Your Ann Taylor or LOVE LOFT MasterCard® Credit Card account
887091017 (06/14)
agreement.
Minimum Payment: The Minimum Payment Due is the total of minimum pay-
This card is issued by Comenity Bank pursuant to a license from
ments for Regular Revolving and Promotional Credit Plan purchases plus any
MasterCard. MasterCard is a registered trademark of MasterCard
Past Due amounts. The total Minimum Payment Due on your account won't be
International Incorporated. This Agreement covers the Terms
less than $25.00. If your Account balance is less than $25.00, you must pay the
amount indicated on your Statement in full. The Minimum Payment Due for each
and Conditions of your account with us. In this document, you
Regular Revolving and Cash Revolving Credit Plans will be:
will find important information about using and managing your
The greater of
account, including a Privacy Statement and information con-
o
1% of the New Balance, excluding any new Regular Revolving or Cash
cerning your billing rights. Your use of the account, or failure
Revolving Credit Plan Interest Charges shown on the Statement; or
to close the account within the 30 days of receiving this docu-
o
$5.00
ment, indicates your acceptance of the terms of this agreement,
Plus any new Regular Revolving or Cash Revolving Credit Plan Interest
Charges shown on the Statement rounded up to the nearest $1.00.
including the assessment of any interest charges and fees.
See Minimum Payment in Section C below for promotional credit plan minimum
Section | of this Agreement also includes a Jury Trial Waiver and
payment calculations.
an Arbitration Provision in the event of a dispute.
The APR information described below is accurate as of June 1, 2014. Due to
a change in the index, this information may have changed. To find out more,
You have a right to reject this Arbitration Provision.
call us at 1-888-292-5707 (Ann Taylor) or 1-866-886-1009 (LOFT) (TDD/TTY:
If you do not reject this Arbitration Provision, it will be part
1-800-695-1788), or write us at Comenity Bank, PO Box 182273, Columbus
of this Agreement and will:
Ohio 43218-2273 or visit our website at comenity.net/anntaylorcard (Ann Taylor)
or comenity.net/LOFTCard (LOFT).
o
Eliminate your right to a trial by jury; and
A. Getting Started
o
Substantially affect your rights, including your right to
Definitions
bring, join in or participate in class proceedings.
In this Agreement, "We," "Us" and "Our" mean Comenity Bank. "You" and
Please read each section carefully and keep this document for
"Your" mean each person who submits an application or solicitation for an Ac-
your records.
count with us. "Account" means your credit card account with us. "Card" means
In the following sections, you will find information on:
each credit card we issue for your Account, as applicable. "Credit Plan" means
one or more payment program options Ann Taylor or LOVE LOFT may ask us to
Financial terms of your account: An at-a-glance summary of the fees and charges
offer from time to time.
associated with your account
Upholding your Agreement
A.
Getting started: the basics of your account
You agree to the terms of this Agreement, and promise to do everything
B. Keeping your account in good standing avoiding default, and what to do if
required of you. If you sign or submit an application or solicitation to obtain
your card is lost or stolen, as applicable
credit from us. you' II be legally bound by this Agreement. You're also legally
C.
Learning more about your account: credit plans, and credit limits, and how
bound if you sign a charge slip, or permit someone else to use the credit
payments are calculated and applied
provided.
D.
Interest, fees and charges: when and how fees and costs are applied to your
You agree that the credit extended under your Account will be used only for
account
personal, family or household purposes and not for business or commercial
E.
Other important information: legal rights, costs, and how we'll handle
purpose.
changes to your account
If the Account is a joint Account, you and the joint Account holder will
F.
Disputes and reporting to consumer reporting agencies: data we provide,
be bound by this Agreement. Each of you will be jointly and individually
and receive from, consumer reporting agencies, and what to do if you think
responsible for repaying all amounts due. If more than one person is re-
there is an error on your periodic statement
sponsible for this Account, we will only provide billing statements and com-
G.
Optional products: how to protect your account from fraud or theft, and
munications to one of you.
information on services that can help pay your debt in case of emergencies
Any authorized user of your Account will be bound by the terms of this
H.
