim notification in accordance with this paragraph on Your own behalf (and not on behalf of any other party); (2) You cooperate with SunTrust by
promptly providing the information SunTrust reasonably requests; (3) SunTrust refuses to provide You with the relief You request; and (4) the matter
then proceeds to arbitration and the arbitrator subsequently determines that You were entitled to such relief (or greater relief), You will be entitled
to a minimum award of at least $7,500 (not including any arbitration fees and attorneys' fees and costs to which You will also be entitled). SunTrust
encourages You to address all Claims You have in a single Claim notification and/or a single arbitration. This $7,500 minimum award is a single award
that applies to all Claims You assert or could have asserted in the arbitration. Multiple awards of $7,500 are not intended.
Continued Effect of Arbitration Provision, Severability, and Conflicts
Notwithstanding any other provision of this Agreement, to the extent permitted by applicable law, this Arbitration Provision will survive (1) any
modification, extension or forbearance of or under this Agreement; (2) Your full repayment of the Credit; (3) any sale or transfer of the Credit; (4) any
SunTrust legal proceeding to collect a debt that You owe; (5) any bankruptcy (except where prohibited by bankruptcy law); and (6) the termination,
cancellation, suspension, or rejection of this Agreement. If any portion of this Arbitration Provision (other than the Class Action Waiver) cannot be
enforced, the rest of this Provision will continue to apply. In the event of a conflict between this Arbitration Provision and any applicable rules of
JAMS or AAA or other Administrator used, the provisions of this Arbitration Provision will control.
Right to Reject Arbitration Provision
You may reject this Arbitration Provision and therefore not be subject to being required to resolve any dispute, controversy, or claim by arbitration.
To reject this Arbitration Provision, You must send SunTrust written notice of Your decision so that SunTrust receives it at the address listed below
within forty-five (45) days after the opening date of Your Account. Such notice must include a statement that You wish to reject this Arbitration
Provision, along with Your name, address, Account number, and Your signature and must be mailed to the SunTrust Legal Department, Attention:
Arbitration Rejection, P.O. Box 4418, Mail Code 0643, Atlanta, GA 30302-4418. This procedure is the sole and only method by which You can reject
this Arbitration Provision. Rejection of this Arbitration Provision will not affect any remaining terms of this Agreement and will not result in any
adverse consequence to You or Your Account. You agree that SunTrust's business records will be final and conclusive with respect to whether You
rejected this Arbitration Provision in a timely and proper fashion. This Arbitration Provision will apply to You and SunTrust and to Your Account
unless You reject it by providing proper and timely notice as stated herein.
Your Billing Rights
Keep this notice for future use. It informs You about Your rights and SunTrust's 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 SunTrust at:
SunTrust Bank
Cardholder Services, P.O. Box 620548, Orlando, FL 32862-0548
Attn: Dispute Department
In Your letter, give SunTrust the following information:
Account information: Your name and Account number
Dollar amount: The amount of the suspected error
Description of problem: If You think there is an error on Your Statement, describe what You believe is wrong and why You believe it is
a
mistake.
You must contact SunTrust:
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 SunTrust of any potential errors in writing. You may also call SunTrust, but SunTrust is not required to investigate any potential
errors and You may have to pay the amount in question unless You provide written notice of the suspected error.
What will happen after SunTrust receives Your letter
When SunTrust receives Your letter, SunTrust must do two things:
Within 30 days of receiving Your letter, SunTrust must inform You that SunTrust received Your letter; SunTrust will also inform You if
SunTrust has already corrected the error.
Within 90 days after receiving Your letter, SunTrust must either correct the error or explain to You why SunTrust believes the bill is correct.
While SunTrust investigates whether or not there has been an error:
SunTrust may not (1) attempt to collect the amount in question or (2) report You as delinquent on that amount;
The charge in question may remain on Your Statement, and SunTrust 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; and
SunTrust may apply any unpaid amount against Your Credit Limit.
After SunTrust finishes the investigation, one of two things will happen:
If SunTrust made a mistake, You will not have to pay the amount in question or any interest or other fees related to that amount; or
If SunTrust does not believe there was a mistake, You will have to pay the amount in question, along with applicable interest and fees;
SunTrust will send You a statement of the amount You owe and the date payment is due; and SunTrust may then report You as delinquent
if You do not pay the amount SunTrust states that You owe.
