Your Boston Store Credit Card account agreement
321771006 (06/14)
This Agreement covers the Terms and Conditions of your account
with us. In this document, you will find important information
If we consider your Account in default, we may suspend your ability to make
about using and managing your account, including a Privacy
charges, close your Account. require you to pay the full amount you owe im-
mediately or take any other action permitted by law. If applicable law requires
Statement and information concerning your billing rights. Your
so, we'll tell you in advance and/or give you the opportunity to remedy
use of the account, or failure to close the account within the
your default
30 days of receiving this document, indicates your acceptance
Reporting lost or stolen card (as applicable)
of the terms of this agreement, including the assessment of any
you notice the loss or theft of your credit card or possible unauthorized use
interest charges and fees.
of your card, you should write to us immediately at PO Box 182273,
Section of this Agreement also includes a Jury Trial Waiver and
Ohio 43218-2273 call at 1-855-567-7740 (TDD/TTY: 1-800-695-1788)
You will not be liable for any unauthorized use that occurs after notify us. You
an Arbitration Provision in the event of a dispute.
may, however, be liable for unauthorized that occurs before your notice to us.
You have a right to reject this Arbitration Provision.
In any case, your liability will not exceed $50.
If you do not reject this Arbitration Provision, it will be part
C. Learning more about your account
of this Agreement and will:
Credit Plans
o Eliminate your right to a trial by jury; and
Your Account consist of non- promotional "Regular Revolving") Credit
o
Substantially affect your rights, including your right to
Plan and one or more promotional Credit Plans. Credit Plans offered and
bring, join in or participate in class proceedings.
their particular features (including but not limited to minimum purchase re-
Please read each section carefully and keep this document for
quirements and minimum payment) may vary occasionally at our discretion
your records.
and include one or more Regular Revolving or promotional Credit Plans.
We may offer different promoti ional Credit Plans from time to time.
In the following sections, you will find information on:
a promotional Credit Plan offered at the time you open your Account,
Financial terms of your account: An at -glance summary of the fees and charges
this Agreement will include information about the terms the Plan, by use
associated
with
your
account
of an insert, attachment, or other written information provided as part of this
A. Getting started: the basics of your account
Agreement.
B. Keeping your account in good standing: avoiding default, and what to
do
Normal late fees, returned payment fees and all other provisions apply to
your card lost or stolen, applicable
any promotional Credit Plan, unless inconsistent with a particular Credit
C.
Learning more about your account credit plans, and credit limits, and how
Plan offering.
payments are calculated and applied
If the promotional Credit Plan purchase isn't paid in full before the promo-
D. Interest, fees and charges: when and how fees and costs are applied to your
tional period ends, the balance will be transferred to your Regular Revolving
balance.
E. Other important information: legal rights, costs, and how we'll handle
Promotional Credit Plans include:
changes
your
o Waive Interest, Payment Required
o Defer Interest, Payment Required
F.
Waive Interest, Equal Payment
Disputes and reporting to consumer reporting agencies: data we provide,
0 Defer Interest. Low Payment
Waive Interest, Low Payment
and receive from reporti agencies, and what to do if you think
o Low APR. Equal Payment
Defer Interest, Equal Payment
o
there error on your periodic statement
Budget Payment
Skip-payment option
G.
Optional products: how protect your account from fraud or theft, and
information services that can help pay your debt in case of emergencies
At our discret we may you to skip making the Minimum Payment.
H. Communicating with us: what happens when you contact us
Interest Charges will be assessed during the skip payment period, late
I. Arbitration and jury trial waiver: how we' resolve disagreements, including
fee won't be imposed. This will not be considered a waiver of any of the
rights granted by this Agreement.
a
jury
trial
waiver
and
Arbitration
provision
All other terms of your Account apply during the skip-payment period.
Privacy statement: how collect, use, share, and protect your personal informa-
Credit
limit
tion; and the privacy choices can make
Your Credit Limit is the total maximum amount we permit you to owe us at
Financial terms of your account
any
time.
You may not exceed any Credit Limit that we set for your Account.
Interest Rates and Interest Charges
If you do exceed your Credit Limit can still charge you for all transac-
24.99%
tions, interest and other charges without giving up any of our rights under
Annual Percentage
this
Agreement.
Rate (APR) for
This APR will vary with the market based
may change your Credit Limit at any time.
on the Prime Rate.
