Ally CashBack 
Credit Card Agreement 

1.  INTRODUCTION.  Your Ally  CashBack  Credit  Card  account  (“Account”)  is subject to  this  Credit  Card Agreement,  including  the Interest 
Rate  and  Fee  Schedule  we  send  with  your  credit  card(s)  (“Card”)  when  we  open  an Account  for  you.  This  Credit  Card Agreement,  the 
Interest Rate and Fee Schedule and the application or solicitation you submitted for this Account are all a part of and collectively referred to 
as the “Agreement.” Please read and keep this Agreement for your records.  TD Bank, NA. issues and services the Ally CashBack Credit 
Card.  

You, your and yours mean each person who applied for the Account and the person to whom we direct billing statements (“Statements”). 
We,  us,  our  and  TD  Bank  or Bank mean TD Bank,  N.A.,  a  national  bank  with  its main  office  located  in Delaware  and  its successors and 
assigns. Authorized User means any other person to whom you give permission to use your Account.   

A. Account Use and Acceptance. By accepting your Card and using or maintaining your Account, or letting someone else use your Card or 
your Account, you agree to all of the terms of this Agreement. You acknowledge that you received a copy of this Agreement. Your signature 
on  your  application  or  solicitation  for  this Account,  including  without  limitation  any  electronic  signature  or  oral  acceptance  of  a  telephone 
offer, your Card or any Account-related document represents your signature on this Agreement. 

You  agree  that  you  and  each  Authorized  User  will  not  use  your  Card  or  Account  for  any  unlawful  or  illegal  purposes.    Such 
transactions include,  but  are  not  limited  to,  online gambling  transactions,  the  purchase  of  lottery  tickets  or  casino  chips  or  off-
track betting and wagering. We reserve the right to block all such transactions. If any such charge or transaction is approved and 
processed, you will still be liable for the charge.  

B. Promise to Pay. You promise to pay us for all Purchases, Balance Transfers and Cash Advances resulting from the use of your Card or 
Account,  plus  interest charges  and  all  other  fees  and charges  owed  under  this Agreement  (including  without  limitation  all  Purchases  and 
Cash Advances made by an Authorized User). 

2.  GOVERNING  LAW.  Applicable  federal  law  and  the  substantive  laws  of  the  State  of  Delaware  (to  the  extent  not  preempted  by 
federal law) without regard to principles of conflicts of law or choice of law shall govern this Agreement. To the extent any court 
determines  that  this  Agreement  is  subject  to  Maryland  law  concerning  credit,  you  and  TD  Bank  agree  that  your  Account  is 
governed by Title 12, Subtitle 9 of the Commercial Law Article of the Annotated Code of Maryland, except as preempted by federal 
law. 

3.  USING YOUR ACCOUNT 

A. Credit Limit.  

1. General. Your initial credit limit is shown in the materials we send with your Card when we open an Account for you. Your current credit 
limit will be shown on each Statement. You also may go online to ally.com/ccservicing or call Customer Service at 1-888-916-2559 for your 
current credit limit. You agree to not go over your credit limit. We may permit you to go over your credit limit, but we are not required to do 
so. If your Account goes over your credit limit, you agree to pay the overlimit amount when it is billed or sooner upon our request. 

2. Limit for Cash Advances. We may set a credit limit for the total dollar amount of cash advances that may be outstanding from time to 
time that is lower than the overall credit limit for your Account.  

3. Changes to Credit Limit. In our discretion, at any time, we may change any credit limit that applies to your Account. We will notify you if 
we change any credit limit. You may ask us to change your credit limit by contacting Credit Card Servicing at P.O. Box 84037, Columbus, GA 
31908-4037, by first class mail, postage prepaid, or by telephoning Customer Service at 1-888-916-2559. We do not have to agree to any 
such request.   

B. Types of Transactions. 

1. Purchases. You may use your Card to pay for the purchase or lease of goods or services wherever your Card is honored. If you use your 
Card to purchase or lease goods or services by telephone, mail or internet, you agree that your signature is not necessary as identification in 
such cases.  

2. Cash Advances. You may use your Card to obtain cash advances wherever your Card is honored for cash advances. Cash Advances 
obtained from a financial institution, an automated teller machine, or any other party that agrees to honor the credit card for cash advance 
purposes, and all Convenience Checks (including Convenience Checks used to transfer balances) posted to your account are considered 
Cash Advances.  For  example,  your  Card may  be  used  to  obtain  cash  advances  at ATMs  displaying  the VISA  logo  and from  participating 
financial  institutions  honoring  VISA  credit  cards.  You  may  be  required  to  sign  a  special  form  and/or  provide  your  personal  identification 
number  (PIN).  Please  select  a  PIN  that  is  not  easily  identifiable  and  does  not  consist  of  one  single  number  (for  example,  "1111")  or 
consecutive numbers. PINs should also not be based on or include your birth date, sip code or Account number. Do not write your PIN on 
your Card and do not keep your PIN with or near your Card or any Access Device.  See the Interest Rate and Fee Schedule on the card 
mailer for Cash Advance fee details. The amount of the Cash Advance transaction fee will be added to your minimum monthly payment and 
is due by the payment due date indicated on your monthly billing statement. 

