Important Disclosures About Your Sunbit Card 
Sunbit Card is issued by TAB Bank 

INTEREST RATES AND INTEREST CHARGES 
7.24% to 29.99% 

Annual 
Percentage 
Rate (APR) for 
Purchases  

This APR will vary with the market based on the Prime Rate.* 

How to Avoid 
Paying Interest 

Your due date is at least 26 days after the close of each billing cycle.  We will not 
charge you any interest on purchases if you pay your entire balance by the due 
date each month. 

For Credit Card 
Tips from the 
Consumer 
Financial 
Protection 
Bureau 

FEES 

Annual Fee 

Transaction Fee 

To learn more about factors to consider when applying for or using a credit card, 
visit the website of the Consumer Financial Protection Bureau at 
http://www.consumerfinance.gov/learnmore. 

None 

●  Foreign Transaction 

3% of each transaction in U.S. dollars. 

Penalty Fees 

●  Late Payment  

$19 

●  Over-the-Credit Limit 

None 

●  Returned Payment 

None 

How We Will Calculate Your Balance: We use a method called "average daily balance (including new 
purchases)."  See the "Interest Calculation; Balances Subject to Interest Rate" section of this Agreement 
for more details. 

Billing Rights: See "Billing Rights Summary" section of this Agreement for information on your rights to 
dispute transactions and how to exercise those rights. 

*Prime Rate: The Index for the variable APR is based on the Prime Rate.  The Index is 3.25% as of 
06/30/2021.  Please  refer  to  "Variable  Annual  Percentage  Rate"  section  of  this  Agreement  for  more 
details. 

APR for Purchases: The Annual Percentage Rate of 7.24% to 29.99% for Purchases is variable and is 
equal to the Prime Rate plus a margin of 3.99% to 26.74% (Daily Periodic Rate currently 0.01983562% to 
0.08216438%). 

Military Lending Act Disclosure: To receive important disclosures and payment obligation information 
about this Agreement verbally, please call 855.950.0057. 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
CARDMEMBER AGREEMENT 

General Information: This Cardmember Agreement and the Important Disclosures About Your 
Sunbit Card ("Important Disclosures") (together, the "Agreement") is the agreement for your 
Sunbit  credit  card  account  issued  by  TAB  Bank  (your  "Account").    Key  terms  are  defined 
throughout this Agreement, including in the "Definitions" section, below.  The words "we," "us," 
"our" and "TAB Bank" each mean Transportation Alliance Bank, Inc. d/b/a TAB Bank, and its 
successors and assigns.  The word "Sunbit" means Sunbit Now, LLC, dba Sunbit, the company 
that assists TAB Bank in servicing your Account.  (We may allow Sunbit and/or other third parties 
to exercise our rights on our behalf.)  The words "Cardmember," "you" and "your" each mean 
all persons whom we approve to use the Account, and any person who agrees to be responsible 
for payment of the Account.  Please keep a copy of the Agreement for your records and read it 
carefully.  

Arbitration Notice: SECTION 33 OF THIS AGREEMENT IS AN ARBITRATION PROVISION 
WHICH WILL APPLY TO YOU UNLESS (1) YOU ARE A MEMBER, OR A DEPENDENT OF A 
MEMBER,  OF  THE  ARMED  FORCES  ON  THE  DATE  YOU  OPEN  THIS  ACCOUNT,  OR 
(2) YOU  REJECT  THE  ARBITRATION  PROVISION  AS  PROVIDED  IN  SECTION  33.    IF 
APPLICABLE,  THE  ARBITRATION  PROVISION  WILL  SIGNIFICANTLY  AFFECT  YOUR 
RIGHTS IF A DISPUTE ARISES BETWEEN YOU AND US.  FOR EXAMPLE, YOU WILL NOT 
BE  ABLE  TO  BRING  OR  PARTICIPATE  IN  A  CLASS  ACTION  RELATING  TO  MATTERS 
ARISING UNDER THIS AGREEMENT. 

1. 

Definitions: The following terms as used in this Agreement mean the following: 

"Annual Percentage Rate" or "APR" means the rate, disclosed as a percentage, used to 
calculate interest charges for your Account. 

"Card" means any credit card, Account number, virtual account or other access device 
issued by us to you, or any other form of access device that can be used to access credit 
on your Account. 

"Credit  Limit"  means  the  maximum  amount  of  credit  that  can  be  accessed  using  your 
Account. 

"Daily Periodic Rate" or "DPR" means the APR divided by 365. 

"Minimum Payment Due" means the minimum amount you must pay us by the applicable 
Payment Due Date for your Account to remain in good standing.  Your Minimum Payment 
Due will be shown on each Statement. 

"Payment  Due  Date"  is  the  date  shown  on  each  Statement  by  which  you  must  pay  at 
least the Minimum Payment Due shown on such Statement.   

"Purchase" means using your Card (including through a mobile device or mobile wallet) 
to  purchase  or  lease  goods  or  services.    "Purchases"  generally  include  any  credit 
adjustments related to a Purchase. 

"Statement" means a periodic billing statement we will provide to you if and as required 
by applicable law. 

2. 

Acceptance and Use of This Account; Promise to Pay: By accepting a Card, activating 
or using the Account, or allowing someone else to do so, you agree to and accept the 
terms of this Agreement, as such terms may be changed from time to time by us.  You 
may use your Account only for personal, family, or household purposes, and not for any 
business,  commercial  or  investment  purpose.    You  should  sign  the  back  of  your  Card 

 
 
before using it.  You promise to pay us the amount of all transactions, interest, fees and 
other amounts charged to your Account.   

You may make Purchase transactions up to your Credit Limit either by presenting your 
Card to a merchant, or by using your Card or Account number over the telephone, internet 
or some other electronic method, to complete such transactions. 

Certain  mobile  phones  or  other  electronic  devices  can  be  provisioned  to  function  as  a 
Card, such as by storing and/or accessing Account data (for example, through a mobile 
wallet).  Transactions using such devices can proceed like an online transaction over the 
internet,  or  can  function  like  a  traditional  credit  card.    Any  such  electronic  device 
constitutes  a  "Card"  under  this  Agreement.    Applications  that  enable  your  electronic 
devices to function as a Card may be subject to separate terms and conditions.  We are 
not responsible if a transaction violates such terms and conditions.  However, transactions 
subject to any such terms and conditions are also subject to this Agreement. 

If  your  mobile  phone  or  other  electronic  device  can  function  as  a  Card,  you  are  solely 
responsible  for  protecting  it  in  the  same  manner  as  protecting  a  plastic  credit  card  or 
Account information.  Giving another person a device that functions as a Card and/or any 
information necessary to use the device as a Card has the same consequence for you as 
permitting such person to use your Account. 

You  may  be  able  to  establish  recurring  periodic  billing  arrangements  with  various 
merchants, and it will be your responsibility to ensure such merchants are provided with 
current Account information.  If your Account information changes, such as a change in 
Account number or Card expiration date, you consent to our providing such new Account 
information, at our discretion, to any or all such merchants, but we are not obligated to do 
so.  If your Account is closed or your charging privileges are suspended, you will need to 
contact such merchants to stop the automatic transactions. 