Account cancellation
Purchases
You may cancel your Account. You' still obligated to pay the full amount
you owe
Your due date is at least 25 days after
We cancel your Account at any time. for any reason
How to Avoid
the close of each billing cycle. We will
We may refuse to authorize any purchase on your Account We may also
Paying Interest
not charge you interest on purchases if
suspend your Account and your right to use your Card, including each Card
you
give
to
others
you pay your entire balance by the due
We may stop offering any Credit Plan at any time, for any reason.
date each month.
Cancellation or suspension of your Account doesn't negate your ob igation
to
pay any amount you owe us.
Minimum Interest
If you are charged interest, the charge
Cancellation of your Account includes each Card you give to others.
Charge
will be no less than $2.00 per credit
Minimum Payment
plan
You can pay all of your Account balance at any time without
For Credit
penalty.
To learn more about factors to consider
Card Tips from
You must pay at least the Total Minimum Payment for each billing period by
when applying for or using a credit
the Payment Due Date shown your Statement.
the Consumer
card, visit the website of the Consumer
The Minimum Payment is the total of the minimum payments for the Regu-
Financial
Financial Protection Bureau at http://
lar Revolving and promotional Credit Plans plus any Past Due amounts.
Protection Bureau
www.consumerfinance.gov/learnmore.
The Total Minimum Payment won't be less than $25.00. If your Account
balance less than $25.00, you must pay the amount indicated on your
Statement full.
Fees
The minimum payment for each Credit Plan is calculated as follows:
Annual Fee
None
o
The minimum payments for Regular Revolving Credit Plans, Waive In-
terest, Payment Required and Defer Interest, Payment Required Credit
Penalty Fees
Plans will be the greater of:
Late Payment
Up to $35
(a) $5.00;
Returned Payment
Up to $35
(b) 3.5% (rounded up to the nearest $1.00) of the New Balance
shown on your Stateme for that Credit Plan.
o
The minimum payment for the Waive Interest, Equal Payment and De-
How We Will Calculate Your Balance: We use a method called
fer Interest. Equal Payment Credit Plans will be the amount of the pur-
"daily balance.' See your Account agreement for more details.
chase divided by the number months between the date of the pur-
Billing Rights: Information on your rights to dispute transactions
chase and the promotional period end date (minimum .00) rounded
up to the nearest $1.00.
and how to exercise those rights is provided in your account
o
The for the Low APR, Equal Payment Credit Plan
agreement.
will be the amount of the purchase including the calculated interest
charges that be from the date of purchase through the
Rate Information The following chart provides details on your rate as of June 1,
end of the ional period divided by the number months be-
2014. We divide the APR by 365 to determine the daily periodic rate.
tween the date the purchase and the promotional period end date
imum $5. 00) rounded up to the nearest $1.00.
Add Index
APR
Daily Periodic Rate
o
The minim payment for the Waive Interest. Low Payment and Defer
Interest, Low Payment Credit Plans will be the greater of:
Purchase APR
21.74%
24.99%
0.06846%
(a)
$5.00
We'l charge you minimum interest charge of $2.00 per credit plan for any
(b) 1.0% (rounded up to the nearest $1.00) of the New Balance
billing period in which interest is due. For additional information see Rates in
shown on your Statement for that Credit Plan.
Section D.
Payment application
Minimum Payment:
We reserve the right to apply payments equal to or less than the Total Mini-
The amount you must pay each billing period ("Total Minimum Payment") is the
mum Payment however we see fit. which may result in balances subject to
total
of
minimum
payments
for
Regular
Revolving
and
promotional
Credit
Plan
lower interest rates being paid prior to other balances. This may also result
purchases plus any Past Due amounts. The Total Minimum won't be
in higher interest charges.
less
than
$25.00
If
your
Account
balance
is
less
than
$25.00
must
Any payment you make in excess of the required Total Minimum Payment
pay
the
amount indicated on your billing ("Statement full. The minimum
will be allocated to your Account as required by applicable law
payment due for each Regular Revolving Credit Plan will be the greater of:
Excess payments received before deferred interest promotion expires are
(a)
$5.00;
applied to the deferred interest promotional balance first in the last two bill-
(b) 3.5% of the New Balance shown on your Statement for that
ing periods of the promotional period.
Credit Plan (rounded up to the nearest $1.00)
D. Interest, fees and charges
See Minimum Payment in Section below for promotional credit plan minimum
Interest charges
payment
calculations.
If you make purchase under a Regular Revolving Credit Plan, interest
The
APR
described
below
is
accurate
of
June
1.
2014.
