FR833282333  BRANDSMART CREDIT CARD
PLCC TC 184-024-00 38303E
6/19

SYNCHRONY BANK
SECTION I: RATES AND FEES TABLE
BRANDSMART CREDIT CARD ACCOUNT AGREEMENT
PRICING INFORMATION

Interest Rates and Interest Charges

Annual Percentage Rate 
(APR) for Purchases

29.99%

Paying Interest

Your due date is at least 23 days after the close of each billing cycle. We will not charge 
you any interest on non-promotional purchases if you pay your entire balance by the 
due date each month. We will begin charging interest on promotional purchases on the 
purchase date.

Minimum Interest Charge

If you are charged interest, the charge will be no less than $2.

Fees

Penalty Fees

• Late Payment
• Returned Payment

Up to $39.
$28

How We Will Calculate Your Balance: We use a method called “daily balance.” See your credit card account agreement that 
follows for more details.

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SECTION II: RATES, FEES AND PAYMENT INFORMATION

How Interest Is Calculated

Your Interest Rate

We  use  a  daily  rate  to  calculate  the  interest  on  the  balance  on  your  account  each  day.  The  daily  rate  for 
purchases is the APR times 1/365. The daily rate for purchases is .08217% (APR 29.99%). Interest will be 
imposed in amounts or at rates not in excess of those permitted by applicable law.

When We Charge Interest 

We charge interest on your purchases from the date you make the purchase until you pay the purchase in 
full. See exceptions below.

•  We will not charge you interest during a billing cycle on any non-promotional purchases if:

1. You had no balance at the start of the billing cycle; OR
2.  You had a balance at the start of the billing cycle and you paid that balance in full by the due date in that 

billing cycle.

We always charge interest on promotional purchases and their related fees from the date you make the purchase. 
•  We will credit, as of the start of the billing cycle, any payment you make by the due date that we allocate 

to non-promotional purchases if:
1. You had no balance at the start of the previous billing cycle; OR
2.  You had a balance at the start of the previous billing cycle and you paid that balance in full by the due 

date in the previous billing cycle.

We figure the interest charge on your account separately for each balance type. We do this by applying the 
daily rate to the daily balance for each day in the billing cycle. A separate daily balance is calculated for the 
following balance types, as applicable: purchases and balances subject to different interest rates, plans or 
special promotions. See below for more details on how this works.

1. How to get the daily balance: We take the starting balance each day, add any new charges and fees, 
and subtract any payments or credits. This gives us the daily balance. Debt cancellation fees, if any, and 
late payment or returned payment fees are treated as new purchases.

2. How  to  get  the  daily  interest  amount:  We  multiply  each  daily  balance  by  the  daily  rate  that  applies.
3. How to get the starting balance for the next day: We add the daily interest amount in step 2 to the daily 

balance from step 1.

4. How  to  get  the  interest  charge  for  the  billing  cycle:  We  add  all  the  daily  interest  amounts  that  were 

charged during the billing cycle.

We charge a minimum of $2.00 of interest in any billing cycle in which you owe interest. Interest, as calculated 
above, is added as applicable to each balance type. Minimum interest charges in excess of the calculated 
interest are treated as new purchases.

We  will  charge  this  fee  if  we  do  not  receive  the  total  minimum  payment  due  on  your  account  by  
5 p.m. (ET) on the due date. This fee is equal to:

1. $28, if you have paid your total minimum payment due by the due date in each of the prior six billing cycles.

OR

2. $39, if you have failed to pay your total minimum payment due by the due date in any one or more of the 

prior six billing cycles.

The late payment fee will not be more than the total minimum payment that was due.

We will charge this fee if any check, other instrument, or electronic payment authorization you provide us in 
payment on your account, is not honored, returned unpaid or cannot be processed for any reason. This fee is 
equal to $28. The returned payment fee will not be more than the amount permitted by applicable law.

How We Calculate Interest

How Fees Work

Late Payment Fee

Returned Payment Fee

Minimum Payment Calculation 

Your total minimum payment is calculated as follows.

