W006

CONSUMER PLATINUM

Cardholder
Agreement
and Privacy Policy

Cardholder Agreement

Effective 6/1/2011     NY RESIDENTS: RETAIL INSTALMENT 

CREDIT AGREEMENT

TABLE OF CONTENTS:

  1.  Summary of Credit Terms 

............................................... see separate insert
“Credit Terms and Fees”
..................................................................... 2
................................................................................................. 2
................................................................................... 2
............................................................................... 2
....................................................................................... 2
............................................................................ 3
.................................................................................................... 3
........................................................................... 3
............................................................... 4
......................................................................................................... 5
....................................................................... 6
....................................................................................... 6
.......................................................................................... 6
........................................................................................... 7
.................................................................. 7
.................................................................... 7
................................................................... 8
.............................................................................................. 8
................................................................................ 8
........................................................................................... 8
...................................................................................... 9
..................................................... 9
................................................................ 9
.................................................................................. 9
......................................................... 9
........................................................................... 9
........................................................................................ 10
...................................................................................... 10
.................................................................................. 10
...................................................................................... 11
............................................................................................. 11
.................................................................................... 11
............................................................................. 11
................................................................................... 14
.......................................................................................... 15

  2.  Your Account and Agreement 
  3.  Addresses 
  4.  Using Your Account 
  5.  Your Obligation to Pay 
  6.  Your Credit Limit 
  7.  Your Account Statement 
  8.  Interest   
  9.  Periodic Rate of Interest 
10.  Balance Subject to Interest Rate 
11.  Fees 
12.  Waiver of Security Interest 
13.  Collection Costs 
14.  Your Payments 
15.  Cash Advance 
16.  Foreign Currency Transactions 
17.  Authorization of Transactions 
18.  Liability for Unauthorized Use 
19.  Assignment 
20.  Closing Your Account   
21.  Other Services 
22.  Special Programs 
23.  Credit Reports and Account Information
24.  Notice of Inaccurate Information 
25.  Sharing Information 
26.  Telephone Monitoring and Recording 
27.  Communicating with You 
28.  Governing Law 
29.  Changing Terms 
30.  Your Billing Rights
31.  No Waiver by Us 
32.  Severability 
33.  Entire Agreement 
34.  Arbitration Agreement 
35.  State Law Notices
36.  Privacy Policy 

2.  YOUR ACCOUNT AND AGREEMENT.   This Cardholder Agreement 
(“Agreement”), the “Summary of Credit Terms” provided (“Credit Terms”), and the ap-
plication you signed or otherwise submitted (collectively, the “Cardholder Documents”) 
govern the use of your credit card (“Card”) account (your “Account”). In this Agreement 
and in your monthly Periodic Statement, the words “you” and “your” refer to all persons 
who applied and were approved for the Account. The words “we,” “us,” and “our” refer to 
First Arkansas Bank & Trust or its assigns.  Your Credit Terms and application are part of 
and incorporated into this Agreement. Your signature (including any electronic or digital 
signature) on your Card, on any application, on any accepted sales slip, or on any other 
document you sign in connection with the use of your Card or your Account is part of 
and incorporated into this Agreement. Please read and keep the Cardholder Documents 
for your records. Subject to applicable law, this Agreement may be changed at any time 
beginning twelve (12) months after Account opening in accordance with the “CHANGING 
TERMS” Section of this Agreement.  This Agreement also includes an Agreement to 
Arbitrate with a right to reject arbitration.  See “ARBITRATION AGREEMENT” below. The 
effective date of this Agreement (“Effective Date”) will be the earlier of (i) the date that 
we approve your application or (ii) the first date that we extend credit for a transaction by 
which you or someone authorized by you uses the account (in NY, the first date that we 
extend credit for a transaction by which you or someone authorized by you signs a sales 
slip or memorandum).

3.  ADDRESSES.   Your full name, address, and signature are considered part of 
this Agreement. For purposes of this Agreement, you agree and represent that you live 
at the address shown on your application or from time to time designated by you for the 
receipt of billing statements. You agree promptly to notify us of any change in your ad-
dress or any other contact information you provided us on your application or otherwise. 
Our address is Card Assets LLC, P.O. Box 723847 Atlanta, GA 31139-0847.

4.  USING YOUR ACCOUNT.   When we approve your application and accept 
your request to open an Account, we will send you one or more Cards which you can use 
to access your Account. You can also access your Account by using checks (“Convenience 
Checks”) that we may send you in response to your request. If your Account is a joint 
Account, each of you may use the credit we provide to you under your Account. Please 
sign the back of the Card immediately upon receipt. You may not use your Card for any 
transaction considered illegal under applicable law. 

5.  YOUR OBLIGATION TO PAY.   You agree to be bound by this Agreement. 
You promise to pay all amounts owed to us under the terms of this Agreement as 
amended from time to time. If your Account is a joint Account, all of you are bound by 
this Agreement and each of you jointly and individually promises to pay all amounts owed 
to us because of Balance Transfers, Purchases or Cash Advances made by a joint Account 
holder. If you or your joint Account holder permits another person to use your Account, 
you promise to pay amounts owed to us because of Balance Transfers, Purchases or Cash 
Advances made by that person. You must pay for Balance Transfers, Purchases or Cash 
Advances made by that person whether or not that person exceeded your permission and 
whether or not you told us that the person was using your Account. If you request that a 
second card be issued to an authorized user, the authorized user will not be considered 
a joint obligor and your Account will not be considered a joint Account. If you allow such 
a second (authorized user) cardholder to use your Account, you will be liable for all their 
transactions on the Account.

6.  YOUR CREDIT LIMIT.   We will grant you credit, up to a maximum amount 
(your “Credit Limit”), for Balance Transfer, Purchases or Cash Advances obtained by using 
your Card. We will charge the Balance Transfer, Purchase or Cash Advances to your Ac-
count. You may not use your Account for a Balance Transfer, Purchase or Cash Advance if 
your total unpaid balance of Balance Transfers, Purchases, Cash Advances, Interest, and 
Fees (listed herein) will exceed your Credit Limit. We may demand immediate payment of 
any amount in excess of your Credit Limit. We print your Credit Limit on the card carrier 

[1]

V1.1-08.12    CARDHOLDER AGREEMENT

721-101  43896

[2]

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
we send with your card and on your Periodic Statement. Unless we inform you otherwise, 
your Cash Advance credit limit will be up to 25% of your total Credit Limit.

7.  YOUR ACCOUNT STATEMENT.   We will send you a Periodic Statement 
for each monthly billing cycle (i) in which the balance of your Account (including unpaid 
Balance Transfers, Purchases, Cash Advances, Interest, and Fees) on the last day of that 
cycle (the “New Balance”) is more than $1 (debit or credit), (ii) in which we impose Inter-
est, (iii) in which we impose a Fee, (iv) in which there is any other activity on your Account, 
or (v) as otherwise required by applicable law. The Periodic Statement shows: (i) the unpaid 
balance of your Account at the beginning of the cycle; (ii) your payments or other credits 
to your Account during the cycle; (iii) your Balance Transfers, Purchases, Cash Advances, 
Interest, Fees, and all other debits to your Account during the cycle; (iv) the New Balance; 
(v) the minimum payment you must make (the “Minimum Payment Due”) and the date that 
it is due (the “Payment Due Date”); and (vi) your Credit Limit. We will send the Periodic 
Statement to the address specified on the application or designated from time to time by 
any one of you. Each of you appoints the other as his or her agent to designate the address 
to which the Periodic Statements and any other notices may be sent by us.

8.  INTEREST.   Interest will be assessed on your Account for each type of balance 
on your Account. The types of balances you may have include Balance Transfers, Purchases 
and Cash Advances. We may from time to time offer special terms which may result in 
additional types of balances. Finance Charges for each type of balance will be calculated 
by multiplying the appropriate Daily Periodic Rate of Interest for the type of balance (see 
paragraphs 9.B and 9.C herein) by the appropriate Average Daily Balance for the type of 
balance (see paragraph 10 herein) and adding any appropriate Cash Advance fee or Balance 
Transfer fee (see paragraphs 10.A and 10.C herein). 