Due
to
charges won't be imposed in any billing period in which (i) no Previous Bal-
change the index, this may have changed. To find out more, call
exists or (ii) payments received and credits issued by the Payment Due
-855-567-7740 (TDD/TTY: 1-800-695-1788), or write us at Comenity
Date. equal or exceed the Previous Balance.
Bank,PO Box 182273, Columbus, Ohio 43218-2273 or visit our website at
If the New Balance shown on your last Statement isn't paid in full by the
comenity.net/bostonstore.
Payment Due Date shown on your last Statement, there will be an interest
A. Getting Started
charge each purchase from the date of purchase
Definitions
If you make purchase under any Waive Interest Credit Plan, won't
In this Agreement, "We, "Us" and "Our" mean Comenity Bank. "You" and
charge interest on the purchase if pay the total purchase amount be-
"Your" mean each person who submits an application or solicitation for an Ac-
fore the end of the promotional period. you don't pay the total purchase
with
amount
count
before
the
end
of
the
"Account"
promotional
period,
we'l
add
the
us.
your
credit
card
account
with
"Card"
remaining
means
each credit card we issue for your Account as applicable. 'Credit Plan" means
amount your Regular Revolving balance. We'll also begin charging inter-
est
on
the
purchase
from
the
first
day
after
the
promotional
period
one more payment program options Boston Store may ask us to offer from time
ends.
to
time.
If you make purchase under any Defer Interest Promotion Credit Plan
Upholding your Agreement
and don't pay the total amount before the end of the promotional period,
we'll add the remaining purchase amount and the amount of accrued inter-
.
You agree to the terms of this Agreement, and promise to do everything
est to your Regular Revolving balance.
required
you
you
sign
submit
an
application
solicitation
obtain
If you make purchase under Low APR, Equal Payment Credit Plan,
credit from us, you be legally bound by this Agreement. You're also legally
interest will be assessed from the date of purchase through the end of the
bound you sign charge slip, or permit someone else to use the credit
promotional period.
provided.
How we calculate Interest Charges on your Account
You agree that the credit extended under your Account will be used only for
personal family or household purposes and not for business or commercial
We calculate interest separately for each Credit Plan, using 'Daily Balance"
to
purpose.
determine interest charges for each billing period. Our calculation method is as
follows:
If the Account is joint Account, you and the joint Account holder will be
bound by this Agreement Each of you will jointly and individually respon-
We start with the beginning balance on your Account each day (including
sible for repaying amounts due. If more than one person is responsible
unpaid interest charges and fees).
for this Account, we will only provide billing statements and communica-
We subtract any payments or credit adjustments (treating any net credit
tions one you.
balance as zero balance) and add new transactions and debit adjustments
Any authorized user of your Account will be bound by the terms of this
posted as of that day. This gives us the Partial Daily Balance' for the day.
Agreement. One additional Card may be issued with the individual name of
We then multiply the Partial Daily Balance for the day by the Daily Periodic
an authorized user embossed on the Card. If you want to revoke the use of
Rate. This gives us the 'Daily Interest Charge' for the day, which we add to
your Account by an authorized user. either write us at the address. or call us
the day's Partial Daily Balance
at the phone number, shown on your Statement.
We've now determined the "Daily Balance, which will be the beginning
You agree to pay for all transactions made on your Account by an authorized
balance for the following day. This results in daily compounding of interest
charges.
user, whether or not such transactions were authorized by you or made for
your
benefit.
At the end of each billing period, we add together each Credit Plan's Daily
Card signature (as applicable)
Interest Charge, which gives us the total interest charge.
Your Statement will show Balance Subject to Interest Rate, which is the
For your own protection please sign your Card before using it. Keep in mind that
sum of the Daily Balances for each day in the billing period divided by the
your signature on the Card isn't a prerequisite to your obligation to pay amounts
total number of days.
incurred your Account.
Rates
Using your Account
The Index in effect for each billing period will be the highest 'Prime Rate"
Your Account may be used to make purchases from Boston Store and other
of interest as published the 'Money Rates The Wall Street
retailers we may determine occasionally by notifying you via electronic mail,
statement message website posting, or other method
Journal for the calendar month preceding the month which the billing pe-
riod begins, rounded upward necessary. to the nearest .001% ("Index")
We reserve the right to not honor transactions related to including, but not
Any variable APR may increase the Index increases.
limited gambling, ATM usage at casinos, and illegal activities.
