Credit Card Agreement for Saks Retail Cards in Capital One, N.A.
There are two parts to this Credit Card Agreement: Capital One Pricing Information and the Capital One Customer Agreement. The Pricing Information shows
a range of terms that includes both mail and online offers for new accounts available under this Agreement as of December 31, 2013. The combination of terms
that could apply to you may differ depending on the specific card offer and on your creditworthiness at the time of application. The Customer Agreement contains
important information related to consumer credit cards issued by Capital One, N.A. If you are a current Capital One cardholder, please log in to your account if you
would like to request the Credit Card Agreement for your account(s).
CAPITAL ONE PRICING INFORMATION
Annual Percentage Rate
23.99%.
(APR) for Purchases
This APR will vary with the market based on the Prime Rate.
Penalty APR and When It
26.99%.
Applies
This APR will vary with the market based on the Prime Rate.
This APR may be applied to your account if you make a late payment.
How Long Will the Penalty APR Apply?: If your APRs are increased for this reason, the Penalty APR may apply indefinitely.
How to Avoid Paying
Your due date is at least 25 days after the close of each billing cycle. We will not charge you interest on purchases if you pay your
Interest on Purchases:
entire balance by the due date each month.
Minimum Interest Charge
A minimum Interest Charge of $1.00 will be assessed for each billing cycle in which an Interest Charge is payable.
Transaction Charges
None.
Annual Fee
$0.
Transaction Fees
Balance Transfer Fee
None.
Cash Advance Fee
None.
Foreign Transaction Fee
None.
Penalty Fees
Late Payment
Up to $35.
Over the Credit Limit Fee
None.
Returned Payment
Up to $25.
Balance Computation Method: Average Daily Balance (including new purchases)
The "Daily Balance" of a Credit Plan is determined by taking the opening balance of the Credit Plan for that day, and adding 1) any new purchase made on the
Credit Plan that day, 2) the previous day's Interest Charges, 3) any credit insurance premiums or debt cancellation fees (if applicable) incurred on that day and 4)
any late fees, over the credit limit fees, returned payment fees or other fees incurred on that day and subtracting any payments or credit applied to the Credit Plan
that day. If your Account is subject to a grace period during the billing cycle, payments made during that cycle will be subtracted from all Daily Balances in the
current cycle.
Required Insurance, Debt Cancellation or Debt Suspension Coverage: None
Disclosure of Rates: The Daily Periodic Rate which is used to determine your Interest Charges and the corresponding Annual Percentage Rate, will be variable rates
which may change monthly. The Daily Periodic Rate will be one-three hundred sixty fifth of the sum of the U.S. prime rate published in Money Rates table of The Wall
Street Journal that is in effect on the last day of the month. ("Prime Rate"), plus a "Spread" of 20.74 percentage points for the Standard Rate and a "Spread" of 23.74
percentage points for the Penalty Rate. Any changes in the Prime Rate will take effect on the first day of your billing cycle beginning in the next month.
CAPITAL ONE® CUSTOMER AGREEMENT
How We Will Calculate Your Balance: We use a method called "average
ABOUT ACCOUNT FEES & OTHER CHARGES
daily balance (including new purchases)".
FEES AND LIMITS
Billing Rights: Information on your rights to dispute transactions and
The fees that apply to your Account are shown in the purchase balance
how to exercise those rights is provided in this Cardholder Agreement.
unless otherwise stated in this Agreement.
You may pay the entire New Balance at any time.
If charging any fee shown in the chart would exceed first-year fee
NOTICE FOR MARRIED WISCONSIN RESIDENTS: No provision of a marital
limits set by law, we may charge an amount allowed by law. If we do
property agreement, unilateral statement under Section 766.59 of
this, it does not affect our ability to charge the full fee amount later.
the Wisconsin Statutes, or court order under Section 766.70 of the
LATE PAYMENT FEE
Wisconsin Statutes adversely affects the interest of the creditor unless
This fee is shown in the chart below. It is charged in any billing
the creditor, prior to the time the credit is granted, is furnished a copy
cycle that you do not pay at least the Minimum Payment Due by the
of the agreement, statement or decree or has actual knowledge of
Payment Due Date. In no event will your Late Payment Fee exceed the
the adverse provision when the obligation to the creditor is incurred.
Minimum Payment Due.