3. Balance Transfers. We may allow you to transfer balances from other credit card accounts with third parties (but not us or our affiliates) 
to your Account. We may limit the number and types of credit card accounts from which we will allow you to transfer balances and the times, 

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amounts, manner and circumstances in which Balance Transfers may be requested. The minimum Balance Transfer amount is $250 (plus 
the Balance Transfer Transaction Fee).  See the Interest Rate and Fee Schedule on the card mailer for Balance Transfer fee details.  

Introductory  or  Promotional  APRs  on  Balance  Transfers:  We  may  from  time  to  time  make  available  certain  promotional  Annual 
Percentages Rate (APRs) on balance transfer transactions. See section 4 – Interest Charges, subsection C for details on how to 
avoid paying interest if you take advantage of a 0% Introductory or Promotional Annual Percentage Rate (APR) Balance Transfer 
offer and then you use your Account to make new Purchases. 

4. Access Devices. We may from time to time issue additional Account access devices (“Access Devices”). Access Devices may include, 
for  example,  special  checks  you  may  use  to  obtain  cash  advances  or  oral  offers  or  written  forms  by  which  you  may  request  balance 
transfers. Each Access Device must be in the form we issue and must be used according to the instructions we give you. We may refuse to 
process Access Devices received after any applicable expiration date. We will not return paid Access Devices to you. Access Devices may 
not  be  used  to  pay  any  amount  owed  to  us  or  our  affiliates.  We  will  not  certify  any Access  Device.  You  may  not  post-date  any Access 
Device. We may refuse to process a post-dated Access Device or process it before the date on the Access Device. 

5.  Foreign  Transactions.  If  you  use  your  Account  to  make  a  purchase  or  cash  advance  in  a  foreign  currency,  the  transaction  will  be 
converted to U.S. Dollars based on a rate selected by VISA U.S.A. Inc. (or any of its affiliates) from the range of rates available in wholesale 
currency  markets  for  the  applicable  central  processing  date  (which  may  vary  from  the  rate  VISA  U.S.A.  Inc.  itself  receives)  or  the 
government-mandated rate in effect for the applicable central processing date. The currency conversion rate used by VISA U.S.A. Inc. (or 
any of its affiliates) on the currency conversion date may differ from the exchange rate in effect on the day you made the transaction or on 
the day the transaction is posted to your Account. 

C.  Stop  Payment.  If  you  want  us  to  stop  payment  on  an Access  Device,  notify  Credit  Card  Servicing  immediately  at  P.O.  Box  84037, 
Columbus, GA 31908-4037, by first class mail, postage prepaid, or call us at 1-888-916-2559.  If you call, you must confirm your request in 
writing within 14 days. A written stop payment request will remain in effect for six months unless renewed in writing. Call or write us with your 
stop payment request as soon as possible after you have submitted the Access Device and give us information about the Access Device to 
help us identify it. 

If you ask us to stop payment, we will make reasonable efforts not to pay that Access Device. However, if we pay that Access Device despite 
these efforts, we will not be liable to you for paying that Access Device. We may not be able to stop payment if you call or write us after we 
have started processing the Access Device. A Stop Payment Fee may apply. 

D. Refusal to Honor Your Card or Access Device. A merchant, business or financial institution may refuse to honor your Card or Access 
Device.  You  and  each Authorized  User  agree  that  you  have  no  legal  claims  or  damages  against  us  or  anyone  else  if  your  use  of  your 
Account is denied by any merchant, business or financial institution. 

E. Statements. 

1. General. At the end of  each monthly billing cycle (“Billing Cycle”), if there was activity on your Account, we will send you a Statement 
showing what you owe (the “New Balance”) as of the end of the Billing Cycle. The Statement will show any interest charges you owe, the 
minimum  payment  due,  the  payment  due  date,  your  current credit  limit,  an itemized  list  of  fees, charges,  payments  and credits  posted  to 
your Account during the Billing Cycle and other important information. We will mail or deliver the Statement to the address we have on file 
for your Account.  

2. Change of Address. You must notify us promptly of any change in your address by contacting Credit Card Servicing at P.O. Box 84037, 
Columbus,  GA  31908-4037,  by  first  class  mail,  postage  prepaid,  or  by  calling  us  at  1-888-916-2559.  We  may  accept  mailing  address 
corrections  from  the  United  States  Postal  Service.  You  may  also  update  your  address  online  via  ally.com/ccservicing.  Until  we  receive 
process  and  verify  your  new  address,  we  will  continue  to send Statements  and  other  notices  to the last  address  we  have  on  file for  your 
Account (which may be a correction from the United States Postal Service).  

F.  Credit  Balance.  We  will  make  a  good  faith  effort  to  return  to  you  any  credit  balance  that  has  been  on  your Account  longer  than  six 
consecutive Billing Cycles (or, in our discretion, for a shorter time period). You may also request a refund of a credit balance on your Account 
at any time by sending your request to Credit Card Servicing at P.O. Box 84037, Columbus, GA 31908-4037, by first class mail, postage 
prepaid. We may reduce the amount of any credit balance on your Account by applying the credit balance towards new fees and charges 
posted to your Account. We do not pay any interest on credit balances.  