The sum of:

a.   For  the  new  balance  shown  on  your  billing  statement  (excluding  any  balance  attributable  to  a  special  promotional  purchase  with  a  unique 

payment calculation), the greater of:
(i)  
(ii)  
(iii)  

$28; or
 3.5% of the new balance shown on your billing statement; or
 The sum of 1% of your new balance shown on your billing statement plus interest and late payment fees charged in the current billing cycle; 
PLUS

b.  Any past due amounts; PLUS
c.  Any payment due in connection with a special promotional purchase with a unique payment calculation. 

We round up to the next highest whole dollar in figuring your total minimum payment. Your total minimum payment will never be more than your new balance.

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SECTION III: STANDARD PROVISIONS

 ABOUT THE CREDIT CARD ACCOUNT AGREEMENT

This Agreement. This is an Agreement between you and Synchrony Bank, 170 Election Road, Suite 125, Draper, UT 84020, for your credit card account. 
By opening or using your account, you agree to the terms of the entire Agreement. The entire Agreement includes the four sections of this document and 
the application you submitted to us in connection with the account. These documents replace any other agreement relating to your account that you or we 
made earlier or at the same time.

Parties To This Agreement. This Agreement applies to each accountholder approved on the account and each of you is responsible for paying the full 
amount due, no matter which one uses the account. We may treat each of you as one accountholder and may refer to each of you as “you” or “your.”  
Synchrony Bank may be referred to as “we,” “us” or “our.”

Changes To This Agreement. We may change, add or delete terms of this Agreement, including interest rates, fees and charges.

Special Promotions. The terms of this Agreement apply to any special promotion. However, any special promotional terms that are different than the terms 
in this Agreement will be explained on promotional advertising or other disclosures provided to you.

 HOW TO USE YOUR ACCOUNT/CARD

Use Of Your Account. You may use your account only for lawful personal, family or household purposes. You may use your account for purchases from 
dealers/merchants/retailers that accept the card.

You Promise To Pay. You promise to pay us for all amounts owed to us under this Agreement. 

Your Responsibility. Each accountholder will receive a card. You may not allow anyone else to use your account. If you do, or if you ask us to send a card 
to someone else, you will be responsible for paying for all charges resulting from their transactions. 

Purchase Limits. To prevent fraud, we may limit the number or dollar amount of purchases you can make in any particular amount of time. We also may 
decline any particular charge on your account for any reason.

Credit Limit. You will be assigned a credit limit that we may increase or decrease from time to time. If we approve a purchase that makes you go over your 
credit limit, we do not give up any rights under this Agreement and we do not treat it as an increase in your credit limit.

 HOW AND WHEN TO MAKE PAYMENTS

When Payments Are Due. You must pay at least the total minimum payment due on your account by 5 p.m. (ET) on the due date of each billing cycle. 
Payments received after 5 p.m. (ET) will be credited as of the next day. You may at any time pay, in whole or in part, the total unpaid balance without any 
additional charge for prepayment. If you have a balance subject to interest, earlier payment may reduce the amount of interest you will pay. We may delay 
making credit available on your account in the amount of your payment even though we will credit your payment when we receive it.

Payment Options. You can pay by mail, online or at certain dealers/merchants/retailers that accept the card and payments. We may allow you to make 
payments over the phone but we will charge you a fee to make expedited phone payments. Your payment must be made in U.S. dollars by physical or 
electronic check, money order or a similar instrument from a bank located in the United States.

How To Make A Payment. You must follow the instructions for making payments provided on your billing statement. If you do not, credit of your payment 
may be delayed up to five days. Your billing statement also explains how information on your check is used.

Payment Allocation. We will apply the required total minimum payment to balances on your account using any method we choose. Any payment you 
make in excess of the required total minimum payment will be applied to higher APR balances before lower APR balances. Applicable law may require or 
permit us to apply excess payments in a different manner in certain situations, such as when your account has a certain type of special promotion.

