Credit Card Agreement for Union Privilege Cards in Capital One, 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 December 31, 2013. The combination of terms
that could apply to you may 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, N.A. 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).
Family Member and Working America cardmembers may not be eligible for certain benefits.
If you are no longer a current union member in good standing of a participating union, a retired union member, a family member of a current union member in
good standing of a participating union, or a member of Working America, you are not eligible for this pricing and your Account may be repriced and you may not be
eligible for certain benefits.
CAPITAL ONE PRICING INFORMATION
Annual Percentage Rate
10.9% 21.99%.
(APR) for Purchases
This APR will vary with the market based on the Prime Rate.
APR for Balance
10.9% 21.99%.
Transfers
This APR will vary with the market based on the Prime Rate.
APR for Cash Advances
23.99%.
This APR will vary with the market based on the Prime Rate.
Penalty APR and When It
24.99%.
Applies
This APR will vary with the market based on the Prime Rate.
This APR may be applied to your account if you make a late payment.
How Long Will the Penalty APR Apply? If APRs are increased for a payment that is late, the Penalty APR may apply indefinitely
unless you make six consecutive minimum payments on time following the rate increase.
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 $1.00.
Annual Fee
$0.
Transaction Fees
Balance Transfer Fee
None.
Cash Advance Fee
Either $10 or 4% of the amount of each cash advance, whichever is greater.
Foreign Transaction Fee
None.
Penalty Fees
Late Payment
Up to $35.
Over the Credit Limit Fee
None.
Returned Payment
Up to $25.
Balance Computation Method: Average Daily Balance (including new purchases)
The "Daily Balance" of a Credit Plan is determined by taking the opening balance of the Credit Plan for that day, and adding 1) any new purchase made on the
Credit Plan that day, 2) the previous day's Interest Charges, 3) any credit insurance premiums or debt cancellation fees (if applicable) incurred on that day and 4)
any late fees, over the credit limit fees, returned payment fees or other fees incurred on that day and subtracting any payments or credit applied to the Credit Plan
that day. If your Account is subject to a grace period during the billing cycle, payments made during that cycle will be subtracted from all Daily Balances in the
current cycle.
Required Insurance, Debt Cancellation or Debt Suspension Coverage: None
Disclosure of Rates: The Daily Periodic Rate which is used to determine your Interest Charges and the corresponding Annual Percentage Rate, will be variable rates
which may change monthly. The Daily Periodic Rate will be one-three hundred sixty fifth of the sum of the U.S. prime rate published in Money Rates table of The Wall
Street Journal that is in effect on the last day of the month. ("Prime Rate"), plus a "Spread" of 7.65 to 18.74 percentage points for the Standard Rate and a "Spread" of
21.74 percentage points for the Penalty Rate. Any changes in the Prime Rate will take effect on the first day of your billing cycle beginning in the next month.
CAPITAL ONE CUSTOMER AGREEMENT
About this Agreement
A merchant may check your ID.
Part 1 and 2 together make your Cardmember Agreement and
We are not liable if:
Disclosure Statement ("Agreement") and govern your Credit Card
a merchant refuses your Card; and/or
Account with us (your "Account").
we do not complete your transaction for any reason.
Part 1 contains Terms and Conditions. Part 2 contains Annual
Percentage Rate ("APR") and fee information. Please read and keep
Credit Limit
both parts of this Agreement.
When we first send your Card, we will tell you:
the total credit limit on your Account; and
Thank you.
the portion of this limit you can use for cash advances.
Key Terms
If a cash advance limit is not shown on your billing statement, it means
"You" and "your" means each person who:
your total credit limit is available for cash advances.
applied for this Account; and/or
We may change these limits from time to time. Whenever this occurs,
agrees to pay for the Account.
we will notify you:
"We," "us," "our," and "Capital One" means Capital One, N.A., 1111
on your billing statement; and/or
Town Center Drive, Las Vegas, Nevada 89144.
by sending a notice.
"Agreement" means Parts 1 and 2 of this document and any
You agree to:
supplements or amendments.
keep your Account balance (which includes Interest and other
charges) within your credit limit; and
"Card" means any card, card number or other device we issue to
immediately pay any over limit amount that might occur.
access your Account.
Your available credit may not reflect your payments for up to 14 days. If
Getting Started
a transaction exceeds your available credit, we may decline it.
The Card must be signed to be used.
Recurring Bills
When you receive this Agreement, use the Account, or sign or keep
If you authorize any company to bill charges on a recurring basis to your
the Card, you agree to:
Account, we may provide the company with information about your:
the terms of this Agreement; plus
a) Account number;
any amendments or supplements to the Agreement.
b) Account status; and
c) Account expiration date.