9.  PERIODIC RATE OF INTEREST.  We calculate a Daily Balance for your 
Account.  We may maintain separate balances for your Purchases and special promotional 
Purchase balances (each, a “Balance Type”) and calculate a Daily Balance for each.  To 
determine the Daily Balance for a Balance type, each day we take the beginning balance 
for the Balance Type, add any new charges included in that Balance Type, and subtract any 
payments and credits applied to that Balance Type.  We then multiply the resulting balance 
by the applicable Daily Periodic Rate.  The resulting daily Interest Charge is included in the 
beginning balance of that Balance Type for the next day.  Purchases are included in the 
Daily Balance as of the later of the transaction date or the first day of the billing period in 
which the Purchase is posted to the Account. We figure the Interest Charge on your account 
for each Balance Type by multiplying your Daily Balance of each Balance Type by the ap-
plicable Daily Periodic rate for each day in the billing cycle.  At the end of the billing period, 
we will add up the daily Interest Charges on all Balance Types for each day in the billing 
period to get the total Interest charge for the billing period.   Introductory rates, if any and 
their duration are also set forth in the provided Credit Terms. Penalty rates, if any, are also 
set forth on the Credit Terms

A.  INTRODUCTORY RATE.  If there is an introductory rate set forth on the 
Credit Terms provided, then for the number of billing cycles set forth in the Credit Terms 
from the date your Account is opened (“Introductory Period”), the APR for Balance Transfers 
(“Balance Transfer Rate”), the APR for Purchases (“Purchase Rate”) and the APR for Cash 
Advances (“Cash Advance Rate”) will be fixed at the rate set forth in the Credit Terms 
(“Introductory Rate”). Upon expiration of any Introductory Period, your rate will increase to 
the Balance Transfer Rate, Purchase Rate Cash Advance Rate, or, if triggered, the Penalty 
Rate as set forth in the Credit Terms provided and described herein.

B.  VARIABLE RATE.   If your Account is a variable rate account as indicated on 

the Credit Terms provided, then the Balance Transfer Rate, Purchase Rate, Cash Advance 
Rate and Penalty Rate on your Account may vary from month to month. The Balance 
Transfer Rate, Purchase Rate, Cash Advance Rate  and Penalty Rate will vary based on the 
Prime Rate (as defined herein) plus a stated percentage rate (“Margin”). The “Prime Rate” 
is the highest U.S. rate listed in the “Money Rates” section of The Wall Street Journal on 

the  on the 14th day (or the next business day if the 14th is not a business day) of the 
calendar month preceding the first day of the billing period. If the Prime Rate is no longer 
published, the Bank may choose a similar, alternative published rate. The Bank will 
notify you of such a choice. Different Margins may apply to Balance Transfers, Purchases, 
Cash Advances and to the Penalty Rate. As a result, the Balance Transfer Rate, Purchase 
Rate, Cash Advance Rate and Penalty Rate may differ.  The Credit Terms also sets forth 
the initial Balance Transfer Rate, the initial Purchase Rate and the initial Cash Advance 
Rate that would apply in the absence of an Introductory Rate.  The Margin for Balance 
Transfers, the Margin for Purchases, the Margin for Cash Advances and the Margin for the 
Penalty Rate are shown on a separate table accompanying the Credit Terms provided. You 
agree that, upon notice to you in accordance with paragraph 29 herein, we may increase 
the Margin for Balance Transfers, Margin for Purchases, Margin for Cash Advances and 
the Margin for the Penalty Rate. An increase in the Balance Transfer Rate, Purchase Rate, 
Cash Advance Rate and Penalty Rate may occur if (i) the Prime Rate increases or (ii) if 
we increase the applicable Margin, but no APR will exceed the maximum rate permitted 
by applicable law. If the Prime Rate changes during a calendar month, the Balance 
Transfer Rate, the Purchase Rate, the Cash Advance Rate and the Penalty Rate will 
change on the first day of the billing cycle beginning in the next calendar month. The new 
Balance Transfer Rate (and corresponding APR) will apply to new Balance Transfers and 
to the existing Balance Transfer balance on your Account. The new Purchase Rate (and 
corresponding APR) will apply to new Purchases and to the existing Purchase balance 
on your Account. The new Cash Advance Rate (and corresponding APR) will apply to new 
Cash Advances and to the existing Cash Advance balance on your Account. If your rates 
increase, the amount of Interest and the Minimum Payment Due may increase. 

C. PENALTY RATE.   Your account meets the Penalty APR criteria as specified 
in the Credit Terms provided at the end of a billing cycle, the Penalty Rate may apply to 
the existing balance on your Account and to all new Balance Transfers, Purchases and 
Cash Advances, as permitted by law. Any Penalty Rate will apply in lieu of the Purchase 
Rate, Balance Transfer Rate or the Cash Advance Rate described in paragraphs 10.A and 
10.C herein. The Penalty Rate as set forth on the accompanying Credit Terms may vary 
based on the Index Rate plus a stated percentage rate (“Penalty Margin”). If your Account 
includes a Penalty Rate, the Penalty Rate is shown on the Credit Terms provided or other 
communication we send to you. 

D.  MINIMUM INTEREST CHARGE.   A minimum Interest charge as 
set forth in the Credit Terms will be assessed in any billing cycle in which the “Balance 
Subject to Interest Rate” is greater than zero unless your Account is also subject to a 
Late Payment Fee, as described in paragraph 10.B herein, in the same period.

10.  BALANCE SUBJECT TO INTEREST RATE.   We will compute 
Interest on your Account by (i) multiplying each of the Average Daily Balances for Balance 
Transfers, Purchases and Cash Advances (as defined herein) (including current transac-
tions) by the appropriate Monthly Periodic Rate and (ii) adding the products together. 

 A.  BALANCE TRANSFERS.   We will figure the Interest charge on Balance 
Transfers by applying the Balance Transfer Rate to the “Average Daily Balance for Balance 
Transfers” of your Account. To get the Average Daily Balance for Balance Transfers, we 
take the beginning balance of your Account for Balance Transfers each day, add any new 
Balance Transfers, and subtract any payments or credits, unpaid Finance Changes on 
Balance Transfers or Other Charges. This gives us the daily balance for Balance Transfers. 
Then we add up all the daily balances for Balance Transfers for the billing period and 
divide the total by the number of days in the billing cycle. This gives us the Average Daily 
Balance for Balance Transfers. Interest may begin to accrue on the date the Balance 
Transfer is obtained.

B.  PURCHASES.   We will figure the Interest charge on Purchases by applying 
the Purchase Rate to the “Average Daily Balance for Purchases” of your Account. To get 
the Average Daily Balance for Purchases, we take the beginning balance of your Account 
for Purchases each day, add any new Purchases, and subtract any payments or credits, 

[3]

CARDHOLDER AGREEMENT

721-101  43896

[4]

unpaid Interest on Purchases or Other Charges. This gives us the daily balance for Pur-
chases. Then we add up all the daily balances for Purchases for the billing cycle and divide 
the total by the number of days in the billing cycle. This gives us the Average Daily Balance 
for Purchases. You may have a grace period to repay your balance for Purchases before 
Interest will be imposed (see “Paying Interest” section of your Credit Terms). However, 
you will only be entitled to the Grace Period if your previous balance is (i) zero, (ii) a credit 
balance, or (iii) paid in full by the payment due date shown on your Periodic Statement for 
the previous billing cycle. Otherwise, Interest will accrue on Purchases beginning on the 
date of Purchase.

C.  CASH ADVANCES.   We will figure the Interest on Cash Advances by apply-

ing the Cash Advance Rate to the “Average Daily Balance for Cash Advances” of your Ac-
count. To get the Average Daily Balance for Cash Advances, we take the beginning balance 
of your Account for Cash Advances each day, add any new Cash Advances, and subtract any 
payments or credits, unpaid Interest on Cash Advances or Other Charges. This gives us the 
daily balance for Cash Advances. Then we add up all the daily balances for Cash Advances 
for the billing period and divide the total by the number of days in the billing cycle. This 
gives us the Average Daily Balance for Cash Advances. There is no grace period within 
which you can pay back a Cash Advance and avoid Interest. For Cash Advances obtained by 
means of a Convenience Check, Interest may begin to accrue on the date the Convenience 
Check is presented to us or our agent for payment. For all other Cash Advances, Interest 
may begin to accrue on the date the Cash Advance is obtained.