You  may  not  use  your  Account  for  balance  transfers,  to  obtain  cash  advances  or  for 
"quasi-cash"  transactions,  which  include,  but  are  not  limited  to,  purchases  of  wire 
transfers, money orders, traveler’s checks, foreign currency, lottery tickets, off-track bets 
and casino gambling chips.  If you are somehow able to use your Account for a transaction 
of this type, you agree to repay any amount(s) for such transactions upon demand.  

3. 

Credit Limit: Your initial Credit Limit is provided on the Card carrier accompanying this 
Agreement and is included in this Agreement by reference.  We will disclose your then-
current Credit Limit to you on each of your Statements.  You agree we may change your 
Credit Limit at any time subject to applicable law.  You agree never to use your Card when 
the use would exceed your Credit Limit, and that we are not obligated to extend credit to 
you for an amount that would cause your outstanding balance to exceed your Credit Limit, 
or for any amount if your outstanding balance is already over the Credit Limit. 

Any increases in your Credit Limit you request will require that you make either a written, 
oral or electronic application for our approval.  We will re-evaluate your financial condition, 
including your ability to make payments, if you request a higher Credit Limit (and we accept 
your request), or at any time we deem it appropriate to review your Account, and this may 
include  obtaining  a  current  credit  bureau  report,  and/or  asking  you  for  current  financial 
information.  Based on such reviews, we may immediately increase or reduce your Credit 
Limit,  or  close  the  Account,  without  prior  written  notice  to  you  except  as  required  by 
applicable law. 

If  you  make  a  transaction  that  would  cause  you  to  exceed  your  Credit  Limit,  we  may 
(a) allow  the  transaction  without  increasing  your  Credit  Limit;  (b)  allow  the  transaction 

 
 
4. 

5. 

without increasing your Credit Limit and treat that amount as immediately due, or (c) refuse 
the transaction.  If the transaction is refused, we may notify the person who attempted the 
transaction that it has been refused.  If we permit a transaction that causes an over-limit 
condition,  it  does  not  mean  that  we  will  do  so  again  in  the  future.    You  will  pay  any 
amount(s) which exceeds your Credit Limit, upon demand.  

Illegal Activities and Card Use: You agree not to use your Card or Account to engage 
in illegal activities, including, but not limited to, certain internet gambling.  If you use your 
Card or Account to engage in any illegal activity, you understand that you will nevertheless 
be  liable  for  any  resulting  transactions  made  by  use  of  your  Card  or  Account,  and  any 
related interest and fees. 

Variable  Annual  Percentage  Rate:  The  Annual  Percentage  Rate  (and  Daily  Periodic 
Rate) on this Account will vary from time to time due to changes to the "Index," plus the 
applicable percentage identified in your Important Disclosures as the margin.  The APR 
(and DPR) may change each billing cycle if the Index changes.  The Index is determined 
monthly, and is the highest U.S. Prime Rate published in the "Money Rates" section of 
The Wall Street Journal on the 28th (twenty-eighth) day of the month or, if the Index is not 
published on such date, then on the immediately following publication day.  If the Index 
has changed, the new APR (and DPR) will apply to your Account as of the first day of your 
next  billing  cycle.   If  the  APR  increases  (or  decreases),  you  will  pay  a  correspondingly 
higher  (or  lower)  interest  charge  and  may  pay  a  higher  (or  lower)  Minimum  Payment 
Due.  The Prime Rate is simply a pricing index and may not be the lowest interest rate 
available.   If  The  Wall  Street  Journal  temporarily  or  permanently  stops  publishing  the 
Prime Rate, or how the Prime Rate is defined is changed, then we may select a new third 
party source for obtaining the Prime Rate or select a substitute Index not under our control, 
in our sole discretion. 

6. 

Periodic Interest on Your Account: 

a) 

Paying Interest/When Periodic Interest Begins to Accrue: We do not charge 
periodic interest in any billing cycle if you pay the New Balance, if any, as shown 
on your prior Statement in full by the Payment Due Date shown on such Statement 
every month.  A billing cycle without periodic interest is an "Interest Free Period."  
If  your  current  Statement  indicates  that  you  made  full  payment  of  the  Previous 
Balance  (which  is  the  same  as  the  New  Balance  shown  on  your  previous 
Statement) by the Payment Due Date as shown on the previous Statement or if 
the current Statement indicates that the Previous Balance was zero or a negative 
amount, and if you also make a payment equal to the New Balance indicated on 
the current Statement by the Payment Due Date shown on the current Statement, 
then we will not charge periodic interest on any portion of the new Purchases that 
appear on the current Statement to which we allocated such payment. 

On  each  Purchase,  we  charge  periodic  interest  from  the  posting  date  of  the 
Purchase on your Statement unless such Purchase posts during an Interest Free 
Period.  If the Purchase posts during an Interest Free Period but the next billing 
cycle is not an Interest Free Period, we start charging periodic interest as of the 
first day of that next billing cycle on the portion of the Purchase, if any, that is not 
paid  by  the  Payment  Due  Date.    We  do  not  charge  periodic  interest  on  any 
Purchase  that  is  posted  during  an  Interest  Free  Period  and  paid  in  full  by  the 
Payment Due Date in the next billing cycle. 

 
 
b) 

Interest Calculation; Balances Subject to Interest Rate: We calculate periodic 
interest on your Account by multiplying the "Balance Subject to Interest Rate" by 
the DPR, and by the number of days in the billing cycle.  If you have an Interest 
Free Period for a billing cycle, the Balance Subject to Interest Rate for that billing 
cycle will be $0. 

We figure your Balance Subject to Interest Rate by (i) figuring the "daily balance" 
of Purchases for each day in the current billing cycle, (ii) adding up all such daily 
balances together and (iii) dividing the total by the number of days in the billing 
cycle.  This gives us the "average daily balance."  

We figure each "daily balance" on your Account as follows.  If a daily balance is 
less than zero, we will treat it as zero.  For each day in the billing cycle:  

(i) 

(ii) 

(iii) 

(iv) 

we  start  with  the  beginning  balance  of  Purchases  for  such  day  (which 
equals the daily balance of Purchases for the immediately preceding day), 
if any;  

as of the first day of the billing cycle, if the immediately preceding billing 
cycle  was  an  Interest  Free  Period  we  subtract  all  payments  and  credits 
applied to Purchases and posted by the Payment Due Date in the current 
billing cycle, and make any other necessary debit or other adjustments; 

we add any new Purchases, if any; and   

we subtract any payments and credits for that day that apply to Purchases 
(but  do  not  subtract  a  second  time  any  payments  or  credits  that  have 
already been subtracted in step (ii), above).   

7. 