If your Account has an Annual Fee or Periodic Membership Fee, we will
refund this fee if:
You must notify the company when and if you no longer want to allow
you have not used your Account; and
them to charge your Account.
you close your Account within 90 days of when it was opened.
If you default with us or if we change your Account or Account
You may close your Account at any time.
number for any reason:
we may refuse or suspend future recurring charges; and
Types Of Uses
you must set up the recurring charges again and/or make other
You can use your Account for:
payment arrangements with the company.
Purchases;
Balance Transfers; and
Promise To Pay
Cash Advances.
You promise to pay for all:
credit we extend; plus
We may limit the amount and/or frequency of any type of use at any time.
Interest Charges and other fees or charges; plus
collection costs and attorney fees as allowed by law.
Balance transfers include credit card checks, unless otherwise disclosed.
If your Account is a joint Account, each of you is jointly and
Cash advances include cash you get:
individually responsible for amounts due. This remains true in the event
over the counter (e.g., at a bank);
of death, divorce or other events that affect liability between you and
at an ATM; and
the other person.
from other purchases we define as "cash-like" (e.g., money orders,
traveler's checks, casino chips, or lottery tickets).
If any joint Accountholder requests to not be liable for future
transactions, we may close the Account.
Allowed Use
You agree to:
When And How To Pay
use your Account only for lawful purposes;
You agree to:
use your Account for only personal, family, household, or charitable
pay at least the Minimum Payment Due as described in Part 2, and as
purposes; and
shown on your billing statement; and
repay us for all costs related to uses not allowed under this Agreement.
make this payment in time to be credited by no later than the
Payment Due Date.
You are not allowed to use your Account:
to make payments to this credit Card or any other loan payments to
If you wish, you may pay more than the Minimum Payment Due or the
us or our affiliates; or
entire balance at any time.
for internet gambling.
Instructions for making timely payments are shown on your billing
You will take reasonable steps to prevent the unauthorized use of your
statement.
Card and Account.
Payments must be:
If you have given someone permission to use the Card, this is not
made in U.S. dollars; and
unauthorized use and you will be liable for all use by that person.
paid from a U.S. bank or other U.S. financial institution; and
sent in a form that is acceptable to us.
Using The Account
At times we may:
Acceptable forms of payment include:
decline a transaction if there is not enough available credit and for
a check or money order; or
an electronic funds transfer
any other reason; and/or
require our Authorization before allowing a transaction.
If you want to write any special conditions on your payment, such as
INTEREST CHARGES
"paid in full", "without recourse", or similar language, you must mark
this clearly on your payment. Send this payment to the special address
How Interest Charges Are Calculated
on your statement. This address is called the "Billing Inquiries" address.
To determine your periodic Interest Charges on each billing statement, we:
determine the Average Daily Balance for each type of transaction;
Unless you follow the above directions, we may accept a payment
(for example, purchases, balance transfers, and cash advances); then
marked with special conditions and not agree to those conditions, and
multiply this number by the applicable Daily Periodic Rate; then
will not lose any of our rights.
multiply this number by the total number of days in the billing cycle.
By sending us a check for payment on your Account, you authorize us
We use the applicable Daily Periodic Rate in effect on the billing
either to:
statement closing date.
use information from your check to initiate an electronic fund
transfer from your payment account according to the terms of the
How Daily Balance Is Determined
check; or
To determine your Daily Balance, we:
to process this transaction as a check.
take the beginning balance for each type of transaction that day; then
When we use your check to make an electronic fund transfer:
add the following that were incurred on that day:
funds may be withdrawn from your payment account the same day
a) any new transactions;
we receive your payment; and
b) any previous day's periodic Interest Charges;
you will not receive your check back from your bank.
c) any Finance Charges; and
d) any fees and charges, including any credit insurance premiums or
When you use our optional payment by phone service, you agree that:
debt cancelation fees, if these apply; then
we may make an electronic funds transfer from the bank account
subtract any payments and/or credits.
you choose; or
we may process the payment the same way we would process a check.
We also make any needed adjustments. For example:
If a transaction posts after, but occurs before the start of a billing
You authorize the amount and timing of each payment. Please retain
cycle, we may adjust the amount above to include this transaction. It
this authorization for your records.
will be included as of the first day of the billing cycle in which it posts.
