IMPORTANT NOTICE FOR CUSTOMERS THAT OPENED THEIR
817131018 (07/14)
ACCOUNT VIA TELEPHONE
Please see the enclosed Credit Card Account Agreement for the
No payment shall operate as an accord and satisfaction without our
Terms and Conditions (Terms) of your new credit card account.
prior written approval
Customers that opened their accounts via telephone will have up
B. Keeping your account in good standing
to 25 days from the date of application to review these Terms and
Avoiding default
either accept or reject them. You do not have to take any action
You'll be in default under this Agreement if you:
if you accept these Terms.
Fail to make any payment when due
Violate any provision of this Agreement
If you do not want to accept these Terms. you must contact the
Pass away
bank at 1-855-497-8167 (TDD/TTY 1-800-695-1788) within
Become the subject of bankruptcy or insolvency proceedings
the 25 day period. Any purchases that may have posted to your
Supply us with misleading, false. incomplete or incorrect information
account will be removed and your account will be closed. You will
Are unable unwilling perform the terms conditions of this Agreement
Fail supply us with any information we deem necessary
then be required to make arrangements with the merchant with
Default under any other loan or agreement you have with us or any of our
an alternate means of paying for any purcahses you have made
affiliates
or the return of any purchase(s) you have made at no cost to you.
Become incompetent
This right to reject is only applicable to those customers that
Exceed
your
Credit
Limit
Issue payment returned unpaid by your bank for any reason
opened their accounts via telephone.
If we consider your Account in default, we may suspend your ability to make
charges, close your Account, require you to pay the full amount you owe im-
Your Blair VIP Credit Card account agreement.
mediately or take any other action permitted by law. applicable law requires
us to so, we'll tell you in advance and/or give you the opportunity to remedy
This Agreement covers the Terms and Conditions of your account
default
with us. In this document, you will find important information
Reporting lost or stolen card (as applicable)
about using and managing your account, including a Privacy
If
you
notice
the
loss
or
theft
of
your
credit
card
or
possible
unauthorized
use
Statement and information concerning your billing rights. Your
of your card, you write to immediately PO Box 183003. Columbus,
use of the account, or failure to close the account within the
Ohio 43218-3003 call at 1-866-422-4471 (TDD/TTY 1-888-819-1918).
30 days of receiving this document, indicates your acceptance
You will not be liable for any unauthorized use that occurs after notify us. You
may. however be liable for unauthorized that occurs before your notice to us.
of the terms of this agreement, including the assessment of any
any case, your liability will not exceed $50.
interest char rges and fees.
C. Learning more about your account
Section of this Agreement also includes a Jury Trial Waiver and
Credit Plans
an Arbitration Provision in the event of a dispute.
Your Account may consist of non -promotional "Regular Revolving") Credit
You have a right to reject this Arbitration Provision.
Plan and one or more promotional Credit Plans. Credit Plans offered and
If you do not reject this Arbitration Provision, it will be part
their partici features (including but not limited to minimum purchase re-
of this Agreement and will:
ements and minimum payment may vary at our discretion
0
Eliminate your right to trial by jury; and
and include one or more Regular Revolving or promotional Credit Plans.
o
Substantially affect your rights, including your right to
We may offer different promotional Credit Plans from time time.
bring, join in or participate in class proceedings.
promotional Credit Plan offered at the time you open your Account,
this Agreement will include information about the terms for the Plan, by use
Please read each section carefully and keep this document for
of an insert. attachment, or other written information provided as part of this
your records.
Agreement.
In the following sections, you will find information on:
Normal late fees. returned payment fees and all other provisions apply to
Financial terms of your account: An at-a-glance summary of the fees and charges
any promotional Credit Plan, unless inconsistent with particular Credit
Plan offering.
associated
with
your
account
A. Getting started the basics of your account
If the promotional Credit Plan purchase isn't paid in full before the promo-
tional period ends, the balance will be transferred to your Regular Revolving
B. Keeping your account in good standing avoiding default, and what to do if
balance.
card is lost stolen, applicable
Promotional Credit Plans may include:
C.
Learning more about your account: credit plans, and credit limits, and how
o Waive Interest, Payment Required o Defer Interest, Payment Required
payments are calculated and applied
Waive Interest, Equal Payment
0 Defer Interest. Low Payment
D. Interest, fees and charges: when and how fees and costs are applied to your
Waive Interest, Low Payment
o Low APR, Equal Payment
account
Defer Interest. Equal Payment
o
Budget Payment
E.
Other important information: legal rights, costs, and how we'll handle
Skip -payment option
changes
to
your
account
At our discretion. we may allow you to skip making the Minimum Payment
F.