If You receive SunTrust's explanation but still believe Your bill is wrong, You must write to SunTrust within 10 days telling SunTrust that You still
refuse to pay. If You do so, SunTrust cannot report You as delinquent without also reporting that You are questioning Your bill. SunTrust must
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tell You the name of anyone to whom SunTrust reported You as delinquent, and SunTrust must let those organizations know when the matter
has been settled between SunTrust and You.
If SunTrust does 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 a Purchase
If You are dissatisfied with the goods or services that You Purchase with Your Card/Account, 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:
The Purchase must have been made in Your home state or within 100 miles of Your current mailing address, and the purchase price must
have been more than $50. (Note: Neither of these conditions applies if Your Purchase was based on an advertisement SunTrust mailed to
You, or if SunTrust owns the company that sold You the goods or services.)
You must have used Your Card for the Purchase. Purchases made with cash advances from an ATM or with a check that accesses Your
Account do not qualify.
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 SunTrust in writing at:
SunTrust Bank
Cardholder Services, P.O. Box 620548, Orlando, FL 32862-0548
Attn: Dispute Department
While SunTrust investigates, the same rules apply to the disputed amount as discussed above. After SunTrust finishes the investigation, SunTrust
will tell You SunTrust's decision. At that point, if SunTrust thinks You owe an amount and You do not pay, SunTrust may report You as delinquent.
Definitions
Account - The credit card Account(s) SunTrust approves for Your use that is/are subject to the terms and conditions of this Agreement.
Administrator - an agency or individual who will consider and resolve a Claim between You and SunTrust in accordance with the Arbitration Provision
of this Agreement, being one of the following: (1) American Arbitration Association ("AAA") - 1633 Broadway, 10th Floor, New York, NY 10019,
www.adr.org, 1-800-778-7879; (2) JAMS - 1920 Main Street, Suite 300, Irvine, CA 92614, www.jamsadr.com, 1-800-352-5267; or (3) if both JAMS and
AAA are unable or unwilling to serve as Administrator, a neutral and impartial arbitrator mutually acceptable to You and SunTrust. If You and
SunTrust cannot agree on an Administrator, You and SunTrust agree that an Administrator may be appointed by a court in accordance with the
Federal Arbitration Act, 9 U.S.C. §§ 1 through 16; provided, however, that no company may serve as Administrator, without SunTrust's and Your
consent, if such company adopts or has in place any formal or informal policy that is inconsistent with and purports to override the terms of the
Arbitration Provision. The rules and forms of JAMS and AAA may be obtained by writing to these organizations at the addresses listed above.
Agreement - Your Card Account Agreement with SunTrust for the Account, which contract is made up of these terms and conditions, Your application
or response to SunTrust's solicitation, and the documents that accompany delivery of Your Card (Card Mailer).
APR (Annual Percentage Rate) - The cost of Your Credit as a yearly rate. Different APRs may apply to different Balances on Your Account, such as
Your Balance on Purchases or Your Balance on Cash Advances. SunTrust uses the applicable APR to calculate the Interest Charge that You owe on the
Account. The Card Mailer discloses applicable APRs and whether the Account is subject to a Variable or Non-Variable APR.
Non-Variable APR - The DPR subject to the Non-Variable Rate will be based on an APR that does not vary with changes in an Index Rate. The
Card Mailer discloses the APR for the Non-Variable Rate as of the date Your Account was opened.
Variable APR -The variable APR will be based on the Index Rate plus a Margin. The Card Mailer discloses the APR for the Variable Rate. An
increase in the Index Rate may result in a higher Minimum Payment.
Assign - SunTrust Assigns Your Account and this Agreement if SunTrust sells or transfers to another party any or all of SunTrust's rights or obligations
under this Agreement, including any amount that You owe SunTrust on the Account. If SunTrust Assigns Your Account, the party who receives the
assignment will have SunTrust's rights under this Agreement, subject to the extent of the assignment.
Authorized Charges - Any Purchases, Balance Transfers, Cash Advances, Overdraft Advances, and Promotional Balances that You or any Authorized
User makes on the Account and any fees and Interest Charges owing on the Account.