Communicating with us: what happens when you contact us
Agreement. One additional Card may be issued with the individual name of
I.
Arbitration and jury trial waiver: how we'll resolve disagreements, including
an authorized user embossed on the Card. If you want to revoke the use of
a jury trial waiver and Arbitration provision
your Account by an authorized user, either write us at the address, or call us
at the phone number, shown on your Statement.
Privacy statement: how we collect, use, share, and protect your personal informa-
You agree to pay for all transactions made on your Account by an authorized
tion; and the privacy choices you can make
user, whether or not such transactions were authorized by you or made for
Financial terms of your account
your benefit.
Card signature (as applicable)
Interest Rates and Interest Charges
For your own protection, please sign your Card before using it. Keep in mind that
Annual
your signature on the Card isn't a prerequisite to your obligation to pay amounts
Percentage
24.99%
incurred on your Account.
Rate (APR) for
This APR will vary with the market based
Using your Account
on the Prime Rate.
Your Account may be used to make purchases from anywhere MasterCard is
Purchases
accepted.
APR for Balance
24.99%
We reserve the right to not honor transactions related to, including, but not
Transfers and
limited to, gambling, ATM usage at casinos, and illegal activities.
This APR will vary with the market based
Cash Advances
You may obtain a loan from us under your Account by using your Card or
on the Prime Rate.
a convenience check as follows: by purchasing goods or services with your
Card or your Account number; by obtaining a cash advance from a financial
Your due date is at least 23 days after
institution, by use of an ATM: by using a convenience check; or, by incurring
the close of each billing cycle. We will
charges authorized by this Agreement.
not charge you interest on purchases if
From time to time, in our sole discretion, we may send you convenience
Paying Interest
you pay your entire balance by the due
checks for use in borrowing under this Agreement. All convenience checks
date each month. We will begin charging
you use will be treated as cash advances under this Agreement, and subject
interest on balance transfers and cash
to the terms and fees that apply to cash advances, unless we advise you
otherwise.
advances on the transaction date.
You agree that convenience checks that you use will not be returned to you.
Minimum
If you are charged interest, the charge will
You may not use the convenience checks to make payments on any Co-
menity Bank Account.
Interest Charge
be no less than $1.00 per credit plan
You agree not to use a convenience check, and we do not have to pay any
For Credit
convenience check:
To learn more about factors to consider
o
Card Tips from
if you are in default under this Agreement;
when applying for or using a credit
o
if payment of that convenience check would cause your outstanding
the Consumer
Financial
card, visit the website of the Consumer
cash advance balance to exceed your cash advance limit; or
o
if we cancel or suspend your right to use convenience checks
Protection
Financial Protection Bureau at http://www.
From time to time, in our sole discretion, we may offer you the ability to
Bureau
consumerfinance.gov/learnmore.
transfer account balances from other credit card accounts you may have
to the Account. We may, in our sole discretion, offer promotional plans for
such balance transfers.
Fees
You may use the Card to obtain cash advances through certain ATMs. You
Annual Fee
None
will be given a Personal Identification Number (PIN) which must be used in
order to obtain an ATM cash advance.
Transaction Fees
o
Some limitations on ATM cash advances may apply, such as limita-
tions on dollar amount, number, or currency denominations.
o
You agree that any charges imposed by third parties for use of their
Balance Transfer
The greater of $10 or 3% of the
ATM facilities will be added to your Account balance as a cash ad-
amount of the balance transfer.
vance.
Cash Advance
The greater of $10 or 3% of the
If you make a purchase or obtain a cash advance in a foreign currency,
amount of the cash advance.
it will be converted by MasterCard into U.S. dollars in accordance with
MasterCard Operating Regulations in effect at the time the transaction is
Convenience Checks
The greater of $10 or 3% of the
processed.
amount of the convenience check.
o
The currency conversion rate in effect on the processing date may dif-
Foreign Transaction
3% of each transaction in U.S.
fer from the rate in effect on the transaction date or the posting date.
dollars.
o
The currency conversion rate used may be the same as, greater than, or
less than the amount that would be calculated by conversion through
Penalty Fees
a financial institution in the country in which the purchase or cash
advance occurred.