11.  FEES 

A.  MEMBERSHIP or ANNUAL FEES.   The amount of the annual mem-
bership fee or annual fee, if any, is set forth in the Credit Terms and Fee Schedule provided. 
You agree to pay any such fee upon the issuance of a Card and annually thereafter. We 
will impose the annual membership fee or annual fee on your first Periodic Statement and 
thereafter on the anniversary date of your Account until your Account is terminated or 
cancelled, whether or not you incur any Interest on the Account. The annual membership 
fee or annual fee is not refundable, except as otherwise required by applicable law.

B.  OTHER ADDITIONAL FEES.   You agree that we may impose the 
following additional fees: (i) if we do not receive an amount equal to or greater than your 
Minimum Payment Due by the Payment Due Date shown on your Periodic Statement, a late 
payment fee in the amount set forth on the Credit Terms provided; (ii) if a check or other 
payment instrument you send to us is returned unpaid by your bank or there is insufficient 
credit available on your Account to cover a check issued by you on your Account, a returned 
payment check or returned check fee, respectively, in the amount set forth on the Credit 
Terms provided; (iii) if your Account balance ever exceeds your Credit Limit during a billing 
cycle, an over limit fee in the amount set forth on the Credit Terms provided (if you have 
consented to us allowing you to exceed your credit limit); (iv) a replacement card fee in 
the amount set forth on the Credit Terms provided; (v) an annual second card fee for an 
authorized user on your Account in the amount set forth on the Credit Terms provided; 
(vi) a stop payment fee for each stop payment order or renewal of such an order that you 
request in the amount set forth on the Credit Terms provided; and (vii) if you request that 
we send a card to you through an express delivery service, an express delivery fee up to 
the amount set forth on the Credit Terms provided (the actual amount of such fee, if any, 
to be disclosed at the time you request service). We may make offers to you from time 
to time that may involve a fee. If we do so and you accept our offer, you agree to pay the 
accompanying fee.

C.  CASH ADVANCE FEE.  If you obtain a Cash Advance, we may impose an 
additional Cash Advance fee in the amount set forth in the Credit Terms and Fee Schedule 
provided.

D.  BALANCE TRANSFER FEE.   If you obtain a Balance Transfer, we may 
impose an additional Balance Transfer fee in the amount set forth in the Credit Terms and 
Fee Schedule provided.

E.  COPY FEE.   As permitted by law, we may charge a copy fee for each item 
that you request (for example, an additional copy of a single statement, check, sales 
draft, etc.) in the amount set forth on the Credit Terms provided. We will not charge this 
fee (or we will reverse it) if your request relates to a billing dispute (provided that you 
have followed the procedures for billing disputes described in this Agreement and on the 
reverse of each Periodic Statement).

F.  EXPEDITED PAYMENT SERVICE FEE.   We may offer various ser-
vices from time to time that allow you to make expedited payments on your Account over 
the telephone or through the Internet, for which we may charge a fee. The actual amount 
of the fee, if any, applicable to a telephone or online payment you choose to make will be 
disclosed to you before you authorize the payment(s) to be made.

G.  FOREIGN CURRENCY TRANSACTION FEE.   You may make a 
Purchase or obtain a Cash Advance in (i) a foreign country in U.S. dollars or (ii) involving 
a foreign currency other than U.S. dollars. If you do, we will assess a Foreign Currency 
Transaction Fee equal to 3% of the transaction amount.

12.  WAIVER OF SECURITY INTEREST.  We will neither take nor retain 
a purchase money security interest in any merchandise purchased on your Account. We 
agree that no security interest is or will be retained or acquired under this Agreement in 
any real property which is used or is expected to be used as your principal dwelling. Fur-
ther, we hereby waive any and all such security interests that might arise in connection 
with this Agreement (including mechanics’ liens, material men’s liens and other similar 
liens that may arise by operation of the law). This waiver does not apply to a lien created 
by a court judgment.

13.   COLLECTION COSTS.   If after your default we refer your Account to an 
attorney for collection, we may charge you our collection costs, including court costs and 
reasonable attorneys’ fees, when and as permitted by applicable law.

14.   YOUR PAYMENTS.   Each cycle you must pay the Minimum Payment Due 
shown on your Periodic Statement by the Payment Due Date. If you wish, you may pay 
more than the Minimum Payment Due and we will use the excess to reduce your Account 
balance.

If in a cycle you send us more than the Minimum Payment Due, in the next cycle you 

must still pay at least the Minimum Payment Due. Your Minimum Payment Due is the 
greater of: (1) all accrued and unpaid interest charges, plus all accrued and unpaid fees, 
plus all past due amounts, plus any amount by which your account balance exceeds a 
credit limit, plus one percent (1%) of the remaining new balance of your account; or (2) 
$25.00 (or the entire new balance, if less than $25.00), or (3) 4% of the balance (rounded 
to the next highest whole dollar amount). Unless we receive your Minimum Payment Due 
by the Payment Due Date shown on your Periodic Statement, we may charge your Account 
a late payment fee as specified in paragraph 10.B herein. 

You must make your payment by check, money order, or similar instrument payable 
in U.S. funds and drawn on a financial institution located in the United States. Mail your 
payment to the address shown on your Periodic Statement. Your payment will be credited 
as of the date of receipt by us only if received by the time specified from time to time on 
your Periodic Statement. Any payments received after this time will be deemed received 
by us on the next business day. Payments made at any location other than the address 
shown on your Periodic Statement could be subject to a delay in crediting. With your 
payment, include your payment coupon, which is a portion of your Periodic Statement. If 
you do not include your payment coupon, credit to your Account may be delayed. Delayed 
crediting may cause you to incur a Late Fee or additional Interest. Do not send us cash. 
You may not use a Convenience Check to pay us. Payments will be applied first to the 
balance type with the highest APR, until that balance type has been paid, and then to 
the balance type with the next highest APR until that balance type has been paid, and so 
on until all balance types have been paid. Examples of “balance types” include Balance 

[5]

CARDHOLDER AGREEMENT

721-101  43896

[6]

Transfer, Purchase and Cash Advance balances. If you send us a payment in an amount 
that we consider large under the circumstances, we may temporarily limit your available 
credit to make sure that we will receive the funds. If you have more than one account with 
us or any of our affiliates and you send us a single payment intended to pay more than one 
of your accounts, we may apply your payment to the accounts as we choose. If a payment 
is credited to your Account but is later returned unpaid in a later billing cycle, we will 
recalculate the payment for the billing cycle in which the payment was originally credited, 
which may result in the assessment of additional Interest and fees.

Receipt of your check will constitute your authorization for us, at our option, to initiate 
an Automated Clearinghouse (ACH) debit entry to your checking account for the amount of 
the check as an alternative to the paper-based check clearing system.

You agree not to send us payments marked “paid in full,” “without recourse,” or with 

similar language. If you send such a payment, we may accept it without losing any of 
our rights under this Agreement. All written communications concerning disputed 
amounts, including any check or other payment instrument that indicates that the 
payment constitutes “payment in full” of the amount owed or that is tendered with 
other conditions or limitations or as full satisfaction of a disputed amount, must be 
mailed or delivered to Card Assets LLC, P.O. Box 723847 Atlanta, GA 31139-0847. 
No payment will operate as an accord and satisfaction without the prior written 
consent of a senior bank officer or Bank representative or authorized agent.

15.   CASH ADVANCES and CASH EQUIVALENT 
TRANSACTIONS.   You may obtain a Cash Advance by either presenting your Card 
at a participating bank, or using your Card at a PLUS® or CIRRUS® terminal or other 
compatible automated teller machine (“ATM”) terminal. Your daily Cash Advances may not 
exceed the least of the local ATM limit (if any), the withdrawal and dollar limits described 
herein in this paragraph, or your Credit Limit.  You may obtain a Cash Advance by using 
your Card at any PLUS® or CIRRUS® ATM or other compatible ATM, provided it is used 
with your correct Personal Identification Number (“PIN”) issued to you. You must comply 
with the terms and conditions of the ATM network that you use. We may terminate or block 
your ability to obtain Cash Advances at ATMs if we reasonably believe that there is unusual 
activity on the Account or if you are in default under this Agreement. Cash Equivalent 
Transactions include the purchase of travelers checks, money orders, wire transfers, lottery 
tickets, race track wagers or similar betting transactions, foreign currency purchases and 
making payments using a third party service.