Making payments
An increase or decrease in the APR result in corresponding increase
or decrease in the amount of interest and may increase the Total Minimum
Pay your Account by sending check, money order. or cashier's check pay-
Payment.
able in U.S. dollars, to the name and address shown on your Statement
Other fees and charges
specified for payments Please don't send cash.
Be sure to include your payment stub, do not staple your payment to the
You agree to pay the following fees and charges
Late Fee If you don't pay at least the Minimum Payment Due by the Pay-
stub, use the envelope provided with your Statement and don't send any
ment Due Date, will charge you late fee.
pondence
with
your
If your payment doesn't meet these requirements it may not be credited to
o The fee $25.00 if you were not charged a late fee during any of the
six billing periods
your Account for up five days or may be rejected
0
Otherwise, the fee $35.00.
All written cations concer disputed amounts includi ng any
o
This fee will never exceed the minimum payment due that was due
check other payment strument marked with payment in full" similar
immediately prior to the date on which the fee assessed.
language must sent 6550 North Loop 1604 East, Suite 101, San
Antonio,
Texas
-5004.
Returned Payment Fee: We may charge you fee for each payment that your
bank doesn't honor for any reason
0 We may accept payment sent to any other address without losing any
o The fee $25.00 you were not charged returned payment fee dur-
rights.
ing any of the prior six billing periods.
0
No payment shall operate as an accord and satisfaction without our
o
Otherwise, the fee $35.00
prior written approval
0
This fee will never exceed the minimum payment due that was due
B. Keeping your account in good standing
immediately prior to the date on which the fee was assessed.
Avoiding default
Although we may decide to do so, we aren't required to attempt to collect a
You'll be in default under this Agreement if you:
payment more than once
Fail to make any payment when due
Document Fees: we provide you with copy of any Statement. sales draft
Violate any provision of this Agreement
or similar document your request (except in connection with billing error
Pass
away
inquiries or resolution), we may charge the Account the following fee(s),
Become the subject of bankruptcy or insolvency proceedings
subject to any limitations applicable law:
Supply us with misleading, false, incomplete or incorrect information
Statement
copy
$6.00
Are unable or unwilling perform the terms conditions of this Agreement
Sales/Credit Draft copy $6.00
Fail to supply us with any information we deem
Check/Money
Order
copy -
$6.00
Default under any other loan or agreement you have with us or any of our
Alternative Payment Method Fee: We may offer alternative payment meth-
affiliates
ods that allow you make individual. expedited payments to your Account
Become incompetent
over the phone. you choose to use this payment method we assess
Exceed your Credit Limit
the current fee we charge for this service, subject to any limitations ap-
Issue payment returned unpaid by your bank for any reason
plicable law. Currently that fee up $15.00 but may change. We'll
you know the current fee before you authorize any payment(s), and you
withdraw your request if you don't want to pay the fee.
E. Other important information
I. Arbitration and jury trial waiver
Collection costs
A. Jury trial waiver
To the extent not prohibited by applicable law, you agree to pay the reasonable
TO THE EXTENT PERMITTED BY LAW. YOU AND WE WAIVE
costs for collecting amounts due including reasonable attorney's fees and court
TRIAL BY JURY IN THE EVENT OF LAWSUIT ARISING OUT
costs incurred by us or another person or entity.
TO THIS AGREEMENT THIS JURY TRIAL WAIVER SHALL NO
Changes
ARBITRATION PROVISION BELOW (INCLUDING THE JURY
We
may
add,
change,
or
delete
the
terms
of
your
Account
If
required
by
appli
CONTAINED THEREIN). YOU AND WE EACH REPRESENT THA
cable law, we will give you advance written notice of the change(s) and right to
IS GIVEN KNOWINGLY, WILLINGLY AND VOLUNTARILY.
reject the change(s).
B. Notice and cure
Security Interest
Prior to bringing lawsuit or initiating an arbitration that assert
You
grant
us a
secur
ity
interest
in
all
goods
you
purchase
through
the
use
of
the
out of or related to this Agreement (as further defined below
Account.
now
at
any
time
in
the
future
and
in
all
accessions
to
and
proceeds
of
party
asserting
the
Claim
(the
"Claimar
shall
give
the
other
p
such
goods
We
waive
any
security
interest
we
may
have
in
your
principal
dwell
dant" written notice of the Claim (a "Claim Notice and
ing
to
the
extent
that
would
otherwise
secure
any
obligat
on
arising
hereunder
nity
not
less
than
30
days,
to
resolve
the
Claim.
