Credit Card Agreement for Consumer Secured Cards in Capital One® Bank 
(USA), N.A.

There are two parts to this Credit Card Agreement: Capital One Pricing Information and the Capital One Customer Agreement. The Pricing Information 
shows a range of terms that includes both mail and online offers for new accounts available under this Agreement as of June 30, 2011. The combination of terms 
that could apply to you will differ depending on the specific card offer and on your creditworthiness at the time of application. The Customer Agreement 
contains important information related to consumer credit cards issued by Capital One Bank (USA), N.A. Please visit www.capitalone.com to view our online credit 
card offers. If you are a current Capital One cardholder, please log in to your account if you would like to request the Credit Card Agreement for your account(s).

CAPITAL ONE® PRICING INFORMATION

Annual Percentage Rate 
(APR) for Purchases

Between 19.8% and 22.9%.

APR for Transfers

Between 19.8% and 22.9%.

Purchase APRs may vary with the market based on changes in the Prime Rate.

Transfer APRs may vary with the market based on changes in the Prime Rate.

APR for Cash Advances

24.9%. 

Cash Advance APRs may vary with the market based on changes in the Prime Rate.  

Paying Interest

Your due date is at least 25 days after the close of each billing cycle. We will not charge interest on new purchases provided 
you have paid your previous balance in full by the due date each month. We will begin charging interest on cash advances 
and special transfers on the transaction date.

Minimum Interest Charge

If you are charged interest, the charge will be no less than $0.50.

Annual Fee

Between $24 and $29 annually.

Transaction Fees 

• Cash Advance Fee
• Foreign Transaction Fee

The greater of either $10 or 3% of the amount of each cash advance. 
None.

Penalty Fees
• Late Payment
• Over-the-Credit-Limit
• Returned Payment

Up to $19.
$0.
Up to $35. 

How We Will Calculate Balances: We use a method called “average daily balance” (including new purchases). See How Do You Calculate the Interest 
Charge? below for more details. 

Things You Should Know About These Offers
Can You Change My Account Terms?
We can change the terms of your account as permitted by law. When required, we will send you notice before doing so.

How Do You Calculate Variable Rates?
Variable rates may change when the Prime Rate changes. We calculate variable rate by adding a percentage to the Prime Rate published in The Wall Street Journal  
on the 25th day of each month. If the Journal is not published on that day, then see the immediately preceding edition. If Prime changes, your new rate will take 
effect on your next billing period. If your offer discloses a variable rate that changes quarterly, your new rate will take effect on the first day of your January, April, 
July and October billing periods. 

If the APR associated with an offer is variable, the APR will equal:
Purchase APR - Prime plus a margin between 16.55% and 19.65%.
Transfer APR - Prime plus a margin between 16.55% and 19.65%.
Cash Advance APR - Prime plus 21.65%.

What Are The Daily Periodic Rates Used To Calculate My Interest? 
The daily periodic rate for your Purchase APR would be between .05425% and .06274% and Transfer APR between .05425% and .06274% and Cash Advance  
APR .06822%.

CA301_CAA_Fed_Format_July2011.indd   1

7/15/11   10:45 PM

How Can I Avoid Paying Interest Charges? 
Each month you pay your “New Balance” in full by the due date, you will have a minimum grace period of 25 days with no interest charge on all new  
1) purchases, 2) balance transfers, 3) special purchases and 4) other charges. If you have been paying your account in full with no interest charges applied 
and you do not pay your next bill in full, prorated interest charges will be assessed. There is no grace period on cash advances, special transfers, or on any 
new transaction when there is an unpaid balance from a previous bill.  

How Is The Interest Charge Applied? 
Interest charges accrue from the 1) date of the transaction, 2) date the transaction is processed or 3) first calendar day of the billing period. Interest 
charges accrue on every unpaid amount until it is paid in full. This means you may owe interest charges even if you pay the entire “New Balance” one month, 
but did not do so for the previous month. Unpaid interest charges are added to the proper segment of your account. 

How Do You Calculate The Interest Charge? 
For each segment of your account, we calculate your total interest charge by multiplying your average daily balance by the daily periodic rate and multiplying the 
result by the number of days in the billing period. Due to rounding or a minimum interest charge, this calculation may vary slightly from the interest charge 
actually assessed.

We determine your daily periodic rate by dividing the corresponding Annual Percentage Rates by 365 and rounding to the nearest 1/100,000th of 1%, not
to exceed the maximum allowed by applicable law. If the daily periodic rates and corresponding Annual Percentage Rates increase, the interest charge will
increase and your minimum payment may be greater.

To determine your average daily balance: 1) add the daily balances together and 2) divide the sum by the number of days in the billing cycle.
To determine your daily balance: 1) take the beginning balance and add in new transactions and the periodic interest charge on the previous day’s balance. 
2) Subtract any payments and credits for that segment as of that day. However, if you paid your previous month’s balance in full (or if your balance was zero 
or a credit amount), new transactions which post to your purchase or special purchase segments are not added to the daily balances. Also, transactions that 
are subject to a grace period are not added to the daily balances.  

