Credit Card Cardholder 
Agreement

This Cardholder Agreement (“Agreement”) and the 
documents listed in the next sentence (“Cardholder 
Documents”) govern the use of your BMO Harris Bank 
Platinum MasterCard®, BMO Harris Bank Platinum 
Rewards MasterCard®, BMO Harris Bank Cash Back 
MasterCard®, BMO Harris Bank Premium Rewards 
MasterCard®, BMO Harris Premier Services Premium 
Rewards MasterCard,® and BMO Wealth Management 
Premium Rewards MasterCard® credit card account 
(“Account”), which is issued by BMO Harris Bank N.A. 
(“Bank”). The Cardholder Documents include the 
Agreement and:

•  The card carrier (“Card Carrier”) we send with your 

credit card or cards (“Card”);

•  The Supplemental Credit Terms (“Supplement”) we 

provide on or with the Card Carrier; 

•  The application or solicitation (“Application”) you 

signed or otherwise submitted to request the Account; 
and

•  Any PIN mailer provided to you that contains your 

personal identification number (“PIN”).

The Card Carrier, Supplement, Application, and PIN mailer 
are part of this Agreement. Please read and keep the 
Cardholder Documents for your records.

1. PARTIES, ADDRESSES AND SIGNATURES. In this 
Agreement, “you,” “your” and “cardholder” mean each 
person who applied for an Account approved by the 
Bank. “We,” “us” and “our” mean the Bank or any person 
or entity to which the Bank sells or transfers your 
Account. These terms have the same meanings when 
used in your monthly billing statement (“Statement”).

1

Credit CardsUnless you tell us otherwise, we will assume that you 
live at the address (1) on your Application or (2) where 
you have told us to send Statements (see paragraph 7 
below). You agree to tell us right away of any change in 
your address. Our address is BMO Harris Bank N.A., P.O. 
Box 6101, Carol Stream, IL 60197-6101.

Your handwritten, electronic or digital signature on any 
document you sign in connection with the use of your 
Card or Account is part of this Agreement. Such docu-
ments include, but are not limited to, your Card, 
Application or any accepted sales slip.

For Accounts with more than one borrower (“joint 
Accounts”), if you are the Primary Applicant on the 
Application, you are the Primary Cardholder and may have 
certain administrative rights in managing the Account that 
a Co-Applicant (a “Co-Borrower”) may not have. If you are 
unsure of whether you are the Primary Cardholder or 
Co-Borrower, you may call us at the “Contact Us” telephone 
number on your Statement or write to us at the address 
on your Statement.

You may add Authorized Users to your Account. An 
“Authorized User” is any person to whom we have issued 
a Card at your request. If you no longer want an 
Authorized User to use your Account, you must notify us. 

2. USING YOUR ACCOUNT. You can access your Account by 
using your Card, Convenience Checks we may issue to 
you, your Account number (which may also be accessed 
through an enabled mobile device), or other credit 
devices.

You can use your Account to make three types  
of transactions:

•  Balance Transfers: You can transfer balances from 

other credit card accounts to this Account. You can use 
a form that we provide or other method we may offer 
from time to time. You cannot transfer balances from 
other accounts you have with us. Balance Transfers 
accrue interest from the date of transaction without a 
grace period; 

2

BMO Harris Bank Consumer Cardholder Agreement•  Purchases: You can purchase goods or services from 
any merchant that accepts your Card. Purchases of 
items that you can trade right away for cash are 
considered Quasi-Cash Transactions (for example, 
casino chips) and will be Cash Advances instead of 
Purchases (see paragraph 14 below); and

•  Cash Advances: You can get cash loans as explained in 

paragraph 14 below.

If your Account is a joint Account, each of you may use 
the Account.

3. ILLEGAL TRANSACTIONS. You agree that your Card or 
Account will not be used for any transaction that may be 
illegal under applicable law. Such transactions include, 
for example, Internet gambling transactions.

4. PROMISE TO PAY. By using your Card or Account, you 
agree to the terms in this Agreement. You specifically 
promise to pay all amounts you owe. If you have a joint 
Account, we can ask any one or all of you to pay any or 
all amounts. It does not matter which one of you 
charged the amounts to the Account.

If you let another person use your Account, including an 
Authorized User, you promise to pay all amounts owed 
because of that person’s transactions.

5. CHANGES IN TERMS. Subject to the requirements and 
limitations of applicable law, we may change any of the 
terms of this Agreement. Such changes may include 
revising or removing existing terms and adding new 
terms or replacing your Card with a different Card, which 
may have different benefits and features. The terms 
changed may include, for example, periodic rates, fees 
and this Changes in Terms provision. We will give you 
notice of any change as required by applicable law.

6. CREDIT AND CASH LIMITS. We will set a maximum 
amount of credit for your Account (your “Credit Limit”). 
We will print the dollar amount of your Credit Limit on 
the Card Carrier and each Statement. You may make 
Balance Transfers up to the full amount of your available 
Credit Limit, subject to any other limits we may impose. 