G. Payments. You may at any time pay off the full unpaid balance or part of the unpaid balance under this Agreement. 

1.  Minimum  Payment.  If  you  have  an  outstanding  balance,  we  must  receive  your  minimum  payment  as  set  forth  in  section  2  "Making 
Payments" below. The minimum payment will be the greater of: 

(i) 

(ii) 

$35, or  

One percent (1%) of the New Balance plus: 

(a) 

(b) 

The periodic interest charges for the Billing Cycle; plus 

The  full  amount  of  any  transaction  fees  (such  as  Cash  Advance,  Balance  Transfer  and  Foreign 
Transaction Fees) owed for the Billing Cycle; plus 

(c) 

The full amount of any Annual Membership Fee, Late Payment Fee or other applicable fees owed.  

In addition, any past due minimum payment amounts will be added to your current minimum payment due. 

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If your New Balance is less than $35, your minimum payment will equal your New Balance.   

Credits,  adjustments,  refunds,  prepayments  and  similar  Account  transactions  may  not  be  used  in  place  of  payment  of  any  portion  of  a 
required minimum payment. You may pay more than the minimum payment due (this is a prepayment) without any penalty. The sooner you 
pay  the  New  Balance,  the  less  you  will  pay  in  interest  charges. A  prepayment  in  one  Billing  Cycle  will  not  excuse  you  from  paying  the 
minimum payment due in the next Billing Cycle.  

2. Making Payments. Payments may be made by mail, online, or over the phone.  All payments must be in U.S. dollars and, if applicable, 
drawn on a U.S. bank. Business Day is defined as Monday through Friday, excluding federal holidays. 

a.  By  Mail. Send  a  check  or money  order  to  the  payment  address  shown  on  your  Statement  with the  payment  stub  from  your 
Statement. Do not mail any cash payments. A properly addressed payment with the payment stub will be credited to your Account 
as  of  the  date  received  if  we  receive  it  by  5  p.m.  Eastern  Time  on  a  Business  Day.  A  properly  addressed  payment  with  the 
payment stub received after 5 p.m. Eastern Time or on a day that is not a Business Day will be credited to your Account as of the 
next Business Day. You agree to not give us any post-dated check as payment on your Account. If the payment due date falls on a 
day on which we do not receive or accept payments, the payment will not be treated as late if received the next Business Day.  

b. Online. You may pay online by logging into ally.com/ccservicing. A payment made online through ally.com/ccservicing will be 
credited  to  your Account  as  of  the  date  received  if  we  receive  it  by  5  p.m.  Eastern Time  on  a  Business  Day.  Online  payments 
received after 5 p.m. Eastern Time or on a day that is not a Business Day will be credited to your Account as of the next Business 
Day.    This  section  does  not  apply  if  you  make  your  payment  online  using  your  online  bill  payment  service.    For  this  section  to 
apply your payment must be made through either ally.com/ccservicing or  

c. By Phone. You may pay by phone by calling 1-888-916-2559. A payment made by phone will be credited to your Account as of 
the date received if we receive it by 5 p.m. Eastern Time on a Business Day. Phone payments received after 5 p.m. Eastern Time 
or on a day that is not a Business Day will be credited to your Account as of the next Business Day.  From time to time, we may 
allow you to expedite a single payment to your Account from a designated bank account of yours by telephone. 

d. Delay in Crediting and Available Credit. We may reject or delay crediting payments that do not follow the instructions above. 
For example, there may be a delay of up to five days in crediting a payment by mail if it is received at an address other than the 
address  we  specify  for  payments on  your Statement  or  if it  is  received  without the  required  payment stub. Your  available  credit 
limit(s) may not reflect the payment for up to 15 days after we have credited a payment to your Account.   

3. Application of Payments.  

a. Generally.  We will generally apply your minimum payment in the following order: 
(i) 
(ii) 

to Interest Charges and other fees; 
to transactions (Purchases, Balance Transfers, Cash Advances) with the lowest Daily Periodic Rates and corresponding 
APRs; 
to transactions with the highest Daily Periodic Rates and corresponding APRs. 

(iii) 

b. Application of Payments in Excess of Minimum Payment.  We will generally apply your payments and credits in excess of 
the minimum payment in the following order: 
(i) 

to  transactions  (Purchases,  Balance  Transfers,  Cash  Advances)  with  the  highest  Daily  Periodic  Rates  and 
corresponding APRs; 
to transactions with the lowest Daily Periodic Rates and corresponding APRs.  

(ii) 

4. Payments Marked “Paid in Full”.  Any check, money order or other instrument sent in payment on your Account marked with “paid in 
full” or similar notation to settle a debt on your Account that is reasonably in dispute (and any accompanying letter or other instructions) must 
be sent to Credit Card Servicing P.O. Box 16027, Lewiston, ME  04243-9513. If such payment is sent to any other address, you agree that 
(i) we may ignore any special notations or instructions on or with the payment and (ii) our crediting any such payment to your Account does 
not mean that we have agreed to any special notations or instructions on or with the payment. 