If you are married, by submitting your credit card application you are
confirming that this credit card obligation is being incurred in the
Outstanding Balance
Late Payment Fee
Late Payment Fee-if
interest of your marriage and your family. If the credit card for which
on Payment Due Date
first time your
another payment is late
you are applying is granted, you will notify the Bank if you have a spouse
who needs to receive notification that credit has been extended to you.
payment is late.
during the next 6 billing
cycles.
CARDHOLDER AGREEMENT AND DISCLOSURE STATEMENT
Up to and
$19
$19
You have been approved for a Saks Fifth Avenue credit card. This
including $100
account is issued by Capital One, N.A. (Capital One).
More than $100 and
$25
$29
INTEREST RATES INFORMATION
up to and including
Your variable Annual Percentage Rate (APR) is your Spread plus the
$300
Prime Rate, which is described in the HOW A VARIABLE RATE MAY
More than $300
$25
CHANGE section. Your Daily Periodic Rate (DPR) is described in the
$35
INTEREST CHARGES section.
OVER THE CREDIT LIMIT FEE
Rates accurate as of 11/01/2013
This fee is shown in the table on page 1 and will be charged if:
your Account balance exceeds your credit limit at any time during a
billing cycle.
APR
DPR
Spread
RETURNED PAYMENT FEE
Standard APR
23.99%
.06573%
20.74%
This fee is shown in the table on page 1. It is charged each time a
check or other form of payment to us is returned or not honored.
Penalty APR
26.99%
.07395%
23.74%
PAYMENT BY PHONE FEE
This fee:
HOW A VARIABLE RATE MAY CHANGE
may be charged each time anyone makes a payment to your
Your variable APRs can change with each monthly billing cycle.
Account with the assistance of a live phone representative; and
the amount is disclosed at the time a payment by phone is requested.
We will apply each APR to the applicable balance for each type of
transaction. Each variable APR will be equal to:
COPY REQUEST FEE
a) the amount shown in the chart ("Spread"); plus
A copy request fee may be charged each time a copy of a document is
b) the U.S. "Prime Rate" as defined below.
requested.
The Prime Rate will be as shown in the Money Rates table of The Wall
Street Journal that is in effect on the last day of the month.
The fee amount will be disclosed at the time of your request.
REISSUED CARD FEE
Any changes in the Prime Rate will take effect on the first day of your
billing cycle beginning in the next month.
You may be charged $5 each time you request that your credit card be
reissued.
An increase in the U.S. Prime Rate will increase your Daily Periodic
MINIMUM PAYMENT DUE
Rates. It may also increase your
Interest Due; and/or
You agree to pay us at least the Minimum Payment Due, reflected on your
Minimum Payment Due.
statement. If you wish, you may pay more than the Minimum Payment
Due and at any time you may pay the entire amount due. To obtain your
ABOUT THE PENALTY APR
Minimum Payment Due, we add the following amounts (1+2+3):
If you do not make your Minimum Payment Due within 60 days after
the Payment due date we may increase your APRs to the Penalty APR.
1) Any delinquent amount you owe us from a previous cycle;
If this occurs:
2) the greater of
we will provide advance notice before the Penalty APR goes into effect.
a.) 4% of your "Minimum Payment Balance" (which is your "new
once the Penalty APR goes into effect, if you make six consecutive
Balance" less balances on Special Repayment Terms Credit Plans)
on-time minimum payments when due, your rates will return to the
non-penalty APRs applicable to your Account.
or
If you do not make six consecutive on time minimum payments, we
b.) 1% of your Minimum Payment Balance plus Current billed
may keep the Penalty APR on your Account indefinitely.
Interest Charges and current Late Fees, plus the Special
Repayment Terms for any Promotional Credit Plans with Special
ABOUT INTEREST CHARGES
Repayment Terms, rounded to the next highest dollar. If this
TREATMENT OF FEES AND INTEREST
amount is less than $25, we will use $25;
Any fees or Interest will be added to your purchase balance unless
3) any debt cancellation fees attributable to Promotional Credit Plans
otherwise stated in this Agreement.
with Reduced Rate/Special Repayment Terms.
MINIMUM INTEREST CHARGE
Your monthly billing statement will include requirements for you to
If you are charged Interest, the charge will be no less than the
follow in making payments including the cut-off hour for receipt of
Minimum Interest Charge listed in the chart.
payments, which may affect crediting of your payments.
INTRODUCTION
We are not liable if:
a merchant refuses your card; and/or
KEY TERMS
we do not complete your transaction for any reason.