If you have a returned payment:
If your Account is subject to a grace period during the billing cycle,
the amount you paid will be added back to your Account and may
your payments will be subtracted from all Daily Balances in the
be applied to a different category than originally posted. (e.g. cash
current billing cycle.
advance, purchases, etc.); and
If a transaction for a returned payment or a dispute resolved in our
Interest Charges may be restored back to the payment date at the
favor posts after the beginning of the billing cycle, we will make this
APR for that transaction.
adjustment:
the applicable Daily Balance(s) and any related Interest Charge
calculations will be adjusted to include the transaction amount as of
INTEREST RATES
the date of the original payment or transaction.
About Your APRs
To calculate your Average Daily Balance, we:
Your APRs are shown in Part 2.
add the Daily Balances for each day of the billing cycle; then
A Daily Periodic Rate is used to determine your Interest Charges in any billing
divide this total by the number of days in the billing cycle.
cycle. To determine this rate, we divide your APR by 365; then round this
number up to the next hundred thousandth of a percentage point.
Paying Interest
Your Account has a grace period on purchases. Periodic Interest
Promotional Or Introductory APR
Charges begin accruing on purchases, balance transfers, cash
We may offer you special Promotional or Introductory APRs from time
advances, and credit card checks on the date of the transaction and
to time. If we do, we will tell you:
continue to accrue until your balance is paid in full. However, no
the eligible transaction types;
Interest will be charged on new purchases for any billing cycle when:
how long this APR will last; and
you paid your entire New Balance in the previous month on time; and
any other special terms of the offer.
you pay your entire current month's balance on time as well.
How A Variable Rate May Change
TREATMENT OF FEES AND INTEREST
Your variable APRs can change with each monthly billing cycle.
Any fees or Interest will be added to your Purchase balance unless
We will apply each APR to the applicable balance for each type of
otherwise stated in this Agreement.
transaction. Each variable APR will be equal to:
a) the amount shown in Part 2 ("Spread"); plus
Minimum Interest Charge
b) the U.S. "Prime Rate" as defined below.
If you are charged Interest, the charge will be no less than the Minimum
The Prime Rate will be as shown in the Money Rates table of The Wall
Interest Charge listed in Part 2. The Minimum Interest Charge will be
Street Journal that is in effect on the last day of the month.
allocated to each balance category subject to an Interest Charge.
Any changes in the Prime Rate will take effect on the first day of your
Balance Transfer Fee
billing cycle beginning in the next month.
This fee is shown in Part 2. This fee:
An increase in the U.S. Prime Rate will increase your Daily Periodic
applies to balance transfers and credit card checks; and
Rates. It may also increase your:
is charged as of the date the transfer or check posts to your Account; and
Interest Due; and/or
is added to the same balance as the balance transfer; and
Minimum Payment Due.
is a Finance Charge.
About The Penalty APR
Cash Advance Fee
If you do not make your Minimum Payment Due by the Payment Due
This fee is shown in Part 2. It applies to:
Date on two occasions in a rolling 12-month period, we may increase
cash you get over the counter (e.g., at a bank);
your APRs on future transactions to the Penalty APR.
cash you get at an ATM; and
other "cash-like" transactions (such as money orders, traveler's
If this occurs:
checks, casino chips, or lottery tickets).
we will provide advance notice before the Penalty APR goes into effect.
This fee is:
once the Penalty APR goes into effect, if you make your Minimum
Payment Due by the Payment Due Date for six consecutive billing
charged as of the date the transaction posts to your Account; and
cycles, your rates will return to the non-Penalty APRs that apply to
added to the cash advance balance; and
your Account
a Finance Charge.
FEES AND LIMITS
You are responsible for all charges made on additional Account Cards
or by permitted users.
The fees that apply to your Account are shown in the Purchase balance
To revoke another person's permission to use your Account, you must:
unless otherwise stated in this Agreement.
notify us; and
If charging any fee shown in Part 2 would exceed first-year fee limits
retrieve and destroy any Cards, checks or other Account access
set by law, we may charge an amount allowed by law. If we do this, it
devices from that person.
does not affect our ability to charge the full fee amount later.
Updating Your Records
Annual Or Periodic Membership Fee
You agree:
If your Account has an Annual or Periodic Membership Fee, this
a) to give us prompt advance notice of any change in your name,
amount is shown in Part 2. You agree that this fee will be charged to
mailing address, phone number, or employer;
your Account while your Account is:
b) to promptly give us accurate financial information about you if we
open; or
ask for it; and
closed with a balance.
c) the Department of Motor Vehicles may release your home address
to us if we ever need it to find you.
If you have not used your Account and you close it within 90 days of
when it was opened, the Annual or Periodic Membership Fee(s) will be
Closing Your Account
refunded (if paid) or reversed.
You can close your Account at any time by:
This Fee compensates Capital One in part, for Cardmember services
calling the number on the back of your Card; or
provided or made available to you throughout the membership year.
mailing your request to the "Billing Inquiries" address on your
billing statement.
