VARIABLE RATE CREDIT CARD  
AGREEMENT AND 
 TRUTH-IN-LENDING DISCLOSURE 

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  
To make a purchase or cash advance, there are two alternative procedures 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. The other 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.  

 
 
 
 
 
 
You may make cash withdrawals that total $1000.00 per day either individually or in aggregate. This 
service may not be available at all machines. Dollar amounts available may vary between machines. 
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. You may use your PIN and your card to access your account 
and all sums advanced will be added to your account balance. 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. 

If you exceed your credit line at the time of billing, an over-credit-limit fee will be imposed as set forth in 
the Fees for Special CU Services. 

FNANCE CHARGE  
Method G (Visa Purchases): A finance charge will be imposed on Credit Purchases only if you elect not 
to pay the entire New Balance of purchases shown on your monthly statement for the previous billing 
cycle within 25 days from the closing date of that statement. If you elect not to pay the entire New 
Balance of purchases shown on your previous monthly statement within that 25-day period, a finance 
charge will be imposed on the unpaid average daily balance of such Credit Purchases from the previous 
statement closing date. New Credit Purchases from the date of posting to your account during the 
current billing cycle will continue to accrue until the closing date of the billing cycle preceding the date on 
which the entire New Balance of purchases is paid in full, or until the date of payment if more than 25 
days from the closing date. The finance charge for a billing cycle is computed by applying the monthly 
Periodic Rate to the average daily balance of Credit Purchases, which is determined by dividing the sum 
of the daily balances during the billing cycle by the number of days in the cycle. Each daily balance of 
Credit Purchases is determined by adding to the outstanding unpaid balance of Credit Purchases at the 
beginning of the billing cycle any new Credit Purchases posted to your account, and subtracting any 
payments as received and credits as posted to your account, but excluding any unpaid finance charges.  

Method A (Visa Cash Advances): A finance charge will be imposed on Cash Advances from the date 
made or from the first day of the billing cycle in which the Cash Advance is posted to your account, 
whichever is later, and will continue to accrue until the date of payment. A finance charge will be 
imposed on Credit Purchases from the date the Credit Purchase is posted to your Account and will 
continue to accrue until the date of payment if Method A applies to purchases.  

The finance charge for a billing cycle is computed by applying the monthly Periodic Rate to the average 
daily balance, which is determined by dividing the sum of the daily balances during the billing cycle by 
the number of days in the cycle. Each daily balance is determined by adding to the Previous Balance 
(the outstanding balance of your account at the beginning of the billing cycle) any new Cash Advances 
received and any new Credit Purchases posted to your account, and subtracting any payments as 
received or credits as posted to your account but excluding any unpaid finance charge.  

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 less than 6% and the maximum 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.  

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. You agree the new Annual Percentage Rate will apply to the 
outstanding balance on your account and to subsequent transactions. 

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.  

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. 

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.  

 
 
 
 
 
 
 
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:  
 a. you fail to make any minimum payment within 25 days of your statement date;  

 b. you fail to live up to the terms and conditions of this Agreement and Truth-in-Lending Disclosure;  

 c. your creditworthiness is impaired;  

 d. you die, become insolvent, or are the subject of bankruptcy or receivership proceedings;  

 e. you have made a misrepresentation in connection with the credit card application and/ or this 
Agreement, or;  

 f. 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. We may amend this agreement from time to time by 
sending you the advance written notice required by law. Your use of the card thereafter will indicate your 
agreement to the amendments. To the extent the law permits, and we indicate in our notice, 
amendments will apply to your existing account balance as well as to future transactions.  

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. 

If you exceed your credit line at the time of billing, an over-credit-limit 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. 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.  

YOUR BILLING RIGHTS  
(Keep this notice for future use.) This notice contains important information about your rights and our 
responsibilities under the Fair Credit Billing Act.  

NOTIFY US IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR BILL  

 
 
 
 
 
 
If you think your bill is wrong, or if you need more information about a transaction on your bill, write us 
on a separate sheet at the address listed on your bill. Write to us as soon as possible; we must hear 
from you no later than 60 days after we sent you the first bill on which the error or problem appeared. 
You can telephone us, but doing so will not preserve your rights. In your letter, give us the following 
information:  

a. Your name, account number, and telephone number where you can be reached during credit union 
hours;  

b. The dollar amount of the suspected error;  

c. Describe the error and explain, if you can, why you believe there is an error. If you need more 
information, describe the item you are not sure about.  

If you have authorized us to pay your credit card bill automatically from your savings or checking 
account, you can stop the payment on any amount you think is wrong. To stop the payment, your letter 
must reach us three business days before the automatic payment is scheduled to occur.  
YOUR RIGHTS AND OUR RESPONSIBILITIES AFTER WE RECEIVE YOUR WRITTEN NOTICE  
We must acknowledge your letter within 30 days, unless we have corrected the error by then. Within 90 
days, we must either correct the error or explain why we believe the bill was correct. 

After we receive your letter, we cannot try to collect any amount you question, or report you as 
delinquent. We can continue to bill you for the amount you question, including finance charges, and we 
can apply any unpaid amount against your credit limit. You do not have to pay any questioned amount 
while we are investigating, but you are still obligated to pay the parts of your bill that are not in question.  