©2011 Capital One. Capital One is a federally registered service mark. All rights reserved. Products and services offered by Capital One N.A. Capital One 
supports information privacy protection: see our website at www.capitalone.com.

CA301_CAA_Fed_Format_July2011.indd   2

7/15/11   10:45 PM

Capital One® Customer Agreement

Welcome to Capital One.®
Thank you for opening a credit Card Account with us. This 
Customer Agreement (“Agreement”) contains the terms for 
your Capital One credit Card.

Some Definitions.
The meanings of the terms you see in italics appear in 
the Glossary Section. To make the Agreement easy 
to understand, we will also use the following personal 
pronouns:

“You,” “your” and “yourself” mean each applicant and co-
applicant for the Account; any person responsible for paying 
the Account; and anyone You authorize to use, access or 
service the Account. It also includes an Authorized User as 
defined in the Glossary Section.
“We,” “us,” “our” and “Capital One” mean Capital One 
Bank (USA), National Association; and its agents, authorized 
representatives, successors, and assignees.

Account Documents.
Your Account with us is governed by the following 
documents:

(1) this document; 
(2) all Statements; 
(3)  all rewards information and documentation if your 

Account has rewards;

(4)  any Privacy Notices describing our limitations on sharing 

information about you with others; 

(5)  your Card benefits brochure which describes benefits 

provided by the Payment Card Network for your Card and 
Account. The most current version of your Card benefits 
brochure will replace all prior versions; 

(6) the “Security” Agreement if you have a secured Card;
(7)  all disclosures and materials provided to you before 

or when you opened your Account, including Truth in 
Lending Disclosures;

(8)  all other documents and disclosures relating to your 

Account including those provided online; and 

(9)  any future changes we make to any of the above things.

Please read these carefully and keep them for future reference. 
An image of any of these can be used instead of the original.

New Offers.
In the future, we might make new offers to you or forward 
offers from others that we think you might be interested 
in. These offers may have new or different terms and 
documentation for these offers will be provided when we 
make you the offer. If you accept the offer, your previously 
disclosed terms will still apply except as modified by the offer.

Account Information.
We need information about you to manage your Account. 
The information we need includes:

(1) your legal name;
(2)  a valid U.S. mailing address and residential address (if 

different); 

(3) your date of birth;
(4)  your social security number or other government 

identification number;

(5) your telephone number(s); and
(6) your employment and income information. 

You must tell us when this information changes. Please update 
your address in the manner provided on your Statement. You 
may also update some of this information by logging onto your 

Account on our website or by calling one of our representatives 
at the telephone number provided on your Statement or on the 
back of your Card. We may require you to provide additional 
documents that are acceptable to us to verify this information 
or any changes. We maintain the right to restrict or close your 
Account if your information cannot be verified or if you do not 
provide additional information as requested.

Credit Limits.
When you open your Account, you will receive your credit 
limits. These will also appear on your Statements. We might 
also refer to your credit limits as your credit lines. We may give 
you different credit limits for the different Segments of your 
Account. For example, you might have a different credit limit 
for purchases than for Cash Advances. 

You are responsible for keeping track of your Account balances 
and your available credit limits. Do not allow your Account 
to go over any credit limit even if you have authorized us to 
charge you an overlimit Fee for doing so, as described in the 
Interest Charges and Fees section. We may still honor 
transactions above your credit limits, but our honoring of these 
transactions will not increase your credit limit.

We may also increase, decrease, restrict or cancel your credit 
limit on any Segment at any time. This will not affect your 
obligation to pay us. 

Using Your Account.
You promise to follow the terms of this Agreement as long 
as your Account remains open or has a balance. Please sign 
the Card immediately when you receive it. The Card is valid 
during the dates provided on the front. The Card is our 
property, and you will return it to us or destroy it if we ask. 
You will take reasonable steps to prevent the unauthorized 
use of your Card and Account.

We are not responsible if anyone refuses to accept your 
Card for any reason. Also, we may reject any transaction for 
any reason. Unless we tell you otherwise, we will bill each 
transaction to the applicable Segment of your Account and 
apply it against your available credit limit for the Account and 
Card for that Segment in each Billing Cycle.

You may also obtain Cash Advances and Transfers if they are 
permitted for your Account. Unless we agree, you may not 
use a Transfer to transfer amounts from other Accounts with 
us or any other company within the Capital One organization. 

You must not use, or try to use, the Card for any Internet 
gambling transactions or transactions that are illegal or not 
permitted by us. You will still be responsible if you do. In 
addition, these transactions will be subject to this Agreement, 
and you might have to reimburse the Payment Card Network 
and us for all damages and expenses.

From time to time, due to circumstances beyond our control 
(such as system failures, fires, floods, natural disasters or other 
unpredictable events) our services might be unavailable. When 
this happens, you might be unable to use your Card or obtain 
information about your Account. We will not be responsible or 
liable if this happens.