INFORMATION ABOUT YOU 

Using and Sharing Your Information. When you applied for an account, you gave us, dealers/merchants/retailers that accept the card and program 
sponsors information about yourself that we could share with each other. Dealers/merchants/retailers that accept the card and program sponsors (and their 
respective affiliates) will use the information in connection with the credit program and for things like creating and updating their records and offering you 
special benefits. More information about how we use and share information is set forth in the privacy policy for your account. 

Address/Phone Change. You represent that any phone number that you provide to us belongs to you and/or that you are authorized to provide that 
number. You also agree to tell us right away if you change your address or any phone number.

Consent  to  Communications.  You  consent  to  us,  as  well  as  any  other  owner  or  servicer  of  your  account,  contacting  you  through  any  channel  of 
communication and for any purpose, as permitted by applicable law. For informational, servicing, fraud, or collection related communications, you agree 
that we may use the phone numbers that you provide to us to contact your cellular phone or wireless device with text messages, artificial or prerecorded 
voice calls, and calls made by an automatic telephone dialing system. Text frequency may vary and may be recurring. This consent applies even if you are 
charged for the call under your plan. You are responsible for any charges that may be billed to you by your communications carrier when we contact you. 
Message and data rates may vary. We and any carrier are not liable for delayed or undelivered messages. If you have questions, please call the number on 
the back of your card.

Telephone Monitoring. For quality control, you allow us to listen to or record telephone calls between you and us.

IMPORTANT INFORMATION ABOUT YOUR ACCOUNT 

Closing Your Account. You may close your account at any time by sending a letter to the address shown on your billing statement or calling customer 
service. We may close your account at any time, for any reason. If your account is closed, you must stop using it. You must still pay the full amount you owe 
and this Agreement will remain in effect until you do.

Collection Costs. If we ask an attorney who is not our salaried employee to collect your account, we may charge you our collection costs. These include 
court costs and reasonable attorneys’ fees.

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Credit  Bureau  Reporting.  We  may  report  information  about  your  account  to  credit  bureaus.  Late  payments,  missed  payments,  or  other  defaults 
on  your  account  may  be  shown  in  your  credit  report.  Tell  us  if  you  think  we  reported  wrong  information  about  you  to  a  credit  bureau.  Write  to  us  at   
Synchrony  Bank,  P.O.  Box  965036,  Orlando,  FL  32896-5036.  Tell  us  what  information  is  wrong  and  why  you  think  it  is  wrong.  If  you  have  a  copy  of   
the credit report that includes the wrong information, send us a copy. 

Default. You are in default if you make a late payment, do not follow any other term of this Agreement or become bankrupt or insolvent. If you default or 
upon your death, we may (a) request payment of the full amount due right away, (b) take legal action to collect the amounts owed, and/or (c) take any other 
action allowed. 

Disputed Amounts. The billing rights summary in section IV of this Agreement describes what to do if you think there is a mistake on your bill. 
If you send us correspondence about a disputed amount or payment, you must send it to the address for billing inquiries. We do not give up 
any rights under this Agreement if we accept a payment marked “payment in full” or given with any other conditions or limitations.

Unauthorized Use. If your card is lost, stolen or used without your consent, call us immediately at 866-396-8254. You will not be liable for unauthorized use 
on your account, but you will be responsible for all use by anyone you give your card to or allow to use your account.

IMPORTANT INFORMATION ABOUT THIS AGREEMENT

Assignment. We may sell, assign or transfer any or all of our rights or duties under this Agreement or your account, including our rights to payments. We 
do not have to give you prior notice of such action. You may not sell, assign or transfer any of your rights or duties under this Agreement or your account.

Enforceability. If any part of this Agreement is found to be void or unenforceable, all other parts of this Agreement will still apply.

Governing Law. Except as provided in the Resolving a Dispute with Arbitration section, this Agreement and your account are governed by federal law and, 
to the extent state law applies, the laws of Utah without regard to its conflicts of law principles. This Agreement has been accepted by us in Utah.

Waiver. We may give up some of our rights under this Agreement. If we give up any of our rights in one situation, we do not give up the same right in  
another situation. 