The Military Lending Act provides protections for certain members of the Armed Forces 
and their dependents ("Covered Borrowers").  The provisions of this section apply only to 
Covered Borrowers.   

a) 

Statement  of  Military  APR:  Federal  law  provides  important  protections  to 
members of the Armed Forces and their dependents relating to extensions 
of consumer credit.  In general, the cost of consumer credit to a member of 
the  Armed  Forces  and  his  or  her  dependent  may  not  exceed  an  annual 
percentage rate of 36 percent.  This rate must include, as applicable to the 
credit  transaction  or  account:  The  costs  associated  with  credit  insurance 
premiums;  fees  for  ancillary  products  sold  in  connection  with  the  credit 
transaction; any application fee charged (other than certain application fees 
for  specific  credit  transactions  or  accounts);  and  any  participation  fee 
charged (other than certain participation fees for a credit card account).  

b) 

Oral  Disclosures:  Covered  Borrowers  may  receive  important  disclosures 
and payment obligation information about this Agreement verbally by calling 
us toll free at 855.950.0057. 

Foreign Transactions: If a Purchase is in a currency other than U.S. dollars, the payment 
network supporting your Account will convert the Purchase into U.S. dollars using its own 
currency conversion procedures.  Currently, the exchange rate is determined in one of two 
ways.  The rate will come from either the range of rates available in the wholesale currency 
markets for the processing date (which may be different from the rate the payment network 
receives) or a government-mandated rate in effect on that date.  The exchange rate used 
may differ from the rate on the date of your Purchase or its posting date.  These rules may 
change without notice. 

8. 

 
 
9. 

Foreign  Transaction  Fee:  A  "Foreign  Transaction  Fee"  will  be  applied  to  each 
Purchase that occurs using a currency other than U.S. dollars (regardless of the location 
of the merchant or where the Purchase takes place) or that takes place outside the United 
States.  The Foreign Transaction Fee is disclosed on the Important Disclosures and will 
be displayed as a separate transaction on your Statement.  A Foreign Transaction Fee 
will be applied to your Account as part of the applicable balance category for which the 
Foreign Transaction Fee was incurred when the transaction is posted.   

10. 

Other Fees:   

a) 

b) 

Late  Payment  Fee:  Your  Minimum  Payment  Due  will  be  past  due  if  it  is  not 
received at the address we specify for payments on your Statement by 5:00 p.m. 
Pacific Time on the Payment Due Date shown on your Statement. We will charge 
a Late Payment Fee of $19 if we do not receive a Minimum Payment Due by 5:00 
p.m. Pacific Time on the 10th day after its Payment Due Date. 

However, we will not charge a Late Payment Fee if, immediately after the passage 
of  those  10  days,  the  outstanding  portion  of  such  Minimum  Payment  Due  is  less 
than $19. 

Document Copies, Rush Card and Other Convenience Fees: If you request a 
copy of a charge slip or other document not in connection with a billing error, or if 
you request overnight delivery or a replacement card, or if you request any other 
special services, we may charge a fee to your Account, subject to applicable law.  
Before we do, we will disclose the fee to you at the time of your request.  

11.  Minimum  Payment  Due;  Making  Payments:  We  generally  calculate  your  Minimum 
Payment Due so that, if you timely make payments equal to the Minimum Payment Due 
each month, there are no Purchase-related transactions on your Account and the Prime 
Rate  does  not  change,  your  payments  will  be  substantially  equal  and  will  pay  off  your 
outstanding balance of Purchases and accrued interest within 36 months. 

Specifically,  on  the  monthly  statement  we  produce  at  the  end  of  a  billing  cycle  (the 
“Statement Cycle”), we will compute and show your Minimum Payment Due for the next 
billing cycle (the “Payment Cycle”), as follows: 

•  We take your total outstanding balance (including interest and fees) as of the end 
of the billing cycle in which (i) you last made or returned a Purchase, (ii) you paid 
any amount (even a penny) in excess of the Minimum Payment Due, (iii) the Index 
changed, (iv) an amount related to a Purchase was refunded to your Account or 
(v) at our election, a dispute regarding a transaction was opened or closed (each 
such event, a “Computation Event” and the date of the statement for the billing 
cycle with a Computation Event, the “Computation Date”).  

• 

If there was a Computation Event in the Statement Cycle, we subtract any 
amounts that are past due as of the Computation Date and any Late Payment 
Fee assessed in such Statement Cycle. 

•  We then calculate the substantially equal amounts that would repay the resulting 
balance plus interest assuming timely payments of the Minimum Payment Due in 
the 36 billing cycles that follow the Computation Date (the “Repayment Period”). 
We may (or may not) make one or more simplifying assumptions in making this 
computation, including that: (i) all Payment Due Dates are business days, (ii) all 
months  have  the  same  number  of  days,  and  (iii)  interest  accrues  on  principal, 

 
 
interest and fees (not just principal).  (We do not make any simplifying assumptions 
in computing interest, as opposed to computing the Minimum Payment Due, and 
only charge interest on the principal amount outstanding for the actual number of 
days outstanding.) 

•  We round this amount up or down to the nearest penny. 

• 

Finally, regardless of whether there was a Computation Event in the Statement 
Cycle, we add any past due amounts and any Late Payment Fee assessed in the 
Statement Cycle. 

This gives us the Minimum Payment Due for the current billing cycle.   

However:  (1)  If  this  calculation  results  in  an  amount  of  less  than  $25,  your  Minimum 
Payment Due will be equal to $25.  (2) In no event will your Minimum Payment Due exceed 
the New Balance shown on your Statement. (3) For any billing cycles immediately after 
the Repayment Period, your Minimum Payment Due will equal the amount outstanding at 
the end of the Statement Cycle (which could include principal amounts, interest and fees). 
For  example,  if  your  APR  is  15%,  you  have  billing  cycles  that  begin  on  the  15th  of  the 
month and end on the 14th of the next month, you have a $0 balance on your Account as 
of January 15 and you make $3,600 in purchases (net of any rewards you may earn) on 
February 1, the Computation Date will initially be February 14.  The Minimum Payment 
Due  shown  on  your  February  14  periodic  statement  and  the  following  35  periodic 
statements (assuming that, for each billing cycle in the Repayment Period you pay exactly 
the  Minimum  Payment  Due  exactly  on  time  and  there  is  no  subsequent  Computation 
Event) would be roughly $125. If you were to return $600 of the $3,600 in purchases on 
February 15 (i.e., the first day of the next billing cycle) and timely make the $125 Minimum 
Payment Due in that billing cycle, March 14 will be a new Computation Date for a new 36-
cycle Repayment Period.  The Minimum Payment Due shown on your March 14 periodic 
statement and the following 35 periodic statements (assuming that, for each billing cycle 
in the new Repayment Period you pay exactly the Minimum Payment Due exactly on time 
and there is no subsequent Computation Event) would be roughly $100.  

You agree to make your payments only in U.S. dollars.  In our discretion, we may delay 
increasing your available credit by the amount of any payment until we determine that your 
payment has been indefeasibly collected.  You agree that we are not obligated to accept 
payment checks drawn on a financial institution that is outside of the U.S. or that do not 
contain proper signatures and amounts.  If you present and we accept a check drawn on 
a  non-U.S. financial institution, posting of your payment will be delayed.  You agree to 
allow us, at our discretion, to place a hold on your Account until a check drawn on a non-
U.S. financial institution has been finally collected, and to debit your deposit account or to 
reduce  your  payment,  to  cover  any  collection  and  processing  fees  associated  with 
handling  such  checks.    We  reserve  the  right  to  reject  any  payment  that  will  create  or 
increase a credit balance on your Account as of the date we receive the payment.  We will 
not pay interest on any credit balance on your Account. 