16.   FOREIGN CURRENCY TRANSACTIONS.   You may make a 
Purchase or obtain a Cash Advance in (i) a foreign country in U.S. Dollars or (ii) a currency 
other than U.S. dollars. If you do, the transaction will be converted into U.S. dollars, gener-
ally using either (1) a government mandated rate or (2) a wholesale market exchange rate 
in effect when the transaction is processed, (“Exchange Rate”). The conversion rate they 
use may differ from the published rate in effect on the day that you made the transaction or 
it was posted to your Account. You agree to pay us the amount as converted to U.S. dollars. 
If you later receive a refund for a transaction, the amount of the refund will be converted at 
the Exchange Rate in effect when the refund is processed, which may be different from the 
Exchange Rate for the original transaction.

17.   AUTHORIZATION OF TRANSACTIONS.   We are not responsible (i) 
if a merchant or financial institution does not honor your Card or (ii) for goods or services 
you purchase by using your Account, except to the extent required by applicable law. Al-
though you may have credit available, we may be unable to authorize credit for a particular 
transaction because of operational difficulties or mistakes. The number of transactions you 
may make in one day may be limited since we may limit the number of authorizations which 
may be given. We reserve the right to limit the amount and number of transactions we will 
authorize per day. From time to time, the number or amount of allowable authorizations per 
day may vary. These restrictions are for security reasons. As a result, we cannot explain 
the details of how this system works. Neither we nor our agents will be responsible if 

authorization for a particular transaction is not given. If you exceed your Credit Limit, or if 
your Account is past due, authorization for transactions may be declined.

18.   LIABILITY FOR UNAUTHORIZED USE.   You may be liable for the 
unauthorized use of your Card(s) or PIN(s). You agree promptly to notify us if your Card(s) 
or PIN(s) is/are lost or stolen or of possible unauthorized use of your Card(s) or PIN(s) by 
calling us at 1-800-854-7642. You will not be liable for unauthorized use that occurs af-
ter you notify us of the loss, theft, or possible unauthorized use of your Card(s) or PIN(s) 
and in any case, your liability for unauthorized use will not exceed $50 (in NY, you will 
have no liability for unauthorized use of the Card(s) or PIN(s) prior to the Effective Date). 
You agree that unauthorized use does not include use by a person to whom you have given 
authority to use the Account or Card(s) or PIN(s) and that you will be liable for all use by 
such a person. To terminate that authority, you must call us at 1-800-854-7642.

19.   ASSIGNMENT.   Your Account, Card(s), this Agreement and your obligations 
hereunder are not transferable or assignable by you. If we wish, we may transfer or assign 
this Agreement, your Account, or your Account balance to any other person, with or 
without advance notice to you.

20.   CLOSING YOUR ACCOUNT.   You can close your Account to further 
transactions at any time by calling us or writing us at the telephone number or address 
shown on your Periodic Statement. Your Account will be closed to further transactions 
immediately after we receive your notice. We may not honor any Purchase, Balance 
Transfer, or Cash Advance that we receive after we receive your notice. If you close your 
Account, you must immediately stop using your Account. YOU MUST PAY THE ENTIRE 
BALANCE AMOUNT YOU OWE US, INCLUDING AMOUNTS OWED BUT NOT YET 
BILLED TO YOU. Until you pay us in full, Interest will continue to accrue and we may 
report the amount you owe us.

We have the right to suspend or close your Account at any time, without advance 
notice or demand to you (unless otherwise required by applicable law), for any reason we 
deem appropriate, including if you are in default under this Agreement.

Unless otherwise prohibited by applicable law, we may at our option declare you to be 

in default under this Agreement if:

(1)   You fail to pay the Minimum Payment Due by the Payment Due Date shown on 

your Periodic Statement;

(2)  You die or become bankrupt, insolvent, or incompetent;
(3)   There is an attachment, execution, levy, or garnishment against you, your wages, 

or your property, or such proceedings are commenced against you;
(4)  You provide information to us that is false, misleading, or incomplete;
(5)  You exceed your Credit Limit;
(6)  You violate any provision of this Agreement;
(7)  You are in default under any other loan or security agreement you have with us;
(8)   You change your address or residence to, or you live in, a jurisdiction in which we 

do not, or no longer, offer Cards; 

(9)   You change your residence or address to, or you live in, a location outside the 

United States;

(10)  You fail to pay any amount due to another creditor; or
(11)   We believe in good faith that you may not pay or perform your obligations under 

this Agreement.

If we close your Account to further transactions, unless otherwise prohibited by law, 
you must immediately pay the entire amount you owe us, including amounts owed but not 
yet billed to you. Until you pay us in full, Interest will continue to accrue on the amount 
you owe us.

21.   OTHER SERVICES.   From time to time, third parties may offer you 
additional services. These services may include credit card registration, emergency cash 
service, address change service, and other related services. These services are the sole 
responsibility of the third parties; we are not liable for these services. You agree to hold us 

[7]

CARDHOLDER AGREEMENT

721-101  43896

[8]

harmless to the fullest extent possible from any claims resulting from your purchase or use 
of these services, unless otherwise prohibited by applicable law. If you elect to purchase any 
of these services, you authorize us to charge the premium or fee to your Account.

22.   SPECIAL PROGRAMS.   From time to time we may offer Special Programs 
for your Account. The standard provisions of this Agreement (including Interest and Fees) 
apply to any Special Program unless inconsistent with a particular Special Program 
offering. If you use your Account in accordance with the terms of a Special Program, you 
acknowledge and agree to the terms of the Special Program offering. No formal modifica-
tion or amendment of this Agreement will be necessary. The standard provisions of this 
Agreement will continue to apply to any and all transactions that are not subject to a 
Special Program.

23.   CREDIT REPORTS AND ACCOUNT INFORMATION.   You give 
us permission to request information from you and to make whatever inquiries we consider 
necessary and appropriate (including requesting a consumer report from consumer credit 
reporting agencies) in considering your Application and for any lawful purpose, including 
any updates, renewals or extensions of credit or reviewing or collecting your Account. Upon 
your request to us at Card Assets LLC, P.O. Box 723847 Atlanta, GA 31139-0847, we will 
inform you of the name and address of each consumer credit reporting agency from which 
we obtained a consumer report, if any, relating to you. We may also obtain information 
about your credit worthiness and employment from others and may furnish informa-
tion concerning your Account as well as information concerning you to consumer credit 
reporting agencies and to other proper parties.  We may report information about your 
account to credit bureaus.  Late payments, missed payments or other defaults on 
your account may be reflected in your credit report.  

24.   NOTICE OF INACCURATE INFORMATION.   If you believe that we 
have information about you that is inaccurate or that we have reported or may report to a 
credit reporting agency information about you that is inaccurate, please notify us of the 
specific information that you believe is inaccurate by writing to us at Card Assets LLC, P.O. 
Box 723847 Atlanta, GA 31139-0847.

25.   SHARING INFORMATION WITH AFFILIATES AND OTHERS.   
As permitted by applicable law, we may share with third parties information about our expe-
riences or transactions with you. We also may share additional information with companies 
related to us by common ownership or affiliated with us by corporate control (“affiliates”).  
All such sharing will be in accordance with our then current Privacy Notice.   

26.  TELEPHONE MONITORING AND RECORDING:  From time to 
time, we may monitor and/or record telephone calls regarding your Account with us to as-
sure the quality of our service, and you agree to any such monitoring or recording. We treat 
all customer calls as confidential.

27.  COMMUNICATING WITH YOU, CONSENT TO CONTACT 
BY ELECTRONIC AND OTHER MEANS:  You agree that we may contact 
you as provided in this paragraph.  We may contact you for any lawful reason, including 
for the collection of amounts owed to us and for the offering of products or services in 
compliance with our Privacy Notice in effect from time to time. No such contact will be 
deemed unsolicited.  We may contact you at any address or telephone number (including 
wireless cellular telephone or ported landline telephone number) that you may provide to 
us from time to time.  We may use any means of communication, including, but not limited 
to, postal mail, electronic mail, telephone or other technology, to reach you.  You agree that 
we may use automatic dialing and announcing devices which may play recorded messages.  
We may also send text messages to your telephone.  You may contact us at any time to ask 
that we not contact you using any one or more methods or technologies.   