3

Credit CardsThe maximum amount of credit for Cash Advances (“Cash 
Limit”) will be a percentage of your Credit Limit. We will 
print that percentage on the Supplement and we will print 
the dollar amount of your Cash Limit on each Statement.

You agree not to use your Account for any transaction that 
would cause the total unpaid balance of your Account to 
go over your Credit Limit. You may not get a Cash Advance 
if it would cause the total unpaid balance of Cash 
Advances (including Interest and Cash Advance Fees) to 
go over your Cash Limit. We may ask you to pay right 
away any amount over your Credit Limit or Cash Limit.

We may change the amount of available credit from 
time to time. This means we may increase, decrease or 
remove your Credit Limit, and/or Cash Limit. We may also 
limit the frequency and amount of Cash Advances you 
may make in any time period. We also may set a limit 
for other types of transactions, such as Balance Transfers. 
We may change the amount of available credit without 
telling you first unless applicable law requires us to do 
so. Reasons for changes include, for example, your credit 
history with us and/or your default under this Agreement 
(see paragraph 18.B below). Other reasons include 
prevention of fraud and changes to this credit card 
program or Bank policy. Although we credit your 
payments as described in paragraph 13.C and D below, 
we may not make credit available on your Account in the 
amount of your payment right away.

7. YOUR STATEMENT. We will send you a Statement for 
each monthly billing cycle in which:

•  You owe us or we owe you more than $1 on the last 

day of the cycle;

•  We impose Interest or a fee;

•  There is any other activity on your Account and we are 
not prohibited by law from sending a communication 
to you; or

•  Applicable law requires us to send a Statement.

4

BMO Harris Bank Consumer Cardholder AgreementThe Statement will show important information 
about your Account, such as:

•  The unpaid balance of your Account at the beginning 

of the cycle;

•  Payments or other credits to your Account during  

the cycle;

•  Transactions, Interest, fees, and any other amounts 

charged to your Account during the cycle;

•  The total unpaid balance of your Account on the last 

day of the cycle (“New Balance”);

•  The minimum payment you must make (the 

“Minimum Payment Due”) and the date that it is due 
(the “Payment Due Date”); and

•  Your Credit Limit, Cash Limit, and the dollar amount of 

credit and cash available (“Available Credit” and 
“Available Cash”). We may display your Available Cash 
as an amount rounded down to the nearest dollar.

We will send Statements and any other notices to (1) the 
address on your Application, or one of the addresses on 
your Application for joint Accounts or (2) a different 
address you give us. If your Account is a joint Account, 
each one of you agrees that any one of you can pick the 
address, but we will only send Statements and notices to 
one address.

Subject to limitations we may impose, you may be  
able to change your Payment Due Date. For more 
information, contact us at the “Contact Us” telephone 
number on your Statement.

8. INTEREST. We will calculate interest on your Account 
each cycle by multiplying a daily periodic rate by the 
balance subject to the interest rate of your Account 
(“Interest”) as described in paragraphs 9 and 10 below. 
We will charge a minimum Interest charge in the amount 
shown on the Supplement in any billing cycle that you 
owe Interest. 

5

Credit Cards9. PERIODIC RATES. We will use one or more periodic 
rates to determine how much Interest you owe. The 
periodic rate is the annual percentage rate (“APR”) 
divided by 365. The Supplement shows the periodic rates 
and APRs that apply to your Account.

A.  Purchase Rate. The rate for Purchases (“Purchase 
Rate”) will be the rate shown on the Supplement.

B.  Cash Advance Rate. The rate for Cash Advances 

(“Cash Advance Rate”) will be the rate shown on 
the Supplement.

C.  Balance Transfer Rate. The rate for Balance Transfers 
(“Balance Transfer Rate”) will be the rate shown on 
the Supplement.

D.  Variable Rates. The applicable rate for each billing 
cycle will be an index rate (“Index Rate”) plus a 
percentage we select (“Margin”).

Different Margins may apply to different transactions. For 
example, we may give you one Margin for Purchases 
(“Margin for Purchases”). We may give you a different 
Margin for Cash Advances (“Margin for Cash Advances”) and 
for Balance Transfers (“Margin for Balance Transfers”). We 
will print the Margins for your Account on the Supplement.

The Index Rate is the Prime Rate published in The Wall 
Street Journal® on the last publication day of the month 
just before each Statement date. If there is no published 
Prime Rate, we may pick a similar rate. We will tell you 
what rate we pick.

If the Index Rate changes, your variable rate may 
change. For example, variable rates may increase if the 
Index Rate increases. Any increase or decrease in a 
variable annual percentage rate due to a change in the 
U.S. Prime Rate takes effect as of the first day of the 
following billing period. If a variable rate changes, the 
new rate will apply to new transactions and existing 
balances. If any variable rate increases, the amount of 
Interest and the Minimum Payment Due may increase.