Authorized User - Any person You authorize to use the Card (whether Cardholder or not and whether or not such use exceeds the limit You
authorized or intended).
Average Daily Balance - To get the Average Daily Balance, SunTrust adds the outstanding Balance (including new transactions and deducting
payments and credits) for each transaction type for each day in the Billing Period; SunTrust adds together all the daily Balances for each separate
transaction type, and then divides by the number of days in the Billing Period.
Balance - Every charge on the Account, including transactions that You make and Interest Charges and fees that SunTrust assesses, falls into a specific
Balance, such as the Balance on Purchases, Balance Transfers, Cash Advances, Overdraft Advances, and Promotional Balances. Fees that are based on
a specific transaction are assigned to the same Balance as the applicable transaction. For example, a foreign transaction fee on a Purchase is assigned
to the Balance on Purchases. Fees that are not specific to a given transaction with the Card (like a Returned Payment) are assigned to the Balance
on
Purchases.
Balance Transfer - Credit SunTrust extends resulting from a Balance Transfer that You request by any means (including telephone, Convenience
Check, or Balance Transfer request form that SunTrust provides). SunTrust's policy is not to allow You to transfer any Balance You owe from any
other account with SunTrust or SunTrust's respective affiliates. SunTrust may permit You to transfer balances from other credit card companies or
financial institutions to Your Account up to the amount of Your Credit Limit. If You request an amount that SunTrust does not approve, SunTrust may
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process a partial Balance Transfer for less than the amount that You requested or SunTrust may decline the entire request. SunTrust is not liable if
SunTrust does not approve a requested Balance Transfer (in whole or in part). Balance Transfer requests that are incomplete or illegible will not be
approved. SunTrust reserves the right to make Balance Transfers in the order SunTrust selects. In order to preserve Your dispute rights, You should
not transfer balances from other credit card companies or financial institutions if those balances are in dispute. You should allow up to 8 weeks for
Balance Transfers to be completed. You should continue to monitor the other accounts and continue to pay the minimum payment due on those
accounts until You receive statements from those creditors showing that the balances have been paid in full. This confirmation may not happen until
after the transactions appear on the Statement SunTrust sends You. You are solely responsible for any late payments, ongoing finance charges and
disputed amounts on Your other accounts. If You want Your other accounts closed following a Balance Transfer, You are responsible for doing so.
Billing Period - The time interval between the dates of Your regular billing Statements. Your first Billing Period may be less than one month. All Credit
terms, including Minimum Interest Charges, will apply in each Billing Period including the first Billing Period.
Card - Your Card is/are the physical Card(s), the Account number, or any device (such as a check) that You or an Authorized User can use to access
Your Account.
Card Association - the applicable credit card association through which Your Card Account is sponsored (e.g., Visa or MasterCard
Cardholder - The natural person to whom SunTrust issues a Card at his/her request or application, or a natural person who has agreed to pay
obligations arising from another person's use of the Card or Account.
Card Mailer - the mail that delivers Your Card and includes Your Agreement and other terms associated with Your Card Account when SunTrust sends
Your Card to You.
Cash Advance - Credit SunTrust extends to You in the form of a loan from the Account. A Cash Advance occurs when You: (1) obtain cash from an
ATM (automated teller machine), (2) obtain cash from any other source, (3) make a wire transfer, (4) buy foreign currency, (5) buy traveler's checks,
(6) buy money orders, (7) buy lottery tickets, or (8) buy gambling chips or wagers.
Cash Advance Credit Limit - The maximum amount of Credit that SunTrust establishes from time to time and makes available to You on the Account
for Cash Advances. Any Cash Advance Credit Limit SunTrust establishes may be less than the Credit Limit that otherwise applies to Your Account.
The
Cash Advance Credit Limit is stated on the Card Mailer.
Cash Equivalent Transactions - Transactions performed using a merchant or service provider that Visa or MasterCard identifies as a seller of
travelers checks, foreign currency, money orders, wire transfers, lottery tickets, funds used for wagers or gambling, or similar products or services.
These transactions are treated as Cash Advances on Your Account.