Disputes and reporting to consumer reporting agencies: data we provide,
Finance Charges will be assessed during the skip-payment period, but late
and receive from, consumer reporting agencies and what to do you think
fee won't be imposed This will not be considered a waiver of any of the
there an error on your periodic statement
rights
granted
by
this
Agreement
G.
Optional products: how to protect your account from fraud or theft, and
All other terms of your Account apply during the skip payment period.
information on services that can help pay your debt in case of emergencies
Credit limit
H.
Communicating with us: what happens when you contact us
Your Credit Limit the total maximum amount we permit you to owe us at
I.
Arbitration and jury trial waiver: how we' resolve disagreements, including
any
time.
jury
trial
waiver
and
Arbitration
provision
You may not exceed any Credit Limit that set for your Account.
Privacy statement: how collect, use share, and protect your personal informa-
If you do exceed your Credit Limit, can still charge you for all transac-
and the privacy make
tions, interest and other charges without giving up any of our rights under
Financial terms of your account
this Agreement.
We may change your Credit Limit at any time.
Interest Rates and Interest Charges
Account cancellation
You may cancel your Account You still obligated to pay the full amount
Annual Percentage
26.99%
you
owe
us.
Rate (APR) for
This APR will vary with the market based
We may cancel your Account at any time, for any reason.
Purchases
on the Prime Rate.
We may refuse authorize any purchase on your Account. We may also
suspend your Account and your right to use your Card, including each Card
Your due date is at least 25 days after
you give to others.
How to Avoid
the close of each billing cycle. We will
We may stop offering any Credit Plan at any time, for any reason.
Paying Interest
not charge you interest on purchases if
Cancellation suspension of your Account doesn't negate your obligation to
pay
any
amount
you
owe
us
you pay your entire balance by the due
Cancellation of your Account includes each Card you give to others.
date each month.
Minimum Payment
Minimum Interest
If you are charged interest, the charge
You can pay all of your Account balance at any time without
penalty
Charge
will be no less than $2.00 per credit
You must pay at least the Total Minimum Payment for each billing period by
plan
the Payment Due Date shown on your Statement.
For Credit
To learn more about factors to consider
The Minimum Payment is the total of the minimum payments for the Regu-
lar Revolving and promotional Credit Plans plus any Past Due amounts
Card Tips from
when applying for or using a credit
The Total Minimum Payment won't be less than $20.00. your Account
the Consumer
card, visit the website of the Consumer
balance less than $20.00, you must pay the amount indicated on your
Financial
Financial Protection Bureau at http://
Statement full.
Protection Bureau
www.consumerfinance.gov/learnmore.
The minimum payment for each Credit Plan is calculated as follows:
o
The minimum payments for Regular Revolving Credit Plans, Waive In-
Fees
terest, Payment Required and Defer Interest, Payment Required Credit
Plans will the greater of:
Annual Fee
None
(a) $5.00;
(b) 5% (rounded to the nearest $1.00) of the New Balance shown
Penalty Fees
on your Statement for that Credit Plan.
Late Payment
Up to $35.00
o
The minimum payment for the Waive Interest, Equal Payment and
De-
Returned Payment
Up to $35.00
fer Interest. Equal Payment Credit Plans will be the amount of the pur-
chase divided by the number of months between the date of the pur-
How We Will Calculate Your Balance: We use a method called
chase and the promotional period end date (minimum $5.00) rounded
'daily balance. See your Account agreement for more details.
up
to
the
nearest
$1.00
o
The minimum payment for the Low APR, Equal Payment Credit Plan
Billing Rights: Information on your rights to dispute transactions
will be the amount of the purchase including the calculated interest
and how to exercise those rights is provided in your account
charges that will be assessed from the date of purchase through the
agreement.
end of the promotional period divided by the number of months be-
tween the date of the purchase and the promotional period end date
Rate Information: The following chart provides details on your rate as of July 1,
(minimum $5.00) rounded up to the nearest $1.00
o
2014. We divide the APR by 365 to determine the daily periodic rate.
The minimum payment for the Waive Interest. Low Payment and Defer
Interest, Low Payment Credit Plans will be the greater of:
Add Index
APR
Daily Periodic Rate
(a) $5.00
(b) 1.0% (rounded to the nearest $1.00) of the New Balance
Purchase APR
23.74%
26.99%
0.07394%
shown on your Statement for that Credit Plan.
