Credit Card Agreement for Big Lots 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
24.99%.
(APR) for Purchases
This APR will vary with the market based on the Prime Rate.
Penalty APR and When It
29.99%.
Applies
This APR will vary with the market based on the Prime Rate, as described in more detail below. Your APR may increase to the
Penalty APR if we fail to receive your minimum payment with in 60 days when due. You will no longer be eligible for the Standard
Rate and all existing Promotional Credit Plans will terminate, and your entire Account balance will be subject to the Penalty Rate.
If your Account becomes subject to the Penalty APR, we will provide advance notice before the new Penalty APR goes into effect. If
you make the next six consecutive on time minimum payments starting with your first payment due once the Penalty APR goes
into effect, your rates will return to the non-penalty APR(s) applicable to your Account. If you do not make these six consecutive on
time minimum payments, we may keep the Penalty APR on your Account 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 $2.00 will be assessed for each billing cycle in which an Interest Charge is payable.
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 21.74 percentage points for the Standard Rate and a "Spread" of 26.74
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
CAPITAL ONE TERMS AND CONDITIONS
MINIMUM INTEREST CHARGE
If you are charged Interest, the charge will be no less than the
How We Will Calculate Your Balance: We use a method called "average
Minimum Interest Charge listed in the chart.
daily balance (including new purchases)".
Billing Rights: Information on your rights to dispute transactions and
ABOUT ACCOUNT FEES & OTHER CHARGES
how to exercise those rights is provided in this Cardholder Agreement.
FEES AND LIMITS
You may pay the entire New Balance at any time.
The fees that apply to your Account are shown in the purchase balance
unless otherwise stated in this Agreement.
NOTICE FOR MARRIED WISCONSIN RESIDENTS: No provision of a marital
property agreement, unilateral statement under Section 766.59 of
If charging any fee shown in the chart would exceed first-year fee
the Wisconsin Statutes, or court order under Section 766.70 of the
limits set by law, we may charge an amount allowed by law. If we do
Wisconsin Statutes adversely affects the interest of the creditor unless
this, it does not affect our ability to charge the full fee amount later.
the creditor, prior to the time the credit is granted, is furnished a copy
of the agreement, statement or decree or has actual knowledge of
LATE PAYMENT FEE
the adverse provision when the obligation to the creditor is incurred.
This fee is charged in any billing cycle that you do not pay at least the
If you are married, by submitting your credit card application you are
Minimum Payment Due by the Payment Due Date.
confirming that this credit card obligation is being incurred in the
Your Late Payment Fee is $25 for the first occurrence and $35 for
interest of your marriage and your family. If the credit card for which
additional occurrences during the next six billing cycles. In no event will
you are applying is granted, you will notify the Bank if you have a spouse
your Late Payment Fee exceed the Minimum Payment Due.
who needs to receive notification that credit has been extended to you.
OVER THE CREDIT LIMIT FEE
CARDHOLDER AGREEMENT AND DISCLOSURE STATEMENT
You have been approved for a Big Lots credit card. This account is
This fee is shown in the table on page 1 and will be charged if:
issued by Capital One, N.A. (Capital One).
your Account balance exceeds your credit limit at any time during a
billing cycle.
INTEREST RATES INFORMATION
RETURNED PAYMENT FEE
Annual Percentage Rate ("APR") and Daily Periodic Rate ("DPR"). Your
Daily Periodic Rate (DPR) is described in the INTEREST CHARGES section.
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.
Rates accurate as of 11/01/2013
PAYMENT BY PHONE FEE
This fee:
APR
DPR
Spread
Maximum APR
may be charged each time anyone makes a payment to your
Account with the assistance of a live phone representative; and
the amount is disclosed at the time a payment by phone is requested.
Standard APR
24.99%
.06847%
21.74%
29.99%
COPY REQUEST FEE
Penalty APR
29.99%
.08216%
26.74%
29.99%
A copy request fee may be charged each time a copy of a document is
requested.
