Credit Card Agreement for Yamaha 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
14.99% 22.99%.
(APR) for Purchases
This APR will vary with the market based on the Prime Rate.
Penalty APR and When It
28.99%.
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 $1.00 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 11.74 to 19.74 percentage points for the Standard Rate and a "Spread" of
25.74 percentage points for the Penalty Rate. Any changes in the Prime Rate will take effect on the first day of your billing cycle beginning in the next month.
CAPITAL ONE® CUSTOMER AGREEMENT
How We Will Calculate Your Balance: We use a method called "average
MINIMUM INTEREST CHARGE
daily balance (including new purchases)".
If you are charged Interest, the charge will be no less than the
Minimum Interest Charge listed in the separate chart "Account
Billing Rights: Information on your rights to dispute transactions and
Opening Table".
how to exercise those rights is provided in this Cardholder Agreement.
You may pay the entire New Balance at any time.
ABOUT ACCOUNT FEES & OTHER CHARGES
NOTICE FOR MARRIED WISCONSIN RESIDENTS: No provision of a marital
FEES AND LIMITS
property agreement, unilateral statement under Section 766.59 of
The fees that apply to your Account are shown in the purchase balance
the Wisconsin Statutes, or court order under Section 766.70 of the
unless otherwise stated in this Agreement.
Wisconsin Statutes adversely affects the interest of the creditor unless
the creditor, prior to the time the credit is granted, is furnished a copy
If charging any fee shown in the separate chart "Account Opening
of the agreement, statement or decree or has actual knowledge of
Table" would exceed first-year fee limits set by law, we may charge an
the adverse provision when the obligation to the creditor is incurred.
amount allowed by law. If we do this, it does not affect our ability to
If you are married, by submitting your credit card application you are
charge the full fee amount later.
confirming that this credit card obligation is being incurred in the
LATE PAYMENT FEE
interest of your marriage and your family. If the credit card for which
This fee is shown in the chart below. It is charged in any billing
you are applying is granted, you will notify the Bank if you have a
cycle that you do not pay at least the Minimum Payment Due by the
spouse who needs to receive notification that credit has been extended
Payment Due Date. In no event will your Late Payment Fee exceed the
to you.
Minimum Payment Due.
CARDHOLDER AGREEMENT AND DISCLOSURE STATEMENT
Outstanding Balance
Late Payment Fee
Late Payment Fee if
You have been approved for a Yamaha Motor Corporation, USA credit
on Payment Due
first time your
another payment is late
card. This account is issued by Capital One, N.A. (Capital One).
Date
payment is late.
during the next 6 billing
INTEREST RATES INFORMATION
cycles.
Your variable Annual Percentage Rate (APR) is your Spread plus the
Up to and including
$15
$15
Prime Rate, which is described in the HOW A VARIABLE RATE MAY
$100
CHANGE section. Your Daily Periodic Rate (DPR) is described in the
INTEREST CHARGES section.
More than $100 and
$25
$35
up to and including
Rates accurate as of 11/01/2013
$1000
APR
More than $1000
DPR
Spread
$25
$35
Standard APR
22.99%
.06299
19.74%
OVER THE CREDIT LIMIT FEE
This fee is shown in the table on page 1 and will be charged if:
Penalty APR
28.99%
.07942%
25.74%
your Account balance exceeds your credit limit at any time during a
billing cycle.
HOW A VARIABLE RATE MAY CHANGE
RETURNED PAYMENT FEE
Your variable APRs can change with each monthly billing cycle.
This fee is shown in the table on page 1. It is charged each time a
We will apply each APR to the applicable balance for each type of
check or other form of payment to us is returned or not honored.
transaction. Each variable APR will be equal to:
PAYMENT BY PHONE FEE
a) the amount shown in the chart ("Spread"); plus
This fee:
b) the U.S. "Prime Rate" as defined below.
may be charged each time anyone makes a payment to your
The Prime Rate will be as shown in the Money Rates table of The Wall
Account with the assistance of a live phone representative; and
Street Journal that is in effect on the last day of the month.
the amount is disclosed at the time a payment by phone is requested.