6

BMO Harris Bank Consumer Cardholder Agreement10. BALANCE SUBJECT TO INTEREST RATE. The balance 
subject to Interest is the average daily balance of your 
Account. We calculate the average daily balance on your 
Account in three categories: (1) Purchases, (2) Cash 
Advances, and (3) Balance Transfers. To get the average 
daily balance for each category, we take the beginning 
balance of your Account for that category each day. We 
then add any new transactions in that category, which 
may include fees and Interest. We then subtract any new 
payments or credits. This gives us the daily balance for 
each category. We then add up all the daily balances for 
each category for the billing cycle. We then divide the 
total by the number of days in the billing cycle. This 
gives us the Average Daily Balance for Purchases, the 
Average Daily Balance for Cash Advances, and the 
Average Daily Balance for Balance Transfers.

11. WHEN INTEREST BEGINS. You will have at least a 
21-day grace period (“Grace Period”) on some transac-
tions. This means you have at least 21 days from the 
Closing Date on your Statement (“Statement Closing 
Date”) to pay for new Purchases before we charge 
Interest on them. The Grace Period applies only if you 
had no balance left over from the past billing cycle. This 
could happen two ways. You could have had no New 
Balance (or a credit balance) on the Statement for the 
past cycle. Or, you could have paid the New Balance for 
the past cycle in full by the Payment Due Date. When 
the Grace Period does not apply, Interest on Purchases 
begins on the transaction date.

The Grace Period does not apply to Cash Advances or 
Balance Transfers. Interest on Cash Advances and 
Balance Transfers begins on the transaction date of your 
Cash Advance or Balance Transfer. If you take advantage 
of an offer with an Introductory or Promotional APR, we 
will charge you Interest on new Purchases, unless your 
new Purchases have a 0% APR, or you pay your Account 
balance, including any Balance Transfers and Cash 
Advances, in full each month by your payment due date.

7

Credit Cards12. FEES. All of the fees we charge except the fees for 
Balance Transfers, Cash Advances, and Convenience 
Checks will be treated as Purchases in the billing cycle in 
which the fee is assessed. We will assess fees associated 
with Balance Transfers, Cash Advances, and Convenience 
Checks in the same category as each of those transactions.

A. Fees Shown on Supplement. We may charge the 
following fees. If a fee applies to your Account, we will 
print the amount of the fee on the Supplement. We may 
change or supplement these fees from time to time, and if 
we do, we will provide you with notice of any such change. 

1.  An Annual Fee will appear on your first billing 
Statement and annually thereafter unless  
otherwise disclosed; 

2.  Transaction Fees

a.  A Cash Advance Fee for each Cash Advance (not to 
exceed $10 for any Cash Advance you get under 
any overdraft protection program we may offer 
(see paragraph 14 below)); 

b.  A Balance Transfer Fee for each Balance Transfer; 

and 

c.  A Foreign Transaction Fee for any transaction you 

make outside the United States (except Puerto Rico 
or the U.S. Virgin Islands).

3.  Penalty Fees

a.  A Late Payment Fee if we do not receive at least 
the Minimum Payment Due by the Payment Due 
Date. The Late Payment Fee will be $27 (up to $37 
if a payment is late again within six billing cycles) 
or the Minimum Payment Due when the payment 
was late, whichever is less; and

b.  A Returned Payment Fee will be $27 (up to $37 if 
a payment is returned again within six billing 
cycles) or the Minimum Payment Due when the 
payment was late, whichever is less if the 
payment you make is returned for any reason.

8

BMO Harris Bank Consumer Cardholder AgreementB. Fees Disclosed at Time of Request. Unless prohibited 
by law, we also may charge you other fees from time to 
time. If a fee applies to your Account, we will tell you the 
amount of the fee at the time you request the service. 
Some fees that may apply to your account include:

1.  A Replacement Card Fee if you request a 

replacement Card; 

2.  An Expedited Delivery Fee (in addition to any other 
applicable fees) if you ask us to send a Card by 
expedited delivery; 

3.  A Dual Statement Fee if you ask us to send your 
Statements in both paper and electronic form;

4.  A Document Fee if you ask us to provide copies of 
documents, such as sales slips and receipts; and

5.  An Expedited Payment Fee if a representative of 

ours helps expedite your payment.

C. Convenience Check Fees. Unless prohibited by law, 
we may also charge you fees associated with your use of 
Convenience Checks, and we will tell you the amount of 
the fee at the time you request the service or with the 
offer accompanying the Convenience Checks:

1.  A Convenience Check Fee will apply to the use of 

Convenience Checks.

2.  A Stop Payment Fee if you request to stop payment 

on a Convenience Check.

3.  A Returned Payment Fee if a Convenience Check is 

returned for non-payment for any reason.

