Credit  Cards

BMO Harris Bank®  
Consumer agreement

Consumer 
Cardholder 
Agreement

II

BMO Harris Bank Consumer Cardholder Agreement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”);
•  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.

DISCLOSURES FOR ACTIVE DUTY MEMBERS OF THE MILITARY 
AND THEIR DEPENDENTS

The following applies to members of the military and their 
dependents if, at the time you establish a covered account, 
you are an active duty member of the military or you are a 
dependent of an active duty member of the military (as set 
forth in the Military Lending Act, 10 U.S.C. 987, and its 
implementing regulations).

The Arbitration Provision of this Agreement does not apply 
to individuals covered by this section.

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BMO Harris Bank Consumer Cardholder Agreement1. PARTIES, ADDRESSES AND SIGNATURE 

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”).

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 documents 
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 

Your Account is to be used only for personal, family or 
household purposes. 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.

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Credit Cards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;

•  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, 

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BMO Harris Bank Consumer Cardholder Agreement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.

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.

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Credit Cards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.

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.

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BMO Harris Bank Consumer Cardholder Agreement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.

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 

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Credit Cardstransactions and existing balances. If any variable rate 
increases, the amount of Interest and the Minimum Payment 
Due may increase.

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 transactions. 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, Cash Advances and 
Promotional Balances, in full each month by your payment 
due date.

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BMO Harris Bank Consumer Cardholder Agreement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.

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 

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Credit Cards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:

•  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.

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BMO Harris Bank Consumer Cardholder Agreement  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 may 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.

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 

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Credit Cards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.

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 

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BMO Harris Bank Consumer Cardholder Agreement“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).

•  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.

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Credit Cards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 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 unauthorized use that occurs 
before your notice to us. In any case, your liability will not 
exceed $50.

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BMO Harris Bank Consumer Cardholder Agreement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:

•  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 

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Credit Cards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.

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 

15

BMO Harris Bank Consumer Cardholder Agreement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 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 information 
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 

16

Credit Cardsto us at Credit Card Marketing, P.O. Box 2035, Milwaukee, 
WI 53201-2035, we will tell you the name and address 
of 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. CONSENT TO TELEPHONE CALLS AND MONITORING

You authorize us (which includes, for the purposes 
of this paragraph, our agents and representatives) to 
contact you using automatic telephone dialing systems, 
artificial or prerecorded voice message systems, email 
and text messaging systems in order to provide you with 
information regarding your Account, including information 
about missed payments, the suspected misuse of your 
Card, or general servicing items. You authorize us to make 
such contacts using any telephone numbers (including 
wireless, landline and Voice Over Internet Protocol numbers) 
you have supplied or will supply to us in connection with 
your Account or any other account you may have or will 
establish with us. You understand that anyone with access 
to your telephone may listen to or read the messages we 
leave or send you, and you agree that we will have no 
liability for anyone accessing such messages. You further 
understand that, when you receive a telephone call or text 
message, you may incur a charge from the company that 

17

BMO Harris Bank Consumer Cardholder Agreementprovides you with telecommunications, wireless and/or 
data services, and you agree that we will have no liability 
for such charges. You expressly authorize us to monitor 
and record your calls with us. You agree that you are the 
owner and/or primary user of any telephone number or 
email address you provide to us and that you will notify us 
if this is no longer true as to any such telephone number or 
email address.

25. AUTOMATIC BILLING UPDATER SERVICE 

We participate in the Mastercard® Automatic Billing Updater 
(ABU) service. When your Card number or expiration date 
is updated, or your Account is closed, we will provide the 
updated Card information to merchants who participate in 
ABU with whom you have automatic billing arrangements 
(such as telephone, cable companies, insurance and 
health clubs). Since not all merchants participate in ABU, 
you should notify each merchant with whom you have 
automatic billing arrangements of the updated Card 
information to ensure your payments are not interrupted.

If you do not want us to provide your Card updates through 
ABU, please call the customer service number on the back 
of your credit card and allow 60 days for your opt out to 
take effect.

26. 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.

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.

27. 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:

18

Credit Cards•  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 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 

19

BMO Harris Bank Consumer Cardholder Agreement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 arbitration, 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.

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 arbitration award in any court having jurisdiction. 
Judgments include, for example, garnishment, attachment, 
foreclosure 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.

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Credit Cards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.

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.

28. 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.

29. 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.

30. 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.

21

BMO Harris Bank Consumer Cardholder Agreement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.

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 credit histories on each individual upon 
request. The Ohio civil rights commission administers 
compliance with this law.

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.

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Credit Cards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 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.

23

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.

24

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Notes

Talk with us
1-855-825-9237

Learn more
bmoharris.com

Mastercard® is a registered trademark of Mastercard International Incorporated.

Banking products and services are subject to bank and credit approval and 
are provided by BMO Harris Bank N.A. Member FDIC. BMO Harris Bank® and 
BMO Harris® are trade names used by BMO Harris Bank N.A.

BMO Harris Premier Services represents a combined service approach of BMO 
Harris Financial Advisors and BMO Harris Bank, each a part of the BMO Financial 
Group. BMO Harris® is a trade name used by BMO Harris Bank N.A. and its affiliates.

BMO Harris Premier Services includes banking, deposit and loan products and 
services provided by BMO Harris Bank N.A. Banking products and services are 
subject to bank and credit approval. BMO Harris Bank® is a trade name used by 
BMO Harris Bank N.A. Member FDIC. BMO Harris Bank does not provide legal or 
tax advice.

Securities, investment advisory services and insurance products are offered 
through BMO Harris Financial Advisors, Inc. Member FINRA/SIPC. SEC-registered 
investment adviser. BMO Harris Financial Advisors, Inc. and BMO Harris Bank N.A. 
are affliated companies. Securities and insurance products offered are: NOT FDIC 
INSURED — NOT BANK GUARANTEED — NOT A DEPOSIT — MAY LOSE VALUE.

© 2017 BMO Financial Corporation. All Rights Reserved.

BMO Wealth Management is a brand name that refers to BMO Harris Bank N.A. 
and certain of its affliates that provide certain investment, investment advisory, 
trust, banking, securities, insurance and brokerage products and services. Banking 
products and services are provided by BMO Harris Bank N.A. and are subject to 
bank and credit approval. BMO Harris Bank N.A. Member FDIC.

© 2020 BMO Harris Bank N.A. All Rights Reserved. (01/20) 

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