Claim - means any claim, dispute or controversy between You and SunTrust (other than an Excluded Claim or Proceeding as set forth below), whether
preexisting, present or future, which arises out of or relates to the Credit, this Agreement or any transaction conducted with SunTrust in connection
with the Credit or this Agreement. "Claim" has the broadest possible meaning and includes initial claims, counterclaims, cross-claims, third-party
claims, and federal/state/local/administrative claims. It includes disputes based upon contract, tort, consumer rights, fraud and other intentional
torts, constitution, statute, regulation, ordinance, common law, and equity, and includes claims for money damages and injunctive or declaratory
relief. Upon Your demand or SunTrust's demand, Claim(s) will be resolved by individual (not class or class-wide) binding arbitration in accordance
with the terms specified in the Arbitration Provision. Neither You nor SunTrust waives the right to require arbitration of a new Claim by bringing a
Claim in a lawsuit or by failing to require arbitration of another Claim.
Closing Date - The last day of a Billing Period.
Convenience Check - A check that the Bank provides which You may use to access Your Account to make a Purchase or a Balance Transfer.
Covered Provider - means any third party that provides any product or service in connection with the Credit if (and only if) You assert a Claim against
such third party in connection with a Claim You assert against SunTrust.
Credit - means the credit extension You receive under this Agreement.
Credit Limit - Your Credit Limit will appear on each monthly Statement.
For Accounts with Spending Limits: The maximum amount of Credit that SunTrust establishes from time to time and makes available to You on
the Account.
For Accounts with no Pre-Set Spending Limits: No pre-set spending limit does not mean unlimited spending. Your Account will be assigned a
revolving Credit Limit. SunTrust may restrict the amount of Your Credit Limit that is available for Balance Transfers. For Cash Advances, You may
only spend up to Your assigned Cash Advance Credit Limit. For Purchases, You may be authorized to exceed Your assigned Credit Limit. Each
transaction You make is authorized based on factors such as (1) Your Account history; (2) credit record; (3) absence or presence of suspected
fraud; and (4) performance and delinquency patterns. If You attempt to make a Purchase transaction that exceeds your Credit Limit, Your
Account will be evaluated based upon the length of time Your Account has been open and Account usage, performance and delinquency
patterns with SunTrust or with Your other creditors, and Your ability to pay. In certain circumstances, SunTrust may ask for additional financial
records to authorize a transaction. If You are authorized to exceed Your Credit Limit, You will be required to pay, as part of your Minimum
Payment, the amount by which Your New Balance exceeds Your Credit Limit. SunTrust encourages You to provide us with notice of forthcoming
unusual activity, such as, high transaction amounts, high velocity, or changes in geographic patterns.
Default - Subject to applicable law and any right that You may have under that law, SunTrust may require immediate payment of Your entire Account
Balance and You will be in Default if (1) You do not make at least the Minimum Payment on or before the payment Due Date, (2) a Cardholder or
Authorized User exceeds or tries to exceed the Credit Limit without SunTrust's permission, (3) A payment You make is rejected or cannot be
processed, (4) SunTrust reasonably believes that a Cardholder's ability to pay SunTrust is materially impaired (for example, if You become subject to
bankruptcy or insolvency proceedings or if an attachment or garnishment proceedings are instituted against You or Your property), (5) You provide
SunTrust with false, misleading or fraudulent information or a false signature, (6) a Cardholder dies or is legally declared incompetent
or
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incapacitated, (7) You fail to comply with any provision of this Agreement, (8) You or an Authorized User makes illegal use of any financial service
under the Account or (9) You or an Authorized User continues to use an Account or Card that has been closed.
Delinquency Triggering Event - A Delinquency Triggering Event occurs if You fail to make a Minimum Payment within 60 days of its payment Due
Date.
DPR (Daily Periodic Rate) - the daily periodic rate is calculated from the applicable APR. The DPR is equal to the applicable APR divided by 365 (or
366 in a leap year). SunTrust may use DPR to calculate the Interest Charge as described in this Agreement. Interest Charges resulting from the
application of DPRs will accrue daily and be calculated on the Average Daily Balances (including new transactions) for each Account feature
(Purchases, Cash Advances, Balance Transfers, Overdraft Advances, and Promotional Balances).