Payment application
We'll charge you minimum interest charge of $2.00 per credit plan for any
billing period in which interest IS due. For additional information, see Rates in
We reserve the right to apply payments equal to or less than the Total M ni-
Section
mum Payment however we see fit. which may result in balances subject to
Minimum Payment:
lower interest rates being paid prior to other balances. This may also result
The amount you must pay each billing period "Total M inimum Payment" is the
in higher interest charges.
total of minimum payments for Regular Revolving and promotional Credit Plan
Any payment you make in excess of the required Total Minimum Payment
purchas plus any Past Due amounts. The Total Minimum Payment won't
will be allocated to your Account as required by applicable law.
less than $20.00 your Account balance is than $20 ,00 you must pay the
Excess payments received before deferred interest promotion expires are
amount indicated on your billing statement ("Statement" in full. The minimum
applied to the deferred interest promotional balance first in the last two bill-
ing periods of the promotional period.
payment due for each Regular Revolving Credit Plan will be the greater of:
(a)
$5.00;
D. Interest, fees and charges
(b) 5% the New Balance shown on your Statement for that
Interest charges
Credit Plan (rounded to the nearest $1.00)
If you make a purchase under a Regular Revolving Credit Plan, interest
See Minimum Payment in Section C below for promotional credit plan minimum
charges won't be imposed in any billing period in which (i) no Previous Bal-
payment calculations.
ance exists or (ii) payments received and credits issued by the Payment Due
The APR information described below is accurate as of July 1. 2014. Due to al
Date, equal or exceed the Previous Balance
change in the index, this informat may have changed To find out cal
If the New Balance shown on your Statement isn't paid in full by the
1-866- 422-4471 (TDD/TTY: 1-888-819-1918). or write us at Comenity
Payment Date shown on your last Statement, there will be an interest
Capital Bank, PO Box 183003, Columbus, Ohio 43218-3003 or visit our website
charge on each purchase from the date purchase
at comenity.net/blair.
If you make purchase under any Waive Interest Credit Plan, we won't
A. Getting Started
charge interest on the purchase you pay the total purchase amount be-
Definitions
fore the end of the promotional period. you don't pay the total purchase
In this Agreement, "We, "Us" and "Our" mean Comenity Capital Bank. "You"
amount before the end of the promotional period, add remaining
and "Your" mean each person submits an application or solicitation for an
amount to your Regular Revolving balance We'll also begin charging inter-
Account
with
"Account"
means
credit
est the purchase from the first day after the promotional period ends.
your
card
account
with
US.
"Card"
means each credit card we issue for your Account applicable. 'Credit Plan"
If you make purchase under any Defer Interest Promotional Credit Plan
means one or more payment program options Blair may ask us to offer from time
and don't pay the total amount before the end of the promot ional period,
to
time.
we'll add the remaining purchase amount and the amount of accrued inter-
Upholding your Agreement
est to your Regular Revolving balance.
You agree to the terms of this Agreement, and promise to do everything
If you make a purchase under Low APR, Equal Payment Credit Plan,
interest will be assessed from the date of purchase through the end of the
required you. you sign submit an application or solicitation to obtain
promotional
period.
credit from us, you'l be legally bound by this Agreement. You're also legal
How we calculate Interest Charges on your Account
bound you sign charge slip, or permit someone else to use the credit
provided.
We calculate interest separately for each Credit Plan. using "Daily Balance"
to
You agree that the credit extended under your Account will be used only for
determine interest charges for each billing period. Our calculation method is as
follows:
personal, family or household purposes and not for business or commercial
purpose
We start with the beginning balance on your Account each day (including
If the Account is joint Account, you and the joint Account holder will be
unpaid interest charges and fees).
bound by this Agreement Each of you jointly and individually respon-
We subtract any payments credit adjustments (treating any net credit
sible for repaying all amounts due. If more than one person responsible
balance as zero balance) and add new transactions and debit adjustments
for this Account. we will only provide billing statements and communica-
posted as of that day. This gives us the "Partial Daily Balance" for the day.
tions
to
one
of
you.
We then multiply the Partial Daily Balance for the day by the Daily Periodic
Any authorized user of your Account will be bound by the terms of this
Rate. This gives us the "Daily Interest Charge" for the day, which we add to
Ag greement One dditional Card may be with the individual name
the day's Partial Daily Balance
an authorized user on the Card you want to revoke the of
We've now determined the "Daily Balance, which will be the beginning
your Account by user, either write us at the address, or call us
balance for the following day. This results in daily compounding of interest
charges.
the phone number shown on your Statement
You agree pay for all transactions made your Account by an authorized
At the end of each billing period, we add together each Credit Plan's Daily
user whether or not such transactions were authorized by you or made for
Interest Charge, which gives the total interest charge
your
benefit
Your Statement will show Balance Subject to Interest Rate. which is the
Card signature (as applicable)
sum of the Daily Balances for each day in the billing period divided by the
total number of days.
For your own protection, please sign your Card before using it. Keep in mind that
Rates
your signature on the Card isn't prerequisite to your obligation to pay amounts
incurred on your Account.
