PRICING SCHEDULE 

This Pricing Schedule is part of the Cardholder Agreement. 

Interest Rates and Interest Charges 

Annual 
Percentage Rate 
(APR) for 
Purchases  

8.75% 
 This APR will vary with the market based on the Treasury Bill Rate. 

APR for Balance 
Transfers 

8.75% 
This APR will vary with the market based on the Treasury Bill Rate.  

APR for Cash 
Advances 

8.75% 
This APR will vary with the market based on the Treasury Bill Rate. 

Paying Interest 

For Credit Card Tips 
from the Consumer 
Financial Protection 
Bureau 
Fees 

Your due date is at least 23 days after the close of each billing cycle.  We will 
not charge you any interest on Purchases and Balance Transfers if you pay 
your entire balance by the due date each month.  We will begin charging 
interest on Cash Advances from the transaction date. 

To learn more about factors to consider when applying for or using a credit 
card, visit the website of the Consumer Financial Protection Bureau at 
http://www.consumerfinance.gov/learnmore. 

Annual Fee 

 None 

Transaction Fees 

•  ATM Cash Advance 

$0.75 for each transaction at an ATM   

•  Non-ATM Cash 

 None 

Advance (including 
over-the-counter, 
online) 

•  Balance Transfer 

 None 

•  International 
Transaction  

Penalty Fees 

 1% of the U.S. dollar amount of each international transaction (including phone 
or Internet U.S. dollar transactions with a foreign merchant)  

•  Late Payment 
•  Returned Payment 

Up to $10 
Up to $5 

How We Will Calculate Your Balance: We use a method called <average daily balance (including new transactions).=  
See your Cardholder Agreement for more details. 

Billing Rights: Information on your rights to dispute transactions and how to exercise those rights is provided in your  
Cardholder Agreement. 

Variable  Rate  Information:  The  APR  will  equal  7.5  percentage  points  plus  the  Treasury  Bill  Rate.  As  of  04/21/22,  the 
Monthly Periodic Rate is 0.72917%. This Monthly Periodic Rate and the corresponding variable APR will remain in effect 
through 07/20/22 and may change after that date. 

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CARDHOLDER AGREEMENT 

This document, together with the Pricing Schedule, is your Cardholder Agreement (<Agreement=) for your Visa® secured 
credit card. Please read them carefully and keep them for your records. Contact us if you have any questions. 

This  Agreement  contains  an  Arbitration  Provision  which  governs  how  disputes  between  you  and  us  will  be 
resolved if a dispute arises. You have the right to opt out of the Arbitration Provision by notifying us within the 
time period specified in that section.  

DEFINITIONS 

<Account= means your Credit Union credit card account.  
<Authorized User= means any person who uses the Account with actual, implied, or apparent authority. This includes a 
person  you  authorize  to  use  your  Account  or  a  Card,  whether  you  notify  us  or  not.  It  also  includes  a  person  another 
Authorized User authorizes to use your Account or a Card, whether they notify you or not.  
<Balance Transfer= means the transfer of a balance from another creditor to your Account.  
<Card= means any one or more Credit Union cards or other devices (including an account number) issued to you or someone 
else with your authorization to access your Account to obtain credit. 
<Cash Advance= means the use of your Account to: (1) obtain cash from participating ATMs, financial institutions, or other 
locations; (2) make a deposit into another account with the Credit Union; or (3) fund an overdraft transfer. 
<Purchase= means the use of your Account to purchase or lease goods or services at participating merchants.  
<Treasury Bill Rate= means the 26-week Treasury Bill rate set at the first Treasury Bill auction held in January, April, July, 
and October, adjusted up to the nearest ¼%. 
<We,= <us,= <our= and <Credit Union= refer to Latino Community Credit Union, the issuer of your Card.  
<You,= <your,= and <yours= refer to you and any other person(s) who are also contractually liable under this Agreement.  

CONTACT US 

Our mailing address is Latino Community Credit Union, PO Box 25360, Durham, NC 27702. Business hours are Monday 
through Thursday, 9:00 am to 5:00 pm, and Fridays, 9:00 am to 6:00 pm, excluding Credit Union holidays. You may also 
contact your local branch or, if you need assistance outside of the Credit Union’s normal business hours, you may call our 
Virtual Center at 1-919-595-1800. Calls may be recorded. When writing, please include your name, address, personal phone 
number and Account number. You must provide us your updated contact information within 15 days after changing your    
e-mail address, mailing address, or phone number.  

USING YOUR ACCOUNT 

Acceptance of Agreement:  You accept this Agreement if you or an Authorized User use the Account, or if you do not 
cancel your Account within 30 days after receiving a Card.  

Permitted Uses, Credit Authorizations, and Credit Limit: You may use your Account for Purchases. At our discretion we 
may also allow you to use it for Cash Advances and Balance Transfers. You may not use it for illegal transactions. We will 
tell you your credit limit. Part of your credit limit may be available for Cash Advances. We may change your credit limit, 
including  any limits for Cash Advances and  Balance  Transfers, at any time,  without  notice.  Keep your  Account balance 
below your credit limit. If you do not, you must still pay us. We may delay increasing your available credit by the amount of 
any payment that we receive for up to 12 calendar days. We may decline to authorize a transaction based on your credit 
limit, Account security, or for other reasons. We will not be liable to you if we decline to authorize a transaction or if anyone 
refuses your Card. 

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Authorized Users: You may request additional Cards for Authorized Users to make transactions on your Account. You 
must notify us if you wish to cancel the authority of an Authorized User to use your Account. We may request information 
about the person to whom you want us to issue the Card and reserve the right to deny your request for an Authorized User 
Card. You are responsible for all transactions made by any Authorized User.  