Rewards.
Your Account might provide you with the opportunity to earn 
rewards. If it does, we will separately provide you with all 
information and terms about your rewards. We will include 
on your Statements all rewards you have earned. It might 
take up to two Billing Cycles for your earned rewards to 
appear on your Statement.

CA301_CAA_Fed_Format_July2011.indd   3

7/15/11   10:45 PM

 
Using Your Access Checks.
When we provide you with Access Checks, we will tell you 
whether we will treat them as purchases, Balance Transfers, 
Cash Advances or Special Transfers. 

Only the person we designate may use Access Checks. Access 
Checks may not be used to pay any amount you owe us or 
any other company within the Capital One organization. We 
may reject and not pay any Access Check for any reason. 
Some examples of reasons why we may reject and not pay 
include: your Account is delinquent, charged-off, bankrupt, 
lost/stolen or closed; our fraud system prevents the offer 
fulfillment; your Account is overlimit; or the checks have 
expired. Any liability for our wrongful dishonor of an Access 
Check will be limited to your actual damages and will not 
exceed the amount of the Access Check.

When you use an Access Check, you will have fewer rights to 
dispute merchant transactions than with other uses of your 
Card. Please see the “Billing Rights Summary” part of your 
Statement and your other Truth in Lending Disclosures for 
more information.

Stopping Payment of Access Checks.
You may request a stop payment on any Access Check by 
contacting us as provided on your Statement. We may charge 
you a Fee to stop payment as described in the Interest Charges 
and Fees section. If you call us to stop payment, you must also 
send to us a written request within 14 calendar days.

We will have a reasonable amount of time after your stop 
payment request to research the situation and complete it. 
We will not be responsible if we cannot complete the stop 
payment because the Access Check was already paid, you do 
not give us the information we asked for or the information 
you gave us was incorrect. If we cannot stop payment for 
these reasons, we may still keep the stop payment Fee.

Once we complete a stop payment, we do not have to release 
the stop payment order unless the same person asks us to. 
If we re-credit your Account after paying an Access Check 
following a valid stop payment order, you give us all of your 
rights against the payee or other holder of the paid Access 
Check. You also agree to help us in any actions we might later 
take against that person.

Using a PIN.
We may give you a personal identification number (PIN). For 
security reasons, you might have to provide the PIN before you 
are able to complete some transactions using the Card.

With a PIN, you may use your Card to: (1) obtain cash from 
certain automated teller machines (ATM) or (2) make purchases 
at certain merchant or retailer point-of-sale devices (POS). You 
may do these things if the ATM or POS requires entry of a PIN 
and displays the logo of the Payment Card Network on your 
Card. We will treat all ATM transactions as Cash Advances and 
all POS transactions as purchases.

You should keep your PIN secure and not write it down, give it 
to anyone, or keep it with your Card. If you lose your Card or 
believe that someone has gained unauthorized access to your 
PIN, you must contact us immediately.

Authorized Users.
You may ask us to add one or more Authorized Users 
with additional Cards on your Account. If we agree to 
your request, we will need certain information about the 
Authorized User to manage your Account. This will be the 
same information you provided about yourself as described 
in the Account Information Section. We may limit an 
Authorized User’s ability to initiate certain transactions. If we 

do, we will tell you about these limitations before adding any 
new Authorized User on your Account.

Once we add an Authorized User to your Account, we 
may discuss your Account with them and provide them 
with Account information. You will be responsible for the 
Authorized User’s use of the Card and your Account as well 
as anyone else they allow to use your Card or Account. This 
will be true even if you did not want, or agree to, the use.

Removing an Authorized User.
If you want to remove an Authorized User from the Account, 
you must contact us as provided on your Statement and 
request their removal. We will have a reasonable amount of 
time after your request to research the situation and remove 
them. You also must immediately destroy all Cards in their 
possession and cancel all of their billing arrangements to the 
Account. We will not do this for you. During this time, you still 
will be responsible for all amounts they charge to the Account. 
You will be responsible even if these amounts do not appear 
on the Account until later. An Authorized User may remove 
themselves from the Account upon request.

We may close your existing Account and/or issue a new Card 
with a new Account number.

Your Promise to Pay.
You promise individually and jointly to pay us all amounts due 
on your Account. This includes amounts where you did not 
sign a purchase slip or other documents for the transaction. 
If you use your Card number without presenting your actual 
Card (such as for mail, telephone or Internet purchases), 
this will be treated the same way as if you used the Card 
in person. If you let someone else use your Card, you are 
responsible for all transactions that person makes. Your 
promise to pay us will apply to your estate if you die.

Statements.
We will send you one Statement for all Cards on your Account 
unless the law does not require or permit us to send a 
Statement. Statements will be sent at the end of each Billing 
Cycle when your Account has a debit or credit balance of 
more than $1.00, or if we have charged any Interest Charges 
to your Account. Your Statement will show all transactions 
billed to your Account during the Billing Cycle along with other 
important Account information. 