The Index in effect for each billing period will be the highest "Pr Rate'
Using your Account
of interest as published the "Money Rates" The Wall Street
Your Account may be used to make purchases from Blair and other retail
Journal for the calendar month preceding the month which the billing pe-
riod begins, rounded upward if necessary. to the nearest .001 % ("Index
we may determine occasionally by notifying via electronic mail, state-
Any variable APR may increase the Index creases.
ment message, website posting, or other method
An increase or the APR will result corresponding increase
We reserve the right to not honor transactions related to. including, but
not
limited to. gambling, ATM usage at casinos, and illegal activities.
or decrease in the amount of interest and may increase the Total Minimum
Payment.
Making payments
Other fees and charges
Pay your Account by sending check, money order, or cash ier's check pay-
You agree to pay the following fees and charges:
able in U.S. dollars, to the name and address shown on your Statement
specified
for
payments
Please
don't
Late Fee: If you don't pay at least the Minimum Payment Due by the Pay-
send
cash
ment Due Date, will charge you late fee.
Be sure to include your payment stub, do not staple your payment to the
o
stub, use the envelope provided with your Statement and don't send any
The fee $25.00 if you were not charged a late fee during any of the
prior six billing periods
con
with
your
payment
o
Otherwise, the fee $35.00.
If your payment doesn meet these requirements, it may not be credited
to
0
This fee will never exceed the minimum payment due that was due
your Account for to five days, or may be rejected
immediately prior to the date on which the fee was assessed
All written communications concerning disputed amounts, including
any
check other payment instrument marked with "payment in full" similar
Returned Payment Fee We may charge you fee for each payment that your
bank
doesn
honor
for
any
reason.
language, must be sent to 6550 North Loop 1604 East, Suite 101, San
0
Antonio, Texas 78247-5004.
The fee you were not charged a returned payment fee dur-
ing any of the prior six billing periods.
o We may accept payment sent to any other address without losing any
o
Otherwise the fee $35.00
of rights.
0
This fee will never exceed the minimum payment due that was due
immediately prior to the date which the
Although we may decide to do so, we aren't required to attempt to collect a
You also agree that these communications aren't unsolicited for purpo
payment
more
than
once
state federal law, and you understand that this may result in addition
Document
Fees:
we
provide
you
with
copy
of
any
Statement
sales
draft
text message, data charges.
or similar document at your request (except in connec with billing error
Phone monitoring
inquiries resolution), we may charge the Account the following fee(s),
To provide you with high-quality service, phone communication
subject any limitations applicable law:
monitored and/or recorded.
o
Statement copy $6.00
You agree that we monitor and/or record any phone calls between
o
Sales/Credit
Draft
copy
$6.00
us.
Check/Money Order $6 ,00
Please inform all authorized cardholders of this provision, in
Alternative Payment Method Fee We may offer alternative payment
meth-
acting on your behalf or making payments on this Account.
allow you to make individual, expedited payments to your Account
For Wisconsin residents:
over
the
phone.
If
you
choose
this
payment
method
we
may
assess
you
married,
please
contact
us
immediately
upon
the current fee we charge for this service, subject to any limitations of ap-
receipt
of
this
plicable
law.
Currently,
that
fee
up
to
$15.00
but
may
change.
We'll
let
at 1-866-422-4471 (TDD/TTY 8) and provide wit
you know the current fee before you authorize any payment(s), and you can
and address of spouse. We are required to inform your spouse th
opened
credit
account
for
withdraw your request if you don't want to pay the fee.
For bankruptcy notifications:
E Other important information
All bankruptcy notices and related correspondence to Comenity Ca
Collection costs
should
be
sent
to
the
following
address
Comenity
Capital
Bank,
E
To the extent not prohibited by plicable law, you agree to pay the reasonable
PO Box 183043. Columbus Ohio 43218-3043.
costs for collecting amounts due including reasonable attorney's fees and court
I. Arbitration and jury trial waiver
incurred by us or another person or entity.
A. Jury trial waiver
Changes
TO THE EXTENT PERMITTED BY LAW, YOU AND WE WAIVE ANY
We
may
add,
change,
or
delete
the
terms
of
your
Account
If
required
by
appli-
TRIAL BY JURY IN THE EVENT OF A LAWSUIT ARISING OUT OF OR
cable law we will give you advance written notice of the change(s) and right to
reject the change(s).
TO THIS AGREEMENT. THIS JURY TRIAL WAIVER SHALL NOT AF
Security Interest
ARBITRATION PROVISION BELOW (INCLUDING THE JURY TRIA
CONTAINED THEREIN). YOU AND WE EACH REPRESENT THAT THI
You
grant
us
security
interest
in
all
goods
you
purchase
through
the
use
of
the
IS GIVEN KNOWINGLY, WILLINGLY AND VOLUNTARILY.
