VARIABLE RATE CREDIT CARD
AGREEMENT AND
TRUTH-IN-LENDING DISCLOSURE
MARCH 2010
In this Agreement, the words you and your mean each and all of those who applied for the card. Card means any VISA
Platinum, Point Rewards Visa Platinum and Cash Rewards Visa Platinum and any duplicates and renewals we issue. Account
means your VISA Platinum, Point Rewards Visa Platinum or Cash Rewards Visa Platinum line of credit account with us. We,
us and ours mean Hudson Valley Federal Credit Union.
RESPONSIBILITY
You agree to repay all debts and the finance charges arising from the use of the card and the card account. For example, you
are responsible for charges made by yourself, your spouse, and minor children. You are also responsible for charges made by
anyone else to whom you give the card, and this responsibility continues until the card is recovered. You cannot disclaim
responsibility by notifying us, but we will close the account for new transactions if you SO request and return all cards. Your
obligation to pay the account balance continues even though an agreement, divorce decree, or other court judgment to which
we are not a party may direct you or one of the other persons responsible to pay the account.
If you have requested an authorized user on your credit card, you agree to be responsible for all charges made by yourself and
your authorized user. You understand the authorized user is not the person liable for debts incurred with the use of the credit
card, and that you are the person solely responsible for the account.
CREDIT LINE
We have established a revolving line of credit for you and will notify you of its amount when we issue the card. You agree not
to let the account balance exceed this approved credit line. Each payment you make on your account will restore your credit
line by the amount of the payment, which is applied to principal. If you request an increase to your credit limit and we approve
the request, your use of the card constitutes acceptance of the increased line. By giving you written notice we may reduce your
credit line, or with good cause, revoke your card and terminate this agreement. Good cause includes your failure to comply
with this agreement, or an adverse re-evaluation of your creditworthiness. You may also terminate this agreement at any time,
but termination by either of us does not affect your obligation to pay the account balance. The card remains our property and
you must recover and surrender to us all cards upon our request and upon termination of this agreement.
USING THE CARD
You understand that the use of your credit card will constitute acknowledgment of receipt and agreement to the terms of this
Agreement.
To make a purchase or cash advance, there is more than one procedure to be followed. One is for you to present the card to a
participating VISA plan merchant, to us or to another financial institution, and sign the sales or cash advance draft which will
be imprinted with your card. Cash advances made with tellers at our branches or another financial institution cannot exceed
$10,000 per day. Another is to pay for goods or services over the Internet, at which time you may be required to provide card
number security information before you will be permitted to complete the transaction. Another is to complete the transaction
by using your Personal Identification Number (PIN) in conjunction with the card in an Automated Teller Machine or other
type of electronic terminal that provides access to the Visa system, in accordance with the limits set forth in the Electronic
Funds Transfer Disclosure and Agreements. The monthly statement will identify the merchant, electronic terminal or financial
institution at which transactions were made, but sales, cash advance, credit, or other slips cannot be returned with the
statement. You should retain the copy of such slips furnished at the time of the transaction in order to verify the monthly
statement.
INACTIVITY
If your account has been inactive for a period of 23 months at the time the card is due to expire, we may not reissue another
card to you. If you then fail to contact us and your account continues to remain inactive for an additional 13-month period, we
will terminate this agreement. If this agreement is terminated, you will then be required to re-qualify by submitting a new
credit application should you wish to use a HVFCU card. Inactivity does not include owing a balance on your account or
paying an annual fee, if applicable.
ISSUANCE OF PERSONAL IDENTIFICATION NUMBER
We will issue you a Personal Identification Number (PIN) for use with your card. This PIN is confidential and should not be
disclosed to anyone. In the event a use of your PIN constitutes an electronic funds transfer, the terms and conditions of your
Electronic Funds Transfer Disclosure & Agreement apply.
LIABILITY FOR UNAUTHORIZED USE
You may be liable for unauthorized use of your credit card.
Visa: You will not be liable for unauthorized use that occurs after you notify us of the loss, theft, or other unauthorized use. In
any case, your liability will not exceed $50.00 for unauthorized cash advances at ATMs, and zero liability for unauthorized
purchases made with your card. In order to qualify for the zero liability, you must not have been negligent or fraudulent in the
handling of the account.
In case of loss or theft, call the credit union immediately at 845-463-3011; if the credit union is closed, call toll-free at
866-839-3485.