Disputed Transactions.
You must inspect each Statement you receive and tell us about 
any errors or questions you have as described in the “Billing 
Rights Summary” part of your Statement and other Truth in 
Lending Disclosures. If you do not notify us as provided in 
those disclosures, we may assume that all information in the 
Statement is correct.

If you dispute a transaction made by you or someone else on 
your Account, and we later credit your Account for all or part 
of the disputed amount, you give us all of your rights against 
that other person. You also will:

(1)  give us any merchandise or other purchases you received in 

connection with the disputed amount if we ask;

(2)  not pursue any claim or reimbursement from the merchant 

and that other person; and

(3)  help us pursue and get reimbursement from the merchant 

and that other person; your help includes giving us 
documents that we ask for and that are acceptable to us.

Interest Charges and Fees.
We will charge Interest Charges and Fees to your Account 
as disclosed to you in your Statements and other Truth in 
Lending Disclosures. In general, Interest Charges begin to 

CA301_CAA_Fed_Format_July2011.indd   4

7/15/11   10:45 PM

accrue from the day a transaction occurs. However, we will 
not charge you interest on any new balances posted to the 
purchase Segment of your Account provided you have paid 
your previous balance in full by the due date.
We will treat the following Fees as purchase transactions 
unless otherwise specified below. These Fees apply to your 
Account only if they are provided in your Truth in Lending 
Disclosures. We may increase your Interest Charges and Fees 
as described in the Changes to Your Agreement section or 
in your Truth in Lending Disclosures.

•  Membership Fee. We may charge you this Fee as early as 
your first Billing Cycle or the first Billing Cycle after this 
Fee becomes effective. If it is an annual Fee, we may then 
charge it approximately once per year. If it is a monthly 
Fee, we may charge it once in each Billing Cycle. This Fee is 
payable in advance even if you do not use your Account.

•  Late Payment Fee. We may charge you this Fee if we do not 
receive your payment in time for us to credit it by the due 
date shown on your Statement.

•  Overlimit Fee. If you agree, we may charge you this Fee 

when a transaction causes you to go over or remain over any 
of your credit limits during any Billing Cycle. We may also 
charge you two additional Fees if your balance remains over 
your credit limits as of the payment due date in future Billing 
Cycles. You will only pay one Fee per Billing Cycle, even if you 
go over your limit multiple times in the same cycle.

•  Returned Payment Fee. We may charge you this Fee each time 

any payment you make to us is not paid by your financial 
institution for any reason, even if that institution later pays it.

•  Stop Payment Fee. We may charge you this Fee each time 

you request us to stop payment on an Access Check or you 
renew an existing stop payment order as provided in the 
Stopping Payment of Access Checks section.

•  Copying Fee. We may charge you a per-page Fee for copies 
of transaction documents or Statements unless they are 
required in resolving a billing dispute.

purchase Segment of your Account. We do not control when a 
merchant sends us your refund. We will also have a reasonable 
amount of time after we receive your refund to process it.

Minimum Payment.
Your Statement will provide instructions for making 
payments, including the amounts due and the due date 
for receiving your payment. If applicable, your Statement 
will also include a minimum payment amount. To avoid a 
late payment Fee, you must pay us at least this minimum 
payment amount by the due date provided in the Statement. 
If you have agreed to incur Fees for going over your credit 
limit, be aware that paying only the minimum payment 
amount might not be enough to avoid an overlimit Fee. 

In addition to the minimum payment, you may pay all or part 
of the total balances on your Account. However, you must 
still pay at least the minimum payment amount each month, 
even if you paid greater than the minimum on the previous 
Statement. We will continue to charge Interest Charges 
during Billing Cycles when you carry a balance regardless 
of whether your Statement includes a minimum payment 
that is due. If your Account is 180 days past due, part of a 
bankruptcy proceeding or otherwise charges off, the entire 
balance is immediately due and payable.

Making Payments.
Your payments must be in U.S. dollars from a U.S deposit 
account and otherwise be acceptable to us. We do not accept 
cash payments through the mail. You may not make payments 
with funds from your Account or any other credit account with 
us or any other company within the Capital One organization. 

Mailed Payments.
You must mail payments to us at the address provided on your 
Statement or as otherwise instructed by us or our agents. We 
will credit it to your Account on the day we receive it, if:

(1)  you send the payment coupon included with your 

Statement in the same envelope with your payment;

(2)  you include your Account number on your payment; and 

•  Cash Advance Fee. We may charge you this Fee each time 
you obtain a Cash Advance. This Fee will be treated as a 
Cash Advance transaction.

(3)  your payment arrives at the address indicated on the 
payment coupon in our processing center by the time 
indicated on your Statement. 

•  Transfer Fee. We may charge you this Fee each time you 
obtain a Transfer. This Fee will be treated either as a 
Special Transfer or purchase transaction depending on the 
Segment in which the Transfer posts.