Account
at
any
time
in
the
future
and
in
all
accessions
to
and
proceeds
of
B.
Notice
and
cure
such
goods.
We
waive
any
security
interest
we
may
have
in
your
principal
dwell-
Prior
bringing
lawsuit
or
initiating
an
arbitration
that
ing, to the extent that would otherwise secure any obligation arising hereunder.
asserts
a
out
related
to
this
to
information
Agreement
(as
further
defined
Changes
below,
your
the party asserting the Claim (the "Claimant' shall give the other
You agree to notify us immediately of any changes to your name, mailing address,
Defendant"
written
notice
of
the
Claim
(a
"Claim
Notice
and
a
electronic mail address or telephone number(s)
opportunity, not less than 30 days, to resolve the Claim. Any Claim No
Governing Law
shall
be
sent
in
writing
to
the
address
we
have
in
our
records
(or
an
THIS
AGREEM
IS
GOVERNED
BY
UTAH
AND
APPLICABLE
FEDERAL
LAW.
address subsequently provide us). Any Claim Notice
THIS IS THE LAW WE ARE SPEAKING OF WHEN WE REFER TO A TERM PER-
mail
to
Comenity
Capital
Bank,
PO
Box
182436.
Columbus
Ohio
43
MITTED OR REQUIRED BY APPLICABLE LAW.
(or any updated address we provide). Any Claim Notice
Transfer of Rights/Assignment
must
provide
name.
address
and
Account
number.
Any
Claim
N
Your rights under this can't be transferred by you, by operation of law
explain the nature of the Claim and the relief that demanded. You
or
otherwise.
but
your
obligations
will
be
binding
upon
your
estate
or
submit
Claim
Notice
on
your
own
behalf
and
not
on
behalf
any
We may transfer assign Account and/or this Agreement,
No third party, other than lawyer have personally retained, ma
or
any
of
our
rights
under
this
Agreement,
to
another
person
or
entity
at
any
time
Claim
Notice
your
behalf.
The
Claimant
must
reasonably
without prior notice to you or your consent
ing any information about the Claim that the other party reasonably re
No Waiver of Rights
C. Arbitration provision
We delay enforcing our rights under this Agreement without losing them.
READ THIS ARBITRATION PROVISION CAREFULLY. IF YOU DO NO
Severability
THIS ARBITRATION PROVISION IN ACCORDANCE WITH PARAGRAP
If any provision of this Agreement is in conflict with applicable law, that provision
LOW, WILL BE PART OF THIS AGREEMENT AND WILL HAVE A
will be considered to be modified to conform with applicable law.
TIAL IMPACT ON THE WAY YOU OR WE WILL RESOLVE ANY CLAI
Notice to New Jersey Residents
YOU OR WE HAVE AGAINST EACH OTHER NOW OR IN THE FUTURI
All provisions of this agreement are valid, enforceable and applicable in New
1.
Your
Right
to
Reject:
If
you
don't
want
this
Arbitration
Jersey.
prior
arbitration
agreement
between
you
and
("Prior
Arbitration
Ag
to
F. Disputes and Reporting to Consumer Reporting Agencies
apply
you
may
reject
by
mailing
us
written
rejection
notice
which
name
of
each
Cardholder
and
contains
that
you
(both
Credit Reports
than one) reject the Arbitration Provision of this The reject
You give us permission to investigate your credit record.
sent
to
at
Comenity
Capital
Bank,
PO
Box
182422,
Colun
You
agree
that
credit
report
may
be
requested
in
onnection
with
the
43218-2422. rejection notice only effectiv f it signed by you
processing
your
credit
application
report
may
also
be
in
if
more
one)
and
we
receive
within
thirty
(30)
calendar
day
connection
with
credit
extension,
request.
Account
renewal
or
date provide you with credit card agreement written notice
update.
Account
ellection
action.
or
dispute
investigation.
Upon
request
right
to
reject
this
Arbitration
Provision.
Your
rejection
of
this
the name and address of consumer reporting agency
Provision will not affect any other provision of this Agreement or you
furnished
report
you.
You
consent
to
the
obtaining
of
such
reports
by
obtain credit.
signing otherwise submitting an application or solicitation
2. Parties Subject to Arbitration: Solely as used in this Arbitration
understand
that
report
negative
information
(such
as,
late
pay-
(and
elsewhere
in
this
Agreement)
the
terms
and
"our
ments, missed payments or other defaults) about your Account to consumer
Comenity Capital Bank, any parent, subsidiary or affiliate of the Bar
reporting agencies
employees,
officers
and
directors
of
such
(the
"Bank
Part
You give permission to provide information about your Account to con-
(b) any other person company that provides any in
sumer reporting agencies and other creditors, as well as to the retailer whose
this
you
assert
Claim
against
such
other
person
or
com
name
appears
on
your
Card.
same time you assert Claim against any Bank Party.