13. YOUR PAYMENTS. 

A. Minimum Payment. Each billing cycle you must pay 
at least the Minimum Payment Due by the Payment Due 
Date. We calculate the largest of the following and then 
add the greater of any amount that is past due or any 
amount in excess of your credit limit:

9

Credit Cards•  The New Balance on the billing statement if it is less 

than $25; 

•  $25 if the New Balance is at least $25; 

•  2% of the New Balance (which calculation is rounded 

down to the nearest dollar); or

•  1% of your Net New Balance plus any new Interest 
charges and any new Penalty Fees. We round that 
number down to the nearest dollar. Net New Balance 
is your New Balance less any new Interest charges and 
any new Penalty Fees.

However, the Minimum Payment Due will never exceed 
your New Balance. You may at any time pay more than 
the Minimum Payment Due up to the full unpaid balance 
without any extra charge.

B. How to Make Payments. Make your payment by check, 
money order or similar instrument in U.S. dollars. If you 
write a check, the check must be from a financial 
institution in the United States. Do not send us cash. You 
may not use a Convenience Check drawn on an Account 
issued by us to pay us (see paragraph 14 below). Mail your 
payment to the address on your Statement or deliver it in 
person to a Qualifying Branch (see paragraph 13.D below). 
With your payment, include your payment coupon, which 
is a part of your Statement. If you do not include your 
payment coupon, we may delay crediting the payment to 
your Account. A Late Payment Fee and additional Interest 
may be charged if crediting is delayed. Other payment 
options may be available. Please call us at the “Contact 
Us” number provided on your Statement or refer to your 
Statement for instructions.

We won’t treat credits made on your Account, including 
credits from merchants or some credits made by 
person-to-person money transfers, as payments, and 
such credits will not be applied towards reducing your 
Minimum Payment Due. You cannot use gift cards, gift 
certificates, electronic certificates or similar instruments 
purchased by you or anyone else with a BMO Harris Bank 
credit card to make a payment on your Account.

10

BMO Harris Bank Consumer Cardholder AgreementC. When We Credit Payments and How We Apply 
Payments. If we receive your payment by mail by 5:00 
p.m. Central Time on any business day, we will credit the 
payment to your Account as of that day. Otherwise, we 
will credit the payment on the next business day. If you 
make a payment at any location other than the address 
on your Statement or a Qualifying Branch (see paragraph 
13.D below), we may delay crediting that payment. We 
may use payments up to the required Minimum 
Payment Due to pay down the balances of your Account 
in any order we decide. This may include paying 
balances subject to lower rates of Interest before 
balances subject to higher rates. For any payment 
amount over the Minimum Payment Due we will allocate 
such amounts to pay balances subject to higher rates of 
Interest before paying balances subject to lower rates. If 
your payment is returned as unacceptable for any 
reason, we may post a transaction to your Account in an 
amount equal to the credit we previously gave for the 
payment, and we may charge a Penalty Fee and Interest 
on this amount from the date your Account originally 
was credited for the payment. You may also lose any 
Promotional or Introductory Rates subject to paragraph 
22 below.

D. In-Branch Payments. If you have a BMO Harris-
branded card, you may deliver your payment during 
normal business hours to a Customer Service 
Representative at any bank branch identified by the BMO 
Harris name, brand or logo (“Qualifying Branch”). We will 
credit such payments on the day we receive them.

E. Disputed Payments. You agree not to send us 
disputed payments. By disputed payment, we mean a 
payment of less than the amount due marked “paid in 
full,” “without recourse” or similar language. If you send 
a disputed payment, we may take it without losing any 
of our rights. If you want to tell us about a disputed 
payment, you can send a letter and/or disputed payment 
to the address listed in paragraph 1 above and not the 
address on your Statement. You may also call us at the 
“Contact Us” number provided on your Statement.

11

Credit Cards14. GETTING CASH ADVANCES. You can get a Cash 
Advance by taking your Card to a financial institution and 
asking for cash (see paragraph 6 above). You also can 
get a Cash Advance in one of the following ways:

•   Convenience Checks: We may send you Convenience 

Checks (or Promotional Checks) from time to time. You 
can use a Convenience Check like a personal check, 
and it will be subject to the terms provided with the 
Convenience Checks, in addition to the terms of this 
Agreement. We may charge a Convenience Check to 
your Account at the time we receive it, even if it (1) is 
post-dated, (2) is stale or (3) will cause you to go over 
your Credit Limit or Cash Limit. (By “post-dated,” we 
mean the date of the check is in the future. By “stale,” 
we mean a bank is not required to pay the check 
because the date of the check is too far in the past.) 
You can ask us to stop payment on a Convenience 
Check by calling or writing us at the “Contact Us” 
number or address on your Statement. We cannot 
guarantee stop payment on Convenience Checks. We 
will not owe you anything if we fail to stop payment.