MONTHLY PAYMENT
We will mail you a statement every month showing your previous balances of purchases and cash advances, the current
transactions on your account, the remaining credit available under your credit line, the new balances of purchases and cash
advances, the total new balance, the FINANCE CHARGE due to date, and the minimum payment required. Every month you
must pay at least the minimum payment within 25 days of your statement closing date. You may; of course, pay more
frequently, pay more than the minimum payment, or pay the total new balance in full, and you will reduce the FINANCE
CHARGE by doing SO. The minimum payment will be either (a) 2% of your total new balance, or $10.00, whichever is greater,
or (b) your total new balance, if it is less than $10.00, plus (c) any portion of the minimum payment(s) shown on prior
statement(s) which remains unpaid. In addition, at any time your total new balance exceeds your credit line, you must
immediately pay the excess upon our demand. Payments made to your account will be applied in the following order: Fees,
Finance Charges, Purchases, and Cash Advances. We may accept checks marked "payment in full" or with words of similar
effect without losing any of our rights to collect the full balance of your account with us.
FINANCE CHARGE
Method G (Visa Purchases): Average Daily Balance (including current transactions). To avoid incurring additional Interest
Charges on the balance of purchases (and cash advances, if Method G is specified as applicable to cash advances) reflected on
your monthly statement and, on any new purchases (and if applicable, cash advances) appearing on your next monthly
statement, you must pay the New Balance, shown on your monthly statement, on or before the Payment Due Date. The grace
period for the New Balance of purchases extends to the Payment Due Date.
The Interest Charges for a billing cycle are computed by applying the Periodic Rate to the "average daily balance" of
purchases (and if applicable, cash advances). To get the average daily balance, we take the beginning balance of your account
each day, add any new purchases or cash advances, and subtract any payments, credits, non-accruing fees, and unpaid interest
charges. This gives us the daily balance. Then we add up all the daily balances for the billing cycle and divide the total by the
number of days in the billing cycle. This gives us the average daily balance.
Method A (Visa Cash Advances): Average Daily Balance (including current transactions). The Interest Charge on purchases
begins from the date the transaction is posted to your account, and the Interest Charge on cash advances begins from the date
you obtained the cash advance, or the first day of the billing cycle in which it is posted to your account, whichever is later.
There is no grace period.
The Interest Charges for a billing cycle are computed by applying the Periodic Rate to the "average daily balance" of your
account. To get the average daily balance, we take the beginning balance of your account each day, add any new purchases
or
cash advances, and subtract any payments, credit, non-accruing fees and unpaid interest charges. This gives us the daily
balance. Then we add up all the daily balances for the billing cycle and divide the total by the number of days in the billing
cycle.
For all credit cards, the current Monthly Periodic Rate and the corresponding ANNUAL PERCENTAGE RATE will be
disclosed to you in a separate letter enclosed with this Agreement/Disclosure.
VARIABLE RATE
Your account is subject to a Variable Rate. Your ANNUAL PERCENTAGE RATE (APR) may increase (or decrease) if our
index, the Wall Street Journal Prime Rate in effect on the fifth to last business day of the month increases (or decreases). When
a range of rates is published in the Wall Street Journal on that day, the index will be the highest rate. Each month, the new
index rate is added to the margin (disclosed separately in the letter enclosed) to calculate the ANNUAL PERCENTAGE
RATE. The ANNUAL PERCENTAGE RATE, when changed, affects your entire balance and is effective the first full
statement cycle following the change in the Prime Rate. The ANNUAL PERCENTAGE RATE will never be more than
NCUA's rate ceiling. We will not accumulate unused index rate increases and decreases. Changes in the ANNUAL
PERCENTAGE RATE will result in more (or fewer) payments. We may change the index with proper notice to you.
In accordance with federal regulation, for credit card balance transfers conducted in certain situations such as, changing from
one product to another within this credit union, the amount of the transferred balance will remain at the variable ANNUAL
PERCENTAGE RATE in effect for the product from which the balance was transferred. For example, if you wish to change
from a Point Rewards Visa Platinum card to a Cash Rewards Visa Platinum card and this change results in transferring the
balance remaining on the Point Rewards to the Cash Rewards, the variable ANNUAL PERCENTAGE RATE of the Point
Rewards must remain in effect on the amount transferred until such time that portion of the balance is paid in full and all future
transactions will be charged the variable ANNUAL PERCENTAGE RATE in effect for the Cash Rewards product. This does
not apply in situations when your card requires replacement, for example if your card is compromised, lost, stolen, etc.