Late Payment
Up to $35.00
Making payments
Returned Payment
Up to $25.00
Pay your Account by sending a check, money order, or cashier's check pay-
able in U.S. dollars, to the name and address shown on your Statement
How We Will Calculate Your Balance: We use a method called
specified for payments. Please don't send cash.
"daily balance." See your Account agreement for more details.
Be sure to include your payment stub, do not staple your payment to the
stub, use the envelope provided with your Statement and don't send any
Billing Rights: Information on your rights to dispute
correspondence with your payment.
transactions and how to exercise those rights is provided in your
If your payment doesn't meet these requirements, it may not be credited to
your Account for up to five days, or may be rejected.
account agreement.
All written communications concerning disputed amounts, including any
check or other payment instrument marked with "payment in full" or similar
Comenity Bank 1-888-292-5707 (Ann Taylor) or 1-866-886-1009 (LOFT)
language, must be sent to 6550 North Loop 1604 East, Suite 101, San
(TDD/TTY 1-800-695-1788)
Antonio, Texas 78247-5004.
New York Residents: New York Residents may contact the New York state Depart-
o
We may accept a payment sent to any other address without losing any
ment of Financial Services by telephone or visit its website for free information
of our rights.
on comparative credit card rates, fees, and grace periods. New York Department
No payment shall operate as an accord and satisfaction without our
of Financial Services 1 (800) 518-8866 or www.dfs.ny.gov.
prior written approval.
B. Keeping your account in good standing
Rate Information: The following chart provides details on your variable rate as of
Avoiding default
June 1, 2014. We divide the APR by 365 to determine the daily periodic rate.
You'll be in default under this Agreement if you:
Fail to make any payment when due
Add to Index
APR
Daily Periodic Rate
Violate any provision of this Agreement
Pass away
Purchase APR
21.74%
24.99%
0.06846%
Become the subject of bankruptcy or insolvency proceedings
Balance Transfers and
21.74%
24.99%
0.06846%
Supply us with misleading, false, incomplete or incorrect information
Cash Advances APR
Are unable or unwilling to perform the terms or conditions of this Agreement
We'll charge you a minimum interest charge of $1.00 per credit plan for any
Fail to supply us with any information we deem necessary
billing period in which interest is due. For additional information, see Rates in
Default under any other loan or agreement you have with us or any of our
Section D.
affiliates
Become incompetent
Exceed your Credit Limit
Issue a payment returned unpaid by your bank for any reason
If we consider your Account in default, we may suspend your ability to make
How we calculate Interest Charges on your Account
charges, close your Account, require you to pay the full amount you owe im-
We calculate interest separately for each Credit Plan, using a "Daily Balance'
mediately or take any other action permitted by law. If applicable law requires
to determine interest charges for each billing period. Our calculation method is
us to do so, we'll tell you in advance and/or give you the opportunity to remedy
as follows:
your default.
We start with the beginning balance on your Account each day (including
Reporting a lost or stolen card (as applicable)
unpaid interest charges and fees).
If you notice the loss or theft of your credit card or a possible unauthorized use
We subtract any payments or credit adjustments (treating any net credit
of your card, you should write to us immediately at PO Box 182273, Columbus,
balance as a zero balance) and add new transactions and debit adjustments
Ohio 43218-2273 or call us at 1-888-292-5707 (Ann Taylor) or 1-866-886-
posted as of that day. This gives us the "Partial Daily Balance" for the day.
1009 (LOFT) (TDD/TTY: 1-800-695-1788) You will not be liable for any un-
authorized use that occurs after you notify us. You may, however, be liable for
We then multiply the Partial Daily Balance for the day by the Daily Periodic
unauthorized use that occurs before your notice to us. In any case, your liability
Rate. This gives us the "Daily Interest Charge" for the day, which we add to
will not exceed $50.
the day's Partial Daily Balance
C. Learning more about your account
We've now determined the "Daily Balance," which will be the beginning
balance for the following day. This results in daily compounding of interest
Credit Plans
charges.