28.   GOVERNING LAW.  This Agreement and your Account are governed 
by the federal laws of the United States and, to the extent not preempted by 
federal law the laws of the State of Arkansas (without regard to its internal 
principles of conflict of laws), whether or not you live in Arkansas and whether 
or not you use your Card(s) in Arkansas. This Agreement is entered into between 
you and us in Arkansas and we extend credit to you from Arkansas.  All pay-
ments under this agreement are received by the remittance processing center 
designated by us.

29.   CHANGING TERMS.   We can change, add to, delete or otherwise modify 
the terms of this Agreement at any time, beginning twelve (12) months after Account 
opening, in any way permitted by law.   We will send you a notice of change at least 45 
days (or as otherwise required by applicable law) before the effective date of the change. 
We do not have to send you an advance notice of the change if it favors you, such as 
by reducing Interest rates, or increasing the maximum credit limit.  Except in cases 
where we are changing terms because we have not yet received your Minimum Payment 
Due within 60 days of the Payment Due Date, you agree that the change may cover all 
transactions made 15 days after we mail the notice. If you do not agree to the change, a 
method for rejecting the change and closing the account will be provided in the Change of 
Terms Notice.  You agree that if you  use your card after the effective date of the change, 
this will constitute your agreement to the change

30.    YOUR BILLING RIGHTS: KEEP THIS DOCUMENT FOR 
FUTURE USE
This notice tells you about your rights and our responsibilities under the Fair 
Credit Billing Act.

What To Do If You Find a Mistake on Your Statement
If you think there is an error on your statement, write to us at: Card Assets LLC, P.O. Box 
723847 Atlanta, GA 31139-0847. You may also contact us on the web at: 
www.24-7cardaccess.com.
In your letter, give us the following information:

•  Account information: Your name and account number.
•  Dollar amount: The dollar amount of the suspected error.
•   Description of problem: If you think there is an error on your bill, describe what you 

believe is wrong and why you believe it is a mistake.

You must contact us:

•   Within 60 days after the error appeared on your statement.
•   At least 3 business days before an automated payment is scheduled, if you want to 

stop payment on the amount you think is wrong.

You must notify us of any potential errors in writing. You may call us, but if you do we are 
not required to investigate any potential errors and you may have to pay the amount in 
question.

What Will Happen After We Receive Your Letter
When we receive your letter, we must do two things:

1.  Within 30 days of receiving your letter, we must tell you that we received your 

letter. We will also tell you if we have already corrected the error.

2.  Within 90 days of receiving your letter, we must either correct the error or explain 

to you why we believe the bill is correct.

While we investigate whether or not there has been an error:

•   We cannot try to collect the amount in question, or report you as delinquent on 

that amount.

•   The charge in question may remain on your statement, and we may continue to 

charge you interest on that amount.

•   While you do not have to pay the amount in question, you are responsible for the 

remainder of your balance.

•   We can apply any unpaid amount against your credit limit.

[9]

CARDHOLDER AGREEMENT

721-101  43896

[10]

After we finish our investigation, one of two things will happen:

•   If we made a mistake: You will not have to pay the amount in question or any interest 

or other fees related to that amount.

•   If we do not believe there was a mistake: You will have to pay the amount in ques-
tion, along with applicable interest and fees. We will send you a statement of the 
amount you owe and the date payment is due. We may then report you as delinquent 
if you do not pay the amount we think you owe.

If you receive our explanation but still believe your bill is wrong, you must write to us 
within 10 days telling us that you still refuse to pay. If you do so, we cannot report you as 
delinquent without also reporting that you are questioning your bill. We must tell you the 
name of anyone to whom we reported you as delinquent, and we must let those organiza-
tions know when the matter has been settled between us.
If we do not follow all of the rules above, you do not have to pay the first $50 of the amount 
you question even if your bill is correct.

Your Rights If You Are Dissatisfied With Your Credit Card Purchases
If you are dissatisfied with the goods or services that you have purchased with your credit 
card, and you have tried in good faith to correct the problem with the merchant, you may 
have the right not to pay the remaining amount due on the purchase.
To use this right, all of the following must be true:

1.  The purchase must have been made in your home state or within 100 miles of 

your current mailing address, and the purchase price must have been more than 
$50. (Note: Neither of these are necessary if your purchase was based on an 
advertisement we mailed to you, or if we own the company that sold you the goods 
or services.)

2.  You must have used your credit card for the purchase. Purchases made with cash 

advances from an ATM or with a check that accesses your credit card account do not 
qualify.

3.  You must not yet have fully paid for the purchase.

If all of the criteria above are met and you are still dissatisfied with the purchase, contact 
us in writing [or electronically] at: Card Assets LLC, P.O. Box 723847 Atlanta, GA 31139-
0847. You may also contact us on the web: www.24-7cardaccess.com.
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.

31.   NO WAIVER BY US.  We may choose to delay enforcing or waive any of our 
rights under this Agreement in certain situations. We can delay enforcing or waive any of 
our rights without affecting our other rights. If we waive a right, we do not thereby waive 
the same right in other situations. 

32.   SEVERABILITY.   If any provision of this Agreement is finally determined to 
be unenforceable under any law, rule, or regulations, all other provisions of this Agreement 
are still valid and enforceable.

33.   ENTIRE AGREEMENT.   The Cardholder Documents constitute the entire 
Agreement between you and us relating to your Account and supersede any other prior 
or contemporaneous agreement between you and us relating to your Account. Except as 
otherwise expressly provided, if there is any conflict among these documents, the terms of 
this Agreement control. 

34.  ARBITRATION AGREEMENT.  (Agreement to Arbitrate). Arbitration is 
a method of deciding disputes outside the court system. This Arbitration Provision (the 
“Provision”) governs when and how any disputes you and we may have will be arbitrated 
instead of decided in court.

CERTAIN DEFINITIONS   Certain words used in this Provision have special meanings:
“WE,” “US,“and “OUR“ means First Arkansas Bank & Trust (“Bank”) and our 
affiliates, successors and assigns and also include: (1) any prior issuer of a credit account 

that we have acquired; (2) any company to which we transfer our rights under this “Agree-
ment; and (3) all of the employees or other individuals who manage these companies. 
Finally, if either you or we elect to arbitrate any Claim you bring against us, these terms 
include any other persons or companies whom you make Claims against in the same 
proceeding.

“CLAIM“ means any dispute between you and us that arises as a result of or has 
anything at all to do with: (1) your Account; (2) the events leading up to your becoming 
an accountholder; (3) this Agreement; (4) any prior credit account or agreement relating 
to such account; or (5) your relationship with us. This includes disputes relating to any 
products, insurance, or other services offered to you as an accountholder. This includes 
disputes about whether this Provision is valid or binding or about whether or when it 
applies. It includes disputes relating to constitutional provisions; statutes; ordinances; 
regulations; case law; compliance with the Agreement or any agreement related to any 
prior credit account; and wrongful acts of every type (whether intentional; fraudulent; 
reckless; or just negligent). It includes requests for money, for orders requiring you or us 
to take certain actions (which are sometimes referred to as “injunctive relief”), and for 
any other kind of relief. This Provision applies to Claims that arise prior to, on, or after 
the effective date of this Provision.

“ADMINISTRATOR“ means the American Arbitration Association or JAMS. These 
companies administer arbitration proceedings. The arbitrator will be selected under the 
Administrator’s Rules. You can select the Administrator if you give us written notice of 
your selection with your notice that you are electing to arbitrate any Claim or within 20 
days after we give you notice that we are electing to arbitrate any Claim. If you do not 
select the Administrator on time, we will select one. If for any reason the Administrator 
you or we select is unable or unwilling to serve or continue to serve as Administrator, you 
will have 20 days to select a different Administrator.