Joint Accounts: If your Account is a Joint Account, each of you agrees to be liable individually and jointly for the entire 
amount owed on the Account, and any notice we mail to an address provided by either of you for the Account will serve as 
notice to both of you. 

Overdraft Transfer Service: If you established Overdraft Transfer Service for one or more of your Credit Union checking 
accounts, you can designate your Account as a protecting account to help prevent the protected checking account from 
incurring  NSF  fees  or  becoming  overdrawn.  Overdraft  transfers  are  processed  after  close  of  business  Monday  through 
Friday and are treated as Cash Advances. Overdraft transfers are made in $50 increments up to the amount available for 
overdraft transfer. If the amount available in your Account for overdraft transfer is less than $50, but sufficient to cover at 
least  one  item  posting  to  the  checking  account,  all  funds  available  for  transfer  in  the  Account  (in  whole  dollars)  are 
transferred. We may suspend your access to the Overdraft Transfer Service if your Account is 30 or more days past due, 
and access will not resume until the Account is current. Rates and methods of computation are the same as for other Cash 
Advances. 

Foreign Currency Conversion: If a transaction is made in a foreign currency, the transaction will be converted by Visa 
International into a U.S. dollar amount in accordance with Visa’s operating regulations or conversion procedures in effect at 
the time the transaction is processed. The currency conversion rate in effect on the processing date may differ from the rate 
in effect on the transaction date or posting date. 

FEES 

Late Fee: If you do not pay at least the Minimum Payment Due by the 5th calendar day after the Payment Due Date, we 
charge a Late Fee of the maximum dollar amount shown in the Pricing Schedule or the amount of the Minimum Payment 
Due, whichever is less. 

Returned Payment Fee: If you make a payment on your Account that is not honored by your financial institution or cannot 
be processed, we charge a Returned Payment Fee even if the payment is honored after we re-submit it. The fee is the 
maximum  dollar  amount  shown  in  the  Pricing  Schedule  or  the  amount  of  the  Minimum  Payment  Due  that  was  due 
immediately prior to the date on which the payment was returned to us, whichever is less.  

International Transaction Fee: Visa applies a fee to any International Transaction. The fee is 1% of the U.S. dollar amount 
of the International Transaction. A Purchase or Cash Advance is an International Transaction if it is (1) made in a foreign 
currency or (2) made or processed outside of the United States. For example, a Purchase is an International Transaction if 
it is made online with a merchant that processes the transaction in a foreign country, even if the transaction is made in U.S. 
dollars.  Two  separate  entries  will  appear  on  your  statement:  one  for  the  International  Transaction  and  one  for  the 
International Transaction fee.  

Rush Delivery Fee: The fee for rush delivery of a Card is $15. 

Document Research Fee: If you request a copy of a document for any purpose other than to resolve a dispute about the 
charges on your Account, we charge a fee of $1 per document. 

Stop Payment Fee: We charge an $8 fee to impose a stop payment on a recurring charge that you authorized. 

ATM Cash Advance Fee: We charge a $0.75 fee for each transaction that you make with your Card at an ATM.  If you use 
an ATM that is not a CashPoints(R) ATM, the owner of the ATM may also charge you a fee. 

MAKING PAYMENTS 

Payment Instructions:  You must  pay  in U.S.  dollars. Please do  not mail cash.  All checks must  be drawn  on funds on 
deposit in the U.S. You must pay us for all amounts due on your Account. This includes charges made by Authorized Users. 

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We may refuse to accept payment in foreign currency. If we do accept it, we will charge your Account our cost to convert it 
to U.S. dollars. We can accept late payments, partial payments or payments marked <payment in full= or with any 
other restrictive endorsement without losing any of our rights under this Agreement.  We credit your payments in 
accordance  with  the  terms  contained  on  your  billing  statement.  If  you  mail  your  payment  to  an  address  other  than  the 
address designated on your billing statement, there may be a delay in processing and crediting the payment to your Account. 
If a third party makes a payment on your Account and we return all or a part of such payment, then we  may adjust your 
Account for any amount returned. We reserve the right to defend ourselves against any demand to return funds we have 
received and may agree to a compromise of the demanded amount as part of a settlement. 

Minimum Payment Due: You may pay the entire New Balance shown on your billing statement at any time. Each billing 
period you must pay at least the Minimum Payment Due by the Payment Due Date shown on your billing statement. The 
Minimum Payment Due is the greater of:   

• $25 (or the New Balance if it is less than $25); or  
• 1% of the New Balance shown on your billing statement (which calculation is rounded down to the nearest dollar), 

plus any billed interest and any billed late fee.   

The Minimum Payment Due also includes any amount past due. However, it will never exceed the New Balance.  

Pay-Ahead Program: The Minimum Payment Due, as calculated above, is your Regular Minimum Payment. If your Account 
is eligible for our Pay-Ahead Program, whenever you pay more than the Regular Minimum Payment, we may, at our option, 
permit  you  to  skip  some  or  all  of  your  next  Regular  Minimum  Payment.  When  this  occurs,  the  amount  of  the  Minimum 
Payment Due displayed on the first page of your billing statement, online (including on Online Access or Mobile Access), 
and  on  our  phone  systems  is  reduced  by  the  amount  you  may  skip. In  the  Payment  Information  table  on  your  billing 
statement, however, the full Regular Minimum Payment amount is used to calculate the time and total payments required 
to pay off the balance if only the minimum payment is paid each month. To reduce your interest costs, pay more than the 
required Minimum Payment each month. Remember, interest charges continue to accrue in accordance with the terms of 
this Agreement until your Account is paid in full. 