Any changes in the Prime Rate will take effect on the first day of your
COPY REQUEST FEE
billing cycle beginning in the next month.
A copy request fee may be charged each time a copy of a document
is requested.
An increase in the U.S. Prime Rate will increase your Daily Periodic
Rates. It may also increase your
The fee amount will be disclosed at the time of your request.
Interest Due; and/or
REISSUED CARD FEE
Minimum Payment Due.
You may be charged $5 each time you request that your credit card
ABOUT THE PENALTY APR
be reissued.
If you do not make your Minimum Payment Due within 60 days after
MINIMUM PAYMENT DUE
the Payment due date we may increase your APRs to the Penalty APR.
You agree to pay us at least the Minimum Payment Due, reflected on
If this occurs:
your statement. If you wish, you may pay more than the Minimum
we will provide advance notice before the Penalty APR goes into effect.
Payment Due and at any time you may pay the entire amount due.
once the Penalty APR goes into effect, if you make six consecutive
Your Minimum Payment due is equal to your Minimum Payment
on-time minimum payments when due, your rates will return to the
plus the Special Repayment Terms for any Promotional Credit Plans
non-penalty APRs applicable to your Account.
with a special repayment term plus any debt cancellation fees or
If you do not make six consecutive on time minimum payments, we
credit insurance premiums attributable to any Reduced Rate/Special
may keep the Penalty APR on your Account indefinitely.
Repayment Terms Credit plans plus any delinquent amounts. The
Minimum Payment is the greater of a.) $25 or b.) 1% of your "New
ABOUT INTEREST CHARGES
Balance" (which does not include balances on Special Repayment
Terms Credit Plans) plus billed Interest Charges plus any Late Fees
TREATMENT OF FEES AND INTEREST
assessed for that month, rounded to the next highest dollar. Your
Any fees or Interest will be added to your purchase balance unless
monthly billing statement will include requirements for you to
otherwise stated in this Agreement.
follow in making payments including the cut-off hour for receipt of
payments, which may affect crediting of your payments.
INTRODUCTION
If your Account is a joint Account, each of you is jointly and
individually responsible for amounts due. This remains true in the event
KEY TERMS
of death, divorce or other events that affect liability between you and
"You" and "your" means each Applicant and Joint Applicant who:
the other person.
applied for this Account bearing the name Yamaha; and/or
agrees to pay for the Account.
If any joint Accountholder requests to not be liable for future
transactions, we may close the Account.
"We," "us," and "our" means Capital One, N.A., located at 1111 Town
Center Drive, Las Vegas, Nevada 89144.
SECURITY INTEREST
"Applicant" means the primary Cardholder. "Joint Applicant" means
A "Security Interest" is our interest in an item that you buy using your
the secondary Cardholder.
Account that secures the payment of your Account.
"Agreement" means all parts of this document and any future
Except as noted below, you grant us a security interest (which we may or
supplements or amendments.
may not perfect) in the following items financed using your Account:
any goods you buy with your Card; and
"Card" means any card, card number or other device we issue to
any proceeds you get from the following:
access your Account.
a) insurance contracts, and returned premiums: and/or
GETTING STARTED
b) mechanical failures and/or
The Card must be signed to be used.
c) extended service contracts.
When you use the Account or sign the card or sales slips, you agree to:
Each good you buy using your Account:
the terms of this Agreement; plus
secures your entire Account balance until that good is paid in full; and
any amendments or supplements to the Agreement.
may be taken from you if you do not pay on time.
You may close your Account at any time. Please see the Closing Your
To decide when a purchase is paid off and no longer subject to a
Account section for details.
security interest, your payments will be first applied to: described in the
"How We Apply Payments" section of this agreement.