5. Automatic Payments. We may allow you to repay amounts owed under this Agreement through automatic payments from a savings or 
checking  account.  We  may  terminate  our  permission  to  make  automatic  payments  at  any  time.  If  we  allow  automatic  payments,  no 
automatic  payment  will  occur  unless  the  savings  or  checking  account  has  sufficient  collected  funds  in  it  on  the  Business  Day  before  the 
payment due date to cover the full amount of the minimum payment due (or any larger monthly payment you and we may agree to from time 
to time). If an automatic payment does not occur for any reason, you still must pay the minimum payment and a Late Payment Fee may 
apply. 

If you have authorized us to pay your credit card bill automatically from your checking or savings account with us, you can stop the payment 
on any amount you think is wrong. To stop the payment, write to: Credit Card Servicing, P.O. Box 84037, Columbus, GA 31908-4037 or call 
1-888-916-2559.  To stop the payment, your letter or telephone call must reach us three Business Days before the automatic payment is 
scheduled to occur.  

6. Electronic Check Conversion. When you send a check as payment, you authorize us either to use information from your check to make 
a one-time electronic fund transfer from your bank account or (at our option) to process the payment as a check transaction. When we use 
information  from  your  check  to  make  an  electronic  fund  transfer,  funds  may  be  withdrawn  from  your  bank  account  on  the  same  day  we 
receive  your  payment,  and  you  will  not  receive  your  check  back  from  your  financial  institution.  If  we  cannot  process  the  electronic  fund 
transfer, or if it is returned to us, you authorize us to reinitiate the electronic fund transfer from your bank account. Alternatively, we may (at 
our  option)  present  the  original  check,  a substitute check,  draft  or similar  negotiable  instrument  to  obtain  payment.  If  you  have  questions 
about electronic check conversion, you may telephone us at 1-888-916-2559. 

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H. Additional Cards and Authorized Users. 

1. Additional Cards. You may request additional Cards and permit Authorized Users to have access to your Card or Account. You will be 
liable for all Account transactions made and all fees incurred by those Authorized Users (including without limitation interest charges). We 
may limit the total number of Cards and other Access Devices issued. 

2.  Revoking  Authorized  User’s  Authority.  To  revoke  your  permission  for  any  person  you  previously  authorized  to  use  your  Card  or 
Account, notify Credit Card Servicing at P.O. Box 84037, Columbus, GA 31908-4037, by first class mail, postage prepaid, or call us at 1-888-
916-2559. We reserve the right not to discontinue any Authorized User’s ability to use your Account until we have received the Authorized 
User’s  Card  and  any  unused  Access  Devices  in  the  possession  or  control  of  the  Authorized  User  (cut,  torn,  or  otherwise  deliberately 
damaged to prevent unauthorized use by third parties). You agree to send the Authorized User’s Card and any Access Devices to  Credit 
Card Servicing, P.O. Box 84037, Columbus, GA 31908-4037 upon our request. You will remain responsible for all Account transactions by 
Authorized Users until we discontinue the Authorized User’s authority to use your Account. 

If  you  ask  us  to  revoke  an Authorized  User’s  ability  to  use  your Account,  you  agree  that  we  will  close  the  affected  card(s)  only  to  new 
transactions.  Your Account number will not change. If we do this, you must notify anyone you have authorized to submit and post charges to 
your Account using the affected card.   

I. Lost or Stolen Cards, Account Numbers or Access Devices. If any Card, Account number or Access Device is lost or stolen, or if you 
think someone used or may use them without your permission, notify us AT ONCE by calling 1-888-916-2559. You agree that we may close 
your Account  to  new  transactions,  change  your Account  number(s)  and  issue  you  a  new  Card(s)  and  new Access  Devices  with  different 
Account number(s) if we have been notified of the possible loss, theft or unauthorized use. If we do this, you must notify anyone you have 
authorized to submit and post charges to your Account of your new Account number(s). Do not use your Card, Account number or Access 
Device after you notify us, even if your Card or other Access Device is later found or returned. 

Under VISA U.S.A.’s “Zero Liability Policy” you may not be liable for the unauthorized use of your Account or Card that results in a 
fraudulent  transaction  made  over  the  VISA  network.  To  be  eligible,  you  must  notify  us  immediately  of  any  unauthorized  use  of 
your  Account  or  Card.  We  will  provisionally  credit  you  for  losses  from  the  unauthorized  Card  use  within  five  Business  Days  of 
your  notification  to  us  of  the  loss.  The  VISA  Zero  Liability  Policy  does  not  apply  to  transactions  made  at  an  ATM  or  to  any 
transactions  made  using  your  PIN  that  are  not  processed  by  VISA.  We  may  impose  greater  liability,  or  withhold,  delay,  limit  or 
rescind  any  provisional  credit  that  we  provide  to  you  under  the  Zero  Liability  Policy,  based  on  factors  such  as  your  gross 
negligence  or  fraud,  your  delay  in  reporting  unauthorized  use,  our  investigation  and  verification  of  your  claim,  your  Account 
standing and history and other factors. If you are not eligible for the VISA Zero Liability Policy or it otherwise does not apply, you 
may be liable for unauthorized use of  your Account, but not for more than $50. You won’t be liable for any unauthorized use of 
your  Account  that  occurs  after  you  notify  us  of  the  loss,  theft  or  possible  unauthorized  use  of  your  Card,  Account  number  or 
Access  Device. We  may  require  you  to  provide  certain information  in writing  to help  us  find out what  happened. You  also must 
identify  for  us  any  charges  on  your  Statement  that  were  not  made  by  you  or  someone  authorized  by  you  and  from  which  you 
received no benefit.  