Your Account may consist of a non-promotional ("Regular Revolving") Cred-
At the end of each billing period, we add together each Credit Plan's Daily
it Plan and one or more promotional Credit Plans. Credit Plans offered and
Interest Charge, which gives us the total interest charge.
their particular features (including but not limited to minimum purchase
Your Statement will show a Balance Subject to Interest Rate, which is the
requirements and minimum payment) may vary occasionally at our discre-
sum of the Daily Balances for each day in the billing period divided by the
tion and include one or more Regular Revolving or promotional Credit Plans.
total number of days.
We may offer different promotional Credit Plans from time to time
Rates
If a promotional Credit Plan is offered at the time you open your Account,
The Index in effect for each billing period will be the highest "Prime Rate"
this Agreement will include information about the terms for the Plan, by
of interest as published in the "Money Rates" section of The Wall Street
use of an insert, attachment, or other written information provided as part
Journal for the calendar month preceding the month in which the billing pe-
of this Agreement.
riod begins, rounded upward if necessary, to the nearest .001% ("Index").
Normal late fees, returned payment fees and all other provisions apply to
Any variable APR may increase if the Index increases.
any promotional Credit Plan, unless inconsistent with a particular Credit
Plan offering.
An increase or decrease in the APR will result in a corresponding increase
or decrease in the amount of interest and may increase the Total Minimum
If the promotional Credit Plan purchase isn't paid in full before the promo-
Payment.
tional period ends, the balance will be transferred to your Regular Revolving
balance.
Other fees and charges
Promotional Credit Plans may include:
You agree to pay the following fees and charges
o
Waive Interest, Payment Required o Defer Interest, Payment Required
Late Fee: If you don't pay at least the Minimum Payment Due by the Pay-
o Waive Interest, Equal Payment
o Defer Interest, Low Payment
ment Due Date, we will charge you a late fee.
o Waive Interest, Low Payment
o Low APR, Equal Payment
o
The fee is $25.00 if you were not charged a late fee during any of the
o Defer Interest, Equal Payment
o
Budget Payment
prior six billing periods.
o
Otherwise, the fee is $35.00.
Skip-payment option
o
This fee will never exceed the minimum payment due that was due
At our discretion, we may allow you to skip making the Minimum Payment.
immediately prior to the date on which the fee was assessed.
Interest Charges will be assessed during the skip-payment period, but a late
Returned Payment Fee: We may charge you a fee for each payment that your
fee won't be imposed. This will not be considered a waiver of any of the
bank doesn't honor for any reason.
rights granted by this Agreement.
o
The fee is $25.00 if you were not charged a returned payment fee
All other terms of your Account apply during the skip-payment period.
during any of the prior six billing periods.
Credit limit
o
This fee will never exceed the minimum payment due that was due
immediately prior to the date on which the fee was assessed.
Your Credit Limit is the total maximum amount we permit you to owe us at
any time.
Although we may decide to do so, we aren't required to attempt to collect a
payment more than once.
You may not exceed any Credit Limit that we set for your Account.
Document Fees: If we provide you with a copy of any Statement, sales draft
If you do exceed your Credit Limit, we can still charge you for all transac-
or similar document at your request (except in connection with billing error
tions, interest and other charges without giving up any of our rights under
inquiries or resolution), we may charge the Account the following fee(s),
this Agreement.
subject to any limitations of applicable law:
We may change your Credit Limit at any time.
o
Statement copy $6.00
Account cancellation
o
Sales/Credit Draft copy $6.00
You may cancel your Account. You're still obligated to pay the full amount
o
Check/Money Order copy $6.00
you owe us.