Transactions Made in Foreign Currencies.
If you make a transaction in a foreign currency, the Payment 
Card Network will convert it into a U.S. dollar amount. 
The Payment Card Network will use its currency conversion 
procedures in effect when it processes the transaction. The 
conversion rate in effect on the processing date might differ 
from the rate in effect on the transaction or posting date. We 
do not currently adjust the currency exchange rate or charge 
any additional currency conversion Fees. 

No Warranties.
Except as otherwise provided in the “Billing Rights Summary” 
part of your Statements, we are not responsible for any claim 
you might have regarding the purchases of goods or services 
made with your Card. 

If your due date occurs on a day on which we do not receive 
payments, any payment received the next day which conforms 
to the above requirements will not be treated as late.

Please allow at least 7 days for postal delivery. Unless we or 
our agents specifically instruct you to remit payment in a 
different manner, payments received at any other location 
or in any other form might not be credited for up to 5 days. 
This might cause you to be charged late payment Fees and 
additional Interest Charges.

Faster Payment Services.
We may make services available that allow you to make faster 
payments through a customer service representative using a 
telephone, the Internet or other payment system. We will describe 
the terms for using these services before you use them. You do 
not have to use these other payment services, and we may charge 
you a Fee for using them. If we do, we will tell you the amount of 
the Fee at the time you request the service. We are not responsible 
if a payment made using our payment services is rejected or not 
paid. Even if it is, we may still keep the Fee.

Merchant Refunds.
If you are entitled to a refund for goods or services purchased 
with your Card, you will accept these refunds as credits to the 

If you give your Account number or other Account 
information to someone else to make a payment for you, 
we may provide Account information to them and process 

CA301_CAA_Fed_Format_July2011.indd   5

7/15/11   10:45 PM

their payment as if you made it. We may refuse to accept 
any payment made by someone else for your Account. If we 
accept a payment made by someone else for your Account, 
you will be responsible for the payment made even if that 
payment is rejected or not paid. 

Payment Processing.
We may accept and process payments without losing 
any of our rights. Even if we credit your payment to your 
Account, we may delay the availability of credit until we 
confirm that your payment has cleared. We may resubmit 
and electronically collect returned payments. We may also 
adjust your Account as necessary to correct errors, to process 
returned and reversed payments, and to handle similar issues.

When you provide an Item as payment, you authorize us either 
to use information from your Item to make a one time electronic 
fund transfer from your deposit account or to process the 
payment as an Item. We will provide additional information 
about this process on your Statement or other documents we 
send you before your payment. You may contact us and ask that 
we not process your future Items in this way. 

When you provide an Item as payment, it might also be 
converted into an electronic image and collected and returned 
electronically. These electronic images may also be converted 
to substitute checks. We will not be responsible if an Item you 
provide has physical features that when imaged result in it not 
being processed as you intended.

How We Apply Your Payments.
We apply your minimum payments to lower Annual Percentage 
Rate balances before higher ones. We apply any portion of 
your payment, in excess of your minimum payment, to higher 
Annual Percentage Rate balances before lower ones.

Items with Restrictive Words, Conditions or 
Instructions.
All Items that have restrictive words, conditions, limitations or 
special instructions added (including Items marked with the 
words “Paid in Full” or similar language) and all accompanying 
communications must be mailed to and received at: Capital 
One, P.O. Box 30285, Salt Lake City, UT 84130-0285. 
If you make your payment or send any accompanying 
communications to any other address, we may accept and 
process the payment without losing any of our rights.

Credit Balances.
We may reject and return to you any payment that creates a 
credit balance on your Account. Any credit balance we allow 
will not be available until we confirm that your payment has 
cleared. We may reduce the amount of any credit balance by 
any new amounts billed to your Account. You may contact us 
as provided on your Statement and request a refund of any 
available credit balance. If you contact us in writing, we will 
refund your credit balance within 7 Business Days from our 
receipt of your written request.

Account Default.
We may consider you in default of your Agreement with us if:

(1) you do not make any payment when it is due;
(2)  any payment you make is rejected, not paid or cannot be 

processed; 

(3) you exceed a credit limit; 
(4)  a bankruptcy or other insolvency proceeding is filed by or 

against you; 

(5)  you die or are legally declared incompetent or incapacitated; 
(6)   we determine that you made a false, incomplete 
or misleadin g statement on any of your Account 
documentation, or you otherwise tried to defraud us; 

(7)  you do not comply with any term of this Agreement or 

any other agreement with us; or

(8) you permanently reside outside the United States.

For certain actions, including changing the rates and Fees 
on your Account, our options appear in our original offer 
materials when you opened your Account. Remember, paying 
the Fees charged in connection with a default will not by itself 
cure the default. In addition, if you are in default, we may take 
the following actions without notifying you, unless the law 
says that we must notify you:

(1) close or suspend your Account;
(2) lower your credit limits;
(3) increase your minimum payment; 
(4)  demand that you immediately pay the entire balances 

owing on your Account (for example, as described in the 
Minimum Payment section);

(5)  continue to charge you Interest Charges and Fees as long 

as your balances remain outstanding; and/or

(6)  pursue any other action against you that the law allows, 

which includes the filing of a lawsuit against you. 