USING YOUR ACCOUNT
Once you have fully paid for any good, we will release our purchase
ALLOWED USE
money security interest in that good.
We do not take a security interest if you:
You agree to:
use your Account only for lawful purposes
live in NY and the original purchase price of the good was less than $200 or
use your Account for only personal, family, household, or charitable
live in MD and the original purchase price of the good was less than $700.
purposes; and
If we take back any good, we may charge you our costs and require
repay us for all costs related to uses not allowed under this Agreement.
you to make the good available at a convenient place of our choice as
You are not allowed to use your Account:
allowed by law. This may include our cost to:
to make payments to this credit card or any other loan payments to
repair the good; and/or
us or our affiliates; or
store the good; and/or
for internet gambling.
sell the good; and/or
other costs allowed by law.
If you have given someone permission to use the Card, this is not
WHEN AND HOW TO PAY
unauthorized use and you will be liable for all use by that person.
You agree to:
CREDIT LIMIT
pay at least the Minimum Payment Due shown on your billing
When you open your Account, we will tell you your credit limit.
statement; and
make this payment in time to be credited by no later than the
We may change this limit from time to time. Whenever this occurs, we
Payment Due Date.
will notify you:
on your billing statement; and/or
How your Minimum Payment Due is determined as shown in the
by sending a notice.
MINIMUM PAYMENT DUE section.
You agree to:
If you wish, you may pay more than the Minimum Payment Due or the
keep your Account balance (which includes Interest and other
entire balance at any time.
charges) within your credit limit; and
immediately pay any over limit amount that might occur.
Instructions for making timely payments are shown on your billing
statement.
Your available credit may not reflect your payments for up to 14 days.
If a transaction would exceed your available credit limit, we may
Payments must be:
decline it.
made in U.S. dollars; and
paid from a U.S. bank or other U.S. financial institution; and
USING THE ACCOUNT
sent in a form that is acceptable to us.
At times we may:
decline a transaction if there is not enough available credit and for
Acceptable forms of payment include:
any other reason and/or;
a check or money order; or
an electronic funds transfer
require our Authorization before allowing a transaction.
A merchant may check your ID.
If you want to write any special conditions on your payment, such as
"paid in full", "without recourse", or similar language, you must:
We are not liable if:
Mark this clearly on your payment.
a merchant refuses your card; and/or
Payment must be marked for Special Handling and sent to:
we do not complete your transaction for any reason.
Capital One, PO Box 5226, Carol Stream, IL 60197-5226.
Unless you follow the above directions, we may accept a payment
PAYING YOUR BILL
marked with special conditions and not agree to those conditions, and
PROMISE TO PAY
will not lose any of our rights.
You promise to pay for all:
By sending us a check for payment on your Account, you authorize us
credit we extend; plus
either to:
Interest charges and other fees or charges; plus
use information from your check to initiate an electronic fund transfer
collection costs and attorney fees as allowed by law.
from your payment account according to the terms of the check; or
to process this transaction as a check.
When we use your check to make an electronic fund transfer:
For Same As Cash Plans, if interest is applied, the interest is accrued
funds may be withdrawn from your payment account the same day
from the transaction date of the purchase through the current cycle.
we receive your payment; and
The Interest Charge is the total of:
you will not receive your check back from your bank.
the applicable Daily Periodic Rate for the current cycle times the Daily
Balance for each day in the current cycle; plus
When you use our optional payment by phone service, you agree that:
the applicable Daily Periodic Rate for each prior cycle times the Daily
we may make an electronic funds transfer from the bank account
Balances of the Credit Plan for each day during each prior cycle.
you choose; or
we may process the payment the same way we would process a check.
For Plans other than Same As Cash, the interest charge is the total of:
the applicable Daily Periodic Rate for the Plan times the Daily Balance
You authorize the amount and timing of each payment. Please retain
for the plan for each day in the cycle.
this authorization for your records.