Alternative Payment Method Fee: We may offer alternative payment meth-
We may cancel your Account at any time, for any reason.
ods that allow you to make individual, expedited payments to your Account
We may refuse to authorize any transaction on your Account. We may also
over the phone. If you choose to use this payment method. we may assess
the current fee we charge for this service, subject to any limitations of ap-
suspend your Account and your right to use your Card, including each Card
you give to others.
plicable law. Currently, that fee is up to $15.00 but may change. We'll let
you know the current fee before you authorize any payment(s), and you can
We may stop offering any Credit Plan at any time, for any reason.
withdraw your request if you don't want to pay the fee.
Cancellation or suspension of your Account doesn't negate your obligation
Cash Advance Fee: For any cash advance obtained in person from a finan-
to pay any amount you owe us.
cial institution or through an ATM, you will pay a transaction fee equal to
Cancellation of your Account includes each Card you give to others.
the greater of $10 or 3% of the amount of the cash advance. You take a
Cards are issued with an expiration date. We have the right not to renew
cash advance if you use a convenience check; get money through an auto-
your Account
mated teller machine (ATM); or get money through a financial institution.
Minimum Payment
Convenience Check Fee: For any convenience check written against your
You can pay all of your Account balance at any time without
Account, you will pay a transaction fee equal to the greater of $10 or 3% of
the amount of the convenience check.
penalty.
Balance Transfer Fee: For any balance transfer from another account, you
You must pay at least the Total Minimum Payment for each billing period by
will pay a transaction fee equal to the greater of $10 or 3% of the amount
the Payment Due Date shown on your Statement.
of the balance transfer.
The Minimum Payment is the total of the minimum payments for the Regu-
Foreign Transaction Fee: For any charge or cash advance outside the United
lar Revolving and promotional Credit Plans plus any Past Due amounts.
States or in a foreign currency, you will pay a transaction fee equal to 3%
The Total Minimum Payment won't be less than $25.00. If your Account
of the U.S. dollar amount of the transaction. If a charge or cash advance
balance is less than $25.00, you must pay the amount indicated on your
is converted into U.S. dollars our network providers (Visa, MasterCard, and
Statement in full.
Discover) will select either (1) a rate from the range of rates available in
The minimum payment for each Credit Plan is calculated as follows:
wholesale currency markets for the applicable central processing date,
o
The minimum payment for the Waive Interest, Payment Required and
which may vary from the rate the network provider itself receives, or (2) a
Defer Interest, Payment Required Credit Plans will be the greater of:
government-mandated rate in effect for the applicable central processing
(a) $5.00 or
date.
(b) 3.5% (rounded up to the nearest $1.00) of the New Balance
Return Convenience Check Fee: For each convenience check written against
shown on your Statement for that Credit Plan.
your Account which fails to clear and is returned unsatisfied, you will pay a
o
The minimum payment for the Waive Interest, Equal Payment and
fee of up to $35.
Defer Interest, Equal Payment Credit Plans will be the amount of the
Stop Payment Fee: For each convenience check written against your Ac-
purchase divided by the number of months between the date of the
count on which you request us to stop payment, you will pay a fee of up to
purchase and the promotional period end date (minimum $5.00)
$35, regardless of whether we actually stop payment on the convenience
rounded up to the nearest $1.00.
check.
o
The minimum payment for the Low APR, Equal Payment Credit Plan
E. Other important information
will be the amount of the purchase including the calculated interest
charges that will be assessed from the date of purchase through the
Collection costs
end of the promotional period divided by the number of months be-
To the extent not prohibited by applicable law, you agree to pay the reasonable
tween the date of the purchase and the promotional period end date
costs for collecting amounts due, including reasonable attorney's fees and court
(minimum $5.00) rounded up to the nearest $1.00.
costs incurred by us or another person or entity.
o
The minimum payment for the Waive Interest, Low Payment and Defer
Changes
Interest, Low Payment Credit Plans will be the greater of:
We may add, change, or delete the terms of your Account. If required by appli-
(a) $5.00 or
cable law, we will give you advance written notice of the change(s) and a right to
(b) 1.0% (rounded up to the nearest $1.00) of the New Balance
reject the change(s).
shown on your Statement for that Credit Plan.