How We Apply Payments: We apply payments and credits at our discretion, including in a manner most favorable to or 
convenient for us. In all cases, we will apply payments and credits as required by applicable law. Each billing period, we 
generally apply amounts you pay that exceed the Minimum Payment Due to balances with higher APRs before balances 
with lower APRs.  

INTEREST CHARGES 

ANNUAL PERCENTAGE RATES (<APRs=) (See the Pricing Schedule for the APRs that apply to your Account):  

Variable APRs: The Pricing Schedule may include variable APRs. These APRs are determined by adding the number of 
percentage points that we specify to the Treasury Bill Rate. Variable APRs will increase or decrease when the Treasury Bill 
Rate changes. The APR change will take effect on the first day of the billing period that begins in January, April, July, or 
October if the Treasury Bill Rate changes that month. An increase in the APR will increase your interest charges and may 
increase your Minimum Payment Due. The increased APR will apply to any balance outstanding on the effective date of the 
change as well as to future transactions. The APR will not exceed 18% per year or the maximum permitted by applicable 
state law, whichever is lower.  

How We Calculate Interest Charges – Average Daily Balance Method (including current transactions): We calculate 
interest charges each billing period by first figuring the <average daily balance= for each Transaction Category. Transaction 
Categories include Purchases that are not subject to a promotional rate, Cash Advances that are not subject to a promotional 
rate,  and  different  promotional  balances.  Balance  Transfers,  unless  subject  to  a  promotional  rate,  are  included  in  the 
Transaction Category of Purchases that are not subject to a promotional rate.  

How We Determine the Average Daily Balance for Each Transaction Category:  We start with the beginning balance 
each day. The beginning balance for the first day of the billing period is your balance on the last day of the previous billing 
period, minus any unpaid interest or fees. We add any new transactions as of the later of the Transaction Date or the first 
day of the billing period in  which the transaction posted to your Account. (The  Transaction  Date for a  Balance Transfer 
made using a cashier’s check is the day we create the check, not the day it is deposited by the recipient of the check, or 
the day they credit it to your account with them.) We subtract any new credits and payments. We make other adjustments 
(including those adjustments required in the <Paying Interest= section). This gives us the daily balance for that day. We add 

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all the daily balances for the billing period and divide by the number of days in the billing period. This gives us the average 
daily balance for that Transaction Category.   

How We Figure Your Total Interest Charges and the New Balance on  Your Account: We multiply the average daily 
balance for each Transaction Category by its monthly periodic rate. To get a monthly periodic rate, we divide the APR that 
applies to the Transaction Category by 12. The total interest for the billing period is the sum of the interest charges for each 
Transaction Category. The New Balance on your Account is the total amount you owe us at the end of the Billing Period 
and includes any unpaid interest charges and fees.   

Paying Interest: We begin to impose interest charges on a transaction from the day we add it to the daily balance. We 
continue to impose interest charges until you pay the total amount you owe us. You can avoid paying interest on Purchases 
and Balance Transfers as described below. However, you cannot avoid paying interest on Cash Advances.  

How to Avoid Paying Interest on Purchases and Balance Transfers (<Grace Period=): You will not have to pay interest 
on Purchases and Balance Transfers made in the current billing cycle if you pay the entire New Balance for the prior billing 
cycle by the Payment Due Date in the current billing cycle.   

OTHER IMPORTANT INFORMATION 

Changes to Your Agreement: The rates, fees and terms of this Agreement may change from time to time. We may add 
or delete any term to this Agreement. If required by law, we will give you advance written notice of the change and a right 
to reject the change. We will not charge any fee or interest prohibited by law. Also, we will not amend the Arbitration Provision 
in a manner that adversely affects your rights or responsibilities in a material manner unless we give you a right to reject 
the amendment and/or the Arbitration Provision in its entirety. 

Security Interest: If you give the Credit Union a specific security interest in your share account(s) by signing the <Cardholder 
Agreement  Addendum  for  Secured  Credit  Card  Account  Only  –  Security  Interest  in  Share  Accounts=  contained  in  your 
Consumer Credit Application, your share account(s) secure your Secured Credit Card Account. If you fail to make payments 
due on your Secured Credit Card Account, or the Credit Union declares the entire account balance to be immediately due 
and payable as provided herein, the Credit Union may apply the balance in your share account(s) against the balance of 
your Secured Credit Card Account without filing court action. Collateral securing other loans you have with the Credit Union 
may also secure your Secured Credit Card Account, except that a dwelling will never be considered as security for this 
account, notwithstanding anything to the contrary in any other agreement. 

Default: You are in default if: (1) you file for bankruptcy or another insolvency proceeding is filed by or against you; (2) we 
have a reasonable belief that you are unable or unwilling to repay your obligations to us; (3) you die or are legally declared 
incompetent or incapacitated; (4) you fail to comply with the terms of this Agreement or any agreement with us or an affiliate, 
including failing to make a required payment when due, exceeding your Account credit limit or using your Card or Account 
for an illegal transaction; or (5) you (or your joint account holder if your Account is a joint Account) cease to be a member. 
If you are in default, we may declare the entire balance of your Account immediately due and payable without notice.  

Collection Costs: If we use an attorney to collect your Account, we may charge you our legal costs as permitted by law. 
These include reasonable attorney’s fees, court or other collection costs, and fees and costs of any appeal.  