Payment received at the address we specify for payments on your Statement in proper 
form by 5:00 p.m. Pacific Time on a business day will be credited to your Account as of 
that day.  Payments received in proper form at this address after that time will be credited 
to your Account as of the next business day.  We may, in our discretion, accept payments 

 
 
 
12. 

13. 

14. 

15. 

not  received  in  proper  form,  but  crediting  of  such  payments  may  be  delayed  up  to  five 
days following receipt. 

When you provide a check as payment, you authorize us either to use information from 
your check to make a one-time electronic fund transfer ("EFT") from your deposit account 
or to process the payment as a check transaction.  When we use information from your 
check to make an EFT, funds may be withdrawn from your deposit account as soon as 
the same day we receive your payment, and you will not receive your check back from 
your financial institution.  If your check is returned unpaid for insufficient or uncollected 
funds, we may re-present your check electronically. 

Irregular Payments: We may accept late payments, partial payments, disputed payments 
or  payments  marked  with  restrictive  writing,  such  as  "Paid  in  Full"  or  similar  language, 
without losing any of our rights under the Agreement.  If you wish to make a payment in 
satisfaction of a disputed amount or balance, you must send it to TAB Bank, c/o Sunbit, 
Attn:  Legal  Department,  PO  Box  24010,  Los  Angeles,  CA  90024  with  a  letter  of 
explanation.  Despite any such language, we may deposit such a payment without such 
deposit satisfying the amount in dispute or otherwise affecting our right to receive payment 
in full. 

You may not use a post-dated check as a payment, and we may return or deposit any 
such check without waiting for the date found on the check.  We are not liable to you for 
any expense or loss you incur arising from the actions we may take with respect to a post-
dated check. 

Allocation  of  Payments:  We  will  allocate  payments  and  other  credits  in  our  sole 
discretion, subject to applicable law.  As required by law, we will apply payments in excess 
of the Minimum Payment Due to outstanding balances with higher APRs, if any, before 
outstanding balances with lower APRs, if any.  The method we use to allocate payments 
may result in your paying higher periodic interest. 

Amendments:  Subject to applicable law, we may change the terms of this Agreement 
for  any  reason  or  no  reason,  and  in  any  respect,  by  adding,  deleting  or  modifying  any 
provision, including APRs, fees, the calculation of Minimum Payment Due and other terms.  
In  certain  circumstances,  when  we  are  required  by  law  to  notify  you  of  changes  to  the 
terms of this Agreement, we will do so.  In other circumstances we may not be required to 
do  so.    When  required  by  law  to  advise  you  that  you  have  a  legal  right  to  reject  any 
changes we make, we will provide an explanation about how to do that.  Changes will not 
apply  to  existing  balances  except  where  permitted  by  applicable  law.    In  some 
circumstances, APRs or other aspects of your Account may change even though the terms 
of the Account do not change, such as when the Prime Rate changes.  We can update 
any address or telephone number provided in this Agreement, but we will notify you if we 
do so. 

Events  of  Default:  We  may  declare  you  to  be  in  default  under  this  Agreement,  to  the 
extent  permitted  by  law,  if  any  of  the  following  events  occur:  (a)  you  fail  to  pay  any 
Minimum Payment Due on or before its Payment Due Date; (b) you breach any other term 
of this Agreement or of any other obligation or agreement you have or will have with us or 
any  of  our  affiliates;  (c)  you  die  or  become  insolvent;  (d)  a  petition  is  filed  or  other 
proceeding is started under the federal Bankruptcy Code or any state insolvency statute 
by  or  against  you;  (e)  a  receiver  is  appointed  or  a  writ  or  order  of  attachment,  levy  or 
garnishment is issued against you or any of your property assets or income; (f) we believe 
in good faith, that the likelihood of your paying or performing all your obligations under this 
Agreement is impaired; or (g) you make a fraudulent, false or misleading statement in your 

 
 
Account application or otherwise in connection with any other obligation or agreement you 
have with us or any of our affiliates. 

IDAHO, IOWA, KANSAS, MAINE AND SOUTH CAROLINA RESIDENTS ONLY: We may 
declare you to be in default if you fail to make a payment as required by this Agreement 
(or  within  10  days  of  the  time  required  by  this  Agreement,  for  Iowa  residents)  or  if  the 
prospect of your payment or performance is significantly impaired (for Iowa residents, if, 
following an event of default, the prospect of your payment is materially impaired).  We 
have  the  burden  of  establishing  the  impairment  of  such  prospect  of  payment  or 
performance. 

WISCONSIN RESIDENTS ONLY: We may declare you to be in default (a) if you permit to 
be  outstanding  an  amount  exceeding  one  full  payment  which  has  remained  unpaid  for 
more than 10 days after its scheduled due date or deferred due date, or if you fail to pay 
the first payment or last payment within 40 days of its scheduled due date or deferred due 
date or (b) if you fail to observe any other provision of this Agreement, the breach of which 
materially impairs your ability to pay the amounts due under the Agreement. 

Remedies on Default: If you are in default, we may (a) declare all or any part of the total 
outstanding balance on your Account to be immediately due and payable; (b) terminate or 
suspend  your  Account  and/or  your  ability  to  make  additional  transactions  using  the 
Account;  (c) reduce  your  Credit  Limit;  (d)  commence  an  action  for  the  collection  of  all 
amounts owed in connection with this Agreement; and (e) subject to applicable provisions 
of law, charge you all reasonable collection expenses incurred by us in the collection of 
amounts you owe under this Agreement, including fees of attorneys, court costs (including 
costs incurred in bankruptcy and appellate court proceedings) and fees of any collection 
agency to which we refer your Account. 

16. 

17.  Waiver:  We  may  delay  or  waive  enforcing  our  rights  under  applicable  law  or  this 
Agreement  without  losing  them.    A  waiver  of  rights  by  us  shall  not  be  deemed  to  be  a 
waiver of other rights or of the same rights at any other time. 

18. 

19. 

20. 

21. 

Transfer of Account: You cannot transfer or assign your Account or your rights under 
this Agreement to any other person, and any attempt to do so is automatically void and of 
no legal effect.  You understand and agree that we may transfer or assign all or any part 
of your Account balance and/or our rights under this Agreement at any time and without 
notice to you. 

Cancellation: You may close your Account by notifying us in writing or by telephone, and 
by  destroying  all  Card  plastics  or  other  credit  devices  for  the  Account.  You  must  notify 
anyone you have authorized to charge transactions to your Account that you have closed 
your Account or we may continue to allow these transactions.  Your obligations on the 
Account  will  continue  even  though  we  have  closed  your  Account.    We  may  close  your 
Account or suspend your ability to use your Account or Card, or otherwise cancel, or limit 
this Agreement at any time for any reason or no reason, and without notice to you, subject 
to applicable law.  We are not liable for any refusal by anyone to honor your Account or 
Card. 