CHANGE IN TERMS
We have the right to change any of the terms of this Agreement, including but not limited to rates and fees, at any time. You
will be given notice of a change as required by applicable law. Any change in terms governs your account as of the effective
date, and will, as permitted by law and at our option, apply both to transactions made on or after such date and to any
outstanding account balance. We may amend the Annual Percentage Rate on your account, based on the results of our
obtaining and evaluating your credit information. Use of your account may constitute agreement to any change in terms.
RETURNS AND ADJUSTMENTS
Merchants and others who honor the card may give credit for returns or adjustments, and they will do SO by sending us a credit,
which we will post to your account. If your credits and payments exceed what you owe us, we will hold and apply this credit
balance against future purchases and cash advances, or if it is one dollar or more, refund it on your written request or
automatically after 6 months.
CROSS COLLATERAL
To secure your account, you grant us a purchase money security interest under the Uniform Commercial Code (UCC) in any
goods you purchase through the account, except property used for personal, family or household purposes. Any collateral
securing other loans with us (other than your principal dwelling) will also secure advances made under this Agreement. If you
default, we will have the right to recover any of these goods, which have not been paid for through our application of your
payments in the manner described under the paragraph Monthly Payments, as provided in this Agreement.
CONSENSUAL SECURITY INTEREST
(Shares/deposits as Security)
To secure performance of your obligations under this Agreement, you hereby grant us a security interest in all
individual and joint share/deposit account(s) that you may have with us from time to time and in any other money
that we may owe you. You understand and intend that by reason of such security interest here granted, we may
satisfy your indebtedness under this Agreement by charging your share/deposit account(s) maintained with us if you
default in payment under the Agreement, without further notice to you. This security interest does not apply to any
Individual Retirement Account or any other account that would lose special tax treatment under state or federal law
if given as security.
FOREIGN TRANSACTIONS
Purchases and cash advances made in foreign countries and foreign currencies will be billed to you in U.S. dollars. The
conversion into dollars will be made in accordance with the operating rules for international transactions established by Visa,
USA, Inc. and may occur on a date other than the date of the transaction; therefore, the currency conversion rate may be
different than the rate in effect at the time of the transaction.
We do not determine the currency conversion rate that is used nor do we receive any portion of the currency conversion rate.
You agree to pay the converted amount.
The exchange rate to dollars will be a rate that is in effect for the applicable central processing date and is selected either from
the range of rates available in wholesale currency markets; or the government mandated rate. An International Transaction Fee
of 1% of the transaction amount will be assessed and will be shown independently of the transaction on your billing statement.
PLAN MERCHANT DISPUTES
We are not responsible for the refusal of any plan merchant or financial institution to honor your card.
We are subject to claims and defenses (other than tort claims) as described below under Your Billing Rights notice.
DEFAULT
You will be in default if:
you fail to make any minimum payment within 25 days of your statement date;
you fail to live up to the terms and conditions of this Agreement and Truth-in-Lending Disclosure;
your creditworthiness is impaired;
you die, become insolvent, or are the subject of bankruptcy or receivership proceedings;
you have made a misrepresentation in connection with the credit card application and/ or this Agreement, or;
you are in default on any other loan with us.
If you are in default, we have the right to terminate this Agreement and demand immediate payment of your full account
balance, subject to our giving you any notice required by law. To the extent permitted by law, you will also be required to pay
our collection expenses, including court costs and reasonable attorney fees.
CREDIT INFORMATION
You authorize us to disclose information regarding your account to credit bureaus and other creditors who inquire of us about
your credit standing. You also authorize us to request and use a report(s) from outside credit reporting agencies in considering
your original request for credit or in connection with renewal or continuation of the credit for which you have applied. If you
request it, we will tell you whether or not we asked for such a report, and if we have, give you the name and address of the
agency or agencies.
EFFECT OF AGREEMENT
This agreement will be effective when you or an authorized user uses the card or the account, or if you fail to cut your card
in
half and return it to us within 30 days after it is issued to you. This agreement applies to all transactions on your account even
though the sales, cash advance, credit, or other slips you sign or receive may contain different terms.
FEES
If you fail to make any minimum payment within 35 days of the statement date, a late fee will be imposed as set forth in the
Fees for Special CU Services schedule.
Your Visa card is also subject to other applicable fees as set forth in the Fees for Special CU Services schedule.