Automatic  Account  Information  Updates:  You  may  set  up  automatic  billing  from  your  Account  or  store  your  Account 
information with a merchant, wallet provider, or other third party. If your card information changes, which may include billing 
address, you authorize us to provide this updated information to any such merchant, wallet provider, or other third-party at 
our  discretion.  You  must  contact  the  merchant,  wallet  provider,  or  other  third-party  directly  or  remove  your  credit  card 
information from the merchant site, wallet provider, or third-party if you wish to stop automatic billing or account updates. 

Visa  Emergency  Cash  and  Emergency  Card  Replacement  Services:  You  may  request  Emergency  Cash  and 
Emergency Card Replacement Services from Visa Global Customer Assistance by calling 1-800-VISA911 in the U.S., or 
1-303-967-1096 outside the U.S. We may provide your personal data to Visa, Visa Global Customer Assistance, or their 
respective agents for the purpose of providing Emergency Cash and Emergency Card Replacement Services. You consent 
to the release of this information when you request these services. 

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Visa  Secure:  The  Visa  Secure  service  attempts  authentication  of  online  purchases  made  through  Visa  cards  with 
participating  merchants  based  on  various  risk  factors  associated  with  each  individual  transaction.  Transactions  with 
participating  merchants  that  score  over  a  certain  risk  threshold  may  require  additional  verification  from  you  in  order  to 
complete the purchase; for example, you may be required either to provide a One-Time Passcode delivered to a mobile 
number  we  have  on  file  for  you,  or  to  contact  us  at  the  dedicated  number  provided  during  the  transaction  and  supply 
information verifying your identity. 

Our  Privacy  Notice:  The  Notice  summarizes:  (1)  the  personal  information  we  collect;  (2)  how  we  safeguard  its 
confidentiality and security; (3) when it may be shared with others; and (4) how you can limit the sharing of information. We 
provided you our Privacy Notice. Contact us or visit our website at www.latinoccu.org if you would like another copy.  

Reporting to Credit Reporting Agencies: We may from time to time review your credit, employment, and income records. 
We may report the status and payment history of your Account to credit reporting agencies and other creditors. We normally 
report  to  credit  reporting  agencies  each  month.  If  you  believe  that  information  we  reported  is  inaccurate  or  incomplete, 
please write us at Credit Union, Attn: Credit Reporting, PO Drawer 25279, Raleigh, NC 27611. Please include your name, 
address, home phone number, Account number, and the specific information that is being disputed.  

Calls and Messages to Your Telephone or Mobile Device: You agree that we (and our affiliates, agents, and contractors) 
may monitor or record any calls between you and us. You also agree that we do not need to remind you of this before any 
phone conversation. If we need to contact you to service your Account or to collect amounts you owe us, you authorize us 
(and our affiliates, agents and contractors) to contact you at any number you have provided to us, from which you called 
us, or which we obtained and believe we can use to reach you. You must notify us if you change or discontinue using any 
phone number you provide. We may contact you in any way, such as calling, texting, or email. We may contact you using 
an automated dialer or using pre-recorded voice messages. We, our affiliates, agents, and contractors may call or text you 
about any current or future accounts or applications, and all products you have or may have with us, at any phone number 
you provide. We may contact you on a mobile, wireless, or similar device, even if you are charged for it by your provider.  
You  may  change  your  preferences  regarding  certain  calls  and  messages  by  updating  your  preferences  online  through 
Online Access, contacting your local branch or calling our Virtual Center at 1-919-595-1800. You may also write us at our 
mailing address: Latino Community Credit Union, PO Box 25360, Durham, NC 27702.  

Unauthorized Use: You must notify us immediately if: (1) your Card is lost or stolen; or (2) you believe someone is using 
your  Account  or  a  Card  without  permission.  You  can  notify  your  local  branch  or  call  us  at  1-919-595-1800.  To  report  a 
lost/stolen  card  outside  of  business  hours,  call  1-800-957-3890.  You  may  also  write  us  at  our  mailing  address:  Latino 
Community Credit Union, PO Box 25360, Durham, NC 27702.  

Cancellation of Your Account: You may cancel your Account. You will remain responsible for any amount you owe us 
under this Agreement. Any joint accountholder may cancel a joint Account. However, each of you will remain responsible 
for paying all amounts owed. We may cancel, suspend, or choose not to renew your Account at any time without notice.  

Governing Law: This Agreement is governed by applicable federal law and by North Carolina law. However, in the event 
you default and we file a lawsuit to recover funds loaned to you, the statute of limitations of the state where the lawsuit is 
filed will apply, without regard to that state’s conflicts of law principles or its <borrowing statute.= 

Severability: Except as set forth in the Arbitration Provision, if any part of this Agreement is found to be invalid, the rest of 
it will still remain in effect. 

Enforcing this Agreement: We may delay enforcing or not enforce any of our rights under this Agreement without losing 
or waiving any of them. 

Assignment of Account: We may sell, assign, or transfer your Account or any portion of it without notice to you. You may 
not sell, assign, or transfer your Account without first obtaining our prior written consent. 

ARBITRATION  

THIS ARBITRATION PROVISION WILL NOT APPLY TO YOU IF YOU ARE COVERED BY THE FEDERAL MILITARY 
LENDING ACT EITHER AS A MEMBER OF THE ARMED FORCES OR AS A DEPENDENT OF SUCH MEMBER. THE 
NEXT SECTION OF THIS AGREEMENT WILL PROVIDE MORE INFORMATION ABOUT THE MILITARY LENDING ACT. 