HOW A VARIABLE RATE MAY CHANGE
The fee amount will be disclosed at the time of your request.
Your variable APRs can change with each monthly billing cycle.
REISSUED CARD FEE
We will apply each APR to the applicable balance for each type of
You may be charged $5 each time you request that your credit card
transaction. Each variable APR will be equal to:
be reissued.
a) the amount shown in the chart ("Spread"); plus
MINIMUM PAYMENT DUE
b) the U.S. "Prime Rate" as defined below.
You agree to pay us at least the Minimum Payment Due, reflected on
your statement. If you wish, you may pay more than the Minimum
The Prime Rate will be as shown in the Money Rates table of The Wall
Payment Due and at any time you may pay the entire amount due.
Street Journal that is in effect on the last day of the month.
Your Minimum Payment due is equal to your Minimum Payment
plus the Special Repayment Terms for any Promotional Credit Plans
Any changes in the Prime Rate will take effect on the first day of
with a special repayment term plus any debt cancellation fees or
your billing cycle beginning in the next month.
credit insurance premiums attributable to any Reduced Rate/Special
Repayment Terms Credit plans plus any delinquent amounts. The
An increase in the U.S. Prime Rate will increase your Daily Periodic
Minimum Payment is the greater of a.) $25 or b.) 1% of your "New
Rates. It may also increase your
Balance" (which does not include balances on Special Repayment
Interest Due; and/or
Terms Credit Plans) plus billed Interest Charges plus any Late Fees
Minimum Payment Due.
assessed for that month, rounded to the next highest dollar. Your
ABOUT THE PENALTY APR
monthly billing statement will include requirements for you to
If you do not make your Minimum Payment Due within 60 days after
follow in making payments including the cut-off hour for receipt of
the Payment due date we may increase your APRs to the Penalty APR.
payments, which may affect crediting of your payments.
If this occurs:
INTRODUCTION
we will provide advance notice before the Penalty APR goes into effect.
KEY TERMS
once the Penalty APR goes into effect, if you make six consecutive
"You" and "your" means each Applicant and Joint Applicant who:
on-time minimum payments when due, your rates will return to the
applied for this Account bearing the name Big Lots; and/or
non-penalty APRs applicable to your Account.
agrees to pay for the Account.
If you do not make six consecutive on time minimum payments, we
may keep the Penalty APR on your Account indefinitely.
"We," "us," and "our" means Capital One, N.A., located at 1111 Town
Center Drive, Las Vegas, Nevada 89144.
ABOUT INTEREST CHARGES
"Applicant" means the primary Cardholder. "Joint Applicant" means
TREATMENT OF FEES AND INTEREST
the secondary Cardholder.
Any fees or Interest will be added to your purchase balance unless
"Agreement" means all parts of this document and any future
otherwise stated in this Agreement.
supplements or amendments.
"Card" means any card, card number or other device we issue to
Each good you buy using your Account:
access your Account.
secures your entire Account balance until that good is paid in full; and
may be taken from you if you do not pay on time.
GETTING STARTED
The Card must be signed to be used.
To decide when a purchase is paid off and no longer subject to a
security interest, your payments will be first applied to: described in the
When you use the Account or sign the card or sales slips, you agree to:
"How We Apply Payments" section of this agreement.
the terms of this Agreement; plus
any amendments or supplements to the Agreement.
Once you have fully paid for any good, we will release our purchase
money security interest in that good.
You may close your Account at any time. Please see the Closing Your
Account section for details.
We do not take a security interest if you:
live in NY and the original purchase price of the good was less than $200 or
USING YOUR ACCOUNT
live in MD and the original purchase price of the good was less than $700.
ALLOWED USE
If we take back any good, we may charge you our costs and require
You agree to:
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
repair the good; and/or
purposes; and
store the good; and/or
repay us for all costs related to uses not allowed under this Agreement.
sell the good; and/or
other costs allowed by law.