The Fees for Special CU Services schedule accompanies this Agreement and Disclosure and is incorporated by this reference.
We will charge such fees against your account.
NO WAIVER
We can delay enforcing any of our rights any number of times without losing them.
STATEMENTS
Statements and notices will be mailed to you at the most recent address given to us. Notice sent to any one of you will be
considered notice to all.
ACCOUNT BALANCE RESTRICTIONS
In order to be approved for and maintain a Secured Visa account, you agree to give us a specific pledge of shares which will
equal your credit limit. You may cancel your Secured Visa account at any time without penalty and redeem your pledged
shares by paying any amounts borrowed through the use of your card. In order to be certain that your entire balance and all
advances on your account are paid, any shares pledged may not be available for 30 days after you have cancelled your account
and any outstanding balance is paid in full.
AUTOMATIC PAYMENT SERVICE
If you requested to have your credit card payment made automatically, your payment will be made 25 days after the statement
print date. If the payment date falls on a weekend or holiday, the payment will be made the next processing day. Payments will
be based on the ending balance from the previous month's statement.
If you wish to cancel this service, you may notify us either by calling or writing, at any time, up to 3 business days before the
scheduled date of the transfer. You must follow up any oral notification, in writing, within 14 days of the oral notification.
ILLEGAL USE OF FINANCIAL SERVICES
Any financial service provided by the credit union may be used for any transaction permitted by law. You agree that illegal use
of any financial service will be deemed an action of default and/or breach of contract and such service and/or other related
services may be terminated at our discretion. Illegal use includes, but is not in any way limited to, unlawful Internet gambling.
You further agree, should illegal use occur, to waive the right to sue us for such illegal activity directly or indirectly related to
it.
You also agree to indemnify and hold the credit union harmless from any suits or other legal action or liability, directly or
indirectly, including credit union expenses associated with defense of such law suits or other legal action, including attorney
fees, resulting from such illegal use.
BLOCKING CARDS AND/OR REFUSAL TO AUTHORIZE TRANSACTIONS
We may block this card due to the appearance of unusual spending behaviors or block transactions originating in certain
domestic or international regions where there is a high volume of fraud.
CONVENIENCE CHECKS
You can access your revolving line of credit to purchase goods and services or to obtain cash up to the amount of your credit
limit through the use of convenience checks. Use of your convenience checks is a cash advance on your account and is subject
to a $10,000 daily limit. We are not required to honor a check that will cause you to exceed your credit limit. We will not pay a
convenience check if at the time the check is presented, you are in default or we have suspended, terminated or cancelled your
account. Each Check must be in the form we have issued to you. Convenience checks may be used only by the person whose
name is printed on the check. You are responsible for all authorized use of your checks. You may not use a check to pay any
amount, which you owe us under your account. Your monthly statement will show you an itemization of the checks posted to
your account during the billing cycle. Checks paid by us will not be returned to you with your monthly statement. You may
order a stop payment on a convenience check by notifying us orally or in writing. Oral notices must be confirmed in writing
within fourteen (14) days. Written stop payment orders will remain in effect for six (6) months, but may be renewed for an
additional six (6) month period by written notice during the time the stop payment order was effective. We will charge a fee
when we place a stop payment on your check(s). Convenience checks are the property of the credit union. We reserve the right
to revoke them at any time. You agree to return them at our request.
INTEGRATED DOCUMENTS
Any separate sheet of paper, which is delivered to you with this Agreement, is an integrated part of this Agreement and
Disclosure.
HOLDER IN DUE COURSE NOTICE (IF APPLICABLE)
NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND
DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED
PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL
NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.
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:
Hudson Valley Federal Credit Union
159 Barnegat Rd.
Poughkeepsie, NY 12601
You may also contact us on the web at hvfcu.org and click on "Contact Us."
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 or electronically. 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 the amount in question, or report you as delinquent on that amount.
The charge in question may remain on your statement, and we may continue to charge you interest on that amount.
While you do not have to pay the amount in question, you are responsible for the remainder of your balance.
We can apply any unpaid amount against your credit limit.
After we finish our investigation, one of two things will happen:
If we made a mistake: You will not have to pay the amount in question or any interest or other fees related to that amount.
If we do not believe there was a mistake: You will have to pay the amount in question, along with applicable interest and fees.
We will send you a statement of the amount 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 CREDIT CARD PURCHASES :
If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good
faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase.