RESOLVING A DISPUTE WITH ARBITRATION

PLEASE  READ  THIS  SECTION  CAREFULLY.  IF  YOU  DO  NOT  REJECT  IT,  THIS  SECTION  WILL  APPLY  TO  YOUR  ACCOUNT,  AND  MOST 
DISPUTES  BETWEEN  YOU  AND  US  WILL  BE  SUBJECT  TO  INDIVIDUAL  ARBITRATION.  THIS  MEANS  THAT:  (1)  NEITHER  A  COURT  NOR  A 
JURY WILL RESOLVE ANY SUCH DISPUTE; (2) YOU WILL NOT BE ABLE TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING; (3) 
LESS INFORMATION WILL BE AVAILABLE; AND (4) APPEAL RIGHTS WILL BE LIMITED.

1. CLAIMS AND PARTIES. If either you or we make a demand for arbitration, you and we must arbitrate any dispute or claim between you (including 
any other user of your account), and us (including our parents, affiliates, agents, employees, officers, and assignees) that directly or indirectly arises 
from or relates to your account, your account Agreement or our relationship, except as noted below. In addition, dealers/merchants/retailers and/or any 
assignee, agent, or service provider of ours that collects amounts due on your account are intended beneficiaries of this Arbitration section and may 
enforce it in full (notwithstanding any state law to the contrary).

2. This Arbitration section broadly covers claims based upon contract, tort, consumer rights, fraud and other intentional torts, negligence, constitution, 
statute, regulation, ordinance, common law and equity and claims for money damages and injunctive or declaratory relief, even if they arose before this 
section took effect. You may not sell, assign or transfer a claim.  

3. Examples of claims subject to arbitration are disputes about an account transaction, fees, charges or interest, the events leading up to the Agreement 
(such as any disclosures, advertisements, promotions or oral or written statements, warranties or representations made by us), an application for or 
denial of credit, any product or service provided by us or third parties in connection with the Agreement, credit reporting, benefit programs related to 
your account including any reward program, the collection of amounts due by our assignees, service providers, or agents and the manner of collection.

4. However, we will not require you to arbitrate any individual case in small claims court or your state’s equivalent court, so long as it remains an individual 
case in that court. Also, 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 any related or unrelated lawsuit, including modifying an individual claim to assert a class, representative or 
multi-party claim. Arbitration may be requested at any time, even where there is a pending lawsuit, unless a trial has begun, or a final judgment entered.  

5. Only a court will decide disputes about the validity, enforceability, coverage or scope of this Arbitration section or any part thereof. However, any dispute 

that concerns the validity or enforceability of the Agreement as a whole is for the arbitrator to decide.

6. NO CLASS ACTIONS. IF EITHER YOU OR WE ELECT TO ARBITRATE A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT (A) TO PARTICIPATE 
IN A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE ACTION IN COURT OR IN ARBITRATION, EITHER AS 
A CLASS REPRESENTATIVE OR CLASS MEMBER, OR (B) TO JOIN OR CONSOLIDATE CLAIMS WITH CLAIMS OF ANY OTHER PERSONS EXCEPT 
ACCOUNTHOLDERS ON YOUR ACCOUNT. THUS, YOU MAY NOT BRING CLAIMS AGAINST US ON BEHALF OF ANY ACCOUNTHOLDER WHO IS NOT 
AN ACCOUNTHOLDER ON YOUR ACCOUNT, AND YOU AGREE THAT ONLY ACCOUNTHOLDERS ON YOUR ACCOUNT MAY BE JOINED IN A SINGLE 
ARBITRATION WITH ANY CLAIM YOU HAVE.

7. PROCEDURES. The party who wants to arbitrate must notify the other party in writing. This notice can be given after the beginning   of a lawsuit or in 
papers filed in the lawsuit. Otherwise, your notice must be sent to Synchrony Bank, Legal Operation, P.O. Box 29110, Shawnee Mission, KS 66201-5320,  
ATTN:  ARBITRATION  DEMAND.  The  party  seeking  arbitration  must  select  either  the  American  Arbitration  Association  (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, to administer the arbitration. If neither 
administrator can handle the dispute, a court with jurisdiction will appoint an arbitrator.