Liability for Account: Except as otherwise noted herein, you are liable for all amounts 
due under this Agreement regardless of who receives benefit from the Account. 

Other  Users  of  your  Account:  If  you  permit  another  person  to  use  your  Account  by 
providing such person with a Card or the Account number, your permission will be deemed 
to  extend  to  all  transactions  made  by  that  person,  and  will  continue  until  you  take  the 
necessary  steps  to  prevent  such  person  from  making  further  transactions  using  the 

 
 
Account.  You will be obligated to pay all transactions made by any person you permit to 
use your Account, as well as all related interest and fees, whether or not you intended to 
be responsible for such charges.   

22. 

Liability for Unauthorized Use: If you notice the loss or theft of your Card or a possible 
unauthorized use of your Account or Card, you should write to us immediately at: TAB 
Bank c/o Sunbit, PO Box 24010, Los Angeles, CA 90024. You will not be liable for any 
unauthorized use that occurs after we receive your notice.  

23. 

We issue the Card to you at your request and you agree to destroy it upon demand. You 
will notify us promptly if your Card is lost, stolen or if there is unauthorized use of your 
Card  or  Account,  or  if  someone  uses  your  Card  or  Account  to  make  unauthorized 
purchases at merchants not authorized to accept your Card or Account.  Under our no 
fraud liability policy, you will not be liable for any unauthorized purchases made through 
the Visa® network at merchants, including those transacted on the internet if you contact 
us  promptly  after  the  Statement  on  which  the  transaction  occurred  was  mailed  or 
electronically sent to you.  If you orally give us notice concerning loss or theft, you agree 
to confirm such notice in writing upon request.  Also, you agree to assist us in determining 
the facts and circumstances relating to any loss, theft or possible unauthorized use of your 
Card or Account, and to comply with such procedures as we may reasonably require in 
connection with our investigation.  You agree that unauthorized use does not include use 
by a person to whom you have given authority to use the Card or Account, and that you 
will be liable for all use by such a person until you notify us that such authority to use the 
Card or Account is no longer authorized. To terminate that authority, you must notify us at 
855-678-6248. 

Credit Reports and Account Information: You give us permission to request information 
and  to  make  whatever  inquiries  we  consider  necessary  and  appropriate  (including 
obtaining information from third parties and requesting consumer reports from consumer 
reporting agencies) for the purpose of considering your application for this Account and 
subsequently, in connection with any product upgrades or any updates, renewals, credit 
limit increases or extensions of credit, or reviewing or collecting your Account.  You also 
authorize us to report information concerning you or your Account, including information 
about your performance under this Agreement, to consumer reporting agencies and others 
who  may  properly  receive  such  information.   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 bureau report.  If you believe that any 
information that we have reported to a credit bureau is inaccurate or incomplete, 
you may write to us at TAB Bank c/o Sunbit, PO Box 24010, Los Angeles, CA 90024.  
In  your  letter,  (a) provide  your  name  and  the  Account  number,  (b) identify  the 
specific information that is being disputed, (c) explain the basis for the dispute, and 
(d) provide any supporting documentation you have that substantiates the basis of 
the dispute.  We will investigate the matter.  If our investigation shows that you are 
right,  we  will  contact  each  credit  reporting  agency  to  which  we  reported  the 
information and will request they correct the report.  If we disagree with you after 
our investigation, we will tell you in writing. 

If you believe that you have been the victim of identity theft, submit an identity theft 
report and affidavit to TAB Bank c/o Sunbit, PO Box 24010, Los Angeles, CA 90024. 

24. 

Change  of  Contact  Information:  You  agree  to  notify  us  promptly  if  you  change  your 
name, address, telephone number or any other contact information.  You also agree that 
if the U.S. Postal Service or one of its agents notifies us of a change in address for you, 

 
 
25. 

26. 

27. 

28. 

we may change your address based on this information.  We will have no liability to you 
for changing your address based on such information, even if the information provided by 
the U.S. Postal Service or one of its agents is in error.  If any Statement is returned to us 
because  of  an  incorrect  address,  we  may  stop  sending  Statements  to  you  until  a  valid 
address is provided to us, but for all purposes it shall be considered as if we made your 
Statement available to you as of the Statement date that was or would have been printed 
on your Statement. 

Telephone  Communication  Monitoring  and  Contacting  You:  You  agree  that  your 
telephone  communications  with  us  or  any  of  our  representatives,  affiliates  or  service 
providers  may  be  monitored,  recorded  and  retained  by  any  of  them.    You  expressly 
consent and authorize us, our representatives, affiliates, agents and service providers to 
contact you at any telephone number you provide to us, in the application or otherwise, 
now  or  in  the  future,  or  any  number  you  have  previously  provided  to  us,  or  any  of  our 
representatives,  affiliates  or  service  providers,  using  an  auto  dialer,  pre-recorded 
messages, or text messages, in order to provide alerts and other information regarding 
your current or future applications and accounts for all products you have or may have 
with us.  Message and data rates may apply.  You also expressly consent to TAB Bank, 
or  any  of  its  representatives,  affiliates  or  service  providers  sending  email  messages 
regarding your Account to your email address, including emails delivered to a cell phone 
or mobile device.  You agree that you will accept calls at your home, place of business or 
on  a  mobile  telephone  regarding  the  Account.  You  understand  that  calls  may  be 
automatically dialed and a message played; you understand and agree that these calls 
and messages may be read or listened to by anyone with access to your telephone or 
email account, and that such calls are not "unsolicited calls" for purposes of any state or 
federal law, and you expressly consent to receive such calls and messages.  You agree 
that we are not liable for any resulting breach of privacy or for any charges or costs you 
incur in connection with text messaging, emails or other communication that we or any of 
our  representatives,  affiliates  or  service  providers  may  send  you.    You  agree  that  this 
authorization constitutes a bargained for exchange. To the extent you have the right under 
applicable law to revoke this authorization, you agree you may so only by writing to us at 
TAB Bank c/o Sunbit, PO Box 24010, Los Angeles, CA 90024 or support@sunbit.com. 

Communications  Under  Federal  Bankruptcy  Code:  Any  communication  with  us 
required or permitted under the Federal Bankruptcy Code must be in writing, must include 
your  Account  number,  and  must  be  sent  to  TAB  Bank  c/o  Sunbit,  PO  Box  24010,  Los 
Angeles, CA 90024. 

Rewards, Special Programs and Benefits: We or Sunbit may offer from time to time 
rewards  or  special  programs  and  benefits  ("Programs")  for  Cardmembers.    This 
Agreement  will  apply  to  these  Programs  except  to  the  extent  it  is  inconsistent  with  the 
specific offer.  The features of these Programs will vary and use of the Account under the 
terms  of  these  Programs  constitutes  acceptance  of  the  terms  of  the  Programs  without 
modifying or amending this Agreement. 