To use this right, all of the following must be true:
1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase
price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we
mailed to you, or if we own the company that sold you the goods or services.)
2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check
that accesses your credit card account do not qualify.
3. You must not yet have fully paid for the purchase.
If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at:
Hudson Valley Federal Credit Union
159 Barnegat Rd.
Poughkeepsie, NY 12601
or electronically at hvfcu.org and click on "Contact Us".
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.
CREDIT CARD RATES EFFECTIVE JUNE 30, 2010
TYPE OF ACCOUNT
VISA PLATINUM
POINT REWARDS VISA PLATINUM
CASH REWARDS VISA PLATINUM
Current Rate
Current Rate
Current Rate
Annual Percentage Rate (APR) for
11.25% to 17.25% 1
12.25% to 18.00% 1
13.25% to 18.00% 1. 1
Purchases
and may vary
and may vary
and may vary
Monthly Periodic Rate for
0.93750% to 1.43750%
1.02083% to 1.50000%
1.10417% to 1.50000%
Purchases
Current Rate
Current Rate
Current Rate
Annual Percentage Rate (APR) for
11.25% to 17.25% 1
12.25% to 18.00% 1
13.25% to 18.00%
1
Cash Advances
and may vary
and may vary
and may vary
Monthly Periodic Rate for Cash
0.93750% to 1.43750%
1.02083% to 1.50000%
1.10417% to 1.50000%
Advances
Current Rate
Current Rate
Current Rate
Annual Percentage Rate (APR) for
11.25% to 17.25% 1
12.25% to 18.00% 1
13.25% to 18.00%
1
1
Balance Transfers
and may vary
and may vary
and may vary
Monthly Periodic Rate for Balance
0.93750% to 1.43750%
1.02083% to 1.50000%
1.10417% to 1.50000%
Transfers
Your Annual Percentage Rate for
Your Annual Percentage Rate for
Your Annual Percentage Rate for
Variable Rate Information
purchases, cash advances, and balance
purchases, cash advances, and balance
purchases, cash advances, and balance
CREDIT CARD RATES EFFECTIVE JUNE 30, 2010
TYPE OF ACCOUNT
VISA PLATINUM
POINT REWARDS VISA PLATINUM
CASH REWARDS VISA PLATINUM
transfers may vary. 2
transfers may vary. 2
transfers may vary. 2
Grace Period for Repayment of
25 days from statement closing date
25 days from statement closing date
25 days from statement closing date
Balance
Method of Computing the Balance
Average Daily Balance 3
Average Daily Balance 3
Average Daily Balance 3
for Purchases
Annual Fee
None
None
None
Transaction Fee for Cash Advances
None
None
None
Transaction Fee for Balance
None
None
None
Transfers
Over-the-Credit-Limit Fee
None
None
None
Late Payment Fee
$29.00
$29.00
$29.00
Returned Check (NSF) Fee
$24.00
$24.00
$24.00
Foreign Transaction Fee
Exchange Rate + 1% Of Transaction
Exchange Rate + 1% Of Transaction
Exchange Rate + 1% Of Transaction
1
Rates for this product are based on an evaluation of applicant credit.
2
Your account is subject to a Variable Rate. Your ANNUAL PERCENTAGE RATE (APR) may increase (or decrease) if our index, the Wall Street Journal Prime Rate in effect on the fifth to
last business day of the month increases (or decreases). When a range of rates is published in the Wall Street Journal on that day, the index will be the highest rate. Each month, the new
index rate is added to the margin of 8.00% to 14.00% for Visa Platinum, 9.00% to 15.00% for Point Rewards and 10.00% to 16.00% for Cash Rewards to calculate the ANNUAL
PERCENTAGE RATE. The ANNUAL PERCENTAGE RATE when changed affects your entire balance and is effective the first full statement cycle following the change in the Prime Rate.
The ANNUAL PERCENTAGE RATE maximum will never be more than NCUA's rate ceiling. We will not accumulate unused index rate increases or decreases. Changes in the ANNUAL
PERCENTAGE RATE will result in more (or fewer) payments. We may change the index with proper notice to you.
3 T o get the average daily balance, we take the beginning balance of your account each day, add any new purchase or cash advances, and subtract any payments, credits, non-accruing
fees, and unpaid interest charges. This gives us the daily balance. Then we add up all the daily balances for the billing cycle and divide the total by the number of days in the billing cycle.
This gives us the average daily balance.