•  ATM Cash Advances: You can get an ATM Cash Advance 
by using your Card at an automated teller machine 
(“ATM”). The ATM must accept cards from the 
MasterCard family of brands. You must use the correct 
PIN. You can request a PIN by calling the customer 
service number on the back of your Card or the 
“Contact Us” number on your Statement. Any terms, 
conditions or limitations of the ATM network you use 
will apply to ATM Cash Advances. We may limit the 
number or amount of ATM Cash Advances you can get 
in one day. We may stop you from getting ATM Cash 
Advances if we reasonably believe there is unusual 
activity on your Account. We also may stop you from 
getting ATM Cash Advances if you are in default under 
this Agreement (see paragraph 18.B below).

12

BMO Harris Bank Consumer Cardholder Agreement•  Overdraft Protection Advances: If you have a checking or 
demand deposit account (“DDA”) with us now or in the 
future and you have enrolled in an available overdraft 
protection program, we may offer you an automatic 
Cash Advance to transfer money from your Account to 
your DDA. The automatic Cash Advance feature of our 
overdraft protection program may not be available on 
all Accounts. The amount of the Cash Advance will be 
the amount of the overdraft rounded up to the nearest 
$100, not to exceed your Cash Limit. By overdraft, we 
mean the total amount by which checks, payments, 
charges and other items properly chargeable to your 
DDA exceeds the balance of your DDA. You must be 
enrolled in the overdraft protection program at the 
time of the overdraft. The terms and conditions of the 
overdraft protection program also apply to this type 
of Cash Advance. We will give you those terms and 
conditions when you enroll in the program.

•  Quasi-Cash Transactions: Purchases of items that you 

can trade right away for cash (“Quasi-Cash 
Transactions”) will be Cash Advances instead of 
Purchases. Quasi-Cash Transactions include, but are 
not limited to, purchases of casino gaming chips, 
money orders, deposits, wire transfer money orders, 
travelers checks, foreign currency and similar items.

15. CURRENCY CONVERSION. You can make transactions 
in currencies other than U.S. dollars. If you do, 
MasterCard will convert the amount of the transaction to 
U.S. dollars. MasterCard uses either (1) a rate MasterCard 
selects from the range of rates available in wholesale 
currency markets for the applicable central processing 
date, or (2) a rate set by a government for the applicable 
central processing date. The conversion rate may be 
different from the published rate in effect on the day 
that you made the transaction or that we posted the 
transaction to your Account.

16. AUTHORIZATION OF TRANSACTIONS. We do not 
promise to authorize every transaction you request. We 
may limit the number or amount of transactions we 

13

Credit Cardsauthorize on your Account in any one day. We may refuse 
to authorize any illegal transaction. We may refuse to 
authorize any transaction that would cause you to go 
over your Credit Limit or Cash Limit or any other limit we 
impose on your Account. We may refuse to authorize 
transactions if your Account is closed or in default (see 
paragraph 18 below). We will not pay for any harm these 
actions may cause you, except as required by applicable 
law. In addition, we will not owe you anything if a 
merchant or financial institution does not let you make a 
transaction on your Account. We also will not owe you 
anything if there is a problem with goods or services you 
purchase using your Account, except as explained in Your 
Billing Rights below.

17. UNAUTHORIZED USE. If you notice the loss or theft of 
your Card or a possible unauthorized use of your Card, 
you should call us immediately at the “Lost or Stolen” 
telephone number provided on your Statement. You will 
not be liable for any unauthorized use that occurs after 
you notify us. You may, however, be liable for unautho-
rized use that occurs before your notice to us. In any 
case, your liability will not exceed $50.

18. CLOSING YOUR ACCOUNT.

A. How You Can Close Your Account. You can close your 
Account at any time by calling us at the “Contact Us” 
telephone number or writing to us at the “Contact Us” 
address on your Statement. We will close your Account 
after we receive your notice. If you close your Account, 
you must stop using your Account right away unless you 
and we agree otherwise. You must also destroy and 
safely dispose of your Card.

B. When We Can Suspend or Close Your Account; Default. 
We can suspend or close your Account at any time. We 
will not tell you first unless applicable law requires us to 
do so. We may suspend or close your Account for any 
reason. One of the reasons may be your default under 
this Agreement. We may decide you are in default if:

14

BMO Harris Bank Consumer Cardholder Agreement•  You do not pay any Minimum Payment Due by the 

Payment Due Date;

•  You die or become bankrupt, insolvent or incompetent;

•  Someone tries to get your assets, wages or property 

by filing a legal action against you;

•  We believe any information you gave us is false, 

misleading or incomplete;

•  You go over your Credit Limit or Cash Limit;

•  You break any promise you make in this Agreement;

•  You are in default under any other loan or security 

agreement you have with us;

•  You move to, or you live in, a place where we do not, 
or no longer, offer Accounts (including any location 
outside the United States). 

However, we will not decide you are in default for a 
reason prohibited by applicable law. 