8. The  arbitration  administrator  will  appoint  the  arbitrator  and  will  tell  the  parties  what  to  do  next.  The  arbitrator  must  be  a  lawyer  with  at  least  ten   
years of legal experience. The arbitrator must apply the same law, consistent with the Federal Arbitration Act (FAA), that would apply to an individual action  
in  court,  but  may  use  different  procedural  rules.  The  arbitrator  will  apply  the  same  statutes  of  limitation  and  privileges  that  a  court  would  apply  if  the  
matter were pending in court. 

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9. The arbitrator may award any damages or other relief or remedies that would apply under applicable law to an individual action brought in court, including, 
without limitation, punitive damages (governed by the Constitutional standards employed by the courts) and injunctive, equitable and declaratory relief (but only 
in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim). The parties will bear the 
fees and costs of their attorneys, witnesses and experts. However, the arbitrator will have the authority to award fees and costs of attorneys, witnesses and 
experts to the extent permitted by the Agreement, the administrator’s rules or applicable law.

10. The arbitration will take place by phone or at a location reasonably convenient to you. If you ask, we will pay all the fees the administrator or arbitrator charges if 
you cannot obtain a waiver of fees from the administrator and are acting in good faith. We will always pay arbitration costs required by the administrator’s rules 
or that are necessary for this Arbitration section to be enforced.

11. GOVERNING LAW. This Arbitration section is governed by the FAA. Utah law shall apply to the extent state law is relevant under the FAA, unless otherwise 
stated herein. The arbitrator’s award will be final and binding, except for any appeal right under the FAA. Any court with jurisdiction may enter judgment upon 
the arbitrator’s award. The arbitration award and any judgment confirming it will apply only to the specific case and cannot be used in any other case except 
to enforce the award.  

12. SURVIVAL. This Arbitration section shall survive the repayment of all amounts owed, the termination, cancellation or suspension of the Agreement or your 
account or credit privileges, any legal proceeding, and any bankruptcy by you, to the extent consistent with applicable bankruptcy law. If this Arbitration section 
conflicts with the applicable arbitration rules or the other provisions of the Agreement, this Arbitration section shall govern.  

13. SEVERABILITY. If any portion of this Arbitration section is held to be invalid or unenforceable, the remaining portions shall nevertheless remain in force with 
the following two exceptions.  First, if a determination is made that the “No Class Actions” provision is unenforceable, and that determination is not reversed on 
appeal, then this Arbitration section shall be void in its entirety. Second, if a court determines that a public injunctive relief claim may proceed notwithstanding 
the “No Class Actions” provision, and that determination is not reversed on appeal, then the public injunctive relief claim will be decided by a court, and any 
individual claims will be arbitrated.  The parties will ask the court to stay the public injunctive relief claim until the other claims have been finally concluded.

14. HOW TO REJECT ARBITRATION. You may reject this Arbitration section. If you do that, a court will resolve any dispute or claim. To reject this section, 
send us a notice within 45 days after you open your account or we first provided you with your right to reject this section. The notice must include your name, 
address, account number, and personal signature, and must be mailed to Synchrony Bank, P.O. Box 965012, Orlando, FL 32896-5012. This is the only way 
you can reject this section.  Rejecting this Arbitration section will not affect any other provision of the Agreement. It will also not affect any prior arbitration 
agreement or dispute resolution provision between you and us, which will remain in full force and effect. If you don’t reject this Arbitration section, it will be 
effective as of the date of the Agreement and will supersede any prior arbitration agreement between you and us that would otherwise be applicable.

This section of the agreement includes state notices, billing rights summary and rewards terms (if applicable) and is not required to be provided as part of the 
credit card agreement posted online or provided to the CFPB.

SECTION IV: OTHER IMPORTANT INFORMATION

FR833282333  BRANDSMART CREDIT CARD
PLCC TC 184-024-00 38303E
6/19

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