STARTING ARBITRATION   You or we can give written notice of an intention to begin 

arbitration of a Claim or Claims or to require arbitration of the other party’s Claim or 
Claims. This notice can be given by one party even if the other party has begun a lawsuit. 
If such a notice is given, any Claim will be resolved by arbitration under this Provision 
and the Administrator’s Rules that are in effect at the time the Claim is filed with the 
Administrator. The arbitrator must be a lawyer with more than 10 years experience or a 
retired judge. A copy of the Claim form may be obtained from the Administrator or from 
us. A party who has asserted a Claim in a lawsuit may still elect arbitration with respect 
to any Claim that is later asserted in the same lawsuit by any other party. All doubts 
about whether to arbitrate a Claim shall be resolved in favor of arbitration. We will not 
elect to arbitrate an individual Claim that you bring against us in “small claims” court. 
However, we may elect to arbitrate a “small claims” court Claim that is later sent or 
appealed to any different court.

IMPORTANT LIMITATIONS    IF YOU OR WE ELECT TO ARBITRATE A CLAIM, YOU WILL 

NOT HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR HAVE A JURY DECIDE THE 
CLAIM. ALSO, YOUR ABILITY TO OBTAIN INFORMATION FROM US AND TO APPEAL IS MORE 
LIMITED IN ARBITRATION THAN IN A LAW-SUIT. OTHER RIGHTS THAT YOU WOULD HAVE IF 
YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION. THE FEES CHARGED 
BY THE ADMINISTRATOR MAY BE HIGHER THAN THE FEES CHARGED BY A COURT. THE 
SAME LIMITATIONS ALSO APPLY TO US. IN ADDITION, IF YOU OR WE ELECT TO ARBITRATE A 
CLAIM: (1) NEITHER YOU NOR ANYONE ELSE ON YOUR BEHALF CAN PURSUE THAT CLAIM IN 
COURT IN A CLASS OR REPRESENTATIVE ACTION (SUCH AS A PRIVATE ATTORNEY GENERAL 
ACTION); (2) NEITHER YOU NOR ANYONE ELSE ON YOUR BEHALF CAN PURSUE THAT CLAIM 
IN THE ARBITRATION ON A CLASS-WIDE OR REPRESENTATIVE (SUCH AS A PRIVATE ATTOR-
NEY GENERAL) BASIS; AND (3) CLAIMS BROUGHT BY OR AGAINST ONE ACCOUNTHOLDER 
(OR JOINT ACCOUNTHOLDERS) MAY NOT BE BROUGHT TOGETHER WITH CLAIMS BROUGHT 
BY OR AGAINST ANY OTHER ACCOUNTHOLDER.

ARBITRATION and COSTS   Any arbitration hearing that you attend will take place 
in the federal judicial district where you live. If you cannot afford to pay the fees charged 
by the Administrator and the arbitrator or if you believe that such fees are too high, we 
will consider any reasonable written request by you for us to pay the fees. We will pay any 
fees or expenses we are required to pay by law. You will never be required to pay us any 

[11]

CARDHOLDER AGREEMENT

721-101  43896

[12]

35.  STATE LAW NOTICES:

CALIFORNIA RESIDENTS:  Interest is compounded on unpaid finance 

charges on Purchases and on unpaid finance charges on Cash Advances.

DELAWARE and MARYLAND RESIDENTS:  Finance charges will be 
imposed in amounts or at rates not in excess of those permitted by law on the outstand-
ing balances from month to month.

MARYLAND RESIDENTS:  You have the right under Section 12-510 of the 
Commercial Law Code to receive an answer to a written inquiry concerning the status of 
your account.

NEW JERSEY RESIDENTS:  Because certain provisions of this Agreement 
are subject to applicable law, they may be void, unenforceable or inapplicable in some 
jurisdictions.  None of these provisions, however, is void, unenforceable or inapplicable 
in New Jersey. 

NEW YORK RESIDENTS:  Call the New York State Banking Department at 

(880) 518-8866 for a comparative list of credit card rates, fees and grace periods.

OHIO RESIDENTS:  The Ohio laws against discrimination require that all 
creditors make credit equally available to all credit worthy customers, and that credit 
reporting agencies maintain separate histories on each individual upon request.  The Ohio 
civil rights commission administers compliance with this law.

WISCONSIN RESIDENTS:  We will not charge you attorneys’ fees, court 

costs, or other collection costs incurred as a result of your default.

MARRIED WISCONSIN RESIDENTS:  No provisions of any marital 
property agreement, unilateral statement under section 766.59 or court decree under sec-
tion 66.70 will adversely affect the interest of the creditor unless the creditor, prior to the 
time credit is granted, is furnished a copy of the agreement, statement, or decree or has 
actual knowledge of the adverse position when the obligation to the creditor is incurred.  
We are required to ask you to provide the name and address of your spouse.

NOTICE TO THE BUYER
1.  DO NOT SIGN THIS CREDIT AGREEMENT BEFORE YOU READ IT OR IF IT CONTAINS 

ANY BLANK SPACES.

2.  YOU ARE ENTITLED TO A COMPLETELY FILLED IN COPY OF THIS CREDIT 

AGREEMENT.

3.  YOU MAY AT ANY TIME PAY MORE THAN THE MINIMUM PAYMENT OR YOUR 

ENTIRE BALANCE IN FULL WITHOUT INCURRING ANY ADDITIONAL CHARGE FOR 
PREPAYMENT.

NEW YORK RESIDENTS:  RETAIL INSTALMENT CREDIT AGREEMENT

CARDHOLDER: Your signature (including any electronic or digital signature) on 
any Application or on any sales slip or other evidence of indebtedness on your Account 
represents your signature on this Agreement.

fees we have previously paid to the Administrator. Each party must bear the expense of that 
party’s attorneys, experts, and witnesses, regardless of who wins the arbitration, except to 
the extent that applicable law or the Administrator’s Rules provide otherwise.

GOVERNING LAW   This Agreement involves interstate commerce and this Provision 
is governed by the Federal Arbitration Act (“FAA”), United States Code, Title 9, Sections 1 
and following. The arbitrator must follow: (1) the FAA; (2) the substantive law, consistent 
with the FAA, related to any Claim; (3) statutes of limitations; and (4) claims of privilege 
recognized at law. Upon the timely request of either party, the arbitrator must provide a 
brief written explanation of the basis for the award. The arbitrator will determine the rules 
of procedure and evidence to apply, consistent with the FAA, the Administrator’s Rules, and 
this Provision. The arbitrator shall not apply federal, state, or local rules of procedure and 
evidence or state or local laws concerning arbitration proceedings.

OBTAINING INFORMATION   After an arbitration proceeding has been started, in 
addition to a party’s right to obtain information from the other party under the Administra-
tor’s Rules, either party may request the arbitrator in writing to allow that party to obtain 
more information from the other party. A copy of such request must be provided to the 
other party. That party will then have the chance to object in writing within 30 days. The 
objection must be sent to the arbitrator and the other party. The arbitrator will decide the 
issue, in his or her sole discretion, within 20 days after any objection to providing expanded 
information is submitted.

EFFECT of ARBITRATION AWARD   Any appropriate court may enter judgment upon 

the arbitrator’s award. The arbitrator’s decision will be final and binding, except for any 
appeal right under the FAA and except for Claims involving more than $100,000. For these 
large Claims, any party may appeal the award to a three-arbitrator panel appointed by the 
Administrator. That panel will consider all over again any part of the initial award that any 
party asserts was incorrectly decided. The decision of the panel will be by majority vote 
and will be final and binding, except for any appeal right under the FAA. Unless applicable 
law provides otherwise, the fees charged by the Administrator and the arbitrators for such 
an appeal will be paid by the appealing party, regardless of who wins the appeal. However, 
we will consider any reasonable written request by you for us to pay such fees. All other 
provisions of this Provision shall apply to any appeal to a three-arbitrator panel, and any 
reference in this Provision to a single arbitrator shall apply to the three-arbitrator panel.