"You" and "your" means each Applicant:
PAYING YOUR BILL
applied for this Account bearing the name Saks Fifth Avenue; and/or
agrees to pay for the Account.
PROMISE TO PAY
"We," "us," and "our" means Capital One, N.A. located at 1111 Town
You promise to pay for all:
Center Drive, Las Vegas, Nevada 89144.
credit we extend; plus
Interest charges and other fees or charges; plus
"Applicant" means the primary Cardholder.
collection costs and attorney fees as allowed by law.
"Agreement" means all parts of this document and any future
If your Account is a joint Account, each of you is jointly and individually
supplements or amendments.
responsible for amounts due. This remains true in the event of death, divorce
or other events that affect liability between you and the other person.
"Card" means any card, card number or other device we issue to
access your Account.
If any joint Accountholder requests to not be liable for future
transactions, we may close the Account.
GETTING STARTED
The Card must be signed to be used.
SECURITY INTEREST
A "Security Interest" is our interest in an item that you buy using your
When you use the Account or sign the card or sales slips, you agree to:
Account that secures the payment of your Account.
the terms of this Agreement; plus
any amendments or supplements to the Agreement.
Except as noted below, you grant us a security interest (which we may or
may not perfect) in the following items financed using your Account:
You may close your Account at any time. Please see the Closing Your
Account section for details.
any goods you buy with your Card; and
any proceeds you get from the following:
PRIVATE LABEL ACCOUNT
a) insurance contracts, and returned premiums: and/or
If your card:
b) mechanical failures and/or
has a merchant name on it; and
c) extended service contracts.
is linked to both your bank card Account and your merchant
Each good you buy using your Account:
Account you agree to the following:
secures your entire Account balance until that good is paid in full; and
a) your bank card Account will be closed if you or we close your
may be taken from you if you do not pay on time.
merchant Account; and
b) any updates you make to either account will apply to both. These
To decide when a purchase is paid off and no longer subject to a
updates might include changes to your:
security interest, your payments will be first applied to: described in the
- name or address
"How We Apply Payments" section of this agreement.
- email address
- authorized users
Once you have fully paid for any good, we will release our purchase
c) purchases will be charged to the Private Label Account when the
money security interest in that good.
Card is used at the merchant whose name appears on the Card.
We do not take a security interest if you:
USING YOUR ACCOUNT
live in NY and the original purchase price of the good was less than $200 or
live in MD and the original purchase price of the good was less than $700.
ALLOWED USE
You agree to:
If we take back any good, we may charge you our costs and require
you to make the good available at a convenient place of our choice as
use your Account only for lawful purposes
allowed by law. This may include our cost to:
use your Account for only personal, family, household, or charitable
purposes; and
repair the good; and/or
repay us for all costs related to uses not allowed under this Agreement.
store the good; and/or
You are not allowed to use your Account:
sell the good; and/or
other costs allowed by law.
to make payments to this credit card or any other loan payments to
WHEN AND HOW TO PAY
us or our affiliates; or
for internet gambling.
You agree to:
If you have given someone permission to use the Card, this is not
pay at least the Minimum Payment Due shown on your billing
unauthorized use and you will be liable for all use by that person.
statement; and
CREDIT LIMIT
make this payment in time to be credited by no later than the
When you open your Account, we will tell you your credit limit.
Payment Due Date.
We may change this limit from time to time. Whenever this occurs, we
How your Minimum Payment Due is determined as shown in the
MINIMUM PAYMENT DUE section.
will notify you:
on your billing statement; and/or
If you wish, you may pay more than the Minimum Payment Due or the
by sending a notice.
entire balance at any time.
You agree to:
Instructions for making timely payments are shown on your billing statement.
keep your Account balance (which includes Interest and other
charges) within your credit limit; and
Payments must be:
immediately pay any over limit amount that might occur.
made in U.S. dollars; and
paid from a U.S. bank or other U.S. financial institution; and
Your available credit may not reflect your payments for up to 14 days.
sent in a form that is acceptable to us.
If a transaction would exceed your available credit limit, we may
decline it.
Acceptable forms of payment include:
a check or money order; or
USING THE ACCOUNT
an electronic funds transfer
At times we may:
decline a transaction if there is not enough available credit and for
If you want to write any special conditions on your payment, such as
any other reason and/or;
"paid in full", "without recourse", or similar language, you must:
require our Authorization before allowing a transaction.
Mark this clearly on your payment.