Late Payment Fee
Once you close the Account:
This fee is shown in Part 2. It is charged in any billing cycle that you do
you must destroy your Card(s) and any unused credit card checks; and
not pay at least the Minimum Payment Due by the Payment Due Date.
you will still be responsible for all amounts owed according to the
terms of this Agreement.
Over The Credit Limit Fee
This fee is shown in Part 2 and will be charged if:
Lost Or Stolen Card/Checks
your Account balance exceeds your credit limit at any time during a
You agree to notify us immediately if:
billing cycle.
your Card or credit card checks are lost or stolen; or
Returned Payment Fee
your Account is used without your permission.
This fee is shown in Part 2. It is charged each time a check or other
form of payment to us is returned or not honored.
You may call at any time. The phone number is listed on your billing
statement.
Payment By Phone Fee
This fee:
Account Default
may be charged each time anyone makes a payment to your
We may consider your Account to be in Default if you:
Account with the assistance of a live phone representative; and
a) fail to make the Minimum Payment Due when due;
amount is disclosed at the time a payment by phone is requested.
b) exceed your credit limit;
c) become the subject of bankruptcy proceedings, foreclosure,
Copy Request Fee
repossession, lien or judgment, garnishment, or attachment;
A fee may be charged each time a copy of a document is requested.
d) give us misleading, false, or incomplete information;
The fee amount will be disclosed at the time of your request.
e) fail to give us a current physical address when you apply and
whenever you move;
f) make payments to us that are returned unpaid by your bank or other
Stop Payment Fee
financial institution;
A fee may be charged when you request a stop payment on a credit
g) write any credit card checks that are returned unpaid by us;
card check you have written.
h) default under any other agreement or security agreement you have
Please note, if the check has already been paid a stop payment cannot
with us or with one of our affiliates; and/or
be requested.
i) become incompetent or deceased.
To request a stop payment you must notify us in writing. Please use the
Upon default, we have the right to:
"Billing Inquiries" address on your billing statement.
close your Account;
suspend your credit privileges;
If you notify us by phone, you must also notify us in writing within 14
require you to pay your entire Account balance including any Introductory
days of your call.
or Promotional APR balances, all accrued but unpaid Interest Charges, and
Your written, signed request must include these items:
other charges provided for in this Agreement immediately;
check number;
change the terms of your Account; and
sue you for what you owe.
payee name;
check date; and
If we incur costs to collect your balance owed, including any attorney
check amount.
fees, we may charge you for these costs as permitted by applicable
Your stop payment order will end after six months unless you renew it
law, and we will apply your payments first to these costs.
in writing.
Credit Reporting
How We Apply Payments
You agree that we may obtain and use credit information about you
from others such as:
We apply your payment up to and including the Minimum Payment
- merchants or stores;
Due as we determine, and usually to lower APR balances before higher
other lenders; and
ones.
- consumer reporting agencies.
Any payment amount greater than the Minimum Payment Due is
applied to higher APR balances before lower ones.
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
Getting Additional Cards
authorized users' credit reports.
You may:
request additional Cards for others; and/or
If you fail to meet the terms of this Agreement, we may send a
permit others to use your Card or Account Number.
negative report to consumer reporting agencies.
If you believe we have reported inaccurate information about your
Applicable Laws
Account to any consumer reporting agency, you should:
This Agreement is governed by Commonwealth of Virginia law and
federal law.
notify us and ask us to correct the inaccurate information by writing
to us at Capital One, P.O. Box 5253, Carol Stream, IL 60197-5253.
We make our credit decisions and extend credit to you under this
When you write to us, tell us:
Agreement from the Commonwealth of Virginia. This Agreement is:
your Account number; and
entered into in the Commonwealth of Virginia; and
the specific information you believe is not correct; and
maintained in the Commonwealth of Virginia.
why you believe it is not correct.
This is true whether or not you use your Card in the Commonwealth of
Virginia.
Account Closure
At any time, for any reason, we may take any of these actions subject
YOUR BILLING RIGHTS: KEEP THIS DOCUMENT FOR
to applicable law:
FUTURE USE
a) close your Account;
b) suspend your access to new credit;
This notice tells you about your rights and our responsibilities under
c) reduce your credit limit; and/or
the Fair Credit Billing Act.
d) not renew your Card.
If we close your Account, you agree to destroy your Card(s) and any
What To Do If You Find A Mistake On Your Statement
unused credit card checks.
If you think there is an error on your statement, write to us at:
If your Account is closed for any reason, the terms of this Agreement
still apply to Account balances until your Account is paid in full.