HOW DAILY BALANCE IS DETERMINED
If you have a returned payment:
To determine your Daily Balance, we:
the amount you paid will be added back to your Account and
take the opening balance for each Plan for that day; then
may be applied to a different category than originally posted. (e.g.
add the following that were incurred on that day:
purchases, etc.); and
a) any new purchases
Interest Charges may be restored back to the payment date at the
b) any previous day's periodic Interest Charges
APR for that transaction
c) any fees and charges, including any credit insurance premiums or
debt cancellation fees, if these apply; then
ACCOUNT FEES AND OTHER INTEREST RATES
subtract any payments and/or credits.
ABOUT YOUR APRs
For any Same As Cash Credit Plan:
Your APRs are shown on page 1.
Any credit insurance premiums or debt cancellation fees are not
A Daily Periodic Rate is used to determine your Interest Charges in any billing
included in the Daily Balance of that Plan during the promotional period.
cycle. To determine this rate, we divide your APR by 365; then round this
number up to the next hundred thousandth of a percentage point.
We also make any needed adjustments. For example:
If a transaction posts after but occurs before the start of a billing cycle,
PROMOTIONAL CREDIT PLANS
we may adjust the amount above to include this transaction. It will be
From time to time, we may offer one or more Promotional Credit
included as of the first day of the billing cycle in which it posts.
Plans. These may be offered to you:
If your Account is subject to a grace period during the billing cycle,
prior to your purchase; and/or
your payments will be subtracted from all Daily Balances in the
at the time of your purchase.
current billing cycle.
Any of these Plans may be offered at any time and are conditioned on
If a transaction for a returned payment or a dispute resolved in our favor
your timely payment of at least the Minimum Payment Due for each
posts after the beginning of the billing cycle, we will make this adjustment:
billing statement:
the applicable Daily Balance(s) and any related Interest Charges will
a) Waived Interest Charge Credit Plan
be adjusted to include the transaction amount as of the date of
With this Plan there are no Interest Charges on your purchase for a
the original payment or transaction.
specified period.
To calculate your Average Daily Balance, we:
b) Same As Monthly Payment Credit Plan
add the Daily Balances for each day of the billing cycle; then
With this Plan, there are no Interest Charges on your purchase if
divide this total by the number of days in the billing cycle.
you repay the full cash price of the purchase before the promotional
expiration date shown on your billing statement.
HOW TO AVOID PAYING INTEREST ON PURCHASES
If you do not repay in full by the promotional expiration date, Interest
The number of days until your Payment Due Date after the close
Charges will be imposed from the purchase date.
of each billing cycle is indicated in the Interest Rates and Interest
c) Reduced Rate Credit Plan
Charges section of this Agreement. We will not charge you Interest on
With this Plan, you will receive a reduced periodic rate on your
purchases if you pay your entire balance by the due date each month.
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
for the specified period.
EXCEPTIONS
e) Special Repayment Term / Reduced Rate Credit Plan
1. For New Purchases and balances: No interest is charged in a billing
With this Plan special repayment terms and a reduced periodic rate will
cycle on a Regular, Reduced Rate, or Special Repayment Terms
be applied to the purchase for the specified period.
Credit Plans if the combined Previous Balance of those Plans at the
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
These plans are only offered when the total amount financed is 130% or
c) paid in full before the Payment Due Date that falls during the cycle;
less of the MSRP for the unit.
2. For Waived Interest Charge Credit Plans: No interest is charged for the
promotional period.
If you make more than one purchase on your card, these balances may
3. For Same As Cash Credit Plans: No interest is charged if the full cash
be treated differently.
sales price is paid in full before the promotion expiration date.
Certain rules apply to the allocation of payments and interest charges
HOW WE APPLY PAYMENTS
on your promotional purchase if you make more than one purchase on
The amount of your payment that is equal to the Minimum Payment
your Card. Call 1-888-367-4310 or review the HOW WE APPLY PAYMENTS
Due is:
section of this Agreement for information.
applied as we determine within legal guidelines; and
usually applied to the minimum due on each credit plan.