Payment must be marked for Special Handling and sent to:
A merchant may check your ID.
PO Box 10298, Jackson MS, 39289-0298
Unless you follow the above directions, we may accept a payment
INTEREST CHARGES
marked with special conditions and not agree to those conditions, and
will not lose any of our rights.
HOW INTEREST CHARGES ARE CALCULATED
Each billing statement shows the Interest Charges, which are
By sending us a check for payment on your Account, you authorize us
calculated separately for each:
either to:
Promotional Credit Plan with a unique due date or unique terms;
use information from your check to initiate an electronic fund
Regular Credit Plan
transfer from your payment account according to the terms of the
The total interest charge for the billing cycle is the sum of the interest charge
check; or
for each plan subject to the minimum interest charge shown in the chart.
to process this transaction as a check.
For Same As Cash Plans, if interest is applied, the interest is accrued
When we use your check to make an electronic fund transfer:
from the transaction date of the purchase through the current cycle.
funds may be withdrawn from your payment account the same day
The Interest Charge is the total of:
we receive your payment; and
the applicable Daily Periodic Rate for the current cycle times the Daily
you will not receive your check back from your bank.
Balance for each day in the current cycle; plus
the applicable Daily Periodic Rate for each prior cycle times the Daily
When you use our optional payment by phone service, you agree that:
Balances of the Credit Plan for each day during each prior cycle.
we may make an electronic funds transfer from the bank account
you choose; or
For Plans other than Same As Cash, the interest charge is the total of:
we may process the payment the same way we would process a check.
the applicable Daily Periodic Rate for the Plan times the Daily Balance
for the plan for each day in the cycle.
You authorize the amount and timing of each payment. Please retain
this authorization for your records.
HOW DAILY BALANCE IS DETERMINED
If you have a returned payment:
To determine your Daily Balance, we:
the amount you paid will be added back to your Account and may
take the opening balance for each Plan for that day; then
be applied to a different category than originally posted. (e.g.
add the following that were incurred on that day:
purchases, etc.); and
a) any new purchases
Interest Charges may be restored back to the payment date at the
b) any previous day's periodic Interest Charges
APR for that transaction.
c) any fees and charges, including any credit insurance premiums or
debt cancellation fees, if these apply; then
ACCOUNT FEES AND OTHER INTEREST RATES
subtract any payments and/or credits.
ABOUT YOUR APRs
For any Same As Cash Credit Plan:
Your APRs are shown on page 1.
Any credit insurance premiums or debt cancellation fees are not included in
A Daily Periodic Rate is used to determine your Interest Charges in any billing
the Daily Balance of that Plan during the promotional period.
cycle. To determine this rate, we divide your APR by 365; then round this
We also make any needed adjustments. For example:
number up to the next hundred thousandth of a percentage point.
If a transaction posts after but occurs before the start of a billing
PROMOTIONAL CREDIT PLANS
cycle, we may adjust the amount above to include this transaction. It
From time to time, we may offer one or more Promotional Credit
will be included as of the first day of the billing cycle in which it posts.
Plans. These may be offered to you:
If your Account is subject to a grace period during the billing cycle,
prior to your purchase; and/or
your payments will be subtracted from all Daily Balances in the
at the time of your purchase.
current billing cycle.
If a transaction for a returned payment or a dispute resolved in our
Any of these Plans may be offered at any time and are conditioned on
favor posts after the beginning of the billing cycle, we will make this
your timely payment of at least the Minimum Payment Due for each
adjustment:
billing statement:
-the applicable Daily Balance(s) and any related Interest Charges will
a) Waived Interest Charge Credit Plan
be adjusted to include the transaction amount as of the date of the
With this Plan there are no Interest Charges on your purchase for a
original payment or transaction.
specified period.
To calculate your Average Daily Balance, we:
b) Same As Cash / Monthly Payment Credit Plan
add the Daily Balances for each day of the billing cycle; then
With this Plan, there are no Interest Charges on your purchase if
divide this total by the number of days in the billing cycle.
you repay the full cash price of the purchase before the promotional
HOW TO AVOID PAYING INTEREST ON PURCHASES
expiration date shown on your billing statement.
The number of days until your Payment Due Date after the close
If you do not repay in full by the promotional expiration date, Interest
of each billing cycle is indicated in the Interest Rates and Interest
Charges will be imposed from the purchase date.