Any
Claim
No
Changes to your information
be
sent
in
writing
to
the
address
have
in
our
records
any
You agree to notify us immediately of any changes to your name, mailing address,
you
subsequently
provide
to
us).
Any
Claim
Notice
electronic mail address or telephone number(s)
Comenity Bank PO Box 182436 Columbus Ohio 43218-2436
Governing Law
address we subsequently provide). Any Claim Notice you send
THIS
AGREEMED
IS
GOVERNED
BY
AWARE
AND
APPL
ICABLE
FEDERAL
name,
address
and
Account
number
Any
Claim
Notice
must
LAW THIS IS THE LAW WE ARE SPEAKING OF WHEN WE REFER TO A TERM
of
the
Claim
and
the
relief
that
demanded
You
PERMITT OR REQUIRED BY APPLICABLE LAW
tice your own behalf and not on behalf of any other party. No
Transfer of Rights/Assignment
than
lawyer
you
persona
retained
may
submit
Your rights under this Agreement can't be transferred by you, by operation of law
behalf
The
Claimant
must
reasonably
cooperate
providing
or
otherwise
but
your
obligations
will
be
binding
upon
your
estate
or
about the Claim that the other party reasonably requests
representatives. We may transfer or assign your Account and/or this
C.
Arbitration
or any of our rights under this Agreement, to another person or entity at any time
READ THIS ARBITRATION PROVISION CAREFULLY. IF YOU
without
prior
notice
to
you
or
your
consent
THIS ARBITRATION PROVISION IN ACCORDANCE WITH PARA
No Waiver of Rights
LOW. WILL BE PART THIS AGREEMENT AND WILL HA
We can delay enforcing our rights under this Agreement without losing them.
TIAL IMPACT ON THE WAY YOU OR WE WILL RESOLVE ANY
Severability
YOU OR WE HAVE AGAINST EACH OTHER NOW OR IN THE
If any provision of this Agreement is in conflict with applicable law, that provision
1. Your Right to Reject: If you don't want this Arbitration Pr
will be considered to be modified to conform with applicable law.
prior
arbitration
agreement
between
you
and
us
("Prior
Arbitrati
Notice to New Jersey Residents
to apply, you may reject it by mailing written rejection no
the
name
of
each
Cardholder
and
contains
statement
that
All provisions of this agreement are valid, enforceable and applicable in New
you
Jersey.
more than one) reject the Arbitration Provision of this Agreeme
notice
must
be
sent
to
us
at
Comenity
Bank,
PO
Box
182422.
F. Disputes and Reporting to Consumer Reporting Agencies
43218-2422. rejection notice only effective signed b
Credit Reports
if
more
than
one)
and
we
receive
within
thirty
(30)
calenda
You give US permission to investigate your credit record.
date we first provide you with credit card agreement written
agree
that
credit
report
may
be
requested
in
connection
with
the
you
right
to
reject
this
Arbitration
Provision.
Your
rejection
of
processing of your credit application. A report may also be requested in
Provision will not affect any other provision of this Agreement
connection
with
credit
extension
credit
request,
renewal
obtain
or
credit
update.
Account
collection
action
or
dispute
investigation.
Upon
request
2. Parties Subject to Arbitration: Solely as used in this Arbitrati
we
tell
you
the
name
and
address
of
any
consumer
report
that
not
ting
agency
this
Agreement),
the
terms
"we.
and
"ou
furnished
report
on
You
consent
to
the
obtaining
such
reports
by
menity Bank any parent subsidiary affiliate of the Bank and
signing
or
otherwise
submitting
an
application
or
solicitation
officers
and
directors
of
such
companies
(the
"Bank
Parties
You
understand
that
we
may
report
negative
info
(such
as,
late
person company that provides any services in connection with
pay-
ments, missed payments, or other defaults) about your Account to consumer
if you assert Claim against such other person or company at th
reporting
agencies
assert Claim against any Bank Party.
You
give
us
permission
to
provide
information
about
your
Account
to
3.