You are not allowed to use your Account:
to make payments to this credit card or any other loan payments to
WHEN AND HOW TO PAY
us or our affiliates; or
You agree to:
for internet gambling.
pay at least the Minimum Payment Due shown on your billing
statement; and
If you have given someone permission to use the Card, this is not
make this payment in time to be credited by no later than the
unauthorized use and you will be liable for all use by that person.
Payment Due Date.
CREDIT LIMIT
How your Minimum Payment Due is determined as shown in the
When you open your Account, we will tell you your credit limit.
MINIMUM PAYMENT DUE section.
We may change this limit from time to time. Whenever this occurs, we
If you wish, you may pay more than the Minimum Payment Due or the
will notify you:
entire balance at any time.
on your billing statement; and/or
by sending a notice.
Instructions for making timely payments are shown on your billing statement.
You agree to:
Payments must be:
keep your Account balance (which includes Interest and other
made in U.S. dollars; and
charges) within your credit limit; and
paid from a U.S. bank or other U.S. financial institution; and
immediately pay any over limit amount that might occur.
sent in a form that is acceptable to us.
Your available credit may not reflect your payments for up to 14 days. If
Acceptable forms of payment include:
a transaction would exceed your available credit limit, we may decline it.
a check or money order; or
an electronic funds transfer
USING THE ACCOUNT
At times we may:
If you want to write any special conditions on your payment, such as
decline a transaction if there is not enough available credit and for
"paid in full", "without recourse", or similar language, you must:
any other reason and/or;
Mark this clearly on your payment.
require our Authorization before allowing a transaction.
Payment must be marked for Special Handling and sent to:
Capital One, PO Box 5226, Carol Stream, IL 60197-5226.
A merchant may check your ID.
Unless you follow the above directions, we may accept a payment
We are not liable if:
marked with special conditions and not agree to those conditions, and
a merchant refuses your card; and/or
will not lose any of our rights.
we do not complete your transaction for any reason.
By sending us a check for payment on your Account, you authorize us
PAYING YOUR BILL
either to:
use information from your check to initiate an electronic fund transfer
PROMISE TO PAY
from your payment account according to the terms of the check; or
You promise to pay for all:
to process this transaction as a check.
credit we extend; plus
Interest charges and other fees or charges; plus
When we use your check to make an electronic fund transfer:
collection costs and attorney fees as allowed by law.
funds may be withdrawn from your payment account the same day
we receive your payment; and
If your Account is a joint Account, each of you is jointly and individually
you will not receive your check back from your bank.
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.
When you use our optional payment by phone service, you agree that:
we may make an electronic funds transfer from the bank account
If any joint Accountholder requests to not be liable for future
you choose; or
transactions, we may close the Account.
we may process the payment the same way we would process a check.
SECURITY INTEREST
You authorize the amount and timing of each payment. Please retain
A "Security Interest" is our interest in an item that you buy using your
this authorization for your records.
Account that secures the payment of your Account.
If you have a returned payment:
Except as noted below, you grant us a security interest (which we may or
the amount you paid will be added back to your Account and
may not perfect) in the following items financed using your Account:
may be applied to a different category than originally posted. (e.g.
any goods you buy with your Card; and
purchases, etc.); and
any proceeds you get from the following:
Interest Charges may be restored back to the payment date at the
a) insurance contracts, and returned premiums: and/or
APR for that transaction
b) mechanical failures and/or
c) extended service contracts
ACCOUNT FEES AND OTHER INTEREST RATES
Any credit insurance premiums or debt cancellation fees are not
included in the Daily Balance of that Plan during the promotional period.
ABOUT YOUR APRs
Your APRs are shown on page 1.
We also make any needed adjustments. For example:
A Daily Periodic Rate is used to determine your Interest Charges in any billing
If a transaction posts after but occurs before the start of a billing
cycle. To determine this rate, we divide your APR by 365; then round this
cycle, we may adjust the amount above to include this transaction.
number up to the next hundred thousandth of a percentage point.