GOVERNING LAW; CLASS ACTION WAIVER: THE TERMS AND ENFORCEMENT OF 
THIS  AGREEMENT  AND  YOUR  ACCOUNT  SHALL  BE  GOVERNED  AND 
INTERPRETED  IN  ACCORDANCE  WITH  FEDERAL  LAW  AND,  TO  THE  EXTENT 
STATE LAW APPLIES, THE LAW OF THE STATE OF UTAH, WITHOUT REGARD TO 
CONFLICT-OF-LAW PRINCIPLES. THE LAW OF THE STATE OF UTAH, WHERE WE 
AND YOUR ACCOUNT ARE LOCATED AND FROM WHICH WE EXTEND CREDIT TO 
YOU, WILL APPLY NO MATTER WHERE YOU LIVE OR USE THE ACCOUNT.  YOU 
EXPRESSLY  WAIVE  YOUR  RIGHT  TO  INITIATE  OR  PARTICIPATE  IN  A  CLASS 

 
 
ACTION RELATED TO THIS AGREEMENT PURSUANT TO UTAH CODE ANN. § 70C-
3-104. 

29.  Waiver  of  Jury  Trial:  You  acknowledge  that  the  right  to  trial  by  jury  is  a 
constitutional  right  but  may  be  waived  in  certain  circumstances.    To  the  extent 
permitted by law, you knowingly and voluntarily waive any right to trial by jury in 
the  event  of  litigation  arising  out  of  or  related  to  this  Agreement.    This  jury  trial 
waiver shall not affect or be interpreted as modifying in any fashion the Arbitration 
Provision below, which has its own separate jury trial waiver.  This waiver does not 
apply if you are a Covered Borrower under the Military Lending Act at the time this 
Account is originated. 

30. 

31. 

32. 

Enforceability: Subject to and except as otherwise provided in the Arbitration Provision, 
if any term of this Agreement is finally determined to be void or unenforceable by a court 
or government agency of competent jurisdiction, that term will continue to be enforceable 
to the extent allowed by such court of agency, and the remainder will no longer be a part 
of this Agreement.  All other provisions of this Agreement will remain in effect.  

Agreement in Writing: This Agreement (including this Cardmember Agreement and the 
Important Disclosures), is the final expression of the agreement between you and us and 
it may not be contradicted by evidence of an alleged oral agreement.   

Unsecured  Line  of  Credit:  Notwithstanding  any  language  in  any  agreement  to  the 
contrary, this Account and this Agreement, and your obligation to pay amounts due under 
this Agreement, are not secured, and any security interest which might otherwise exist 
with respect to the Account or Agreement is hereby waived by us. 

33. 

ARBITRATION PROVISION: 

This ARBITRATION PROVISION does not apply if you are a Covered Borrower under the 
Military Lending Act at the time this Account is opened. 

To the extent permitted under federal law, you and we agree that either party may elect to 
arbitrate – and require the other party to arbitrate – any Claim under the following terms. 

A. 

B. 

RIGHT  TO  REJECT:  You  may  reject  this  Arbitration  Provision  by  mailing  a 
personally  signed  rejection  notice  to  TAB  Bank  c/o  Sunbit,  PO  Box  24010,  Los 
Angeles, CA 90024, certified mail, return receipt requested, within 60 days after 
your receipt of the Card after your Account is opened.  Any Rejection Notice must 
include your name, address, telephone number and Account number.  No other 
person may submit a rejection notice for you.  If you send a rejection notice we will 
give you a credit for the standard cost of a letter sent by certified mail. Rejecting 
this Arbitration Provision will not affect any other provision of this Agreement. 

IN  A  CLASS  ACTION 

IMPORTANT WAIVERS: If you or we elect to arbitrate a Claim, YOU AND WE 
BOTH  WAIVE  THE  RIGHT  TO:  (1)  HAVE  A  COURT  OR  JURY  DECIDE  THE 
CLAIM;  (2)  PARTICIPATE 
IN 
ARBITRATION,  WHETHER  AS  A  CLASS  REPRESENTATIVE,  CLASS 
MEMBER OR OTHERWISE; (3) ACT AS A PRIVATE ATTORNEY GENERAL IN 
COURT  OR  IN  ARBITRATION;  OR  (4)  JOIN  OR  CONSOLIDATE  CLAIM(S) 
WITH  CLAIMS  INVOLVING  ANY  OTHER  PERSON  IN  COURT  OR  IN 
ARBITRATION. Other rights are more limited in arbitration than in court or 
are not available in arbitration.  The waivers in items (2)-(4) above are called 
the  "Class  Action  and  Multi-Party  Waivers."    The  arbitrator  shall  have  no 
authority to conduct any arbitration inconsistent with the Class Action and 

IN  COURT  OR 

 
 
Multi-Party Waivers or to issue any relief that applies to any person or entity 
except you or us individually. 

C. 

DEFINITIONS:  In this Arbitration Provision, the following definitions will apply:  

"You," "your" and "yours" mean all persons whom we approve to accept or use 
the  Account,  and  any  person  who  agrees  to  be  responsible  for  payment  of  the 
Account, and the heirs, executors and assigns of all of the foregoing. "We," "us," 
"our" and "ours" mean TAB Bank; Sunbit; and any servicer or any agent acting on 
behalf  of  TAB  Bank  or  Sunbit;  all  of  their  parents,  wholly  or  majority  owned 
subsidiaries  and  other  affiliates;  any  predecessors,  successors,  and  assigns  of 
these entities; and all officers, directors, employees, agents, controlling persons 
and representatives thereof.  These terms also include any party named as a co-
defendant with us in a Claim (as defined below) asserted by you, such as a credit 
reporting agency, a merchant accepting a credit card, a servicing company or a 
debt collector.  "Claimant" means the party who asserts or seeks to assert a Claim 
in a lawsuit or arbitration proceeding.  "Administrator" means either the American 
Arbitration  Association  (the  "AAA"),  120  Broadway,  Floor  21,  New  York,  NY 
10271,  www.adr.org,  or  JAMS,  620  Eighth  Avenue,  34th  Floor,  New  York,  NY 
10018, www.jamsadr.com, provided that, if the Claimant seeks to assert a Claim 
in a class or multi-party basis, the Administrator must not have in place a formal or 
informal policy that is inconsistent with and purports to override the Class Action 
and Multi-Party Waivers set forth above (see the above Section B.).  The Claimant 
will select the Administrator by filing a Claim with the Administrator of that party's 
choice.  (If a Claimant files a lawsuit in court asserting Claim(s) that are subject to 
arbitration and the other party files a motion to compel arbitration, which is granted, 
it will be up to the Claimant to commence the arbitration proceeding.)  If for any 
reason  the  selected  Administrator  is  unable  or  unwilling  to  serve  or  continue  to 
serve as Administrator, the other company will serve as Administrator.  If neither 
the  AAA  nor  JAMS  is  able  or  willing  to  serve  as  Administrator,  you  and  we  will 
mutually  agree  upon  an  Administrator  or  arbitrator,  or  the  court  will  appoint  the 
Administrator  or  arbitrator  or  arbitrators  (in  the  case  of  a  three-arbitrator  panel 
provided  for  in  Section  H.,  below),  subject  to  the  limitations  set  forth  above 
regarding the Class Action and Multi-Party Waivers. 