CONTINUING EFFECT of ARBITRATION AWARD   This Provision will remain in force 
no matter what happens to you or your Account. For example, it will remain in force even 
if: (1) your credit privileges are ended or put on hold; (2) you close your Account; (3) you 
repay your entire Account balance; (4) we begin a lawsuit to collect amounts we think you 
owe; or (5) you become bankrupt or insolvent or a bankruptcy or insolvency proceeding 
is begun, to the extent consistent with applicable bankruptcy law. If any portion of this 
Provision cannot be enforced for any reason, the rest of this Provision will continue to 
apply. In the event of any conflict or inconsistency between this Provision, on the one hand, 
and the Administrator’s Rules or other provisions of this Agreement, on the other hand, this 
Provision will govern.

CONTACTING ARBITRATION ADMINISTRATORS    If you have a question about the 
arbitration companies who may serve as Administrator, would like to obtain a copy of their 
arbitration rules or fee schedules, or would like a Claim form, you can contact them as 
follows: American Arbitration Association, 335 Madison Avenue, New York, NY 10017 
 www.adr.org, request the Arbitration Rules for the Resolution of Consumer-Related 
Disputes (for Claims under $10,000) or Commercial Arbitration Rules (for all other Claims); 
JAMS, 45 Broadway, 28th floor, New York, NY 10006, www.jamsadr.com, request the 
Financial Services Arbitration Rules and Procedures.

OPT OUT   You may choose to opt out of and not be subject to this Arbitration Provision 

but only by following the process set forth below.  If you do not wish to be subject to this 
Arbitration Provision, then you must notify us in writing within forty-five (45) calendar days 
of the date of this Agreement at the following address, Card Assets LLC, P.O. Box 723847 
Atlanta, GA 31139-0847. Your written notice must include your name, address, social 
security number, and account number, and a statement that you wish to opt out of this 
Arbitration Provision.  Your notice to opt out will only apply to this particular Agreement 
with us and not to subsequent or previous agreements.

[13]

CARDHOLDER AGREEMENT

721-101  43896

[14]

Privacy Policy

FACTS: WHAT DOES FAB&T DO WITH YOUR FINANCIAL 
INFORMATION?

Why?    Financial companies choose how they share your personal information. 
Federal law gives consumers the right to limit some but not all sharing. Federal law also 
requires us to tell you how we collect, share, and protect your personal information. 
Please read this notice carefully to understand what we do.

What?    The types of personal information we collect and share depend on the product 
or service you have with us. The information can include:

•  Social Security number and income
•  Account balances and payment history
•  Credit history and credit scores

How?    All financial companies need to share customer’s personal information to run 
their everyday business. In the section below, we list the reasons financial companies can 
share their customer’s personal information; the reasons FAB&T chooses to share; and 
whether you can limit this sharing.

Who We Are 
Who is providing this notice?    First Arkansas Bank & Trust (FAB&T) 

What We Do 

How does FAB&T protect my personal information?
To protect your personal information from unauthorized access and use, we use security
measures that comply with federal law. These measures include computer safeguards and 
secured files and buildings.

How does FAB&T collect my personal information?
We collect your personal information, for example, when you:
      • Open an account or deposit money
      • Pay your bills or apply for a loan
      • Use your debit card

Why can’t I limit all sharing?    Federal law gives you the right to limit only:
      • Sharing for affiliates’ everyday business purposes – information about
          your creditworthiness
      • Affiliates from using your information to market to you
      • Sharing for non-affiliates to market to you
State laws and individual companies may give you additional rights to limit sharing.

What happens when I limit sharing for an account I hold jointly with someone 
else?    Your choices will apply individually.

Definitions 

Affiliates    Companies related by common ownership or control. They can be financial and 
non-financial companies. First Arkansas Bank & Trust (FAB&T) does not have any 
affiliates.

Non-affiliates    Companies not related by common ownership or control. They can be 
financial and non-financial companies: FAB&T does not share information with non-
affiliates.

Joint marketing    A formal agreement between non-affiliated financial companies that 
together market financial products or services to you: FAB&T does not engage in joint 
marketing with non-affiliates.

Other important information 
Our Online Banking service utilizes a comprehensive security strategy to protect your 
accounts and transactions conducted over the internet. During your use of the service, our 
Online Banking service provider may pass an encrypted cookie to your computer in order 
to identify your computer during the session. Users must accept this cookie to use the 
service. This cookie does not contain any personal information and is only used to provide 
an additional level of security for the Online Banking service. The cookie is removed when 
the browser is closed.

Reasons we can share your 
personal information 

Does FAB&T 
share?

Can you limit 
this sharing? 

For our everyday business purposes —
Such as to process your transactions, maintain 
your account(s), respond to court orders and 
legal investigations, or report to credit bureaus

For our marketing purposes —
To offer our products and services to you

For joint marketing with other financial 
companies

For our affiliates’ everyday business pur-
poses — Information about your transactions 
and experiences

For our affiliates’ everyday business 
purposes — Information about your credit-
worthiness

For non-affiliates to market to you

Yes

Yes

No

No

No

No

No

No

We do not 
share

We do not 
share

We do not 
share

We do not 
share

[15]

CARDHOLDER AGREEMENT

721-101  43896

[16]

 
 
 
 
 
 
To limit our sharing:
Call us at 800.982.4511 – our menu will prompt you through your options. 
Please note: If you are a new customer, we can begin sharing your information 30 days 
from the date we sent this notice. When you are no longer our customer, we can continue 
to share your information as described in this notice. However, you can contact us at any 
time to limit our sharing.

Questions? Call us at 800.982.4511
or go to www.firstarkansasbank.com

[17]

CARDHOLDER AGREEMENT

721-101  43896

[18]

CONTACT US:

Card Assets LLC
P.O. Box 723847
Atlanta, GA 31139-0847
1-800-854-7642
www.24-7cardaccess.com

Variable Rate:  Your APRs will vary with the market based on the Prime Rate.  The 
Prime Rate is the highest bank prime loan rate as published by the Wall Street Journal in 
its Money Rates Section on the 14th day (or the next business day if the 14th is not a busi-
ness day) of the calendar month preceding the first day of the billing period.  If the Periodic 
Rate(s) and corresponding Annual Percentage Rate(s) increase, your interest charges will 
increase and your minimum payment may be greater.   

Penalty Rate:  If you fail to make your required minimum payment on your Account 
by the due date [two or more times in any six-month period], all rates may increase to the 
Penalty Rate.  Rates may increase as early as the beginning of the billing period in which 
the condition occurred, but no later than the following two billing periods.  The Penalty APR 
will cease to apply if you pay all past due amounts and any fees and you pay your minimum 
monthly payment on time for six consecutive months.  

Application of Payments:  We will apply all payments to the account in ac-
cordance with any applicable law.  Any payment amount in excess of the required minimum 
payment will be applied to the outstanding balances based on the APR applicable to that 
balance.  We will apply payments according to the APR from highest to lowest.

Minimum Payment: The greater of 4% of the outstanding balance or $25.00.

Cash Equivalent Transactions:  Cash equivalent transactions are those 
transactions performed using a merchant or service provider that MasterCard/VISA identi-
fies as a seller of traveler’s cheques, foreign currencies, money orders, wire transfers, 
lottery tickets, funds used for wagers or gambling or similar products and services.

Other Fees:  
Replacement Card ....................................................... $35.00 (includes delivery)
Copy of Sales Voucher ................................................. $7.50
Additional Copy of Paper Statement ............................. $7.50
Annual Second Card Fee .............................................. $0.00

W029

CONSUMER PLATINUM

Credit Terms
and Fees

Variable Rate:  Your APRs will vary with the market based on the Prime Rate.  The 
Prime Rate is the highest bank prime loan rate as published by the Wall Street Journal in 
its Money Rates Section on the 14th day (or the next business day if the 14th is not a busi-
ness day) of the calendar month preceding the first day of the billing period.  If the Periodic 
Rate(s) and corresponding Annual Percentage Rate(s) increase, your interest charges will 
increase and your minimum payment may be greater.   

Penalty Rate:  If you fail to make your required minimum payment on your Account 
by the due date [two or more times in any six-month period], all rates may increase to the 
Penalty Rate.  Rates may increase as early as the beginning of the billing period in which 
the condition occurred, but no later than the following two billing periods.  The Penalty APR 
will cease to apply if you pay all past due amounts and any fees and you pay your minimum 
monthly payment on time for six consecutive months.  