4.  INTEREST CHARGES  

A. Annual Percentage Rates. Annual Percentage Rate or APR means the annual rate of interest charged on Account balances. The APRs 
and corresponding Daily Periodic Rates for your Account are listed in the Interest Rate and Fee Schedule. To get the Daily Periodic Rate, we 
divide the APR by 365 and round at the seventh place after the decimal point. We may charge different Daily Periodic Rates and APRs on 
different Account transactions (such as Purchases, Cash Advances and Balance Transfers) or during special promotional periods.  

B. Variable Rates. Your APRs are subject to change each Billing Cycle and are determined each Billing Cycle by adding the Margins listed 
in the Interest Rate and Fee Schedule to the Index. The Index is the Prime Rate (U.S.) published in the Money Rates section of The Wall 
Street Journal. Your APRs may increase  if  the Index  increases.  If  any APR  increases, the  amount  of  interest  charged  and  your minimum 
payment may increase. Any change in the APRs will take effect on the first day of the month in which a change to the Index occurs. When a 
range of rates has been published on the day we calculate the APR, the highest of the rates will be used.  If this Index is no longer available 
we will select a new one. The maximum rate for any variable APR is the applicable Margin plus the Index. 

C.  Introductory  or  Promotional APR.  We  may  offer  you  an  introductory  or  promotional APR  for  specific Account  transactions,  such  as 
balance transfers. Any introductory or promotional APR offer will be subject to the terms of the offer and this Agreement. Upon the expiration 
of an introductory or promotional APR, the rate will return to the rate for the specified type of transaction(s) as stated in this Agreement.  See 
Section 4 – Interest Charges, subsection D for details on how to avoid paying interest on new purchases if you take advantage of 
a 0% introductory or promotional APR Balance Transfer offer.  

D.  When  Interest  Charges  Begin.  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 Billing Cycle.  We will begin charging interest on Cash Advances 
and Balance Transfers on the transaction date.  There is no time period in which you may repay a Cash Advance or Balance Transfer and 
avoid  imposition  of  an  interest  charge.  If  you  have  a  balance  transfer  balance  on  your  Account  that  is  subject  to  a  0%  introductory  or 
promotional APR we will not charge you interest on new purchases during the term of the introductory or promotional offer if you pay by the 
payment due date of each Billing Cycle the amount shown within the 'Payment Information" box titled "Payment to Avoid Purchase Interest". 
We  calculate  the  amount  by  adding  :  (1)  your  Minimum  Payment  Due;  plus  (2)  the  total  outstanding  purchase  balance;  plus  (3)  the  total 
outstanding  cash  advance  balance;  plus  (4)  the  total  amount  of  outstanding  balance  transfer  balances  that  are  not  subject  to  the  0% 
introductory or promotional APR; plus (5)  any fees that had been assessed to the Account. The "Payment to Avoid Purchase Interest" will 
never be less than the minimum due. 

E.  Balance  Calculation Method (Average  Daily  Balance  Method  (Including  Current  Transactions).  In  any  Billing  Cycle  in  which  you 
owe interest, we will charge interest on your balances of Purchases, Balance Transfers and Cash Advances at the applicable Daily Periodic 
Rates. We figure the interest charge on your Account 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  transactions  and  fees  and  subtract  any 

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payments or credits. 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”. We compound (charge interest on) unpaid interest charges 
and unpaid fees. 

F. Minimum Interest  Charge. If the  total  interest charges  on  your Account for  a Billing  Cycle  are  greater  than  zero  but  less than  $1, the 
interest charge for that Billing Cycle will be $1.  

5. FEES. You agree to pay the fees described below whenever applicable.  

A. Annual Membership Fee. None 

B. Cash Advance and Balance Transfer Transaction Fees.  

1. Cash Advance and Balance Transfer Transaction Fees. We will charge a transaction fee on each cash advance and balance transfer 
you obtain in the amounts shown in the Interest Rate and Fee Schedule. 

2. Foreign Transaction Fee.  If your Account has a Foreign Transaction Fee, we may impose a fee equal to a certain percentage of the 
U.S. Dollar amount of a foreign transaction as shown in the Interest Rate and Fee Schedule.   

C. Late Payment Fee. The first time we do not receive a required minimum payment when due, we may charge a Late Payment Fee of the 
minimum payment due or $25, whichever is less.  If over the next six Billing Cycles, the minimum payment is not received when  due, we 
may charge a Late Payment Fee of the minimum payment due or $35, whichever is less.  