Due Date - This is the date by which SunTrust must receive Your payment in order for it to be on time. Your Due Date will be stated on Your
Statement. It will occur on the same calendar day of each month. It will be at least 21 days after the date SunTrust mails Your Statement and at least
25 days after the end of Your most recently concluded Billing Period (Closing Date). To be timely, SunTrust must receive Your payment on or before
the Due Date and by the time stated on Your Statement. If no time is stated on Your Statement, Your payment is timely if SunTrust receives it by 5
p.m. Eastern Time on the Due Date; provided, however, that if You make a payment directly to SunTrust personnel at a SunTrust branch, Your
payment will be credited to Your Account same day as the day of the payment. Payments initiated through SunTrust's automated telephone service,
with a customer service representative, or via SunTrust's web site will be subject to the 5:00 pm payment cut-off time.
Crediting of Payments to Account: Payments that SunTrust receives prior to 5:00 p.m. Eastern Time at the mailing address shown on the front of Your
Statement and in the Standard Payment Instructions will be credited to Your Account as of the date of receipt. Payments that SunTrust receives after
5:00 p.m. Eastern Time will be credited as of the next day, unless You make the payment directly to SunTrust personnel at a SunTrust branch after 5
p.m., as stated above. If SunTrust accepts a payment received at any other location than the address stated in Your Statement and in the Standard
Payment Instructions, with no payment coupon enclosed, or that does not conform to the Standard Payment Instructions, that payment may be
subject to a delay in crediting of up to 5 days after the date of receipt. This delay may result in additional Interest Charges, Other Charges, and
possible suspension of Your Account. Payments initiated through SunTrust's automated telephone service (if available) or via SunTrust's web site will
be subject to the 5:00 pm payment cut-off time.
Excluded Claim or Proceeding - means any of the following claims or proceedings, which will not be subject to the Arbitration Provision: (1) any
dispute or controversy about the validity, enforceability, coverage or scope of the Arbitration Provision or any part thereof (including, without
limitation, the Class Action Waiver set forth in the Arbitration Provision and/or this sentence); all such disputes or controversies are for a court and
not an arbitrator to decide; however, any dispute or controversy that concerns the validity or enforceability of the Agreement as a whole is for the
arbitrator, not a court, to decide; (2) any individual action brought by You or SunTrust in small claims court or Your state's equivalent court, unless
such action is transferred, removed, or appealed to a different court; (3) any self-help or non-judicial remedy, including enforcement of a security
interest if the Credit is secured by collateral; (4) any action to the extent that it seeks provisional or ancillary remedies in connection with the
foregoing; and (5) any individual action in court by one party that is limited to preventing the other party from using a self-help remedy and that does
not involve a request for damages or monetary relief of any kind. The institution and/or maintenance of any such right, action or litigation will not
constitute a waiver of the right of either You or SunTrust to compel arbitration regarding any other dispute subject to arbitration pursuant to the
Arbitration Provision. Moreover, the Arbitration Provision will not apply to any Claims that are the subject of (a) a class action filed in court that is
pending as of the effective date of the Arbitration Provision in which You are alleged to be a member of the putative class (however, You and
SunTrust will continue to be bound by any prior version of the Arbitration Provision) or (b) a motion to compel arbitration filed by SunTrust against
You before the effective date of the Arbitration Provision pursuant to a prior version of the Arbitration Provision (however, You and SunTrust will
continue to be bound by any prior version of the Arbitration Provision).
Grace Period - The time period during which You may avoid paying interest on certain transactions. As stated in the Card Mailer, the Grace Period is
at least 25 days after the close of each Billing Period. This Agreement defines the kinds of transactions that are subject to a Grace Period (See Interest
Charges and Transaction Fees Section). If a particular transaction is subject to a Grace Period, Your Account starts in a Grace Period for that
transaction. The Grace Period will continue if You pay Your New Balance on time each Billing Period. You will lose the Grace Period if You do not pay
Your New Balance in a given Billing Period. To regain Your Grace Period after You lose it, You must pay Your New Balance on time for 1 Billing Period.
If You lose Your Grace Period for transactions to which the Grace Period previously applied, You will owe interest on any unpaid Balance. Interest on
those transactions will begin to accrue from the end of the Billing Period for which You failed to pay Your New Balance. For any such transactions that
You make after You lose Your Grace Period, You will pay interest from the Transaction Date until the time that You regain the Grace Period for
transactions of this type.