A "Claim" means any legal claim, dispute or controversy between you and us that 
arises from or relates in any way to this Agreement, including, but not limited to, 
any dispute arising before the date of this Arbitration Provision and any dispute 
relating to: (1) any Card; (2) your Account; (3) any transaction in your Account; 
(4) fees,  charges  or  interest;  (5)  the  events  leading  up  to  the  Agreement  (for 
example, any disclosure, advertisement, application, solicitation, promotion or oral 
or written statement, warranty or representation made by us); (6) an application for 
or denial of credit; (7) credit reporting; (8) benefit programs related to your Account; 
(9) any product or service provided by or through us or third parties in connection 
with the Agreement and any associated fees; (10) the collection of amounts due 
and  the  manner  of  collection;  (11)  our  use  or  failure  to  protect  any  personal 
information  you  give  us  in  connection  with  this  Agreement;  (12)  enforcement  of 
any  and  all  of  the  obligations  a  party  hereto  may  have  to  another  party; 
(13) compliance with applicable laws and/or regulations; or (14) the relationships 
resulting from the Agreement or any of the foregoing.  "Claim" has the broadest 
possible  meaning.    It  includes  initial  claims,  counterclaims,  cross-claims,  third-

D. 

 
 
party claims and federal, state, local and administrative claims and claims which 
arose  before  the  effective  date  of  this  Arbitration  Provision.    It  also  includes 
disputes  based  upon  contract,  tort,  consumer  rights,  fraud  and  other  intentional 
torts,  constitution,  statute,  regulation,  ordinance,  common  law  and  equity  and 
claims for money damages and injunctive or declaratory relief.  However, "Claim" 
does not include any individual action brought by you in small claims court or your 
state's equivalent court, unless such action is transferred, removed, or appealed 
to a different court.  Also, "Claim" does not include disputes about the validity, 
enforceability,  coverage  or  scope  of  this  Arbitration  Provision  or  any  part 
thereof  (including,  without  limitation,  this  sentence,  the  Class  Action  and 
Multi-Party Waivers or, subparts (A) and (B) of Section K. below, captioned 
"SEVERABILITY"); all such disputes are for a court and not an arbitrator to 
decide.  Notwithstanding  the  foregoing,  the  term  "Claim"  includes  any 
dispute  about  the  validity  or  enforceability  of  this  Agreement,  as  a  whole; 
any such Claim is for the arbitrator, not a court, to decide. 

ELECTING OR REQUIRING ARBITRATION: The Claimant may elect arbitration 
of a Claim by initiating an arbitration in accordance with the Administrator's rules.  
The  other  party  may  elect  arbitration  by  giving  written  notice  of  an  election  to 
arbitrate.  This notice may be given after a lawsuit has been filed and may be given 
in papers or motions in the lawsuit.  If such a notice is given, the Claim shall be 
resolved by arbitration under this Arbitration Provision and the applicable rules of 
the  Administrator  then  in  effect.    It  will  be  up  to  the  Claimant  to  commence  the 
arbitration proceeding.  Even if all parties have opted to litigate a Claim in court, 
you or we may elect arbitration with respect to any Claim made by a new party or 
any  Claim  later  asserted  by  a  party  in  that  or  any  related  or  unrelated  lawsuit 
(including  a  Claim  initially  asserted  on  an  individual  basis  but  modified  to  be 
asserted on a class, representative or multi-party basis).  Nothing in that litigation 
shall  constitute  a  waiver  of  any  rights  under  this  Arbitration  Provision.    The 
arbitrator will be selected under the Administrator's rules, except that the arbitrator 
must be a lawyer with at least ten years of experience or a retired judge, unless 
you and we agree otherwise. 

LOCATION AND COSTS: Any arbitration hearing that you attend will take place 
in a location that is reasonably near your residence or in another location agreed 
to by you and us.  We will consider (and generally honor) any good faith request 
to bear the fees charged by the Administrator and the arbitrator.  We will pay the 
reasonable  and  actual  expense  of  our  attorneys,  experts  and  witnesses, 
regardless  of  which  party  prevails  in  the  arbitration,  and  we  will  pay  all  such 
reasonable and actual fees of yours if you prevail in an arbitration where you are 
the Claimant (even if we are not required to pay such fees under applicable law). 
We will also pay all such fees we are required to bear: (a) under applicable law; or 
(b) in order to enforce this Arbitration Provision. 

E. 

F. 

G. 

DISCOVERY; GETTING INFORMATION: Either party may obtain from the other 
party prior to the hearing any information available under the Administrator's rules 
or any relevant information the arbitrator determines should in fairness be made 
available. 

H. 

EFFECT OF ARBITRATION AWARD: Any state or federal court with jurisdiction 
and venue may enter an order enforcing this Arbitration Provision, enter judgment 

 
 
upon the arbitrator's award and/or take any action authorized under the Federal 
Arbitration  Act,  9  U.S.C.  §§1  et  seq.  (the  "FAA").    For  any  arbitration-related 
proceedings in which courts are authorized to take actions under the FAA, each 
party hereto expressly consents to the non-exclusive jurisdiction and venue of any 
state  court  of  general  jurisdiction  or  any  state  court  of  equity  that  is  reasonably 
convenient to you, provided that the parties to any such judicial proceeding shall 
have the right to initiate such proceeding in federal court or remove the proceeding 
to federal court if authorized to do so by applicable federal law.  The arbitrator's 
award will be final and binding, except for: (1) any appeal right under the FAA; and 
(2) Claims involving more than $50,000.  For Claims involving more than $50,000 
(including claims where the cost of any requested injunctive or declaratory relief 
would potentially exceed $50,000), if permitted by the rules of the Administrator, 
any  party  may  appeal  the  award  to  a  three-arbitrator  panel  appointed  by  the 
Administrator, which will reconsider de novo any aspect of the initial award that is 
appealed.  The panel's decision will be final and binding, except for any appeal 
right under the FAA.  Costs of any appeal will be governed by Section F. above.  
No  arbitration  award  involving  the  parties  will  have  any  preclusive  effect  as  to 
issues  or  claims  in  any  dispute  involving  anyone  who  is  not  a  party  to  the 
arbitration,  nor  will  an  arbitration  award  in  prior  disputes  involving  other  parties 
have preclusive effect in an arbitration between the parties to this Agreement. 

GOVERNING LAW: This Arbitration Provision is made pursuant to a transaction 
involving interstate commerce and shall be governed by the FAA, and not by any 
state law concerning arbitration.  The arbitrator shall follow applicable substantive 
law  to  the  extent  consistent  with  the  FAA,  applicable  statutes  of  limitation  and 
applicable privilege rules, and shall be authorized to award all remedies permitted 
by  applicable  substantive  law,  including,  without  limitation,  compensatory, 
statutory and punitive damages (subject to constitutional limits that would apply in 
court), declaratory, injunctive and other equitable relief, and attorneys' fees and 
costs.    Upon  the  timely  request  of  either  party,  the  arbitrator  shall  write  a  brief 
explanation  of  the  basis  of  his  or  her  award.    The  arbitrator  will  follow  rules  of 
procedure and evidence consistent with the FAA, this Arbitration Provision and the 
Administrator's rules. 