Capital One
PO Box 5253
Carol Stream, IL 60197-5253
Communications
We may contact you from time to time regarding your Account. We
In your letter, give us the following information:
may contact you in any manner we choose unless the law says that we
Account information: Your name and account number.
cannot. For example, we may:
Dollar amount: The dollar amount of the suspected error.
1) contact you by mail, telephone, email, fax, recorded message, text
Description of problem: If you think there is an error on your bill,
message or personal visit;
describe what you believe is wrong and why you believe it is a mistake.
2) contact you using an automated dialing or similar device ("Autodialer");
3) contact you at your home and at your place of employment;
You must contact us:
4) contact you on your mobile telephone;
Within 60 days after the error appeared on your statement.
5) contact you at any time, including weekends and holidays;
At least 3 business days before an automated payment is scheduled,
6) contact you with any frequency;
if you want to stop payment on the amount you think is wrong.
7) leave prerecorded and other messages on your answering machine/
You must notify us of any potential errors in writing. You may call us,
service and with others; and
but if you do we are not required to investigate any potential errors
8) identify ourselves, your relationship with us and our purpose for
and you may have to pay the amount in question.
contacting you even if others might hear or read it.
Our contacts with you about your Account are not unsolicited and
What Will Happen After We Receive Your Letter
might result from information we obtain from you or others. We
When we receive your letter, we must do two things:
may monitor or record any conversation or other communication
1. Within 30 days of receiving your letter, we must tell you that we
with you. Unless the law says we cannot, we may modify or suppress
received your letter.
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
We will also tell you if we have already corrected the error.
telephone number, we may contact you at this number using an
Autodialer and can also leave prerecorded and other messages. We
2. Within 90 days of receiving your letter, we must either correct the
may do these things whether we contact you or you contact us.
error or explain to you why we believe the bill is correct.
If you ask us to discuss your Account with someone else, you must
While we investigate whether or not there has been an error:
provide us with documents that we ask for and that are acceptable to us.
We cannot try to collect the amount in question, or report you as
delinquent on that amount.
Change Of Terms
The charge in question may remain on your statement, and we may
We may change this Agreement as allowed by applicable law. This
continue to charge you interest on that amount.
may include changing, adding, or removing terms. We may do this in
While you do not have to pay the amount in question, you are
response to legal, business, competitive environment or other reasons
responsible for the remainder of your balance.
not listed here.
We can apply any unpaid amount against your credit limit.
We may increase the Interest rate on existing balances in limited
After we finish our investigation, one of two things will happen:
circumstances. Changes to some terms may require at least 45 days
advance notice, and we will tell you in the notice if you have the right
If we made a mistake: You will not have to pay the amount in
to reject a change. We cannot change certain terms during the first
question or any interest or other fees related to that amount.
year of your Account.
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
Account Assignment
send you a statement of the amount you owe and the date payment
We may sell, assign or transfer all or any part of your Agreement and
is due. We may then report you as delinquent if you do not pay the
Account without notice to you. You may not sell, assign or transfer
amount we think you owe.
your Account.
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
Waivers
you do so, we cannot report you as delinquent without also reporting
If we delay or take no action allowed under this Agreement, for any
that you are questioning your bill. We must tell you the name of
reason, we will not lose or limit any of our rights under this Agreement
anyone to whom we reported you as delinquent, and we must let those
on any other occasion.
organizations know when the matter has been settled between us.
Severability
If we do not follow all of the rules above, you do not have to pay the
If a term is found to be invalid under any applicable law, rule or
first $50 of the amount you question even if your bill is correct.
regulation, then all other terms of this Agreement will remain valid.
Your Rights If You Are Dissatisfied With Your Credit Card Purchases
If you are dissatisfied with the goods or services that you have
purchased with your credit card, and you have tried in good faith to
correct the problem with the merchant, you may have the right not to
pay the remaining amount due on the purchase.
To use this right, all of the following must be true:
1. 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.
2. You must not yet have fully paid for the purchase.
If all of the criteria above are met and you are still dissatisfied with the
purchase, contact us in writing at:
Capital One
PO Box 5253
Carol Stream, IL 60197-5253
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.
Missouri Residents: Oral agreements or
commitments to loan money, extend credit or
to forbear from enforcing repayment of a debt
including promises to extend or renew such debt
are not enforceable. To protect you (borrower(s))
and us (creditor) from misunderstanding or
disappointment, any agreements we reach
covering such matters are contained in this writing,
which is the complete and exclusive statement of
the agreement between us, except as we may later
agree in writing to modify it.
AG3154B (10/12) M-106762