Credit report disputes
3.
Covered
Claims:
'Claim'
means
any
claim,
dispute
or
If you believe the Account
information
we
reported
to
consumer
reporting
agen-
you and that any way arises from relates to this Agreement, th
is inaccurate, submit direct dispute to Comenity Capital Bank, PO
the
issuance
any
Card.
any
rewards
program,
any
prior
agreement
182120 Columbus, Ohio 43218-2120.
"Claim" includes disputes arising from actions or omissions prior
Your written dispute must provide sufficient information to identify the Account
any
Card
was
issued
you,
including
the
advertising
related
to,
appl
and specify why the information inaccurate
or approval of the Account "Claim" has the broadest possible
Account Information: Your name and Account number
includes
initial
claims,
counterclaims.
cross-claims
third
party
Contact Information: address and telephone number
includes
disputes
based
upon
contract,
tort,
consumer
rights,
fraud
Disputed Information: Identify the Account information disputed and
ex-
intentional
torts,
constitution.
statute,
regulation,
ordinance,
commo
plain
why
you
believe
is
equity (including any claim for injunctive or declaratory relief). "Claim
Supporting
Documentation:
If
available,
provide
copy
of
the
section
of
the
include
disputes
about
the
validity,
enforceability
coverage
or
scope
credit
report
showing
the
Account
information
you
disputing
tration Provision or any part thereof (including, without limitation, the
We will vestigate the disputed information and report the results to you within
against
class
proceedings,
private
attorney
general
proceedings
and/
30
days
of
rece
of
the
for
our
gation.
find
that
party
proceedings
described
in
Paragraph
C.7
(the
"Class
Action
Wa
the
Account
we
reported
is
we
promptly
provide
last
sentence
of
Paragraph
13
and/or
this
cessary correction to each consume reporting agency to which we reported
a
court
and
not
an
arbitrator
to
decide.
any
dispute
or
the
information
the validity enforceability of the Agreement as whole
Your Billing Rights: Keep This Document For Future Use
arbitrator
not
a court.
to
decide.
This notice tells you about your rights and our responsibilitie under the Fair
4.
Starting
an
Arbitration:
may
be
elected
by
any
party
W
Credit
Billing
to
any
Claim.
that
party
has
already
initiated
re
What Do If You Find Mistake On Your Statement
Claim. started by giving written demand for
think there an error on your statement, write to us at: Comenity Capital
the
party.
We
will
not
demand
to
arbitrate
an
individual
Clair
Bank, PO Box 182620, Columbus Ohio 43218-2620
against us court or state's equivalent court,
your letter, give the following information:
Claim
is
transferred,
removed
or
appealed
to
different
cour
Account information: Your name and account number.
have
the
right
to
demand
arbitration.
Dollar
amount:
The
dollar
amount
the
error.
5. Choosing the Administrator: Administrator'
means
the
American
Description of problem: If you think there an error on your bill, describe
Association ("AAA") 1633 Broadway, 10th Floor, New York, 100
what believe is wrong and why you believe it is mistake.
adr.org;
JAMS,
620
Eighth
Avenue,
34th
Floor,
New
York,
NY
100
You
must
contact
jamsad .com; or any other company selected by mutual
Within
60
days
after
the
error
appeared
on
your
statement
ties
If
both
AAA
and
JAMS
cannot
or
will
not
serve
and
the
parties
At least business days before an automated payment is scheduled, if you
to select an Administrator by mutual consent. the Administrator will
want
stop
payment
on
the
amount
you
think
wrong
by
court.
The
arbitrator
will
be
appointed
by
the
Administrator
You
must
notify
us
of
any
potential
errors
in
writing.
You
may
call
us,
but
if
you
with the rules of the However, the be
do not required to investigate any potential errors and you may have to pay
former
judge
lawyer
with
least
years
experience.
get
the
amount
question
you give written notice your selection with your
What Will Happen After We Receive Your Letter
you
electing
arbitrate
Claim
within
20
days
after
give
When receive your letter, we must do two things
that we electing arbitrate any Claim (or, if you dispute our right
1.
Within
30
days
of
receiving
your
letter.
we
must
tell
you
that
we
received
your
arbitration
of
the
Claim.
within
20
days
after
that
dispute
is
finally
letter.
tell
you
we
already
corrected
the
do not select the Administrator time, do Notwit
2.