SURVIVAL; PRIMACY: This Arbitration Provision shall survive your full payment 
of amounts due on your Account under the Agreement; termination or cancellation 
of the Agreement; our sale, assignment or transfer of the Agreement, the Account 
or any Account receivables; any legal proceeding to collect a debt owed by you; 
any  bankruptcy  or  insolvency;  and  any  postponement  of  payments,  waiver  of 
payments or modification granted pursuant to the Agreement.  In the event of any 
conflict or inconsistency between this Arbitration Provision and the Administrator's 
rules or the Agreement, this Arbitration Provision will govern. 

SEVERABILITY:  If  any  portion  of  this  Arbitration  Provision  cannot  be  enforced, 
the rest of the Arbitration Provision will continue to apply, except that (A) the entire 
Arbitration Provision (other than this sentence) shall be null and void with respect 
to any Claim asserted on a class, representative or multi-party basis if the Class 
Action and Multi-Party Waivers are held to be invalid, subject to any right to appeal 
such holding, and (B) if a Claim is brought seeking public injunctive relief and a 
court determines that the restrictions in the Class Action and Multi-Party Waivers 
prohibiting  the  arbitrator  from  awarding  relief  on  behalf  of  third  parties  are 

I. 

J. 

K. 

 
 
L. 

unenforceable with respect to such Claim (and that determination becomes final 
after all appeals have been exhausted), the Claim for public injunctive relief will be 
determined  in  court  and  any  individual  Claims  seeking  monetary  relief  will  be 
arbitrated.  In such a case the parties will request that the court stay the Claim for 
public injunctive relief until the arbitration award pertaining to individual relief has 
been  entered  in  court.    In  no  event  will  a  Claim  for  public  injunctive  relief  be 
arbitrated. 

NOTICE  OF  CLAIM;  RIGHT  TO  RESOLVE;  SPECIAL  PAYMENT:  Prior  to 
initiating, joining or participating in any judicial or arbitration proceeding, whether 
individually,  as  a  class  representative  or  participant  or  otherwise,  regarding  any 
Claim, the Claimant shall give the other party written notice of the Claim (a "Claim 
Notice") and a reasonable opportunity, not less than 30 days, to resolve the Claim.  
Any Claim Notice you send must include your name, address, telephone number 
and Account number.  Any Claim Notice must explain the nature of the Claim and 
the  relief  that  is  demanded.    You  may  only  submit  a  Claim  Notice  on  your  own 
behalf  and  not  on  behalf  of  any  other  party.    The  Claimant  must  reasonably 
cooperate  in  providing  any  information  about  the  Claim  that  the  other  party 
reasonably  requests.    If:  (i)  you  submit  a  Claim  Notice  in  accordance  with  this 
paragraph on your own behalf (and not on behalf of any other party); (ii) we refuse 
to  provide  the  relief  you  request  before  an  arbitrator  is  appointed;  and  (iii)  an 
arbitrator subsequently determines that you were entitled to such relief (or greater 
relief), the arbitrator shall award you at least $7,500 plus any arbitration fees and 
attorneys'  fees  and  costs  to  which  you  may  be  entitled  under  this  Arbitration 
Provision or applicable law. 

34. 

BILLING RIGHTS SUMMARY 

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: TAB Bank c/o Sunbit, PO 
Box 24010, Los Angeles, CA 90024. 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. 

2. 

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. 

Within 90 days of receiving your letter, we must either correct the error or 
explain to you why we believe the bill is correct. 

While we investigate whether or not there has been an error: 

•  We cannot try to collect the amount in question, or report you as delinquent on that 

amount. 

•  The charge in question may remain on your statement, and we may continue to 

charge you interest on that amount. 

•  While you do not have to pay the amount in question, you are responsible for the 

remainder of your balance. 

•  We can apply any unpaid amount against your credit limit. 

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 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. 

YOUR  RIGHTS 
PURCHASES: 

IF  YOU  ARE  DISSATISFIED  WITH  YOUR  CREDIT  CARD 

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. 

2. 

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 is 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.) 

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:  

TAB Bank c/o Sunbit 
PO Box 24010, Los Angeles, CA 90024. 

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. 

35. 

Additional Disclosures 

IOWA,  MISSOURI,  NEBRASKA,  AND  TEXAS  RESIDENTS  ONLY:  ORAL 
AGREEMENTS  OR  COMMITMENTS  TO  LOAN  MONEY,  EXTEND  CREDIT  OR 
FORBEAR  FROM  ENFORCING  REPAYMENT  OF  DEBT  INCLUDING  PROMISES  TO 
EXTEND  OR  RENEW  SUCH  DEBT  ARE  NOT  ENFORCEABLE.    TO  PROTECT  YOU 
AND  US  FROM  ANY  MISUNDERSTANDING  OR  DISAPPOINTMENT,  ANY 
AGREEMENTS WE REACH COVERING SUCH MATTERS ARE CONTAINED IN THIS 
WRITING,  WHICH  IS  THE  COMPLETE  AND  EXCLUSIVE  STATEMENT  OF  THE 
AGREEMENT BETWEEN US, EXCEPT AS WE MAY LATER AGREE IN WRITING TO 
MODIFY IT. 

CALIFORNIA AND UTAH RESIDENTS: As required by California and Utah law, you are 
hereby  notified  that  a  negative  credit  report  reflecting  on  your  credit  record  may  be 
submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations. 

NEW YORK, RHODE ISLAND AND VERMONT RESIDENTS: You understand and agree 
that we may obtain a consumer credit report in connection with any updates, renewals or 
extensions of any credit as a result of your application and card membership.  If you ask, 
you will be informed whether or not such a report was obtained and, if so, the name and 
address of the agency that furnished the report. You also understand and agree that we 
may  obtain  a  consumer  credit  report  in  connection  with  the  review  or  collection  of  any 
extension of credit made to you or for other legitimate purposes related to such extension 
of credit. 

MARRIED WISCONSIN RESIDENTS: If you are married: (i) you confirm that this Account 
is being incurred in the interest of your marriage or family; (ii) no provision of any marital 
property  agreement,  unilateral  statement,  or  court  decree  under  the  Wisconsin  Marital 
Property  Act  will  adversely  affect  a  creditor's  interest  unless,  before  the  time  credit  is 
granted, the creditor is furnished a copy of that agreement or decree or is given complete 
information about the agreement or decree; (iii) you understand and agree that we will 
provide a copy of this Agreement to your spouse for his or her information.  If the Account 
for which you are applying is granted, you will notify us if you have a spouse by sending 
your name and your spouse's name and address to us at TAB Bank c/o Sunbit, PO Box 
24010, Los Angeles, CA 90024.