D. Other Fees. We may also charge the following fees, subject to any restrictions of applicable law. 

1. Copy Fees. We may charge you a fee of up to $7 for each copy of a Statement or sales draft you request or up to $5 for each copy of a 
payment  check  or  written  Access  Device  you  request.  However,  we  will  not  charge  you  for  copies  of  documents  that  you  request  in 
connection with a billing error/inquiry you may assert against us under applicable law.  

2. Emergency Replacement Card Fee. If you request a replacement Card on an expedited basis (for example, to replace a lost or stolen 
Card), we may charge you an Emergency Replacement Card Fee of up to $25. 

3. Stop Payment Fee. If you ask us to stop payment on an Access Device, we may charge you a Stop Payment Fee of $39. 

6.  DEFAULT 

A. Events of Default.  Subject to restrictions of applicable law, you will be in default and we will not be obligated to honor any attempted use 
of your Account (even if we do not give you advance notice) if any of the following events occurs: 

•  We do not receive any payment required by this Agreement when such payment is due. 
• 
• 
• 
• 
• 

You exceed any credit limit. 
You are unwilling or unable to pay what you owe under this Agreement, for any reason.   
You die, become insolvent, file for bankruptcy or otherwise become the subject of a bankruptcy petition or filing. 
You give us false or misleading information at any time in connection with your Account. 
You  send  us  more  than  one  check  or  similar  instrument  that  is  returned  to  us  unpaid  or  any  automatic,  electronic  or  other 
payment on your Account cannot be processed or is returned unpaid, for any reason, within the last six Billing Cycles. 
You breach or otherwise fail to comply with any term or condition of this Agreement. 

• 
•  We  have  reason  to  suspect  that  you  or  any  Authorized  User  may  have  engaged  or  participated  in  any  unusual,  suspicious, 

• 

fraudulent or illegal activity on your Account or any other account or loan you have with us or our affiliates. 
You  do  not  give  us  any  updating  information  about  your  finances,  employment  or  any  other  information  we  may  reasonably 
request, promptly after our request. 

B. Our Rights After Default. In the event of default, we may close your Account, require you to pay the unpaid balance in full or take any 
other action permitted by applicable law. 

C. Collection Costs. If we refer any past due amounts you owe under this Agreement to a collection agency or lawyer for collection, you 
agree to pay us our reasonable costs of collection, including without limitation collection agency fees, court costs and attorneys’ fees actually 
incurred by us, to the fullest extent permitted by applicable law. 

7. CLOSING YOUR ACCOUNT 
A. We May Close Your Account. Except where prohibited by applicable law, we may close your Account to new transactions at any time, 
for any reason including Account inactivity and/or lack of credit card usage for an extended period of time, and without prior notice.  

B. You May Ask Us to Close Your Account. You may ask us to close your Account to new transactions at any time by notifying Credit Card 
Servicing in writing at P.O. Box 84037, Columbus, GA 31908-4037, by first class mail, postage prepaid, or contacting us at1-888-916-2559. 
If you request to close your Account by phone, we may require a written notice from you.  

C. After Your Account is Closed. After your Account is closed, you still must pay us any unpaid amounts under this Agreement. We will not 
be liable to you for any consequences resulting from closing your Account. You agree to cut, tear or otherwise deliberately damage all Cards 
and unused Access Devices in your or any Authorized User’s possession or control to prevent unauthorized use by third parties and, upon 
our request, return such Cards or Access Devices to us at P.O. Box 84037, Columbus, GA 31908-4037, by first class mail, postage prepaid. 

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8.  CHANGING  THIS  AGREEMENT.  We  may  change  this  Agreement,  including  (for  example)  changing  the  addresses  and  telephone 
numbers  you  should  use  to  contact  us,  changing  fees,  adding  new  fees,  changing  the  Daily  Periodic  Rates  and  corresponding APRs  or 
increasing  your  required  minimum  payment.  We  may  change  this  Agreement  based  on  economic  or  market  conditions,  our  business 
strategies or for any other reason (including reasons unrelated to you or your Account). Any changes we make to this Agreement may apply 
to  new  transactions  and/or  then-existing  balances  as  described  in  any  notice  we  are  required  to  provide  to  you.  We  will  notify  you  of 
changes to this Agreement as required by applicable law. We will mail any required written notice to the address we have on file for your 
Account. 

9. INFORMATION SHARING 

A. Credit Information. We may review your credit history by obtaining information from consumer reporting agencies and others. We may 
report  information  about  your  Account  to  credit  bureaus.  Late  payments,  missed  payments  or  other  defaults  on  your  Account  may  be 
reflected in your credit report. We may report Account information on Authorized Users. 

B. How to Dispute Reports Regarding Your Account. If you think the information we furnished to consumer reporting agencies on your 
Account is not accurate please write to us at: P.O. Box 84037, Columbus, GA 31908-4037. With your letter, please provide us with: 

The Account number(s) for the Account(s) you are disputing;  

•  Your name, address and telephone number;  
• 
•  A description of the specific information you are disputing and an explanation of the basis for your dispute; and  
•  Copies  of  documents  that  support  your  dispute.  These  could  include  (but  are  not  limited  to):  a  copy  of  your  consumer  report 
showing the information that you are disputing, your Statements, a court order or (if applicable) a copy of a police report or fraud 
or identity theft affidavit. 