Within
90
days
your
letter,
must
either
correct
the
error
any
language
in
this
Arbitration
or
Provision
the
contrary,
no
arbitrati
explain
to
you
why
we
believe
the
bill
correct.
administered without the consent of all parties to the arbitration. by
While
we
stigate
whether
not
there
has
been
an
error:
istrator that has place formal or informal policy that is
We cannot try to collect the amount in question, or report you as delinquent
Class Action Waiver
on
6. Court and Jury Trials Prohibited: Other Limitations on Legal Right
The charge question may remain on your statement, and we may continue
OR WE ELECT TO ARBITRATE A CLAIM. YOU WILL NOT HAVE THE
charge
you
interest
on
that
amount
PURSUE THAT CLAIM IN COURT OR HAVE A JURY DECIDE THE CLA
While you do not have pay the amount in question, you are responsible for
YOUR ABILITY TO OBTAIN INFORMATION FROM US IS MORE LIMIT
the
remainder
your
balance.
ARBITRATION
THAN
IN
A
LAWSUIT.
OTHER
RIGHTS
THAT
YOU
wo
apply any unpaid amount against your credit limit.
IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITR
After we finish our investigation one of two things will happen:
7.
Prohibition
Against
Certain
IF
YOU
OR
WE
ELECT
made
mistakes
You
not
have
pay
the
amount
in
question
or
any
TRATE CLAIM: NEITHER YOU NOR WE MAY PARTICIPATE IN
interest
other
fees
related
to
that
amount
ACTION
IN
COURT
OR
IN
CLASS-WIDE
RIBITRATION,
EITHER
AS
If
not
believe
there
was
mistake
will
have
to
pay
the
amount
in
TIFF, DEFENDANT OR LASS MEMBER: (2) NEITHER YOU NOR WE
question along with applicable interest and fees. We will send state-
AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN ARBITRA
ment
of
the
amount
you
owe
and
the
date
payment
due.
We
may
then
CLAIMS
BROUGHT
BY
OR
AGAINST
YOU
MAY
NOT
BE
JOINED
OR
report you as delinquent you not pay the amount we think you owe
DATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER PER
If
you
receive
our
explanation
but
stil
believe
your
bill
wrong,
you
must
(4) THE ARBITRATOR SHALL HAVE NO POWER OR AUTHORITY TO
to within 10 days telling us that you still refuse pay you do cannot
CLASS-WIDE ARBITRATION. PRIVATE ATTORNEY GENERAL ARB
report
as
without
also
reporting
that
you
your
bill.
OR MULTIPLE-PARTY ARBITRATION
We must tell you the name of anyone to whom we reported you as delinquent,
8. Location and Costs of Arbitration:
Any
arbitration
hearing
that
and let those organizations know when the matter has been settled
take
place
at
location
reasonably
convenient
you.
We
will
pa
between
all fees of the Administrator and/or the arbitrator applicable law
not
follow
all
of
the
rules
above.
you
do
not
have
to
pay
the
first
$50
of
to,
if
you
prevail
in
the
arbitration
or
must
fees
oro
your
correct
Arbitration Provision to be enforced If you demand an
Your Rights If You Are Dissatisfied With Your Credit Card Purchases
reasonable
attorneys
and
experts
fees
you
prevail
you
are
dissatisfied
with
the
goods
or
services
that
you
have
purchased
with
fees in order for this Arbitration Provision to be enforced. Also, we wi
your
credit
card,
and
you
have
tried
in
good
faith
to
correct
the
problem
the
fees
applicable
law
requires
us
to
merchant, you may have the right not to pay the remaining amount due on the
9. Governing Law: This rbitration Provision involves interstate
purchase.
governed
by
the
Federal
Arbitration
Act.
U.S.C.
§§
16
(the
To this right, all of the following must be true:
not by any state law. The arbitrator must apply applicable
The
purchase
must
have
been
made
in
your
home
state
or
within
100
miles
law with the FAA and applicable statutes of limitations and
of current mailing address, and the purchase price must have
privilege
recognized
law.
The
arbitrator
may
award
remedy
provi
$50.
(Note:
Neither
of
these
are
necessary
if
your
on
substantive
law
that
would
apply
the
action
were
pending
in
court
n advertisement
we
mailed
to
you,
or
if
we
own
the
company
that
sold
you
the
without limitation, punitive damages which shall be governed by the
services.
tional
standards
employed
by
the
courts)
At
the
timely
request
of
ei
You
must
have
used
your
credit
card
for
the
purchase.
Purchases
made
with
the
arbitrator
must
provide
brief
written
explanation
the
basis
for
from an ATM or with check that accesses your credit card ac-
10.
Right
to
Discovery:
In
addition
to
the
parties'
rights
to
obtain
qualify
pursuant
to
the
rules
of
the
Administrator.
either
party
have fully paid for the purchase
written
request
to
the
arbitrator
to
expand
the
scope
of
discovery
iteria above are met and you are still dissatisfied with the purchase,
lowable
under
the
itration
rules
of
the
The
arb
trator
contact
writing
at:
discretion
to
grant
or
deny
that
Capital Bank
11.