You must pay us all of our collection expenses, attorneys’ fees 
and court costs unless the law does not allow us to collect 
these amounts. 

Communications.
We may contact you from time to time regarding your 
Account. We may contact you in any manner we choose unless 
the law says that we cannot. For example, we may: 

(1)  contact you by mail, telephone, email, fax, recorded 

message, text message or personal visit;

(2)  contact you using an automated dialing or similar device 

(“Autodialer”);

(3)  contact you at your home and at your place of 

employment;

(4) contact you on your mobile telephone;
(5)  contact you at any time, including weekends and holidays;
(6) contact you with any frequency; 
(7)  leave prerecorded and other messages on your answering 

machine/service and with others; and 

(8)  identify ourselves, your relationship with us and our purpose 

for contacting you even if others might hear or read it.

Our contacts with you about your Account are not unsolicited 
and might result from information we obtain from you or 
others. We may monitor or record any conversation or other 
communication with you. Unless the law says we cannot, 
we may modify or suppress caller ID and similar services 
and identify ourselves on these services in any manner 
we choose. When you give us or we obtain your mobile 
telephone number, we may contact you at this number using 
an Autodialer and can also leave prerecorded and other 
messages. We may do these things whether we contact you 
or you contact us.

If you ask us to discuss your Account with someone else, you 
must provide us with documents that we ask for and that are 
acceptable to us. 

Credit Reports.
We may provide information about you and the Account to 
consumer (credit) reporting agencies and others as provided 
in our Privacy Notices. Information we provide might appear 
on your and the Authorize Users’ credit reports. This could 
include negative information if you do not comply with the 
terms of this Agreement. We may obtain and use credit 
and income information about you from consumer (credit) 
reporting agencies and others as the law allows.

CA301_CAA_Fed_Format_July2011.indd   6

7/15/11   10:45 PM

 
Closing or Suspending Your Account.
You may ask us to close your Account by calling or writing us 
as described on your Statement. Your Statement will provide 
additional information about this process, and we may also 
separately provide you with additional details after your 
request. This might include payment information. If you use 
your Card or charges post to your Account after you ask us to 
close it, we may keep it open or reopen it. 

We may close or suspend your Account and your right to 
obtain credit from us. We may do this at any time and for 
any reason, permitted by law, even if you are not in default. A 
suspension of your Account might be permanent or temporary.

If your Account is closed or suspended for any reason, you 
must stop using your Card. You must also cancel all billing 
arrangements to the Account. We will not do this for you. 
If we close or permanently suspend your Account, you must 
also destroy all Cards. You must still pay us all amounts you 
owe on the Account, even if they are charged after your 
Account is closed or suspended.

Lost or Stolen Card.
You will take reasonable steps to prevent the unauthorized use 
of your Card and Account. If your Card is lost or stolen or if 
someone else might be using it without your permission, you 
must tell us at once. You may tell us by calling the telephone 
number on the back of your Card or on your Statement or 
by writing us at the address on your Statement. You will not 
be responsible for charges made to your Account that are 
found by us to be unauthorized. If we reimburse your Account 
for unauthorized charges made using your Card, you will 
help us investigate, pursue and get reimbursement from the 
wrongdoer. Your help includes giving us documents that we 
ask for and that are acceptable to us.

Changes to Your Agreement.
At any time, we may add, delete or change any term of this 
Agreement unless the law prohibits us from doing so. We will 
give you notice of any changes as required by law. If we do 
notify you of changes, we will send you a separate notice or 
inform you on your Statement. We may send this notice to 
you electronically as permitted by law. Our notice will tell you 
when and how the changes will take effect and describe any 
rights you have in connection with the changes. 

Your variable Annual Percentage Rates (if applicable) can go up or 
down as the index for the rate goes up or down. If we increase 
your Interest Charges for any other reason we will notify you in 
writing. If we increase your Fees or other terms of your Account 
we will notify you in writing and inform you of your options in 
advance, including the right to opt out of some of these changes.

We may increase your Interest Charges for new transactions 
and your Fees after the first year of the Account. Also, if your 
payment is not received within 60 days after the payment 
due date, we may increase your Interest Charges and Fees for 
existing balances and new transactions at any time. We may 
change any other terms of your Account at any time.

The Law that Applies to Your Agreement.
We make decisions to grant credit and issue you a Card from 
our offices in Virginia. This Agreement will be interpreted using 
Virginia law. Federal law will be used when it applies.

You waive any applicable statute of limitations as the law 
allows. Otherwise, the applicable statute of limitations 
period for all provisions and purposes under this Agreement 
(including the right to collect debt) will be the longer period 
provided by Virginia or the jurisdiction where you live. If any 
part of this Agreement is found to be unenforceable, the 
remaining parts will remain in effect.