Index Rate - The rate used for making variable rate adjustments to Your APR. The Index Rate is the Prime Rate as quoted in the "Money Rates"
section of The Wall Street Journal (Eastern Edition) on the 28th day (or if the 28th day is not a business day, the next business day thereafter) of the
prior calendar month. If The Wall Street Journal (Eastern Edition) is not published or the Prime Rate is not given on any of these dates, then the Index
Rate will be determined by using the immediately preceding published Prime Rate for such date. If the Prime Rate is no longer available, SunTrust will
choose a new index and notify You as required by applicable law. Index Rate changes will be effective on Your Billing Period that commences on or
after the first day of the next succeeding month after the Index Rate is published. (For example, if a new Index Rate is published on June 28th, the
new APR would be effective as of the first day of the Billing Period that commences July 1 or after). An Index Rate increase will increase the
applicable APR, which may increase Your Minimum Payment.
Interest Charge - The cost of Your Credit on the Account as a dollar amount that SunTrust derives by applying Your DPR to the Average Daily Balance.
Items - Statements, sales drafts and/or payment instruments.
Late Payment - A payment that You make that SunTrust does not receive before the Due Date.
Margin - The rate added to the Index Rate to determine Your APR.
Minimum Payment - The Minimum Payment due on Your Account as shown on Your Statement.
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New Balance - The entire Balance of Purchases, Cash Advances, Overdraft Advances, Balance Transfers and any Promotional Balances outstanding on
Your Account on the Closing Date, plus all accrued Interest Charges and Other Charges as of such date.
Notice Address for Arbitration - means, except as otherwise specified in the Arbitration Provision, the address that must be used for giving notices
under the Provision. The initial Notice Address for You is the latest address SunTrust has in SunTrust's files. The initial Notice Address for SunTrust is:
SunTrust Bank Legal Department, Attention: General Counsel - Arbitration Election, 303 Peachtree Street N.E., Suite 3600, Mail Code 0643, Atlanta,
Georgia 30308, although SunTrust may give You notice at any time that SunTrust has changed SunTrust's Notice Address.
Other Charges - Charges to Your Account as described in the Other Charges Section of this Agreement, including fees for: Late Payments*, Annual
Fee, Returned Payments*, Stop Payments*, Documentation*, and Phone Payments* *SunTrust will consider reversal of these Other Charges fees on
open Accounts in good standing if circumstances warrant such consideration, such as claims of Bank errors and other mitigating factors.
Overdraft Advance - Credit SunTrust extends to You in the form of a loan from the Account to cover an overdraft on a deposit account that You
designate at SunTrust. You must enroll in the SunTrust overdraft protection program to receive this form of Credit.
Promotional Balance - Credit SunTrust extends for an introductory and other designated Purchase or Balance Transfer transaction, subject to
discounted fees and/or a different DPR than your standard DPR for Purchases. Your use of a Promotional Offer from SunTrust results in a
Promotional Balance.
Promotional Rate - The DPR applied to Promotional Balances.
Purchase - Credit SunTrust extends to You when You or an Authorized User (1) use(s) the Card or Account to purchase goods, labor, insurance or
services through sellers and lessors that honor Your Card or Account for the purpose of completing a Purchase or (2) use(s) a Convenience Check or
other Credit instrument that SunTrust provides for You to make a Purchase.
Returned Payment - A payment that You make that Your financial institution does not honor. If You have a Returned Payment, SunTrust will assess a
fee in accordance with the terms of this Agreement. If SunTrust resubmits a Returned Payment and Your financial institution subsequently honors it,
SunTrust will still assess a Returned Payment fee because Your financial institution originally returned the payment as unpaid. If Your financial
institution returns a payment more than once, SunTrust will not charge more than one Returned Payment fee. If You make a new payment to
SunTrust, however, and Your financial institution does not honor it, SunTrust will assess an additional Returned Payment fee.
Savings Account - the Savings Account (called "Secured Card Savings Account") that You opened and maintain and pledged (via security interest) to
SunTrust to secure payment of your outstanding Balance.