It will be included as of the first day of the billing cycle in which it
posts.
PROMOTIONAL CREDIT PLANS
If your Account is subject to a grace period during the billing cycle,
From time to time, we may offer one or more Promotional Credit
your payments will be subtracted from all Daily Balances in the
Plans. These may be offered to you:
current billing cycle.
prior to your purchase; and/or
If a transaction for a returned payment or a dispute resolved in our
at the time of your purchase.
favor posts after the beginning of the billing cycle, we will make this
Any of these Plans may be offered at any time and are conditioned on
adjustment:
your timely payment of at least the Minimum Payment Due for each
the applicable Daily Balance(s) and any related Interest Charges will
billing statement:
be adjusted to include the transaction amount as of the date of
a) Waived Interest Charge Credit Plan
the original payment or transaction.
With this Plan there are no Interest Charges on your purchase for a
To calculate your Average Daily Balance, we:
specified period.
add the Daily Balances for each day of the billing cycle; then
b) Same As Monthly Payment Credit Plan
divide this total by the number of days in the billing cycle.
With this Plan, there are no Interest Charges on your purchase if
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
c) Reduced Rate Credit Plan
purchases if you pay your entire balance by the due date each month.
With this Plan, you will receive a reduced periodic rate on your purchase
for a specified period.
Interest charges begin on the transaction date and continue to accrue
d) Special Repayment Term Credit Plan
until paid in full except as noted below:
With this Plan special repayment terms will be applied to the purchase
EXCEPTIONS
for the specified period.
1. For New Purchases and balances: No interest is charged in a billing
e) Special Repayment Term / Reduced Rate Credit Plan
cycle on a Regular, Reduced Rate, or Special Repayment Terms
With this Plan special repayment terms and a reduced periodic rate will
Credit Plans if the combined Previous Balance of those Plans at the
be applied to the purchase for the specified period.
beginning of the cycle is:
Purchases that do not fall under one of these Plans are called Regular
a) zero; or
Credit Plan purchases.
b) a credit balance (e.g., less than zero); or
c) paid in full before the Payment Due Date that falls during the cycle;
If you make more than one purchase on your card, these balances may
2. For Waived Interest Charge Credit Plans: No interest is charged for the
be treated differently.
promotional period.
3. For Same As Cash Credit Plans: No interest is charged if the full cash
Certain rules apply to the allocation of payments and interest charges
sales price is paid in full before the promotion expiration date.
on your promotional purchase if you make more than one purchase on
your Card. Call 1-888-367-4310 or review the HOW WE APPLY PAYMENTS
HOW WE APPLY PAYMENTS
section of this Agreement for information.
The amount of your payment that is equal to the Minimum Payment
Due is:
INTEREST CHARGES
applied as we determine within legal guidelines; and
usually applied to the minimum due on each credit plan.
HOW INTEREST CHARGES ARE CALCULATED
Each billing statement shows the Interest Charges, which are
Any payment amount over the Minimum Payment Due is applied to
calculated separately for each:
higher APR balances before lower ones.
Promotional Credit Plan with a unique due date or unique terms;
If you have a Same As Cash Credit Plan(s):
Regular Credit Plan
Until the final two complete billing cycles:
The total interest charge for the billing cycle is the sum of the interest
We apply payments the same way we apply payments to a Same As
charge for each plan subject to the minimum interest charge shown in
Cash Credit Plan having a 0% APR
the chart.
During the final two complete billing cycles and up to the date of
expiration we will apply payments received in this order:
For Same As Cash Plans, if interest is applied, the interest is accrued
1) To the required Minimum Payment Due; and
from the transaction date of the purchase through the current cycle.
2) To the plan(s) that is expiring, in the order of expiration.