INTEREST CHARGES
Any payment amount over the Minimum Payment Due is applied to
HOW INTEREST CHARGES ARE CALCULATED
higher APR balances before lower ones.
Each billing statement shows the Interest Charges, which are
calculated separately for each:
If you have a Same As Cash Credit Plan(s):
Promotional Credit Plan with a unique due date or unique terms;
Until the final two complete billing cycles:
Regular Credit Plan
We apply payments the same way we apply payments to a Same As
Cash Credit Plan having a 0% APR
The total interest charge for the billing cycle is the sum of the interest
During the final two complete billing cycles and up to the date of
charge for each plan subject to the minimum interest charge shown in
expiration we will apply payments received in this order:
the chart.
1) To the required Minimum Payment Due; and
2) To the plan(s) that is expiring, in the order of expiration.
MANAGING YOUR ACCOUNT
CREDIT REPORTING
You agree that we may obtain and use credit information about you
OTHER USERS
from others such as:
You may permit others to use your Card or Account Number.
merchants or stores;
You are responsible for all charges made by permitted users.
other lenders;
consumer reporting agencies.
If you wish to revoke another person's permission to use your Account,
you must notify us. We may close your Account and issue a new Card
If you believe we have reported inaccurate information about your
with a different Account number.
Account to any consumer reporting agency you should:
notify us and ask us to correct the inaccurate information by writing
UPDATING YOUR RECORDS
to us at Capital One, PO Box 5253, Carol Stream, IL 60197-5253.
You agree:
a) to give us prompt advance notice of any change in your name,
When you write to us, tell us:
mailing address, phone number, or employer;
your Account number; and
b) to promptly give us accurate financial information about you if we
the specific information you believe is not correct; and
ask for it; and
why you believe it is not correct.
c) the Department of Motor Vehicles may release your home address
INSURANCE
to us if we ever need it to find you.
If credit insurance was offered and your accepted it: You agree that
CLOSING YOUR ACCOUNT
your Account will be charged monthly; this charge, which is called an
You can close your account at any time by mailing your request to
insurance premium, will be based on the Average Daily Balances of your
Capital One, PO Box 5226, Carol Stream, IL 60197-5226. Your request
Account for the billing cycle in which the premium is assessed; and the
becomes effective when we receive it.
charges will begin on the transaction date(s) of your purchase(s).
Once you close the Account:
OTHER AGREEMENTS
you must destroy your card(s); and
you will still be responsible for all amounts owed according to the
ACCOUNT CLOSURE
terms of this Agreement.
At any time, for any reason, we may take any of these actions subject
to applicable law:
PROTECTING YOUR CREDIT
a) close your Account;
b) suspend your credit privileges;
LOST OR STOLEN CARD
c) reduce your credit limit.
You agree to notify us immediately if:
your Card is lost or stolen; or
If we close your Account:
your Account is used without your permission.
Interest Charges and fees will continue to accrue until your balance
is paid in full; and
You may call at any time. The phone number is listed on your billing
you agree to return or destroy your Card(s).
statement.
COMMUNICATIONS
LIABILITY FOR UNAUTHORIZED USE
We may contact you from time to time regarding your Account. We
If you notice the loss or theft of your credit card, or a possible unauthorized
may contact you in any manner we choose unless the law says that we
use of your card, you should call us at the number listed on your billing
cannot. For example, we may:
statement or the back of your card, or write to us immediately at:
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");
3) contact you at your home and at your place of employment;
You will not be liable for any unauthorized use that occurs after you
4) contact you on your mobile telephone;
notify us. You may, however, be liable for unauthorized use that occurs
5) contact you at any time, including weekends and holidays;
before your notice to us. In any case, your liability will not exceed $50.