Charges section of this Agreement. We will not charge you Interest on
purchases if you pay your entire balance by the due date each month.
c) Reduced Rate Credit Plan
With this Plan, you will receive a reduced periodic rate on your
Interest charges begin on the transaction date and continue to accrue
purchase for a specified period.
until paid in full except as noted below:
d) Special Repayment Term Credit Plan
EXCEPTIONS
With this Plan special repayment terms will be applied to the purchase
1. For New Purchases and balances: No interest is charged in a billing
for the specified period.
cycle on a Regular, Reduced Rate, or Special Repayment Terms
Credit Plans if the combined Previous Balance of those Plans at the
e) Special Repayment / Reduced Rate Credit Plan
beginning of the cycle is:
With this Plan special repayment terms and a reduced periodic rate will
a) zero; or
be applied to the purchase for the specified period.
b) a credit balance (e.g., less than zero); or
Purchases that do not fall under one of these Plans are called Regular
c) paid in full before the Payment Due Date that falls during the cycle;
Credit Plan purchases.
2. For Waived Interest Charge Credit Plans: No interest is charged for the
promotional period.
If you make more than one purchase on your card, these balances may
3. For Same As Cash Credit Plans: No interest is charged if the full cash
be treated differently.
sales price is paid in full before the promotion expiration date.
Certain rules apply to the allocation of payments and interest charges
HOW WE APPLY PAYMENTS
on your promotional purchase if you make more than one purchase on
The amount of your payment that is equal to the Minimum Payment
your Card. Call 1-888-367-4310 or review the HOW WE APPLY PAYMENTS
Due is:
section of this Agreement for information.
applied as we determine within legal guidelines; and
usually applied to the minimum due on each credit plan.
Any payment amount over the Minimum Payment Due is applied to
suspend your credit privileges;
higher APR balances before lower ones.
require you to pay your entire Account balance including any
Promotional Credit Plan balances, all accrued but unpaid Interest
If you have a Same As Cash Credit Plan(s):
Charges and other charges provided for in this Agreement immediately;
Until the final two complete billing cycles:
terminate any Promotional Credit Plans and convert balances to a
- We apply payments the same way we apply payments to a Same As
Regular Credit Plan;
Cash Credit Plan having a 0% APR
change the terms of your Account;
During the final two complete billing cycles and up to the date of
sue you for what you owe.
expiration we will apply payments received in this order:
If we incur costs to collect your balance owed including any attorney
1) To the required Minimum Payment Due; and
fees, we may charge you for these costs as permitted by applicable
2) To the plan(s) that is expiring, in the order of expiration.
law, and we will apply your payments first to these costs.
MANAGING YOUR ACCOUNT
CREDIT REPORTING
You agree that we may obtain and use credit information about you
OTHER USERS
from others such as:
You may permit others to use your Card or Account Number.
merchants or stores;
You are responsible for all charges made by permitted users.
other lenders;
consumer reporting agencies.
If you wish to revoke another person's permission to use your Account,
you must notify us. We may close your Account and issue a new Card
If you believe we have reported inaccurate information about your
with a different Account number.
Account to any consumer reporting agency you should:
notify us and ask us to correct the inaccurate information by writing
UPDATING YOUR RECORDS
to us at PO Box 10298, Jackson MS, 39289-0298.
You agree:
a) to give us prompt advance notice of any change in your name,
When you write to us, tell us:
mailing address, phone number, or employer;
your Account number; and
b) to promptly give us accurate financial information about you if we
the specific information you believe is not correct; and
ask for it; and
why you believe it is not correct.
c) the Department of Motor Vehicles may release your home address to
us if we ever need it to find you.
INSURANCE
If credit insurance was offered and your accepted it: You agree that
CLOSING YOUR ACCOUNT
your Account will be charged monthly; this charge, which is called an
You can close your account at any time by mailing your request to PO
insurance premium, will be based on the Average Daily Balances of your
Box 10298, Jackson MS, 39289-0298. Your request becomes effective
Account for the billing cycle in which the premium is assessed; and the
when we receive it.
charges will begin on the transaction date(s) of your purchase(s).
Once you close the Account:
OTHER AGREEMENTS
you must destroy your card(s); and
you will still be responsible for all amounts owed according to the
ACCOUNT CLOSURE
terms of this Agreement.
At any time, for any reason, we may take any of these actions subject
to applicable law:
a) close your Account;
PROTECTING YOUR CREDIT
b) suspend your credit privileges;
c) reduce your credit limit.