Waiver.
We will not lose any of our rights if we delay taking any 
action for any reason or if we do not notify you. For example, 
we may waive your Interest Charges or Fees without notifying 
you and without losing our right to charge them in the 
future. We may always enforce our rights later and may take 
other actions not listed in this Agreement if the law allows 
them. You do not have to receive notice from us of any 
waiver, delay, demand or dishonor. We may proceed against 
you before proceeding against someone else.

Assignment.
This Agreement will be binding on, and benefit, any of your 
and our successors and assigns.

You may not transfer your Account or your Agreement to 
someone else without our written permission. 

We may transfer your Account and this Agreement to another 
company or person without your permission and without prior 
notice to you. They will take our place under this Agreement. 
You must pay them and perform all of your obligations to 
them and not us. If you pay us after you are informed or learn 
that we have transferred your Account or this Agreement, we 
can handle your payment in any way we think is reasonable. 
This includes returning the payment to you or forwarding the 
payment to the other company or person. 

Security Agreement.
This is the Security Agreement referred to in your Capital One 
secured credit Card application. Terms not defined in this 
Security Agreement shall have the same meaning as those 
defined elsewhere in this Agreement.

(1)  Collateral. I understand and agree that I have provided security 
deposit funds from a U.S. funding source to serve as security 
for my Capital One secured credit Card. I understand and 
agree that all deposit funds now or hereafter delivered by 
me or on my behalf to Capital One pursuant to this Security 
Agreement (collectively, the “Funds”) will be used to secure my 
Capital One secured credit Card Account (“Account”). All Funds 
will be held in an account (the “Security Account”) and/or all 
amendments, extensions, renewals, or replacements of that 
Security Account. The Funds are insured by the Federal Deposit 
Insurance Corporation (“FDIC”) to the extent permitted by 
law. I will have no right to make withdrawals from the Security 
Account. The Funds will be used as collateral to secure the 
obligations to Capital One that I incur in connection with my 
Account (“Obligations”). Capital One will maintain separate 
records to account for my Funds. Capital One will not send 
Statements for the Security Account. I understand that if my 
Account is opened jointly by two persons, Capital One may 
release Funds relating to joint Accounts upon instruction of any 
one of the persons in whose name a joint Account has been 
opened, and will not be liable to any other party to the joint 
Account for such release. In the case of a joint Account, notice 
to one joint cardholder will be considered notice to both.

(2)  Additional Funds. I may be given the opportunity to 
provide Capital One with additional Funds, up to an 
aggregate credit limit established for my Account in order 
to increase my credit limit. Any additional Funds will be 
added to the Security Account. If I request a decrease in 
my credit line, I understand that Capital One may hold 
Funds in excess of my credit line. I may not withdraw 
Funds or request a refund of my Funds at any time, other 
than by paying all of my Obligations to Capital One and 
closing my Account.

(3)  Pledge and Grant of Security Interest to Capital One. I 

hereby pledge and grant to Capital One, as of the date of 
my delivery of Funds to Capital One, a security interest in 

CA301_CAA_Fed_Format_July2011.indd   7

7/15/11   10:45 PM

the Funds for the purpose of securing my Obligations. I 
irrevocably and unconditionally relinquish all possession and 
control over and pledge and assign as security to Capital 
One, as of such date, all of my right, title and interest in 
and to any and all Funds. Capital One and I acknowledge 
that subject to Capital One’s possession of, and security 
interest in, the Funds, I retain beneficial ownership of the 
Funds for FDIC insurance of account purposes. I agree 
to take any actions requested by Capital One to perfect 
or protect the first lien position of Capital One’s security 
interest in the Funds. I hereby waive the benefit of my 
homestead and other exemptions existing under the laws 
of the Commonwealth of Virginia or other applicable 
jurisdiction as to my Obligations and/or the Funds.

One hires an attorney to defend or enforce its rights under 
this Security Agreement or to perform any legal services in 
connection with this Security Agreement, I will pay Capital One 
all reasonable attorneys’ fees and court costs incurred.

(10)  Escheat. I understand that if there is no activity with 

respect to my Account for a prescribed period of time 
(generally five years), such Funds may be presumed to 
have been abandoned and will escheat to and become 
the property of the Commonwealth of Virginia or other 
applicable state under applicable law. Once such Funds 
have been designated as escheatable, any interest on such 
Funds will cease to accrue or be paid. I will be notified as 
required by law prior to any action being taken relating to 
the abandoned amounts.

(4)  Interest on Funds. The Security Account is a non-interest 
bearing account and therefore, no interest will be paid 
to you unless disclosed in the credit Card offer. Under no 
circumstances is Capital One obligated to pay interest on 
the Funds. If interest is earned at any time in the future, it 
will be added to the Security Account and will constitute 
proceeds securing my Obligations.

(5)  Default. I shall be in default under this Security Agreement 

if I am in default in any respect as defined in the 
Agreement, including failing to pay my Obligations at any 
time when due. Upon any such default, I hereby authorize 
Capital One to withdraw Funds from the Security Account 
and to apply such amounts to such Obligations, all without 
sending me any additional notice or demand for payment. 
The foregoing rights shall be in addition to all other rights 
of Capital One provided by law or under this Agreement.