6) contact you with any frequency;
7) leave prerecorded and other messages on your answering machine/
DEFAULT
service and with others; and
We may consider your Account to be in Default if you:
8) identify ourselves, your relationship with us and our purpose for
a) fail to make the Minimum Payment Due when due;
contacting you even if others might hear or read it.
b) exceed your credit limit;
c) become the subject of bankruptcy proceedings, foreclosure,
Our contacts with you about your Account are not unsolicited and
repossession, lien or judgment, garnishment, or attachment;
might result from information we obtain from you or others. We
d) give us misleading, false or incomplete information;
may monitor or record any conversation or other communication
e) fail to give us a current physical address when you apply and
with you. Unless the law says we cannot, we may modify or suppress
whenever you move;
caller ID and similar services and identify ourselves on these services in
f) make payments to us that are returned unpaid by your bank or other
any manner we choose. When you give us or we obtain your mobile
financial institution; or
telephone number, we may contact you at this number using an
g) default under any other agreement or security agreement you have
Autodialer and can also leave prerecorded and other messages. We
with us or with one of our affiliates; and/or
may do these things whether we contact you or you contact us.
h) become incompetent or deceased.
If you ask us to discuss your Account with someone else, you must
Upon default, we have the right to:
provide us with documents that we ask for and that are acceptable to us.
close your Account;
CHANGE OF TERMS
suspend your credit privileges;
require you to pay your entire Account balance including any
We may change this Agreement as allowed by applicable law. This may
Promotional Credit Plan balances, all accrued but unpaid Interest
include changing, adding, or removing terms. We may do this in response
Charges and other charges provided for in this Agreement immediately;
to 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
change the terms of your Account;
circumstances. Changes to some terms may require at least 45 days
sue you for what you owe.
advance notice, and we will tell you in the notice if you have the right to
reject a change. We cannot change certain terms during the first year of
If we incur costs to collect your balance owed including any attorney
fees, we may charge you for these costs as permitted by applicable
your Account.
law, and we will apply your payments first to these costs.
ACCOUNT ASSIGNMENT
What To Do If You Find A Mistake On Your Statement
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 your Account.
If you think there is an error on your statement, write to us at:
WAIVERS
Capital One
If we delay or take no action allowed under this Agreement, for any
PO Box 5893, Carol Stream, IL 60197-5893
reason, we will not lose or limit any of our rights under this Agreement
In your letter, give us the following information:
on any other occasion.
Account information: Your name and account number.
SEVERABILITY
Dollar amount: The dollar amount of the suspected error.
If a term is found to be invalid under any applicable law, rule or
Description of problem: If you think there is an error on your bill,
regulation, then all other terms of this Agreement will remain valid.
describe what you believe is wrong and why you believe it is a mistake.
NOTICE FOR CALIFORNIA RESIDENTS: California law requires that we
You must contact us:
inform customers that should they fail to fulfill the terms of their credit
Within 60 days after the error appeared on your statement.
obligation, a negative report reflecting on their credit record may be
At least 3 business days before an automated payment is scheduled,
submitted to a credit reporting agency. If you are married, you may
if you want to stop payment on the amount you think is wrong.
apply for credit in your own name.
You must notify us of any potential errors in writing. You may call us,
NOTICE FOR FLORIDA RESIDENTS: You (borrower) agree that, should we
but if you do we are not required to investigate any potential errors
obtain a judgment against you, a portion of your disposable earnings
and you may have to pay the amount in question.
may be attached or garnished (paid to us by your employer), as provided
What Will Happen After We Receive Your Letter
by Florida and Federal law.
When we receive your letter, we must do two things:
NOTICE FOR MAINE RESIDENTS: We may request a consumer report in
1. Within 30 days of receiving your letter, we must tell you that we received
connection with your application for credit. You may ask whether a
your letter. We will also tell you if we have already corrected the error.
consumer report was obtained by us and we will tell you the name and
2. Within 90 days of receiving your letter, we must either correct the
address of the consumer reporting agency, if a report was obtained.
error or explain to you why we believe the bill is correct.