Arbitration
Result
and
Right
of
Appeal:
Judgment
upon
the
PO Box 182620, Columbus, Ohio 43218-2620
may
be
any
having
jurisdiction.
The
arb
While
we
investigate,
the
same
rules
apply
to
the
disputed
amount
as
discussed
final
and
binding,
for
right
appeal
provided
by
the
FAA
above After we finish our investigation, we will tell you our decision. At that
the
amount
of
the
$50
.000
involves
request
for
point. we think you owe an amount and you do not pay, we may report you as
that
could
eseeably
involve
benefit
delinquent
xceeding $50,000, any party can, within 30 days after the entry of
G. Optional products
by
the
arbitrator
appeal
award
to
three
e-arbitrator
panel
Administrator. he panel shall reconsider anew any aspect of the ini
Credit insurance (as applicable)
requested
by
the
appealing
party.
The
decision
of
the
panel
be
Purchasin credit insurar is optional. If you do choose to carry credit insurance
vote. Reference in this Arbitration Provision to "the arbitrator" shall
coverage, the charge will be added to your Account as purchase on
panel
an
appeal
of
the
arbitrator's
decision
has
been
taken.
The
the day each billing period cancel your coverage at any time.
appeal be borne in accordance with Paragraph C.8. above.
Account Assure Debt cancellation (as applicable)
12.
Rules
of
Interpretation:
This
Arbitration
Provision
Purchasing Account Assure is optional.
ment of all amounts owed under this Agreement the closing of the Ac
Your
decision
whether
not
to
purchase
Account
Assure
won't
affect
your
legal
proceeding
and
any
bankruptcy
to
the
extent
with
application for credit or the terms of any existing credit agreement you have
bankruptcy law. In the event of conflict inconsistency between th
with
tion
Provision.
on
the
one
hand,
and
the
applicable
rules
The monthly fee for Account Assure is based on the outstanding monthly
provisions of this Agreement, on the other hand. this Arbitration Prov
balance
your
Account
each
month
and
added
your
govern.
This
replaces
Prior
Arbitration
Agree
We'll provide additional information before you're required to pay for Ac-
13. Severability: any portion of this itration Provision. other than
count
Assure.
This
will
include
copy
of
the
terms
and
conditions
pertain-
Action
Waiver,
deemed
invalid
or
unenforceable.
the
remaining
por
ing
Account
Assure.
nevertheless remain force. determination is made that the Cla
cancel your Account Assure at any time
Waiver
unenforceable.
only
this
sentence
of
the
Arbitration
Agreeme
There are eligibility requirements conditions, and exclusions that
could
pre-
force and the remaining provisions shall be null and void, pro
vent you from receiving benefits under Account Assure
the
determination
concerning
the
Class
Action
Waiver
shall
subject
Be sure to carefully read the Addendum for a full explanation of the terms
14. Special Payment: If (1) you submit Claim Notice in accord
of Account Assure
Paragraph
above
on
your
own
behalf
(and
behalf
otl
H. Communicating with us
(2)
we
refuse
to
provide
you
with
the
request;
an
subsequently
determines
that
Communicating to you about your Account
you
were
entitled
to
relief
grea
If
we
need
to
contact
you
service
your
Account
or
to
collect
the arbitrator shall award you at least $5,100 (plus any fees and cost
amounts
you
owe
you are entitled)
to you give direct consent us, well as servicers. agents, contractors and
collectors your Account. communicate with you in any way, such as calling,
texting,
or
electronic
via:
comenity
Comenity Capital Bank, Salt Lake City, UT
1)
cell, landline or text number you provide use to contact us, or at which
290NAC
we believe we can reach you (even not yours),
2)
81713101
any electronic mail address you provide to one of our merchants,
3)
automated dialer systems and automatic telephone dialing systems,
4)
pre-recorded or artificial voice messages and other forms of communica
tions.
Pricing Addendum
Interest Rates and Interest Charges
Annual Percentage Rate
Prime rate plus 23.74%.
(APR) for Purchases
This APR will vary with the market based on the Prime Rate.
How to Avoid Paying
Your due date is at least 25 days after the close of each billing cycle. We will not
Interest
charge you interest on purchases if you pay your entire balance by the due date each
month.
Minimum Interest Charge
If you are charged interest, the charge will be no less than $2.00 per credit plan.
Fees
Annual Fee
None
Penalty Fees
Late Payment
Up to $35
Returned Payment
Up to $35
Balance Computation
We use a method called "daily balance (including new purchases)." "
Method