Covered
Claims:
con-
'Claim'
means
any
claim,
dispute
sumer reporting agencie and other creditors, as well as to the retaile whose
you
and
that
in
any
way
arises
from
or
relates
to
this
Agreeme
name
appears
on
your
Card
the issuance any Card, any rewards program, any prior agreen
Credit report disputes
"Claim"
includes
disputes
arising
from
actions
omissions
you believe the Account information we reported to consumer reporting agen-
any
Card
was
issued
to
you,
including
the
advertising
related
to
cy you may submit a direct dispute to Comenity Bank, PO Box
or approval of the Account "Claim" has the broadest possib
789,
Columbus
Ohio
43218-2789
includes initial claims, counterclaims claims and third-
Your written dispute must provide sufficient information to identify the Account
includes disputes based upon contract tort rights,
and specify why the information is inaccurate
intentional
torts.
constitution
statute.
regulation,
ordinance
Account Information: name and Account number
equity
(including
any
claim
for
injunctive
declar
relief)
Contact Information: Your address and telephone number
include
disputes
about
the
validity
enforceabi
lity
Disputed Information Identify the Account information disputed and ex
tration
Provision
or
any
part
thereof
(including
ithout
limitation
plain
why
believe
inaccurate
against
class
eedings,
private
you
attorney
Supporting
Documentation:
available
provide
of
the
section
of
party
proceedin
described
Paragraph
C.7
(the
"Class
the
Acti
copy
credit report showing the Account information you disputing
last
sentence
of
Paragraph
C.
13
and/or
this
sentence
We
invest
tigate
the
disputed
information
and
report
the
results
to
within
a
court
and
not
an
arbitrator
to
decide
However,
you
any
dispute
30 days of receipt of the information needed for our ligation. we find that
the validity or enforceability of the Agreement as
the
Account
information
we
reported
is
inaccurate.
arbitrator.
not
we
court.
to
decide.
will
promptly
provide
the
4.
necessary correction to each consumer reporting agency to which we reported
Starting
an
Arbitration:
Arbit
may
be
elected
by
any
pa
the information
to
any
Claim
that
party
has
already
initiated
lawsuit
Your Billing Rights: Keep This Document For Future Use
Claim started by giving written deman
to
the
other
This notice tells you about your rights and our responsibilities under the Fair
party.
We
will
not
demand
to
arbitrate
an
individua
Credit
Billing
against us small claims court or your state's quivalent
Act
What To Do If You Find Mistake On Your Statement
if
that
Claim
is
transferred.
removed
or
appealed
to
different
have
the
right
demand
arbitration
think there error on statement wr to us at Comenity Bank, PO
Box 182782. Columbus. Ohio 43218-2782
5. Choosing the Administrator: inistrator"
means
the
Ame
In your letter. give us the following information
Association "AAA") 1633 Broadway, 10th Floor, New York,
Account information: Your name and account number.
adr.org; JAMS, 620 Eighth Avenue, 34th Floor, New York, N
Dollar amount The dollar amount of the suspected error.
jamsadr .com; or any other company selected by mutual agreer
ties
If
both
AAA
and
JAMS
cannot
Description of problem: If you think there an error on your bill, describe
or
will
not
serve
and
the
pa
what you believe is wrong and why you believe it is mistake.
to select an Administrator by mutual consent the
You must contact us:
by
court.
The
arbitrator
will
be
appointed
by
the
Administrato
Within 60 days after the error appeared on your statement
with the rules of the Administrator. However the arbitrator
least
former
days
before
judge
lawyer
with
at
least
10
At
business
an
automated
years
experience.
You
payment
is
scheduled,
if
you
want
to
stop
payment
on
the
Administrator if you give written notice your with
amount
you
think
You
must
of
you
are
electing
to
arbitrate
any
notify
Claim
within
us
20
days
after
any
potential
errors
writing
You
may
call
us
but
if
you
that we are electing arbitrate any Claim (or. you dispute oui
do we are not required to investigate any potential errors and you may have to pay
arbitration
the
the
amount
question
Claim
within
20
days
after
that
dispute
What Will Happen After We Receive Your Letter
If you do not select the Administrator on time may do
any
language
in
this
Arbitration
When receive your letter, two things
Provision
the
contrary.
no
arl
1
Within
30
days
your
letter
must
tel
you
that
we
received
administered without the consent parties the arbitration
your
letter
We
also
tell
you
have
already
corrected
the
istrator that has place formal or informal policy that
error
Class
Waiver.
2 Within 90 days of receiving your letter must either correct the error or
explain
believe
6. Court and Jury Trials Prohibited: Other Limitations on Legal
to you why
the
While
investigate
whether
OR WE ELECT TO ARBITRATE CLAIM. YOU WILL NOT HAVE
or
not
there
has
been
an
error:
PURSUE THAT CLAIM COURT OR HAVE JURY DECIDE TH
We cannot try to collect the amount in question, or report you as delinquent
that
amount
YOUR ABILITY TO OBTAIN INFORMATION FROM US IS MORE
The charge question may remain on your statement, and we may continue
ARBITRATION THAN IN A LAWSUIT. OTHER RIGHTS THAT YO
to
charge
you
interest
that
IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE A
on
amount
7.