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YOU HAVE THE RIGHT TO OPT OUT OF (NOT BE BOUND BY) THIS ARBITRATION PROVISION AS DESCRIBED IN 
SUBPART <D= BELOW. If you do not opt out and a Claim, as defined in subpart <E= below, is arbitrated, neither 
you nor we will have the right to: (1) have a court or a jury decide the Claim; (2) engage in information-gathering 
(discovery) to the same extent as in court; (3) participate in a class action, private attorney general action or other 
representative action in court or in arbitration; or (4) unless all parties otherwise agree in writing, join or consolidate 
a Claim with claims of any other person or entity.  

General: This Arbitration  Provision  describes when  and how a Claim (as defined  in subpart <E= below) may be 
A. 
arbitrated. Arbitration is a method of resolving disputes in front of one or more neutral persons (the <arbitrator=) instead of 
having a trial in court in front of a judge and/or jury. It can be a quicker and simpler way to resolve disputes. Arbitration 
proceedings are private  and less formal than court trials. Each party to the dispute has an opportunity to  present some 
evidence to the arbitrator. The arbitrator will issue a final and binding decision resolving the dispute (the <award=), which 
may be enforced as a court judgment. A court rarely overturns an arbitrator’s decision.  

B. 
and not by any state arbitration law. 

Governing Law: This Arbitration Provision is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (the <FAA=), 

Special  Definitions:  Solely  for  purposes  of  this  Arbitration  Provision,  <we,=  <us,=  and  <our=  mean  (1)  Latino 
C. 
Community Credit Union, each of its subsidiaries, affiliates, successors and assigns, and any of their employees, officers, 
directors  and  agents;  (2)  any  servicer  of  your  Account;  and  (3)  any  other  third  party  that  you  name  along  with  us  as 
defendants in a single proceeding.   

Opt-Out Process: If you do not want this Arbitration Provision to apply, you may reject it by mailing us a written 
D. 
opt-out notice which specifies your name and address, identifies the applicable Account(s) , and includes a signed statement 
that  you  opt  out  of  the  Arbitration  Provision.  The  opt-out  notice  must  be  signed  by  you  and  sent  to  us  by  mail  (not 
electronically) at Credit Union, Attn: ARBITRATION, P.O. Box 28327, Raleigh, NC 27611. You should retain a copy of your 
opt-out notice and evidence of mailing.   

Any opt-out notice is effective only if it complies with the preceding requirements and is postmarked within thirty 
(30) days after the date you first accepted your Account.    

This is the only way you can opt out of the Arbitration Provision. Your decision to opt out will not have any other effect on 
your Agreement or your Account with us. If you don’t reject this Arbitration Provision, it will be effective as of the date you 
first accepted your Account. If an Account is jointly owned, one owner’s rejection of this Arbitration Provision will be deemed 
to be a rejection by all joint owners. In all other circumstances, your rejection of this Arbitration Provision will not be deemed 
to be a rejection of this Arbitration Provision by any person or entity other than you. If you have more than one Account with 
us, and wish to opt out of the Arbitration Provision for multiple Accounts, and are still within the 30-day time period for opting 
out of the Arbitration Provision for said Accounts, please include in your written opt out notice each Account for which you 
wish to opt out of the Arbitration Provision. In all other circumstances, your decision to opt out of the Arbitration Provision 
applies  only  to  this  Account  and  not  to  any  other  Accounts  you  have  with  us.  Moreover,  we  offer  a  number  of  different 
products and services to our customers. If you opt out of arbitration for this Agreement, that will not affect any arbitration 
provision that may exist between you and us, now or in the future, in connection with other products or services you obtain 
from us; any such arbitration provision will remain in force unless you separately opt out of it in accordance with its terms. 
For example, if you also have a deposit or share account with us, opting out of this Arbitration Provision will not constitute 
an opt out of any arbitration provision that may apply to the deposit or share account. 

Disputes Subject to Arbitration: You or we may elect to have <Claims= arbitrated rather than resolved in court.  
E. 
The term <Claim= means any past, present or future claim, dispute or controversy between you and us that in any way arises 
from or relates to your Agreement or your Account. <Claim= has the broadest reasonable meaning and includes, without 
limitation: (1) initial claims, counterclaims, cross-claims and third-party claims; (2) disputes based upon contract, negligence, 
fraud and  other  intentional  torts, constitution, statute,  regulation,  ordinance, common  law  and equity; (3) data breach or 
privacy claims arising from or relating directly or indirectly to our disclosure of any non-public personal information about 
you;  (4)  disputes  concerning  your  application  or  other  information  you  gave  us  before  opening  your  Account;  (5)  any 
Account(s) you previously had with us; (6) disputes arising from or related to products or services provided by or purchased 
or obtained from us in connection with your Account; (7) disputes arising from or related to any transactions in connection 
with  your  Account;  (8)  disputes  arising  from  or  related  to  any  advice,  recommendations,  solicitations,  communications, 
disclosures, promotions or advertisements concerning your Account; (9) claims brought in a direct, derivative, assignee, 
survivor, successor, beneficiary or personal capacity;  (10) disputes concerning your Card, disclosures, finance charges, 

7 

 
 
 
 
 
 
 
 
late  charges,  purchases,  payments,  insurance,  security,  collections,  default,  credit  transactions,  fees,  cash  advances, 
balance transfers, overdraft charges, foreign currency conversions, repossession or the collection of monies owed and the 
manner of collection; and (11) disputes arising from or related to the relationship(s) between you and us resulting from any 
of the foregoing. Claims are subject to arbitration even if they arise out of or relate to actions, omissions, transactions, facts, 
or conduct that occurred prior to the date of this Agreement. However, this Arbitration Provision will not apply to any Claim 
that was already pending in court before this Arbitration Provision took effect.   