C. After You or We Close Your Account. If you or we close 
your Account, you must pay the full amount you owe us. 
The full amount includes amounts you owe that we have 
not yet billed to you. If we close your Account, we may 
ask you to pay the full amount right away. We will not 
ask you to pay right away if applicable law prohibits it or 
you and we agree that you do not have to. Until you pay 
us in full, we may continue to charge applicable fees as 
well as Interest on the amount you owe us. We also may 
continue to report the amount you owe us to consumer 
reporting agencies and other proper parties. You must 
destroy your Card if we ask you to.

19. COLLECTION COSTS. If we refer your Account to an 
attorney for collection after your default, we may charge 
you our collection costs. Collection costs may include 
court costs and reasonable attorneys’ fees. We will 
charge these costs only when and as permitted by 
applicable law.

15

Credit Cards20. SECURITY. We may ask you to give us something 
valuable to secure payment of amounts you owe under 
this Agreement. We will not take as security any 
household goods or real property.

21. OTHER SERVICES. From time to time, third parties 
may offer you services. These services may include credit 
card registration, emergency cash service, address 
change service and other related services. If you purchase 
a service, we will charge the fee to your Account. If you 
have a problem with a service, you must contact the third 
party to resolve it. We will not owe you anything for a 
claim related to the service. You agree to hold us 
harmless to the fullest extent possible from any such 
claims, unless otherwise prohibited by applicable law. 
These services may be discontinued or the terms of the 
services changed at any time without advance notice. 

22. SPECIAL PROGRAMS. From time to time, we may 
offer Special Programs. A Special Program will have 
some terms that are different from the terms in this 
Agreement. We will tell you the terms when we make 
the offer. If you accept the offer, you agree to those 
terms. Except where the Special Program terms are 
different, the terms in this Agreement continue to apply 
to Special Program transactions. The terms in this 
Agreement also continue to apply to transactions that 
are not Special Program transactions. We may use your 
payments up to the required Minimum Payment Due to 
pay down Special Program balances before other balances 
on your Account. This may reduce the time that any 
Special Program applies to your Account. This also may 
increase the amount of Interest you will owe on the other 
balances. Special Programs may include, for example:

•   Introductory Rate: A lower rate (“Introductory Rate”) 

will apply to your Account or to certain transactions on 
your Account (for example, Purchases) for a certain 
period of time (“Introductory Period”). However, the 
Introductory Period may end sooner. It will end sooner 
if you do not pay the full Minimum Payment Due 
within 60 days of the Payment Due Date. After the 

16

BMO Harris Bank Consumer Cardholder AgreementIntroductory Period ends, the rate(s) will increase to 
the rate(s) that applies at that time. If your Account 
has an Introductory Rate, we will print the Introductory 
Rate and Introductory Period on the Supplement. The 
Supplement also will explain the transactions to which 
the Introductory Rate applies.

•   Promotional Rate: A different rate (“Promotional 
Rate”) will apply to your Account or to certain 
transactions on your Account for a certain period 
of time (“Promotional Period”). However, the 
Promotional Period may end sooner. It will end sooner 
if you pay the balance subject to the Promotional Rate 
before the Promotional Period ends. Except during 
the first year your Account is open, it also will end 
sooner if you do not pay the full Minimum Payment 
Due by the Payment Due Date. During the first year 
your Account is open, it also will end sooner if you 
do not pay the full Minimum Payment Due within 60 
days of the Payment Due Date. After the Promotional 
Period ends, the rate(s) will increase to the rate(s) 
that applies at that time. If your Account has a 
Promotional Rate, we will print the Promotional Rate 
and Promotional Period on the Supplement or Special 
Program offer. The Supplement or Special Program 
offer also will explain the transactions to which the 
Promotional Rate applies.

23. INFORMATION ABOUT YOU. 

A. How We Use and Share Your Credit Information. 
When you applied for an Account, you gave us informa-
tion about yourself. You also agreed that we could 
request information about your creditworthiness and 
employment from others (including requesting your 
consumer report from consumer reporting agencies). We 
use this information when considering your Application 
and for any other lawful purpose. These purposes include 
(1) any updates, renewals or extensions of credit and (2) 
reviewing or collecting your Account. If you write to us at 
Credit Card Marketing, P.O. Box 2035, Milwaukee, WI 
53201-2035, we will tell you the name and address of 

17

Credit Cardseach consumer reporting agency that gave us your 
consumer report. We may give information about you 
and your Account to consumer reporting agencies and 
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. 

B. Tell Us About Inaccurate Information. Tell us if we 
have inaccurate information about you. Also tell us if we 
reported inaccurate information about you to a credit 
reporting agency. Write to us at the address listed in 
paragraph 1 above. Include in your letter the specific 
information you think is inaccurate. 