The Interest Charge is the total of:
the applicable Daily Periodic Rate for the current cycle times the Daily
MANAGING YOUR ACCOUNT
Balance for each day in the current cycle; plus
the applicable Daily Periodic Rate for each prior cycle times the Daily
OTHER USERS
Balances of the Credit Plan for each day during each prior cycle.
You may permit others to use your Card or Account Number.
For Plans other than Same As Cash, the interest charge is the total of:
You are responsible for all charges made by permitted users.
the applicable Daily Periodic Rate for the Plan times the Daily Balance
for the plan for each day in the cycle.
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
HOW DAILY BALANCE IS DETERMINED
with a different Account number.
To determine your Daily Balance, we:
UPDATING YOUR RECORDS
take the opening balance for each Plan for that day; then
add the following that were incurred on that day:
You agree:
a) any new purchases
a) to give us prompt advance notice of any change in your name,
b) any previous day's periodic Interest Charges
mailing address, phone number, or employer;
c) any fees and charges, including any credit insurance premiums or
b) to promptly give us accurate financial information about you if we
debt cancellation fees, if these apply; then
ask for it; and
subtract any payments and/or credits.
c) the Department of Motor Vehicles may release your home address
to us if we ever need it to find you.
For any Same As Cash Credit Plan:
CLOSING YOUR ACCOUNT
If credit insurance was offered and your accepted it: You agree that
You can close your account at any time by mailing your request to
your Account will be charged monthly; this charge, which is called an
Capital One, PO Box 5226, Carol Stream, IL 60197-5226. Your request
insurance premium, will be based on the Average Daily Balances of your
becomes effective when we receive it.
Account for the billing cycle in which the premium is assessed; and the
charges will begin on the transaction date(s) of your purchase(s).
Once you close the Account:
you must destroy your card(s); and
OTHER AGREEMENTS
you will still be responsible for all amounts owed according to the
terms of this Agreement.
ACCOUNT CLOSURE
At any time, for any reason, we may take any of these actions subject
PROTECTING YOUR CREDIT
to applicable law:
a) close your Account;
LOST OR STOLEN CARD
b) suspend your credit privileges;
You agree to notify us immediately if:
c) reduce your credit limit.
your Card is lost or stolen; or
your Account is used without your permission.
If we close your Account:
Interest Charges and fees will continue to accrue until your balance
You may call at any time. The phone number is listed on your billing
is paid in full; and
statement.
you agree to return or destroy your Card(s).
LIABILITY FOR UNAUTHORIZED USE
COMMUNICATIONS
If you notice the loss or theft of your credit card, or a possible
unauthorized use of your card, you should call us at the number listed
We may contact you from time to time regarding your Account. We
on your billing statement or the back of your card, or write to us
may contact you in any manner we choose unless the law says that we
immediately at:
cannot. For example, we may:
1) contact you by mail, telephone, email, fax, recorded message, text
Capital One
message or personal visit;
PO Box 5226, Carol Stream, IL 60197-5226
2) contact you using an automated dialing or similar device ("Autodialer");
You will not be liable for any unauthorized use that occurs after you
3) contact you at your home and at your place of employment;
notify us. You may, however, be liable for unauthorized use that occurs
4) contact you on your mobile telephone;
before your notice to us. In any case, your liability will not exceed $50.
5) contact you at any time, including weekends and holidays;
6) contact you with any frequency;
DEFAULT
7) leave prerecorded and other messages on your answering machine/
We may consider your Account to be in Default if you:
service and with others; and
a) fail to make the Minimum Payment Due when due;
8) identify ourselves, your relationship with us and our purpose for
b) exceed your credit limit;
contacting you even if others might hear or read it.
c) become the subject of bankruptcy proceedings, foreclosure,
repossession, lien or judgment, garnishment, or attachment;
Our contacts with you about your Account are not unsolicited and
d) give us misleading, false or incomplete information;
might result from information we obtain from you or others. We may
e) fail to give us a current physical address when you apply and
monitor or record any conversation or other communication with you.
whenever you move;
Unless the law says we cannot, we may modify or suppress caller ID and
f) make payments to us that are returned unpaid by your bank or other
similar services and identify ourselves on these services in any manner we
financial institution; or
choose. When you give us or we obtain your mobile telephone number,
g) default under any other agreement or security agreement you have
we may contact you at this number using an Autodialer and can also
with us or with one of our affiliates; and/or
leave prerecorded and other messages. We may do these things whether
h) become incompetent or deceased.
we contact you or you contact us.