Standard Payment Instructions - These instructions require You to pay your credit Card bill as follows. Pay (1) in U.S. dollars, (2) not in cash, unless
You pay at one of SunTrust's branches, (3) from a U.S. deposit account or cashier's check drawn on a U.S. financial institution, (4) without restrictive
language (e.g., "payment in full") included or attached to the payment, and (5) not from a credit account that SunTrust provides You, such as
a
Convenience Check drawn on this Account. If You make payment in a paper form (like a check, money order, or cashier's check), You must include
the payment coupon from Your Statement or write Your Card Account number on the payment. If SunTrust decides in the Bank's discretion to accept
a form of payment that does not meet these Standard Payment Instructions, SunTrust does not waive the Bank's right to continue to require
payments that comply with these instructions. If SunTrust decides to accept a payment that You make in a foreign currency, SunTrust will choose the
conversion rate to apply. The date You mail the payment is different from the date the Bank receives the payment. The payment date is the date
that the Bank receives Your payment in accordance with these Standard Payment Instructions. If You fail to comply with these Standard Payment
Instructions, credit to Your Account for the payment may be delayed. This delay may result in additional Interest Charges, Other Charges, and
possible suspension of Your Account. Contact SunTrust at 1-800-477-9702 to inquire about phone pay. Mailed payments should be sent to:
SunTrust Bank
Cardholder Services
P.O. Box 791278
Baltimore, MD 21279-1278
NOTE: Any disagreement that You may have with respect to charges on Your Statement must be presented to SunTrust in writing separately from
your payment and to a different address than where Your payments are sent. (See the "Your Billing Rights" Section of this Agreement.)
Statement - SunTrust will send You a bill at the end of each Billing Period if Your Account has a debit Balance of any amount or a credit Balance of
more than $1, unless SunTrust has decided Your Account is uncollectible or has closed or suspended Your Account for collection proceedings against
You. The Statement will tell You the total Balance that You owe the Bank as of the end of the last Billing Period. It will also tell You the Minimum
Payment that You must pay the Bank by the stated Due Date.
SunTrust - means (1) SunTrust Bank, the bank that is providing You Credit, and will include (2) any person(s) to whom the Credit is transferred or
assigned; (3) any Covered Provider; (4) the parents, controlling persons, subsidiaries and affiliates of the companies in (1)-(3) above; (5)
the
successors and predecessors of the companies in (1)-(4) above; and (6) the officers, directors and employees of the companies in (1)-(5) above..
SunTrust may also be referred to as "the Bank."
Termination Date - This is the last day a Promotional Rate will apply to a Promotional Balance. It will be the earlier of (1) the last day specified in the
Promotional Balance offer or (2) the date identified in any notice to You when a Delinquency Triggering Event occurs.
Transaction Date - The Transaction Date of a Purchase is the sale date. The Transaction Date of a Balance Transfer, Cash Advance, or Overdraft
Advance is the date that You request such a transaction.
You, Your and Yours - means the Cardholder(s).
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The information about the costs of the card described in this application is accurate as of September 16, 2013. This information may have changed
after that date. To find out what may have changed, write Cardmember Services, P.O. Box 621569 Orlando, FL 32862-1569.
Interest Rates and Interest Charges
Annual Percentage Rate (APR) for
Prime Rate + 14.74% to Prime Rate + 16.74%
Purchases
This APR will vary with the market based on the Prime Rate.
APR for Balance Transfers
Prime Rate + 14.74% to Prime Rate + 16.74%
This APR will vary with the market based on the Prime Rate.
APR for Cash Advances and Overdraft
24.99%
Advances
This rate will vary with the market based on the Prime Rate.
How to Avoid Paying Interest on Purchases
Your due date is at least 25 days after the close of each billing cycle. We will not charge
you any interest on purchases if you pay your entire balance by the due date each
month.
Minimum Interest Charges
If you are charged interest, the charge will be no less than $1.50.
Fees
Annual Fee
*$29 to $39
Transaction Fees
* Balance Transfer
*$10.00 or 4% of the amount of the transfer, whichever is greater
* Cash Advance
*$10.00 of 4% of the amount of the transfer, whichever is greater
* Foreign Transaction
* 3% of each transaction in U.S. Dollars
Penalty Fees
* Late Payment
* Up to $35
* Returned Payment
* UP to $35
How We Calculate Your Balance: We use a method called "average daily balance (including new transactions)." See the Card Agreement
for more details.
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