C. Emergency Card Services. We may share your 
personal information with MasterCard International, 
MasterCard International contractors and service 
providers, and our contractors and service providers, for 
the purpose of providing Emergency Card Replacement 
and Emergency Cash Disbursement services to you. 

D. Authorized Users. We may share information about 
your Account with Authorized Users you add to your 
Account.

24. TELEPHONE MONITORING AND SOLICITATION. For 
quality control purposes, you agree that we may listen to 
or record telephone calls between you and us. If you 
provide us with your cell phone number as a contact 
number for your Account, you acknowledge and agree 
that we may contact you at that number. You agree that 
communications concerning your Account and available 
products and services are not unsolicited, including  
calls which are dialed automatically and play a  
recorded message.

25. GOVERNING LAW. This Agreement and your Account 
are governed by federal law applicable to a national 
bank and, to the extent not preempted by federal law, 
the laws of Illinois, without regard to its conflicts of law 
provisions. We have accepted this Agreement in Illinois.

18

BMO Harris Bank Consumer Cardholder AgreementFor Maryland residents only, to the extent federal law 
and the laws of the state of Illinois do not apply, this 
Agreement is governed by Title 12, Subtitle 9 of the 
Maryland Commercial Law Article.

26. ARBITRATION PROVISION. Either you or we can ask 
the other to resolve a Claim by binding arbitration. By 
“Claim,” we mean any claim, dispute or controversy 
(whether in contract, tort or otherwise) at any time 
arising from or relating to your Account or this 
Agreement. We intend the term Claim to have the 
broadest possible meaning. Claim includes, by way of 
example and without limitation:

•  Claims arising from your Application for or issuance, use, 
terms, change in terms or addition of terms, closing or 
collection of your Account or this Agreement;

•  Claims arising from advertisements, promotions or 
oral or written statements related to your Account, 
including any Claims regarding information we got 
from you or we reported to you, credit reporting 
agencies or others;

•  Claims related to the goods or insurance or other 

services purchased under your Account;

•  Claims between you and our parent corporations, 
wholly or majority owned subsidiaries, affiliates, 
predecessors, successors, assigns, agents, independent 
contractors, employees, officers, directors or 
representatives arising from your Account or this 
Agreement; and

•  Claims regarding the validity, enforceability or scope of 

this Arbitration Provision or this entire Agreement.

However, the term Claim does not include any Claim 
relating to the validity and effect of any class action, 
consolidation and/or joinder waiver. 

Arbitration is different from a lawsuit in many ways. If 
you or we ask for arbitration of a Claim, neither you nor 
we could get a court or jury to decide the Claim. There 
may be limits on the amount of information you and we 
could get from each other before the arbitration. You 

19

Credit Cardscould not be part of a class of people with similar 
complaints after you or we ask for arbitration. Except as 
explained below, the arbitrator’s decision will be final 
and binding. Other rights available to you in court may 
not be available in arbitration. 

The American Arbitration Association (“AAA”) or JAMS 
will conduct any arbitration between you and us. The 
rules for arbitrations will be those of either AAA or JAMS 
(“Rules”) in effect when you or we file the Claim. If 
something in the Rules is different from something in 
this Arbitration Provision, we will follow this Arbitration 
Provision. You can get the Rules and other forms by 
calling the AAA at 1-800-778-7879, visiting the AAA’s 
website at www.adr.org or writing to the AAA at 1633 
Broadway, 10th Floor, New York, New York 10019, or by 
calling JAMS at 1-800-352-5267, visiting the JAMS website 
at www.jamsadr.com or writing to JAMS at 1920 Main 
Street, Suite 300, Irvine, VA 92614. If for any reason 
either the AAA or JAMS cannot, will not or ceases to be 
an arbitration administrator, we will pick another 
administrator with similar rules. 

If you want to arbitrate a claim, send us notice at the 
address listed in paragraph 1 above. Then contact either 
the AAA or JAMS to find out how to file a Claim. If 
needed, we will meet for an arbitration hearing in the 
federal judicial district where you live or some other 
place we all agree is convenient.

Arbitration fees can be more expensive than court fees. 
After you have paid arbitration fees equal to the fee to 
file an action in your local state or federal court, you can 
ask us in writing for help. We will advance up to $325 
toward the filing, administrative and/or hearing fees for 
any Claim you file against us. At the end of the arbitra-
tion, the arbitrator will decide who should pay the 
arbitration fees. You may have to pay us back some or all 
of the money we advanced. Unless applicable law 
requires otherwise, each party has to pay for its own 
attorneys’, experts’ and witness fees, no matter who 
wins the arbitration. 

20

BMO Harris Bank Consumer Cardholder AgreementNo Claim can be arbitrated on a class action basis. An 
arbitration can decide only your or our Claims. You 
cannot have a joint arbitration with any parties other 
than persons who use your Account. You also cannot 
bring together any Claims other than those relating to 
you and persons who use your Account. A court with 
proper jurisdiction and not an arbitrator will determine 
whether this provision prohibiting class actions, joinder 
and/or consolidation is valid and effective. 