Application of Payments:  We will apply all payments to the account in ac-
cordance with any applicable law.  Any payment amount in excess of the required minimum 
payment will be applied to the outstanding balances based on the APR applicable to that 
balance.  We will apply payments according to the APR from highest to lowest.

Minimum Payment: The greater of 4% of the outstanding balance or $25.00.

Cash Equivalent Transactions:  Cash equivalent transactions are those 
transactions performed using a merchant or service provider that MasterCard/VISA identi-
fies as a seller of traveler’s cheques, foreign currencies, money orders, wire transfers, 
lottery tickets, funds used for wagers or gambling or similar products and services.

Other Fees:  
Replacement Card ....................................................... $35.00 (includes delivery)
Copy of Sales Voucher ................................................. $7.50
Additional Copy of Paper Statement ............................. $7.50
Annual Second Card Fee .............................................. $0.00

W029

CONSUMER PLATINUM

Credit Terms
and Fees

CONTACT US:

Card Assets
P.O. Box 723847
Atlanta, GA  31139-0847
1-800-854-7642
www.24-7cardaccess.com

CONTACT US:

Card Assets
P.O. Box 723847
Atlanta, GA  31139-0847
1-800-854-7642
www.24-7cardaccess.com

CARDHOLDER AGREEMENT: CARD TERMS AND FEES

CARDHOLDER AGREEMENT: CARD TERMS AND FEES

Privacy Policy to be included as part of 
the Cardholder Agreement.

Privacy Policy to be included as part of 
the Cardholder Agreement.

Summary of Credit Terms

Effective
6/1/2011

Fees

Summary of Credit Terms

Effective
6/1/2011

Fees

Interest Rates and Interest Charges
Please read carefully and review the pricing & terms.

Annual Fees:
   • Annual Fee
   • Rewards Fee 

   •  None
   •  None

Interest Rates and Interest Charges
Please read carefully and review the pricing & terms.

Annual Fees:
   • Annual Fee
   • Rewards Fee 

   •  None
   •  None

Annual 
Percentage 
Rate (APR) for 
Purchases   

Balance 
Transfers APR

Cash Advances 
and Cash 
Equivalent 
Transaction APR 

Penalty APR and 
When it Applies

How to Avoid 
Paying Interest 
on Purchases

13.99%. This APR will vary with the market 
based on the Prime Rate.    

2.99% introductory APR for 6 months. After that, 
your APR will be 13.99%. This APR will vary with 
the market based on the Prime Rate.

17.49%. This APR will vary with the market 
based on the Prime Rate.

21.99%. This APR will vary with the market 
based on the Prime Rate.
This APR may be applied to your account if you:
(1)  Make a late payment
(2)  Make a payment that is returned
(3)   Do any of the above on any other account 

held with us

How Long Will the Penalty APR Apply? 
The penalty rate may be applied to your account 
until we receive six (6) consecutive payments, 
with each payment being received by the required 
payment date.

Your due date is at least 25 days after the close 
of each billing period.  We will not charge you 
periodic interest on new purchases, or any portion 
of a new purchase, paid by the due date on your 
current billing statement if your entire balance on 
your previous billing statement is paid in full by 
the due date on that statement. There is no time 
period in which to avoid periodic interest on cash 
advances or balance transfers.

Minimum 
Interest Charge 

If you are charged interest, the charge will be no 
less than $1.00.

For Credit Card 
Tips from the 
Consumer 
Financial 
Protection 
Bureau 

To learn more about factors to consider when 
applying for or using a credit card, visit the 
website of the Consumer Financial 
Protection Bureau at 
http://www.consumerfinance.gov/learnmore

Transaction Fees:
   •  Balance Transfer

   • Cash Advance

   •  Foreign Transaction

   •  Convenience Check 

Fee 

Penalty Fees:
   •  Delinquent Charge    
(Late Payment)
   •  Returned Payment 

Fee

   •  Over Credit Limit 

Fee

   •  Either $10.00 or 4% of the amount of 
each transfer, whichever is greater, but 
no more than $45.00 per transfer
   •  Either $10.00 or 5% of the amount 
advanced, whichever is greater.

   •   3.0% of the US dollar amount of the 
transactions originating in a foreign 
country.

   •  $10.00 per check (only for checks 

greater than $150)

   •  Up to $35.00

   •  $25.00 per item

   •  $0.00

How We Will Calculate Your Balance:  We use a 
method called “average daily balance (including new purchases).” 
See your Cardholder Agreement for more details.

Billing Rights:  Information on your rights to dispute transactions 
and how to exercise those rights is provided in your Cardholder Agreement.

Margins & Periodic Rates with Corresponding APRs

Margin

Periodic Rate

Purchase Rate

10.74%

0.03833%
(corresponding APR of 13.99%)

Balance Transfer 
Rate

10.74%

0.03833%
(corresponding APR of 13.99%)

Cash Advance 
and Cash 
Equivalent 
Transaction Rate 

14.24%

0.04792%
(corresponding APR of 17.49%)

Penalty Rate

18.74%

0.06025%
(corresponding APR of 21.99%)

Annual 
Percentage 
Rate (APR) for 
Purchases   

Balance 
Transfers APR

Cash Advances 
and Cash 
Equivalent 
Transaction APR 

Penalty APR and 
When it Applies

How to Avoid 
Paying Interest 
on Purchases

13.99%. This APR will vary with the market 
based on the Prime Rate.    

2.99% introductory APR for 6 months. After that, 
your APR will be 13.99%. This APR will vary with 
the market based on the Prime Rate.

17.49%. This APR will vary with the market 
based on the Prime Rate.

21.99%. This APR will vary with the market 
based on the Prime Rate.
This APR may be applied to your account if you:
(1)  Make a late payment
(2)  Make a payment that is returned
(3)   Do any of the above on any other account 

held with us

How Long Will the Penalty APR Apply? 
The penalty rate may be applied to your account 
until we receive six (6) consecutive payments, 
with each payment being received by the required 
payment date.

Your due date is at least 25 days after the close 
of each billing period.  We will not charge you 
periodic interest on new purchases, or any portion 
of a new purchase, paid by the due date on your 
current billing statement if your entire balance on 
your previous billing statement is paid in full by 
the due date on that statement. There is no time 
period in which to avoid periodic interest on cash 
advances or balance transfers.

Minimum 
Interest Charge 

If you are charged interest, the charge will be no 
less than $1.00.

For Credit Card 
Tips from the 
Consumer 
Financial 
Protection 
Bureau 

To learn more about factors to consider when 
applying for or using a credit card, visit the 
website of the Consumer Financial 
Protection Bureau at 
http://www.consumerfinance.gov/learnmore

Transaction Fees:
   •  Balance Transfer

   • Cash Advance

   •  Foreign Transaction

   •  Convenience Check 

Fee 

Penalty Fees:
   •  Delinquent Charge    
(Late Payment)
   •  Returned Payment 

Fee

   •  Over Credit Limit 

Fee

   •  Either $10.00 or 4% of the amount of 
each transfer, whichever is greater, but 
no more than $45.00 per transfer
   •  Either $10.00 or 5% of the amount 
advanced, whichever is greater.

   •   3.0% of the US dollar amount of the 
transactions originating in a foreign 
country.

   •  $10.00 per check (only for checks 

greater than $150)

   •  Up to $35.00

   •  $25.00 per item

   •  $0.00

How We Will Calculate Your Balance:  We use a 
method called “average daily balance (including new purchases).” 
See your Cardholder Agreement for more details.

Billing Rights:  Information on your rights to dispute transactions 
and how to exercise those rights is provided in your Cardholder Agreement.

Margins & Periodic Rates with Corresponding APRs

Margin

Periodic Rate

Purchase Rate

10.74%

0.03833%
(corresponding APR of 13.99%)

Balance Transfer 
Rate

10.74%

0.03833%
(corresponding APR of 13.99%)

Cash Advance 
and Cash 
Equivalent 
Transaction Rate 

14.24%

0.04792%
(corresponding APR of 17.49%)

Penalty Rate

18.74%

0.06025%
(corresponding APR of 21.99%)

CARDHOLDER AGREEMENT: CARD TERMS AND FEES

V1.3-12.13

CARDHOLDER AGREEMENT: CARD TERMS AND FEES

V1.3-12.13