LOST OR STOLEN CARD
You agree to notify us immediately if:
If we close your Account:
your Card is lost or stolen; or
Interest Charges and fees will continue to accrue until your balance
your Account is used without your permission.
is paid in full; and
You may call at any time. The phone number is listed on your billing
you agree to return or destroy your Card(s).
statement.
COMMUNICATIONS
LIABILITY FOR UNAUTHORIZED USE
We may contact you from time to time regarding your Account. We
If you notice the loss or theft of your credit card, or a possible
may contact you in any manner we choose unless the law says that we
unauthorized use of your card, you should call us at the number listed
cannot. For example, we may:
on your billing statement or the back of your card, or write to us
1) contact you by mail, telephone, email, fax, recorded message, text
immediately at:
message or personal visit;
2) contact you using an automated dialing or similar device ("Autodialer");
PO Box 10298, Jackson MS, 39289-0298
3) contact you at your home and at your place of employment;
You will not be liable for any unauthorized use that occurs after you
4) contact you on your mobile telephone;
notify us. You may, however, be liable for unauthorized use that occurs
5) contact you at any time, including weekends and holidays;
before your notice to us. In any case, your liability will not exceed $50.
6) contact you with any frequency;
7) leave prerecorded and other messages on your answering machine/
DEFAULT
service and with others; and
We may consider your Account to be in Default if you:
8) identify ourselves, your relationship with us and our purpose for
a) fail to make the Minimum Payment Due when due;
contacting you even if others might hear or read it.
b) exceed your credit limit;
c) become the subject of bankruptcy proceedings, foreclosure,
Our contacts with you about your Account are not unsolicited and
repossession, lien or judgment, garnishment, or attachment;
might result from information we obtain from you or others. We
d) give us misleading, false or incomplete information;
may monitor or record any conversation or other communication
e) fail to give us a current physical address when you apply and
with you. Unless the law says we cannot, we may modify or suppress
whenever you move;
caller ID and similar services and identify ourselves on these services in
f) make payments to us that are returned unpaid by your bank or
any manner we choose. When you give us or we obtain your mobile
other financial institution; or
telephone number, we may contact you at this number using an
g) default under any other agreement or security agreement you have
Autodialer and can also leave prerecorded and other messages. We
with us or with one of our affiliates; and/or
may do these things whether we contact you or you contact us.
h) become incompetent or deceased.
If you ask us to discuss your Account with someone else, you must
Upon default, we have the right to:
provide us with documents that we ask for and that are acceptable to us.
close your Account;
CHANGE OF TERMS
We make our credit decisions and extend credit to you under this
We may change this Agreement as allowed by applicable law. This may
Agreement from the Commonwealth of Virginia. This Agreement is:
include changing, adding, or removing terms. We may do this in response to
entered into in the Commonwealth of Virginia; and
the legal, business, competitive environment or other reasons not listed here.
maintained in the Commonwealth of Virginia.
We may increase the Interest rate on existing balances in limited
This is true whether or not you use your card in the Commonwealth of
circumstances. Changes to some terms may require at least 45 days
Virginia.
advance notice, and we will tell you in the notice if you have the right
to reject a change. We cannot change certain terms during the first
Your Billing Rights: Keep This Document For Future Use
year of your Account.
This notice tells you about your rights and our responsibilities under
ACCOUNT ASSIGNMENT
the Fair Credit Billing Act.
We may sell, assign or transfer all or any part of your Agreement and Account
What To Do If You Find A Mistake On Your Statement
without notice to you. You may not sell, assign or transfer your Account.
If you think there is an error on your statement, write to us at:
WAIVERS
If we delay or take no action allowed under this Agreement, for any
PO Box 10298, Jackson MS, 39289-0298
reason, we will not lose or limit any of our rights under this Agreement
In your letter, give us the following information:
on any other occasion.
Account information: Your name and account number.
SEVERABILITY
Dollar amount: The dollar amount of the suspected error.
If a term is found to be invalid under any applicable law, rule or
Description of problem: If you think there is an error on your bill,
regulation, then all other terms of this Agreement will remain valid.
describe what you believe is wrong and why you believe it is a mistake.
NOTICE FOR CALIFORNIA RESIDENTS: California law requires that we
You must contact us:
inform customers that should they fail to fulfill the terms of their credit
Within 60 days after the error appeared on your statement.
obligation, a negative report reflecting on their credit record may be
At least 3 business days before an automated payment is scheduled,
submitted to a credit reporting agency. If you are married, you may
if you want to stop payment on the amount you think is wrong.
apply for credit in your own name.