Prohibition
Against
Certain
Proceedings:
IF
YOU
OR
While do not have to pay the amount in question, you are responsible for
WE
E
TRATE CLAIM: (1) NEITHER YOU NOR WE MAY PARTICIPA
the remainder of your balance
ACTION IN COURT OR IN CLASS-WIDE ARBITRATION EITHE
We apply any unpaid against your credit limit.
After
we
finish
our
invest
of
two
TIFF, DEFENDANT OR CLASS MEMBER: (2) NEITHER YOU NO
things
happen:
If made mistake You will not have to pay the amount in question or any
AS PRIVATE ATTORNEY GENERAL IN COURT OR IN AR
interest
or
other
fees
related
to
that
CLAIMS BROUGHT BY OR AGAINST YOU MAY NOT BE JOINEI
amount
If we do not believe there was mistake. will have to pay the amount in
DATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER
question,
along
with
interest
(4) THE ARBITRATOR SHALL HAVE NO POWER OR AUTHORIT
applicable
and
fees
We
will
send
you
state-
ment of the amount you owe and the date payment due. We may then
A CLASS-WIDE ARBITRATION PRIVATE ATTORNEY GENERAL
report
as
delinquent
if
OR MULTIPLE-PARTY ARBITRATION.
you
you
do
not
pay
the
amount
we
think
you
owe.
If you receive our explanation but still believe your bill wrong you must write
8. Location and Costs of Arbitration: Any arbitration
hearing
within
10
must
take
to
us
place
at
reasonably
days
telling
us
that
you
still
refuse
We
pay
you
cannot
all
fees
of
the
administrator
and/or
the
report you delinquent without also reporting that you questioning your bill.
arbitrator
applicable
We
tell
the
to,
if
you
prevail
in
the
must
you
we
bear
such
fees
name
anyone
whom
we
reported
you
as
delinquent
itration
Provisi
to
be
enforced
If
and we must let those organizations know when the matter has been settled
you
demand
an
arbitrat
between
your
reasonab
and
experts
fees
you
prevail
If not follow al of the rules above, you do not have to pay the first $50 of
fees order for this Arbitratio Provision to be enforced. Also,
fees
the
amount
you
question
law
us
to
even
your
bill
correct
Your Rights You Are Dissatisfied With Your Credit Card Purchases
9.
Governing
Law:
This
involves
governed
by
the
Federal
Arbitratic
Act.
you
dissatisfied
with
the
goods
that
9
U.S.C
§§
or
services
you
have
with
1-16
purchased
credit card. and you have tried good faith to correct the problem with the
not by any state arb law. The arbitrato must apply applic
with
the
FAA
merchant you may have the right not to pay the remaining amount due on the
and
applicable
statutes
of
purchase.
privilege at law. The rbitrator may award any remedy
To use this right, all of the following must be true
substan tive law that would apply the action were pending in
The
purchase
must
have
been
made
in
your
home
state
or
within
100
miles
without limitation. punitive damages which shall be governed
tional
of
your
current
address
standards
mailing
the
employed
by
the
courts).
At
and
the
purchase
price
must
have
timely
request
than
$50.
(Note:
Neither
of
these
necessary
if
your
purchase
based
arbitrator must provide a brief written explanation the bas
was
on
10.
Right
to
Discovery:
In
addition
to
an advertisement we mailed to you, or we own the company that sold you the
parties'
rights
goods services.
pursuant to the arbitration rules of the Administrator. either
2.
You
must
have
used
your
credit
card
for
purchase
Purchases
a written request to the arbitrator to expand the scope of discov
the
made
with
cash advances from an ATM or with check that accesses your credit card ac-
lowable under the arbitration rules of the Administrator The arbi
discretion
to
grant
count
do
not
qualify.
deny
that
request.
3. must not yet have fully paid for the purchase.
11. Arbitration Result and Right of Appeal: Judgment upon
award
may
be
entered
If all of the criteria above are met and you are still dissatisfied with the purchase,
by
any
having
jurisdiction.
The
arbi
contact us in writing at:
is final and binding, except for any right appeal provided by
Comenity Bank
the
amount
of
the
Claim
exceeds
$50,000
involves
reque
PO Box 182782, Columbus, Ohio 43218-2782
or declaratory relief that could foreseeably involve cost or benef
While
we
the
exceeding
$50,000
any
party
can.
within
investigate.