This Arbitration Provision relates to a transaction 
involving interstate commerce. It will be governed by 
the Federal Arbitration Act (“FAA”), as amended, even if 
different laws apply to other parts of this Agreement. 
The arbitrator will apply applicable substantive law 
consistent with the FAA. The arbitrator will apply 
applicable statutes of limitations. The arbitrator also will 
honor claims of privilege recognized at law. Whoever 
wins the arbitration can get a judgment on the arbitra-
tion award in any court having jurisdiction. Judgments 
include, for example, garnishment, attachment, foreclo-
sure or other post-judgment remedies.

The arbitrator’s decision generally will be final and 
binding. If there is a right of appeal under the FAA, 
however, any party can appeal the award. A group of 
three arbitrators from either AAA or JAMS will hear the 
appeal. The group will review all over again any part of 
the initial award that the party who appeals requests. 
The party who appeals must pay for the appeal no 
matter what happens at the end.

This Arbitration Provision will apply even after you repay 
your Account and after your Account is closed. If a court 
decides that any part of this Arbitration Provision is 
invalid or unenforceable under the FAA, the other parts 
still apply. However, if a court decides that the part 
prohibiting class actions, consolidation and/or joinder is 
invalid or unenforceable, then this Arbitration Provision 
will not apply. 

21

Credit CardsYou can opt out of this Arbitration Provision if you write 
to us within 30 days after we open your Account. Send a 
letter that says you do not agree to the Arbitration 
Provision. The letter must include your name, address 
and Account number. Mail the letter to BMO Harris Bank 
N.A., Arbitration Opt-out, P.O. Box 6101, Carol Stream, IL 
60197-6101. This is the only way you can opt out of the 
Arbitration Provision. If you opt out of the Arbitration 
Provision, all other parts of the Agreement still apply to 
your Account.

27. TRANSFER AND ASSIGNMENT. You cannot give or sell 
your rights or duties under this Agreement, your Account 
or your Card to any other person or company. We may 
give or sell our rights or duties under this Agreement, 
your Account or your Account balance to any other 
person or company, with or without telling you first.

28. NO WAIVER BY US; SEVERABILITY. We may delay 
enforcing or give up any of our rights under this 
Agreement in certain situations. If we delay enforcing or 
give up any of our rights, this does not affect our other 
rights. If we give up a right in one situation, we do not 
give up the same right in other situations. If a court with 
proper jurisdiction decides that any part of this 
Agreement is unenforceable, all the other parts of this 
Agreement still apply.

29. ENTIRE AGREEMENT. The Cardholder Documents are 
the entire agreement between you and us relating to 
your Account. The Cardholder Documents replace any 
other agreement relating to your Account that you and 
we made earlier or at the same time. If any of the other 
Cardholder Documents has any information that is not 
the same as information in this Agreement, we will 
follow this Agreement unless the other document says 
we should follow that document.

NJ RESIDENTS: Certain provisions of this Agreement are 
subject to applicable law. As a result, they may be void, 
unenforceable or inapplicable in some jurisdictions. None 
of these provisions, however, is void, unenforceable or 
inapplicable in New Jersey.

22

BMO Harris Bank Consumer Cardholder AgreementYour Billing Rights: Keep This Document For Future Use

This notice tells you about your rights and our  
responsibilities under the Fair Credit Billing Act.

What to Do If You Find a Mistake on Your Statement

If you think there is an error on your statement, write to 
us at: 

BMO Harris Bank N.A. 
P.O. Box 6101 
Carol Stream, IL 60197-6101.

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.

23

Credit CardsWhile we investigate whether or not there has been  
an error:

•  We cannot try to collect any 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.

After we finish our investigation, one of two things  
will happen:

•  If we made a mistake: You will not have to pay the 
amount in question or any interest or other fees 
related to that amount.

•  If we do not believe there was a mistake: You will 
have to pay the amount in question, along with 
applicable interest and fees. We will send you a 
statement of the amount that you owe and the date 
payment is due. We may then report you as delinquent 
if you do not pay the amount we think you owe.

If you receive our explanation but still believe your bill is 
wrong, you must write to us within 10 days telling us 
that you still refuse to pay. If you do so, we cannot report 
you as delinquent without also reporting that you are 
questioning your bill. We must tell you the name of 
anyone to whom we reported you as delinquent, and we 
must let those organizations know when the matter has 
been settled between us.

If we do not follow all of the rules above, you do not 
have to pay the first $50 of the amount you question, 
even if your bill is correct.

24

BMO Harris Bank Consumer Cardholder Agreement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 at:

BMO Harris Bank N.A. 
P.O. Box 6225 
Carol Stream, IL 60197-6225.

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.

25

Credit Cards26

BMO Harris Bank Consumer Cardholder Agreement