If you ask us to discuss your Account with someone else, you must provide
Upon default, we have the right to:
us with documents that we ask for and that are acceptable to us.
close your Account;
suspend your credit privileges;
CHANGE OF TERMS
require you to pay your entire Account balance including any Promotional
We may change this Agreement as allowed by applicable law. This may
Credit Plan balances, all accrued but unpaid Interest Charges and other
include changing, adding, or removing terms. We may do this in response to
charges provided for in this Agreement immediately;
the legal, business, competitive environment or other reasons not listed here.
terminate any Promotional Credit Plans and convert balances to a
Regular Credit Plan;
We may increase the Interest rate on existing balances in limited circumstances.
change the terms of your Account;
Changes to some terms may require at least 45 days advance notice, and we
sue you for what you owe.
will tell you in the notice if you have the right to reject a change. We cannot
change certain terms during the first year of your Account.
If we incur costs to collect your balance owed including any attorney
ACCOUNT ASSIGNMENT
fees, we may charge you for these costs as permitted by applicable
law, and we will apply your payments first to these costs.
We may sell, assign or transfer all or any part of your Agreement and
Account without notice to you. You may not sell, assign or transfer
CREDIT REPORTING
your Account.
You agree that we may obtain and use credit information about you
WAIVERS
from others such as:
merchants or stores;
If we delay or take no action allowed under this Agreement, for any
other lenders;
reason, we will not lose or limit any of our rights under this Agreement
consumer reporting agencies.
on any other occasion.
SEVERABILITY
If you believe we have reported inaccurate information about your
Account to any consumer reporting agency you should:
If a term is found to be invalid under any applicable law, rule or
notify us and ask us to correct the inaccurate information by writing
regulation, then all other terms of this Agreement will remain valid.
to us at Capital One, PO Box 5253, Carol Stream, IL 60197-5253.
NOTICE FOR CALIFORNIA RESIDENTS: California law requires that we
When you write to us, tell us:
inform customers that should they fail to fulfill the terms of their credit
your Account number; and
obligation, a negative report reflecting on their credit record may be
the specific information you believe is not correct; and
submitted to a credit reporting agency. If you are married, you may
why you believe it is not correct.
apply for credit in your own name.
INSURANCE
NOTICE FOR FLORIDA RESIDENTS: You (borrower) agree that, should we
obtain a judgment against you, a portion of your disposable earnings
may be attached or garnished (paid to us by your employer), as provided
You must notify us of any potential errors in writing. You may call us,
by Florida and Federal law.
but if you do we are not required to investigate any potential errors
and you may have to pay the amount in question.
NOTICE FOR MAINE RESIDENTS: We may request a consumer report in
connection with your application for credit. You may ask whether a
What Will Happen After We Receive Your Letter
consumer report was obtained by us and we will tell you the name and
address of the consumer reporting agency, if a report was obtained.
When we receive your letter, we must do two things:
1. Within 30 days of receiving your letter, we must tell you that we
Missouri Residents: Oral agreements or commitments to loan
received your letter. We will also tell you if we have already corrected
money, extend credit or to forbear from enforcing repayment
the error.
of a debt including promises to extend or renew such debt
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.
are not enforceable. To protect you (borrower(s)) and us
(creditor) from misunderstanding or disappointment, any
While we investigate whether or not there has been an error:
agreements we reach covering such matters are contained in
We cannot try to collect the amount in question, or report you as
this writing, which is the complete and exclusive statement of
delinquent on that amount.