Disputes Not Subject to Arbitration: Notwithstanding the foregoing, the following disputes are not required to be 
F. 
arbitrated: (1) disputes that are within the jurisdiction of a small claims court (or an equivalent court). You or we may bring 
an action in small claims court or, if an arbitration demand has been made, instruct the arbitration administrator to close the 
case because the dispute should be decided by a small claims court. However, if the dispute is transferred, removed, or 
appealed from small claims court to a different court, you or we may elect to compel arbitration. Moreover, if you or we bring 
a counterclaim or cross-claim that is for more than the small claims court’s jurisdiction, the entire dispute must, if you or we 
choose, be resolved by arbitration; and (2) disputes about the validity, enforceability, coverage or scope of this Arbitration 
Provision  or  any  part  thereof  (including,  without  limitation,  the  Class  Action  Waiver),  which  are  for  a  court  and  not  an 
arbitrator to decide. However, any dispute or argument that concerns the validity or enforceability of your Agreement as a 
whole is for the arbitrator, not a court, to decide.   

In addition, this Arbitration Provision does not prohibit you or us, at any time, from (1) exercising any lawful rights to preserve 
or obtain possession of property or self-help remedies, including but not limited to, the right to set-off or exercise a statutory 
lien or other lien granted by law or rule, the right to restrain funds in an account, recoupment, repossession, replevin or 
trustee’s sales; (2) obtaining provisional or ancillary remedies or injunctive relief (other than a stay of arbitration), including 
but  not  limited  to  attachment,  garnishment,  interpleader  or  the  appointment  of  a  receiver  by  a  court  of  appropriate 
jurisdiction; or (3) bringing an individual action in court that is limited to preventing the other party from using a self-help or 
non-judicial remedy and that does not involve a request for damages or monetary relief of any kind. 

Starting  or  Electing  Arbitration:  You  or  we  may  start  an  arbitration  by  filing  a  demand  with  the  arbitration 
G. 
administrator pursuant to the administrator’s rules. You or we may also require arbitration of a Claim filed in court by filing 
a motion with the court to compel arbitration of the Claim. Even if you and we have chosen to litigate a Claim in court, either 
party may elect arbitration of a new Claim or of a Claim made by a new party in that or any related or unrelated lawsuit.  

Choosing  the  Administrator:  The  party  who  commences  the  arbitration  may  select  either  of  the  following 
H. 
arbitration  organizations  to  administer  the  arbitration  under  their  rules  that  apply  to  consumer  disputes:  the  American 
Arbitration Association (<AAA=), 120 Broadway, Floor 21, New York, NY 10271 (1-800-778-7879), www.adr.org; or JAMS, 
1920 Main St. at Gillette Ave., Suite 300, Irvine, CA 92614 (1-800-352-5267), www.jamsadr.com. You can obtain a copy of 
the administrators’ rules by visiting their websites or calling them. The parties may also mutually agree to select an arbitrator 
who is an attorney, retired judge or arbitrator registered and in good standing with a bona fide arbitration association and 
arbitrate pursuant to the arbitrator’s rules. If AAA and JAMS cannot or will not serve, and the parties are unable to select an 
arbitrator by mutual consent, a court with jurisdiction will select the administrator or arbitrator, who must agree to abide by 
all of the terms of this Arbitration Provision (including, without limitation, the Class Action Waiver). Any arbitrator must be a 
practicing attorney with ten or more years of experience practicing law or a retired judge. If a party files a lawsuit in court 
asserting Claim(s) that are subject to arbitration and the other party files a motion to compel arbitration with the court which 
is granted, it will be the responsibility of the party prosecuting the Claim(s) to select an arbitration administrator in accordance 
with this paragraph and commence the arbitration proceeding in accordance with the administrator’s rules and procedures. 

I. 
RIGHT TO PURSUE THAT CLAIM IN COURT OR HAVE A JURY DECIDE THE CLAIM.  

Jury Trial Waiver: IF YOU OR WE ELECT TO ARBITRATE A CLAIM, YOU AND WE WILL NOT HAVE THE 

Class Action Waiver: ANY ARBITRATION MUST BE ON AN INDIVIDUAL BASIS ONLY. THIS MEANS THAT 
J. 
IF  YOU  OR  WE  ELECT  TO  ARBITRATE  A  CLAIM,  NEITHER  YOU  NOR  WE  WILL  HAVE  THE  RIGHT  TO:  (1) 
PARTICIPATE  IN  A  CLASS  ACTION  OR  OTHER  REPRESENTATIVE  ACTION  IN  COURT  OR  IN  ARBITRATION, 
EITHER  AS  A  CLASS  REPRESENTATIVE,  CLASS  MEMBER  OR  OTHERWISE;  OR  (2)  ACT  AS  A  PRIVATE 
ATTORNEY  GENERAL  IN  COURT  OR  IN  ARBITRATION.  ALSO,  ABSENT  THE  WRITTEN  CONSENT  OF  ALL 
PARTIES, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO JOIN OR CONSOLIDATE A CLAIM WITH CLAIMS OF 
ANY OTHER PERSON OR ENTITY. An arbitration award shall determine the rights and obligations of the named parties 
only, and only with respect to the Claim(s) in arbitration. No arbitration administrator or arbitrator shall have the power or 
authority to waive or modify this section, and any attempt to do so, whether by rule, policy, arbitration decision or otherwise, 
shall be invalid and unenforceable.  