Missouri Residents: Oral agreements or commitments to loan
While we investigate whether or not there has been an error:
money, extend credit or to forbear from enforcing repayment of
We cannot try to collect the amount in question, or report you as
a debt including promises to extend or renew such debt are not
delinquent on that amount.
enforceable. To protect you (borrower(s)) and us (creditor) from
The charge in question may remain on your statement, and we may
misunderstanding or disappointment, any agreements we reach
continue to charge you interest on that amount.
While you do not have to pay the amount in question, you are
covering such matters are contained in this writing, which is the
responsible for the remainder of your balance.
complete and exclusive statement of the agreement between us,
We can apply any unpaid amount against your credit limit.
except as we may later agree in writing to modify it.
After we finish our investigation, one of two things will happen:
NOTICE FOR NEW YORK RESIDENTS: A consumer credit report may be
If we made a mistake: You will not have to pay the amount in
requested in connection with this application or in connection with
question or any interest or other fees related to that amount.
updates, renewals or extensions of any credit granted as a result of
If we do not believe there was a mistake: You will have to pay the
this application. Upon your request, you will be informed whether or
amount in question, along with applicable interest and fees. We will
not such a report was requested and, if so, the name and address of
send you a statement of the amount you owe and the date payment
the agency that furnished the report. New York residents may contact
is due. We may then report you as delinquent if you do not pay the
the New York State Department of Financial Services to obtain a
amount we think you owe.
comparative listing of credit card rates, fees and grace periods. New
York State Department of Financial Services: 1-800-522-3330.
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
NOTICE FOR OHIO RESIDENTS: The Ohio Laws against discrimination
you do so, we cannot report you as delinquent without also reporting
require that all creditors make credit equally available to all
that you are questioning your bill. We must tell you the name of
creditworthy customers and that credit reporting agencies maintain
anyone to whom we reported you as delinquent, and we must let those
separate credit histories on each individual upon request. The Ohio
organizations know when the matter has been settled between us.
Civil Rights Commission administers compliance with this law.
If we do not follow all of the rules above, you do not have to pay the
NOTICE FOR VERMONT RESIDENTS: A consumer credit report may be requested
first $50 of the amount you question even if your bill is correct.
in connection with this application or in connection with updates, renewals
or extensions of any credit granted as a result of this application. Upon your
Your Rights If You Are Dissatisfied With Your Credit Card Purchases
request, you will be informed whether or not such a report was requested
If you are dissatisfied with the goods or services that you have
and, if SO, the name and address of the agency that furnished the report.
purchased with your credit card, and you have tried in good faith to
The information about the costs of the Card described in this Cardholder
correct the problem with the merchant, you may have the right not to
Agreement and Disclosure Statement is accurate as of November, 2013. This
pay the remaining amount due on the purchase.
information may have changed after that date. To find out what may have
To use this right, all of the following must be true:
changed write to us at 1111 Town Center Drive, Las Vegas, Nevada 89144.
1. You must have used your credit card for the purchase. Purchases
made with cash advances from an ATM or with a check that
APPLICABLE LAWS
This Agreement is governed by the Commonwealth of Virginia law and
accesses your credit card account do not qualify.
federal law.
2. You must not yet have fully paid for the purchase.
We make our credit decisions and extend credit to you under this
If all of the criteria above are met and you are still dissatisfied with the
Agreement from the Commonwealth of Virginia. This Agreement is:
purchase, contact us in writing at:
entered into in the Commonwealth of Virginia; and
Capital One
maintained in the Commonwealth of Virginia.
PO Box 5893, Carol Stream, IL 60197-5893
This is true whether or not you use your card in the Commonwealth of
While we investigate, the same rules apply to the disputed amount as
Virginia.
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
Your Billing Rights: Keep This Document For Future Use
pay, we may report you as delinquent.
This notice tells you about your rights and our responsibilities under
the Fair Credit Billing Act.
BR251791 (11/13) M-110163