The charge in question may remain on your statement, and we may
the agreement between us, except as we may later agree in
continue to charge you interest on that amount.
writing to modify it.
While you do not have to pay the amount in question, you are
NOTICE FOR NEW YORK RESIDENTS: A consumer credit report may be
responsible for the remainder of your balance.
requested in connection with this application or in connection with
We can apply any unpaid amount against your credit limit.
updates, renewals or extensions of any credit granted as a result of
After we finish our investigation, one of two things will happen:
this application. Upon your request, you will be informed whether or
If we made a mistake: You will not have to pay the amount in
not such a report was requested and, if so, the name and address of
question or any interest or other fees related to that amount.
the agency that furnished the report. New York residents may contact
If we do not believe there was a mistake: You will have to pay the
the New York State Department of Financial Services to obtain a
amount in question, along with applicable interest and fees. We will
comparative listing of credit card rates, fees and grace periods. New
send you a statement of the amount you owe and the date payment
York State Department of Financial Services: 1-800-522-3330.
is due. We may then report you as delinquent if you do not pay the
NOTICE FOR OHIO RESIDENTS: The Ohio Laws against discrimination
amount we think you owe.
require that all creditors make credit equally available to all
If you receive our explanation but still believe your bill is wrong, you
creditworthy customers and that credit reporting agencies maintain
must write to us within 10 days telling us that you still refuse to pay.
If
separate credit histories on each individual upon request. The Ohio
you do so, we cannot report you as delinquent without also reporting
Civil Rights Commission administers compliance with this law.
that you are questioning your bill. We must tell you the name of
NOTICE FOR VERMONT RESIDENTS: A consumer credit report may be
anyone to whom we reported you as delinquent, and we must let those
requested in connection with this application or in connection with
organizations know when the matter has been settled between us.
updates, renewals or extensions of any credit granted as a result of this
If we do not follow all of the rules above, you do not have to pay the
application. Upon your request, you will be informed whether or not
first $50 of the amount you question even if your bill is correct.
such a report was requested and, if so, the name and address of the
agency that furnished the report.
Your Rights If You Are Dissatisfied With Your Credit Card Purchases
The information about the costs of the Card described in this Cardholder
If you are dissatisfied with the goods or services that you have
Agreement and Disclosure Statement is accurate as of November, 2013. This
purchased with your credit card, and you have tried in good faith to
information may have changed after that date. To find out what may have
correct the problem with the merchant, you may have the right not to
changed write to us at 1111 Town Center Drive, Las Vegas, Nevada 89144.
pay the remaining amount due on the purchase.
APPLICABLE LAWS
To use this right, all of the following must be true:
This Agreement is governed by the Commonwealth of Virginia law and
1. You must have used your credit card for the purchase. Purchases
federal law.
made with cash advances from an ATM or with a check that
accesses your credit card account do not qualify.
We make our credit decisions and extend credit to you under this
2. You must not yet have fully paid for the purchase.
Agreement from the Commonwealth of Virginia. This Agreement is:
entered into in the Commonwealth of Virginia; and
If all of the criteria above are met and you are still dissatisfied with the
maintained in the Commonwealth of Virginia.
purchase, contact us in writing at:
This is true whether or not you use your card in the Commonwealth of
Capital One
Virginia.
PO Box 5893, Carol Stream, IL 60197-5893
While we investigate, the same rules apply to the disputed amount as
YOUR BILLING RIGHTS: KEEP THIS DOCUMENT FOR FUTURE USE
discussed above. After we finish our investigation, we will tell you our
This notice tells you about your rights and our responsibilities under
decision. At that point, if we think you owe an amount and you do not
the Fair Credit Billing Act.
pay, we may report you as delinquent.
What To Do If You Find A Mistake On Your Statement
BR251774 (11/13) M-110146
If you think there is an error on your statement, write to us at:
Capital One
PO Box 5893, Carol Stream, IL 60197-5893
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.