If we find that we made a mistake on your bill, you will not have to pay any finance charges related to 
any questioned amount. If we didn’t make a mistake, you may have to pay finance charges, and you will 
have to make up any missed payments on the questioned amount. In either case, we will send you a 
statement of the amount you owe and the date that it is due.  

If you fail to pay the amount that we think you owe, we may report you as delinquent. However, if our 
explanation does not satisfy you and you write to us within ten days telling us that you still refuse to pay, 
we must tell anyone we report you to that you have a question about your bill. And, we must tell you the 
name of anyone we report you to. We must tell anyone we report you to that the matter has been settled 
between us when it finally is.  

If we don’t follow these rules, we can’t collect the first $50.00 of the questioned amount even if your bill 
was correct.  

SPECIAL RULES FOR CREDIT CARD PURCHASES  
If you have a problem with the quality of property or services that you 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 property or services. There are two limitations to this right:  

 
  
 
 
  
 
 
 
 
a. You must have made the purchase in your home state or, if not within your home state, within 100 
miles of your current mailing address; and  

 b. The purchase price must have been more than $50.00  

These limitations do not apply if we own or operate the merchant, or if we mailed you the advertisement 
for the property or service. 

Disclosure Information for Visa Platinum, Point Rewards Visa Platinum, 
& Cash Rewards Visa Platinum 

Credit Card Account Opening Disclosure 

Interest Rates 
and Interest 
Charges 
Annual 
Percentage 
Rate (APR) for 
Purchases 

APR for 
Balance 
Transfers 

APR for Cash 
Advances 

Penalty APR 
and When it 
Applies 

Visa Platinum 

Point Rewards Visa 
Platinum 

Cash Rewards Visa 
Platinum 

11.25% to 17.25% This 
APR will vary with the 
market based on the Prime 
Rate 
11.25% to 17.25% 
This APR will vary with the 
market based on the Prime 
Rate 
11.25% to 17.25% 
This APR will vary with the 
market based on the Prime 
Rate 1 

12.25% to 18.00% This 
APR will vary with the 
market based on the Prime 
Rate 
12.25% to 18.00%  
This APR will vary with the 
market based on the Prime 
Rate 
12.25% to 18.00% 
This APR will vary with the 
market based on the Prime 
Rate 1 

13.25% to 18.00% This 
APR will vary with the 
market based on the Prime 
Rate 
13.25% to 18.00% 
This APR will vary with the 
marked baset on the Prime 
Rate 
13.25% to 18.00% 
This APR will vary with the 
market based on the Prime 
Rate 1 

None 

None 

None 

Your due date is at least 25 
days from 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. We will 
begin charging interest on 
cash advances and balance 
transfers on the transaction 
date. 
To learn more about factors 
to consider when applying 
for or using a credit card, 
visit the website of the 
Consumer Financial 
Protection Bureau. 

Your due date is at least 25 
days from 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. We will 
begin charging interest on 
cash advances and balance 
transfers on the transaction 
date. 
To learn more about factors 
to consider when applying 
for or using a credit card, 
visit the website of the 
Consumer Financial 
Protection Bureau. 

Your due date is at least 25 
days from 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. We will 
begin charging interest on 
cash advances and balance 
transfers on the transaction 
date. 
To learn more about factors 
to consider when applying 
for or using a credit card, 
visit the website of the 
Consumer Financial 
Protection Bureau. 

Paying Interest 

For Credit Card 
Tips from the 
Consumer 
Financial 
Protection 
Bureau 

  
  
 
 
 
 
Interest Rates 
and Interest 
Charges 
Fees 
Transaction 
Fees Foreign 
Transaction 
Penalty Fees 
Late Payment 

Visa Platinum 

Point Rewards Visa 
Platinum 

Cash Rewards Visa 
Platinum 

Exchange Rate plus 1% of 
transaction 

Exchange Rate plus 1% of 
transaction 

Exchange Rate plus 1% of 
transaction 

up to $29 

up to $29 

up to $29 

How We Will Calculate Your Balance: We use a method called “average daily balance” (including 
purchases, cash advances and balance transfers). See the Variable Rate Credit Card Agreement and 
Truth-in-Lending Disclosure for more details. 

Billing Rights: Information on your rights to dispute transactions and how to exercise those rights are 
provided in the Variable Rate Credit Card Agreement and Truth-in-Lending Disclosure. 
Your new credit card has a variable rate. Additional rate information is as follows: 

MONTHLY PERIODIC RATE FOR APR 
SHOWN ABOVE FOR PURCHASES, 
CASH ADVANCES, AND BALANCE 
TRANSFERS 

Visa Platinum 

Point Rewards 
Visa Platinum 

Cash Rewards 
Visa Platinum 

0.9375% TO 
1.4375% 

1.0208% TO 
1.5000% 

1.1041% TO 
1.5000% 

MARGIN 

8.00% TO 14.00%  9.00% TO 15.00%  10.00% TO 16.00% 

The Annual Percentage rate and monthly periodic rate above is in effect until the next monthly change. 
Refer to your Variable Rate Credit card Agreement and Truth-in-Lending Disclosure for more information 
regarding your variable rate.