If you fail to provide us with the information listed above, we may be unable to investigate your dispute.  We will notify you of the results of 
our investigation within 30 days of receiving your dispute. A delay may be experienced if the dispute is not mailed to the address above. We 
may  take  up  to  45  days  to  investigate  your  dispute  if,  after  providing  us  with  your  initial  notice  of  dispute,  you  provide  us  with  additional 
information that is relevant to our investigation. If our investigation finds that the information you are disputing was inaccurate, we will notify 
the consumer reporting agency of our determination and provide the consumer reporting agency with the information necessary to correct 
the inaccuracy.  

We will have no duty to investigate disputes that are substantially similar to a prior dispute that we have responded to, or that relate to your 
identifying information (such as your name, date of birth, Social Security number, telephone number or address), inquiries appearing on your 
consumer report, information from public records (such as judgments, liens, or bankruptcies, unless these matters relate to your Account(s) 
with  us),  information  related  to  fraud  or  active  duty  alerts  on  your  report,  or  information  provided  to  the  consumer  reporting  agency  from 
someone other than us. We will also have no duty to investigate your dispute if we reasonably believe it was submitted or prepared by (or if 
you submitted it on a form provided by) a credit repair organization. If we determine that we will not investigate your dispute for one of these 
(or some other) reasons we will notify you of that determination within five Business Days. 

C. Telephone Monitoring and Recording. You consent to and authorize us and any of our affiliates, agents and marketing associates to 
monitor  and/or  record  any  of  your  telephone  conversations  with  any  of  our  or  their  representatives  for  quality  control,  training  and  other 
lawful purposes. 

D. Telephone Numbers.  When you give us your mobile phone number, we have your permission to contact you at that number about all of 
your Ally  CashBack  Credit  Card  account.   Your  consent  allows  us  to  use  text  messaging,  artificial  or  pre-recorded  voice  messages  and 
automatic dialing technology for informational and account service calls, but not for telemarketing or sales calls. It may include contact from 
companies  working  on  our  behalf  to service  your  accounts.   Message  and  data  rates may  apply.  You may  contact  us  anytime to  change 
these preferences. 

E.  Account  Benefits. We  may  offer  you  certain  third-party  benefits  and  services  with  your Account,  as  outlined  in  benefits  brochures  or 
other  documents  and  internet  web  sites.  For  example,  certain  eligible  purchases  charged  with  a  VISA®  Card  may  be  eligible  for  certain 
benefits or services through VISA U.S.A. Inc. (or its affiliates). Any benefits or services we make available through third parties (including 
without limitation VISA U.S.A. Inc.) are not a part of this Agreement, but are subject to the terms and restrictions outlined in the applicable 
benefits brochures or other documents or internet web sites provided or made available to you from time to time. You agree that we may 
give information about you, any Authorized User, and your Account, to any third party reasonably needing the information to provide you with 
such benefits or services. You also agree that we or any third party providing any Account-related benefits or services may change, add, or 
delete benefits or services at any time without notice.  

10. MISCELLANEOUS 

A. Certain Waivers. You waive the right of “presentment” and “notice of dishonor.” “Presentment” means the right to require us to demand 
payment  of  amounts  due  under  this Agreement.  “Notice  of  dishonor”  means  the  right  to  require  us  to  give  notice  to  other  persons  that 
amounts due under this Agreement have not been paid. You also waive demand for payment, protest, notice of protest and all other notices 
and demands, to the fullest extent permitted by applicable law. 

B. Assignment. We may assign your Account and our rights under this Agreement to our affiliates or to some other financial institution or 
company without advance notice to you. That entity will take our place in this Agreement if we do this. You may not assign or transfer your 
Account or any of your responsibilities under this Agreement to any other person. 

C. No Security. Your Account is unsecured. We are not taking a security interest in any property in connection with your Account.  

D. Evidence. You agree that we may use a copy, microfilm, microfiche or digital image of any Statement or other document to prove what 
you owe us and that the copy, microfilm, microfiche or digital image will have the same validity as the original.  

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E.  Captions  and  Interpretation.  The  captions  used  in  this Agreement  are  for  convenience  only.  They  do  not  affect  the  meaning  of  the 
paragraphs in this Agreement.  

F. Severability. If any part of this Agreement is held to be invalid, the rest will remain in effect. 

G.  Delay  in  Enforcement/No  Waiver.  We  may  delay  or  waive  enforcing  any  of  our  rights  or  remedies  under  this Agreement  or  under 
applicable  law  without  losing  any of those  rights  or  remedies. Even  if  we  do  not  enforce  our  rights  or  remedies  at  any  one time,  we may 
enforce them at a later time.  

H. Entire Agreement. The Agreement is the entire agreement between you and us relating to your Account. The Agreement replaces any 
other agreement relating to your Account that you and we made earlier or at the same time. In the event of a conflict between this Personal 
Credit Card Agreement and any other document (including the other documents that are collectively called the Agreement), this Personal 
Credit Card Agreement will control unless otherwise expressly provided in the other document. 