8 

 
 
 
 
 
 
 
Location and Costs of Arbitration: Any arbitration hearing that you attend in person must take place at a location 
K. 
reasonably convenient to the parties or as otherwise agreed to by the parties or ordered by the arbitrator. Each administrator 
charges filing and administrative fees and the arbitrator also charges fees. The parties shall pay said fees in accordance 
with  the  administrator’s  rules.  However,  if  you  tell  us  in  writing  that  you  cannot  afford  to  pay  the  fees  charged  by  the 
arbitration organization and that you were unable to obtain a waiver of fees from the administrator, and if your request is 
reasonable  and  in  good  faith,  we  will  pay  or  reimburse  you  for  all  or  part  of  the  fees  charged  to  you  by  the  arbitration 
organization  and/or  arbitrator.  The  parties  shall  also  bear  the  fees  and  expenses  of  their  own  attorneys,  experts  and 
witnesses  unless  otherwise  required  by  applicable  law,  your  Agreement  or  the  administrator’s  rules.  If  we  prevail  in  an 
individual arbitration that either you or we commenced, we will not seek to recover our attorney, expert or witness fees or 
our arbitration fees from you. Notwithstanding the foregoing, if the arbitrator determines that any party’s claim or defense is 
frivolous or wrongfully intended to oppress or harass the other party, the arbitrator may award sanctions in the form of fees 
and expenses reasonably incurred by the other party if such sanctions could be imposed under Rule 11 of the Federal Rules 
of Civil Procedure. 

Law Applied by the Arbitrator: The arbitrator must apply applicable substantive law consistent with the FAA and 
L. 
applicable statutes of limitations and claims of privilege recognized at law. The arbitrator is authorized to award all remedies 
permitted by the substantive law that would apply in an individual court action, including, without limitation, punitive damages 
(which shall be governed by the Constitutional standards employed by the courts) and injunctive, equitable and declaratory 
relief (but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by 
that  party’s  individual  Claim).  Any  finding,  award  or  judgment  from  an  arbitration  of  any  Claim  shall  apply  only  to  that 
arbitration. No finding, award or judgment from any other arbitration shall impact the arbitration of any Claim. 

Right to Discovery:  In addition to the  parties’ rights  to obtain discovery pursuant to the arbitration rules of the 
M. 
administrator, either party may submit a written request to the arbitrator to expand the scope of discovery normally allowable 
under the arbitration rules of the administrator. The arbitrator shall have discretion to grant or deny that request. 

Arbitration Award and Right of Appeal: At the timely request of either party, the arbitrator shall provide a written 
N. 
explanation for the award. However, if the amount in controversy exceeds $50,000, you or we can, within 15 days after the 
entry of the award by the arbitrator, appeal the award to a three-arbitrator panel administered by the administrator. The 
panel shall reconsider anew any aspect of the initial award requested by the appealing party. The decision of the panel shall 
be  by  majority  vote.  Reference  in  this  Arbitration  Provision  to  <the  arbitrator=  shall  mean  the  panel  if  an  appeal  of  the 
arbitrator’s decision has been taken. The costs of such an appeal will be borne in accordance with the paragraph above 
titled <Location and Costs of Arbitration.= The original award or any subsequent award on the appeal described above shall 
be final and binding, subject to any further appeal rights under the FAA, and may be entered as a judgment by any court 
having jurisdiction. 

Rules  of  Interpretation:  This  Arbitration  Provision  is  binding  upon  and  benefits  you,  your  respective  heirs, 
O. 
successors and assigns, and us and our respective successors and assigns. This Arbitration Provision shall survive (1) the 
repayment of amounts owed under your Agreement; (2) any legal proceeding; (3) any sale, assignment or transfer of your 
Account; (4) any bankruptcy to the extent consistent with applicable bankruptcy law; (5) any default, breach or repossession; 
(6) any termination, cancellation, closure, suspension or non-renewal of your Agreement, your Account or credit privileges; 
and (7) any termination, amendment, expiration or performance of any transaction between you and us. In the event of a 
conflict or inconsistency between this Arbitration Provision, on the one hand, and the applicable arbitration rules or the other 
terms of your Agreement, on the other hand, this Arbitration Provision shall govern. Any changes to this Arbitration Provision 
will apply only prospectively unless we give you a right to opt out of the change or the entire Arbitration Provision.  

Severability: If any portion of this Arbitration Provision is held to be invalid or unenforceable, the remaining portions 
P. 
shall nevertheless remain in force, subject to two exceptions: (1) if a determination is made that the Class Action Waiver is 
unenforceable, and that determination is not reversed on appeal, then the Arbitration Provision (except for this sentence) 
shall be void in its entirety; and (2) if a court determines that a public injunctive relief Claim may proceed notwithstanding 
the Class Action Waiver, and that determination is not reversed on appeal, then the public  injunctive relief Claim will be 
decided by a court, any individual Claims will be arbitrated, and the parties will ask the court to stay the public injunctive 
relief Claim until the other Claims have been finally concluded. 

Notice and Cure: Prior to initiating a lawsuit or an arbitration proceeding under this Arbitration Provision,  you or 
Q. 
we, as applicable, shall give the other party written notice of the Claim (a <Claim Notice=) and a reasonable opportunity, not 
less than 30 days, to resolve the Claim. Any Claim Notice to you shall be sent in writing by mail to the address you provided 

9 

 
 
 
 
 
 
 
in connection with your Account (or any updated address you subsequently provide). Any Claim Notice to us shall be sent 
by  mail  to  Credit  Union,  Attn:  CLAIM  NOTICE,  P.O.  Box  28327,  Raleigh,  NC  27611  (or  any  updated  address  we 
subsequently provide). Any Claim Notice you send must include your name, address, and information sufficient to identify 
your Account and explain the nature of the Claim and the relief demanded. You may only submit a Claim Notice on your 
own behalf and not on behalf of any other party. The party giving a Claim Notice must reasonably cooperate in providing 
any information about the Claim that the other party reasonably requests.  