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
NOTICE FOR FLORIDA RESIDENTS: You (borrower) agree that, should we
and you may have to pay the amount in question.
obtain a judgment against you, a portion of your disposable earnings
may be attached or garnished (paid to us by your employer), as provided
What Will Happen After We Receive Your Letter
by Florida and Federal law.
When we receive your letter, we must do two things:
NOTICE FOR MAINE RESIDENTS: We may request a consumer report in
1. Within 30 days of receiving your letter, we must tell you that we
connection with your application for credit. You may ask whether a
received your letter. We will also tell you if we have already corrected
consumer report was obtained by us and we will tell you the name and
the error.
address of the consumer reporting agency, if a report was obtained.
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.
Missouri Residents: Oral agreements or commitments to loan
money, extend credit or to forbear from enforcing repayment of
While we investigate whether or not there has been an error:
a debt including promises to extend or renew such debt are not
We cannot try to collect the amount in question, or report you as
enforceable. To protect you (borrower(s)) and us (creditor) from
delinquent on that amount.
misunderstanding or disappointment, any agreements we reach
The charge in question may remain on your statement, and we may
continue to charge you interest on that amount.
covering such matters are contained in this writing, which is the
While you do not have to pay the amount in question, you are
complete and exclusive statement of the agreement between us,
responsible for the remainder of your balance.
except as we may later agree in writing to modify it.
We can apply any unpaid amount against your credit limit.
NOTICE FOR NEW YORK RESIDENTS: A consumer credit report may be
After we finish our investigation, one of two things will happen:
requested in connection with this application or in connection with
If we made a mistake: You will not have to pay the amount in
updates, renewals or extensions of any credit granted as a result of
question or any interest or other fees related to that amount.
this application. Upon your request, you will be informed whether or
If we do not believe there was a mistake: You will have to pay the
not such a report was requested and, if so, the name and address of
amount in question, along with applicable interest and fees. We will
the agency that furnished the report. New York residents may contact
send you a statement of the amount you owe and the date payment
the New York State Department of Financial Services to obtain a
is due. We may then report you as delinquent if you do not pay the
comparative listing of credit card rates, fees and grace periods. New
amount we think you owe.
York State Department of Financial Services: 1-800-522-3330.
If you receive our explanation but still believe your bill is wrong, you
NOTICE FOR OHIO RESIDENTS: The Ohio Laws against discrimination
must write to us within 10 days telling us that you still refuse to
require that all creditors make credit equally available to all
pay. If you do so, we cannot report you as delinquent without also
creditworthy customers and that credit reporting agencies maintain
reporting that you are questioning your bill. We must tell you the
separate credit histories on each individual upon request. The Ohio
name of anyone to whom we reported you as delinquent, and we
Civil Rights Commission administers compliance with this law.
must let those organizations know when the matter has been settled
NOTICE FOR VERMONT RESIDENTS: A consumer credit report may be
between us.
requested in connection with this application or in connection with
If we do not follow all of the rules above, you do not have to pay the
updates, renewals or extensions of any credit granted as a result of this
first $50 of the amount you question even if your bill is correct.
application. Upon your request, you will be informed whether or not
such a report was requested and, if so, the name and address of the
Your Rights If You Are Dissatisfied With Your Credit Card Purchases
agency that furnished the report.
If you are dissatisfied with the goods or services that you have
The information about the costs of the Card described in this Cardholder
purchased with your credit card, and you have tried in good faith to
Agreement and Disclosure Statement is accurate as of November, 2013. This
correct the problem with the merchant, you may have the right not to
information may have changed after that date. To find out what may have
pay the remaining amount due on the purchase.
changed write to us at 1111 Town Center Drive, Las Vegas, Nevada 89144.
To use this right, all of the following must be true:
APPLICABLE LAWS
1. You must have used your credit card for the purchase. Purchases
This Agreement is governed by the Commonwealth of Virginia law and
made with cash advances from an ATM or with a check that
federal law.
accesses your credit card account do not qualify.
2. You must not yet have fully paid for the purchase.
If all of the criteria above are met and you are still dissatisfied with the
purchase, contact us in writing at:
PO Box 10298, Jackson MS, 39289-0298
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.
BR251789 (11/13) M-110161