NJ  RESIDENTS:  Because  certain  provisions  of  this  Agreement  are  subject  to  applicable  laws,  they  may  be  void,  unenforceable  or 
inapplicable in some jurisdictions. None of these provisions, however, is void, unenforceable or inapplicable in New Jersey. 

Cardholder: Your name, address and signature (including any electronic or digital signature) and the date on any application or solicitation 
or on any sales slip or other evidence of indebtedness on your Account represents your name, address and signature and the date on this 
Agreement. 

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 bill, write to us at: 
Credit Card Servicing 
P.O. Box 84037 
Columbus, GA 31908-4037 
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 bill. 
• 
wrong. 

At  least  3  business  days  before  an  automated  payment  is  scheduled,  if  you  want  to  stop  payment  on  the  amount  you  think  is 

You must  notify  us  of  any  potential  errors  in writing.   You may  call  us,  but  if  you  do  we  are  not  required  to  investigate  any  potential 

errors and you may have to pay the amount in question. 

What Will Happen After We Receive Your Letter 

When we receive your letter, we must do two things: 
1.  Within  30  days  of  receiving  your  letter,  we  must  tell  you  that  we  received  your  letter.   We  will  also  tell  you  if  we  have  already 

corrected the error. 

2.  Within 90 days of receiving your letter, we must either correct the error or explain to you why we believe the bill is correct.   
While we investigate whether or not there has been an error: 
•  We cannot try to collect the amount in question, or report you as delinquent on that amount. 
• 
The charge in question may remain on your bill, 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 $50.00 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 a 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 $50.00.  (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. 

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If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at: 

Credit Card Servicing 
P.O. Box 84037 
Columbus, GA 31908-4037 

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. 

Active  Duty  Service  Members  and  Dependents: The  following  important  notice  applies  if  you  are  an  active  duty  service  member  or  a 
dependent of one at the time you request an Account. Federal law provides important protections to members of the Armed Forces and their 
dependents relating to extensions of consumer credit. In general, the cost of consumer credit to a member of the Armed Forces and his or 
her dependent may not exceed an annual percentage rate of 36 percent. This rate must include, as applicable to the credit transaction or 
account: the costs associated with credit insurance premiums; fees for ancillary products sold in connection with the credit transaction; any 
application fee charged (other than certain application fees for specified credit transactions or accounts); and any participation fee charged 
(other than certain participation fees for a credit card account). If you would like more information regarding your account, please call us at 
1-855-634-1442. 

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The Interest Rate and Fee Schedule is incorporated into and made a part of your Personal Credit Card Agreement. 

Please read and keep this Schedule with your Agreement for your records. 

Interest Rate and Fee Schedule 

Interest Rates and Interest Charges 
Annual Percentage 
Rate (APR) 
for Purchases  

14.99%, 19.99% or 24.99%, based on your 
creditworthiness.   
      All APRs will vary with the market based on the Prime Rate.       
0% Introductory APR for the first 12 billing cycles after Account  
opening.  
      After that, your APR will be 14.99%, 19.99% or 24.99% based  
on your creditworthiness.  
      All APRs will vary with the market based on the Prime Rate. 
25.24% 
      This APR will vary with the market based on the Prime Rate.  
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.  

If you are charged interest, the charge will be no less than $1.00. 
To learn more about factors to consider when applying for or 
using a credit card, visit the website of the  
Consumer Financial Protection Bureau at 
http://www.consumerfinance.gov/learnmore. 

None  

Either $5 or 3% of the amount of each transfer, whichever is 
greater. 
Either $10 or 5% of the amount of each cash advance, 
whichever is greater. 
3% of each transaction in U.S. dollars. 

Up to $35  

APR for Balance 
Transfers  

APR for Cash 
Advances  
How to Avoid Paying 
Interest on Purchases  

Minimum Interest 
Charge  
For Credit Card Tips 
from the Consumer 
Financial Protection 
Bureau  
Fees  
Annual Fee  
Transaction Fees  

• Balance Transfers  

• Cash Advances 

• Foreign Transactions 

Penalty Fees  

• Late Payment  

How  We  Will  Calculate  Your  Balance:  We  use  a  method  called  "Average  Daily  Balance  (including  Current  Transactions)."  See  your 
account agreement for more details. 

Loss of Introductory APR:  If you are 60 days past due, we may end your introductory APR for Balance Transfers and apply the standard 
APR for Balance Transfers as stated in the Interest Rates and Interest Charges Table, to all existing and new Balance Transfer balances on 
the Account. 

Billing  Rights:  Information  about  your  rights  to  dispute  transactions  and  how  to  exercise  those  rights  is  provided  in  your  account 
agreement. 

Ally Cash Back Margins:   

For Purchases, 9.74%, 14.74% or 19.74% will be added to the Index   
For Balance Transfers, 9.74%, 14.74% or 19.74% will be added to the Index 
For Cash Advances, 19.99% will be added to the Index 

The corresponding DAILY PERIODIC RATES as of October 02, 2018 are:  

  For Purchases, 0.0410685%, 0.0547671% or 0.0684658% 
  For Balance Transfers, 0.0410685%, 0.0547671% or 0.0684658% 
  For Cash Advances, 0.0691507% 

Index:   

Prime Rate as of October 02, 2018 is 5.25%  

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