PROTECTIONS FOR ACTIVE DUTY SERVICE MEMBERS AND THEIR DEPENDENTS  

Protections: Federal law provides important protections to members of the Armed Forces and their dependents relating to 
extensions of consumer credit. In general, the cost of consumer credit to a member of the Armed Forces and his or her 
dependent may not exceed an annual percentage rate of 36 percent. This rate must include, as applicable to the credit 
transaction or account: the costs associated with credit insurance premiums; fees for ancillary products sold in connection 
with the credit transaction; any application fee charged (other than certain application fees for specified credit transactions 
or accounts) and any participation fee charged (other than certain participation fees for a credit card  account).  You are 
entitled to these protections if you are a Covered Borrower, as defined below.  

Covered  Borrower:  You  are  a  Covered  Borrower  if,  in  connection  with  the  opening  of  your  Account,  we  determine  in 
accordance with federal law that you are an active duty member of the Armed Forces (including active Guard and Reserve 
duty) or a dependent of an active duty member.  Except for purposes of the Arbitration Provision, you will cease to be a 
Covered  Borrower if we determine  in accordance with federal law that  you are no longer an active duty member  of the 
Armed Forces (including active Guard and Reserve duty) or a dependent of an active duty member.  For purposes of the 
Arbitration Provision only, you will also be a Covered Borrower if we determine you are on active duty or are a dependent 
of a service member on activity duty at the time an arbitration demand could be asserted. 

Oral Disclosures: If you are a Covered Borrower, you may obtain information related to your Account, including information 
about these protections and your payment obligation, by calling 1-833-595-1800.  

Servicemembers Civil Relief Act: If you have received notice that you are to report to federal or state active duty military 
service, are currently on active duty military service, were on active duty military service within the past 365 days, or are the 
spouse or financial dependent of  a person called to active duty, you may be entitled to certain benefits and protections 
under the federal Servicemembers Civil Relief Act (SCRA) or a similar state law. Please call our  Virtual Center at 1-919-
595-1800 and ask to speak with an SCRA specialist. 

Your Billing Rights: 

Keep This Document for Future Use 
This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act. 

What to Do if You Find a Mistake on Your Statement 

If you think that there is an error on your statement, write to us at: Latino Community Credit Union, PO Box 25360, Durham, 
NC 27702 or send us a secure message through Online Access or Mobile Access. 

In your letter, give us the following information:  

•  Account Information: Your name and Account number.  
•  Dollar Amount: The dollar amount of the suspected error.  
•  Description of Problem: If you think there is an error on your bill, describe what you believe is wrong and why you 

believe it is a mistake.  

You must contact us:  

•  Within 60 days after the error appeared on your statement; and   
•  At least 3 business days before an automated payment is scheduled, if you want to stop payment on the amount 

you think is wrong.  

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You must notify us of any potential errors in writing. You may call us, but if you do, we are not required to investigate any 
potential errors and you may have to pay the amount in question. 

What Will Happen After We Receive Your Letter 

When we receive your written or electronic notice, we must do two things: 
1.   Within 30 days of receiving your letter, we must tell you we received your letter. We will also tell you if we have already 

corrected the error.  

2.   Within  90  days of receiving your letter, we must either correct the  error or explain to you why we believe the bill is 

correct.  

While we investigate whether or not there has been an error:  

•  We cannot try to collect the amount in question, or report you as delinquent on that amount;  
•  The charge in question may remain on your statement, and we may continue to charge you interest on that amount;  
•  While you do not have to pay the amount in question, you are responsible for the remainder of your balance;  
•  We can apply any unpaid amount against your credit limit.  

After we finish our investigation, one of two things will happen: 
1. 

If we  made  a  mistake:  You will  not have to  pay the  amount in question, or any interest or  other fees related to  the 
amount.  

2.   If we do not believe there was a mistake: You will have to pay the amount in question, along with applicable interest 
and fees. We will send you a statement of the amount you owe, and the date payment is due. We may then report you 
as delinquent if you do not pay the amount we think you owe.  

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 you do so, we cannot report you as delinquent without also reporting that you are questioning your bill. We 
must tell you the name of anyone to whom we reported you as delinquent, and we must let those organizations know when 
the matter has been settled between us.  

If we do not follow all of the rules above, you do not have to pay the first $50 of the amount you question even if your bill is 
correct. 

Your Rights if You Are Dissatisfied with Your Credit Card Purchases 

If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good 
faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase. 

To use this right, all of the following must be true: 
1.   The purchase must have been made in your home state or within 100 miles of your current mailing address, and the 
purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on 
an advertisement we mailed to you or if we own the company that sold you the goods or services.) 

2.   You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or branch or 

with a check that accesses your credit card account do not qualify. 

3.   You must not yet have fully paid for the purchase.  

If  all  the  criteria  above  are  met  and  you  are  still  dissatisfied  with  the  purchase,  contact  us  in  writing  at:  Card  and  ATM 
Services, P.O. Box 28540, Raleigh, NC 27611-8540 or send us a secure message through Online Access or Mobile Access. 

While we investigate, the same rules apply to the disputed amount as 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  pay,  we  may  report  you  as 
delinquent. 

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OCS #1976323 
Version No. 1.1