30
to
days
after
the
same
apply
the
disputed
amount
as
above
After
we
finish
our
investigation
we
will
tell
our
At
that
by the arbitrator, appeal the award to arbitrator panel adn
Administrator.
The
panel
shall
reconsider
anew
point we think you owe an amount and you do not pay, we may report you as
any
aspect
of
delinquent
requested by the appealing party. The decision of the panel sha
vote. in this Arbitration Provision to "the arbitrator'
G. Optional products
panel an appeal of the arbitrator's decision has been taken T
Credit insurance (as applicable)
an
appeal
will
borne
accordance
with
Paragraph
C.8
above
Purchasing credit insurance is optional If you do choose to carry credit insurance
12. Rules of Interpretation This Arbitration Provision shall su
coverage,
the
premium
charge
will
be
added
to
your
Account
as
purchase
ment
of
all
amounts
owed
under
this
on
Agreement.
the
closing
the
last
day
of
each
billing
period
You
can
cancel
your
coverage
at
any
time
legal proceeding and any bankruptcv to the extent consistent
Account Assure Debt cancellation (as applicable)
bankruptcy
law
In
the
event
conflict
inconsistency
betw
Purchasing
Account
optional.
tion Provision. on the hand, and the applicable arbitration
Your decisio whether or not to purchase Account Assure won't affect your
provisions of this Agreement on the other hand, this Arbitration
application for credit or the terms of any existing credit agreement you have
govern.
This
Arbitration
Provision
replaces
any
Prior
Arbitration
with
13. Severability: any portion of this Arbitration Provision othe
The
fee
for
Account
Assure
is
based
on
the
outstanding
Action
monthly
Waiver
is
deemed
invalid
or
unenforceable
the
balance your each month and be added to your Statement
nevertheless remain in force. If determination is made that
We'll
provide
addi
itional
information
before
you're
required
to
pay
for
Ac-
Waiver is unenforceable only this sentence of the Arbitration Ag
count Assure. will include copy of the terms and cond itions pertain-
main
force
and
the
remaining
provisions
be
null
and
voi
ing
Account
Assure
the
determination
concerning
the
Class
Action
Waiver
shall
be
You can cancel your Account Assure at any time.
14. Special Payment: (1) you submit Claim Notice
There are eligibility requirements conditions, and exclusions that
could
Paragraph
above
on
your
own
behalf
(and
not
on
behalf
of
pre-
vent you from receiving benefits under Account Assure.
(2)
we
refuse
to
provide
you
with
the
relief
you
and
Be sure to carefully read the Addendum for a full explanation of the terms
absequently
determines
that
you
entitled
relief
of Account Assure
the arbitrator shall award you at least $5,100 (plus any fees
H. Communicating with us
you are entitled).
Communicating to you about your Account
comenity
Comenity Bank, Wilmington, DE
If
we
need
you
your
Account
or
to
collect
amounts
you
to us you direct us, as well servicers, agents, contractors
321
collectors your Account. communicate with you in any way, such as calling,
texting,
or
mail
via:
1)
cell. landline. text number you provide, use to contact us or at which
we
believe
we
can
reach
you
(even
is
not
yours).
2)
any electro mail address provide to us one of merchants.
3)
automated dialer systems and automatic telephone dialing systems,
4)
pre-recorded or artificial voice messages and other forms of communica-
tions.
You also agree that these communications aren't unsolicited for purposes of any
state or federal law, and you understand that this may result in additional mobile,
text message, or data charges
Phone monitoring
To provide you with high- -quality service, phone communication with us is
monitored
and/or
recorded
You agree that we monitor and/or record any phone calls between you and
us
Please inform all authorized cardholders of this provision, including anyone
acting on your behalf or making payments on this Account
For Wisconsin residents:
If
you are
married,
please
contact
us
immediately
upon
receipt
of
this
Agreement
at -855-567-7740 (TDD/TTY and provide us with the name
and address of spouse We are required to inform your spouse that we have
opened
credit
account
for
you.
For bankruptcy notifications:
All bankruptcy notices and related correspondence to Comenity Bank should be
sent to the following Comenity Bank, Bankruptcy Department, PO Box
182125, Columbus, Ohio 43218-2125.
Pricing Addendum
Interest Rates and Interest Charges
Annual Percentage Rate
Prime rate plus 21.74%.
(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