(6)  Application of Funds to the Account. If your Account 
is closed by you or by us, or you are in default on your 
Account, we may apply the Funds towards any outstanding 
Obligations on the Account. Within 60 days of applying 
the Funds to your Account, we will return any excess Funds 
to you. This application of the Funds will not constitute 
a payment towards any outstanding Obligations. If you 
have any outstanding Obligations after your Funds are 
applied, you will still be responsible for the repayment of 
that amount, and we may continue to report your Account 
delinquent as applicable. If your Account becomes subject to 
bankruptcy proceedings, we will treat the Funds as required 
by that process. We may, at our discretion, unsecure your 
Account at any time by returning the Funds to you.

(7)  The Law that Applies to Your Account; Assignment. This 

Security Agreement and Capital One’s security interest and 
rights as pledge hereunder shall be governed by the laws 
of the Commonwealth of Virginia. Capital One may, in its 
sole discretion, assign its rights and obligations under this 
Security Agreement.

(8)  Current Address. I understand that it is my duty to keep 
Capital One informed of my current address and that 
Capital One will rely upon and use the last address provided 
by me or the U.S. Postal Service.

(9)  Legal Proceedings; Disputes. I agree to be bound by the terms 

of this Security Agreement. I represent that there are no 
current lawsuits or bankruptcy proceedings that might affect 
Capital One’s interest in the Funds. I have not and will not 
attempt to transfer any interest in the Funds to any person 
other than Capital One or offer the Funds as security for any 
obligations other than to Capital One. If my Account, my 
Security Account or my Funds become involved or are likely 
to become involved in a legal proceeding, I understand that 
the entire balance of my Funds in the Security Account (even 
if only one person party to the Security Account is involved) 
may be restricted until the matter has been resolved. If Capital 

Glossary.

• “Access Check” means any check we send to you to access 
your Account. We may also refer to an Access Check as a 
“convenience check” or a “purchase check.”

•“Account” means your Card Account with us.

• “Authorized User” means one or more persons who may 

use the Card but is not responsible for the repayment of the 
Account. 

• “Balance Transfer” means a Transfer posted to the 
purchase Segment of your Account unless otherwise 
described in your Truth in Lending Disclosures.

• “Billing Cycle” means a period of time that might vary in 

length but is approximately 30 days. The specific period of time 
is described on each Statement. However, you will have a Billing 
Cycle even if a Statement is not required. We will often specify 
a Billing Cycle by the month in which its closing date occurs as 
provided on the Statement. For example, a “March Billing Cycle” 
will have a closing date in March. We may also refer to a Billing 
Cycle as a “Billing Period.” If your Account balance has charged 
off, we may switch to quarterly Billing Cycles to your Account.

• “Business Day” means any day in which Capital One’s 

offices are open for the processing of payments and credits.

• “Card” means any Capital One credit Card associated with 

your Account, which includes all renewals and substitutions. 
It also means any other access device for your Account we 
give you that allows you to obtain credit, including any 
Account number and any Access Check. 

• “Cash Advance” means using the Card to obtain loans in 

cash or things we consider cash equivalents. Cash equivalents 
include wire transfers, travelers’ checks, money orders, 
foreign currency, lottery tickets, gaming chips and wagers. 
Cash Advances are posted to the Cash Advance Segment of 
your Account and not to your purchase Segment.

• “Fees” means charges imposed on your Account that are 

not based on the Annual Percentage Rates.

• “Interest Charges” means any charges to your Account 
based on the application of Annual Percentage Rates.

• “Item” means a check, draft, money order or other 

negotiable instrument you use to pay your Account. This 
includes any image of these instruments. This does not 
include an Access Check.

• “Payment Card Network” means Visa Inc., MasterCard 
International Incorporated, or any other network provider 
displayed on the Card.

CA301_CAA_Fed_Format_July2011.indd   8

7/15/11   10:45 PM

• “Segments” means the different parts of your Account 

we may establish that are subject to unique pricing, grace 
periods or other terms. We create these parts of your 
Account for such things as your purchases, Cash Advances 
and Special Transfers.

• “Special Transfer” means a Transfer posted to the Special 
Transfer Segment of your Account and not to your purchase 
Segment.

• “Statement” means a document or information we 

provide to you showing Account information including, 
among other things, transactions made to your Account 
during a Billing Cycle. We might also refer to your Statement 
as a “Periodic Statement” or a “Billing Statement.” 

• “Transfers” means balances transferred from other 

Accounts to this Account and includes Balance Transfers and 
Special Transfers.

• “Truth in Lending Disclosures” means any Account 
information we provide to you that is required by the 
federal Truth in Lending Act and Regulation Z. These include 
your application and solicitation disclosures, Account 
opening disclosures, subsequent disclosures, Statements 
and change in terms notices.

© 2011 Capital One
Capital One is a federally registered service mark. 
All rights reserved.

CA301_CAA_Fed_Format_July2011.indd   9

7/15/11   10:45 PM

301