Security Interest
Payment application
You grant us a security interest in all goods you purchase through the use of the
We reserve the right to apply payments equal to or less than the Total Mini-
Account, now or at any time in the future and in all accessions to and proceeds of
mum Payment however we see fit, which may result in balances subject to
such goods. We waive any security interest we may have in your principal dwell-
lower interest rates being paid prior to other balances. This may also result
ing, to the extent that it would otherwise secure any obligation arising hereunder.
in higher interest charges.
Changes to your information
Any payment you make in excess of the required Total Minimum Payment
You agree to notify us immediately of any changes to your name, mailing address,
will be allocated to your Account as required by applicable law.
electronic mail address or telephone number(s).
Excess payments received before a deferred interest promotion expires are
Governing Law
applied to the deferred interest promotional balance first in the last two
THIS AGREEMENT IS GOVERNED BY DELAWARE AND APPLICABLE FEDERAL
billing periods of the promotional period.
LAW. THIS IS THE LAW WE ARE SPEAKING OF WHEN WE REFER TO A TERM
D. Interest, fees and charges
PERMITTED OR REQUIRED BY APPLICABLE LAW.
Interest charges
Transfer of Rights/Assignment
There is no period in which you can pay back a cash advance, any other
Your rights under this Agreement can't be transferred by you, by operation of law
transaction treated as a cash advance under this Agreement, or a balance
or otherwise, but your obligations will be binding upon your estate or personal
transfer to avoid incurring an Interest Charge. For a cash advance using a
representatives. We may transfer or assign your Account and/or this Agreement,
convenience check, the date of the advance is the date the convenience
or any of our rights under this Agreement, to another person or entity at any time
check is presented to us or our agent for payment. For all other cash ad-
without prior notice to you or your consent.
vances, the date of the advance is the date you obtained the advance.
No Waiver of Rights
If you make a purchase under a Regular Revolving Credit Plan, interest
We can delay enforcing our rights under this Agreement without losing them.
charges won't be imposed in any billing period in which (i) no Previous Bal-
Severability
ance exists or (ii) payments received and credits issued by the Payment Due
If any provision of this Agreement is in conflict with applicable law, that provision
Date, equal or exceed the Previous Balance.
will be considered to be modified to conform with applicable law.
If the New Balance shown on your last Statement isn't paid in full by the
Notice to New Jersey Residents
Payment Due Date shown on your last Statement, there will be an interest
charge on each purchase from the date of purchase.
All provisions of this agreement are valid, enforceable and applicable in New
Jersey.
If you make a purchase under any Waive Interest Credit Plan, we won't
charge interest on the purchase if you pay the total purchase amount be-
F. Disputes and Reporting to Consumer Reporting Agencies
fore the end of the promotional period. If you don't pay the total purchase
Credit Reports
amount before the end of the promotional period, we'll add the remaining
You give us permission to investigate your credit record.
amount to your Regular Revolving balance. We'll also begin charging inter-
est on the purchase from the first day after the promotional period ends.
You agree that a credit report may be requested in connection with the
processing of your credit application. A report may also be requested in
If you make a purchase under any Defer Interest Promotional Credit Plan
connection with a credit extension, credit limit request, Account renewal or
and don't pay the total amount before the end of the promotional period,
update, Account collection action, or dispute investigation. Upon request,
we'll add the remaining purchase amount and the amount of accrued inter-
we will tell you the name and address of any consumer reporting agency that
est to your Regular Revolving balance.
furnished a report on you. You consent to the obtaining of such reports by
If you make a purchase under a Low APR, Equal Payment Credit Plan,
signing or otherwise submitting an application or solicitation.
interest will be assessed from the date of purchase through the end of the
You understand that we may report negative information (such as, late pay-
promotional period.
ments, missed payments, or other defaults) about your Account to con-
sumer reporting agencies.
You give us permission to provide information about your Account to con-
Comenity Bank
sumer reporting agencies and other creditors, as well as to the retailer
PO Box 182782, Columbus, Ohio 43218-2782
whose name appears on your Card.
While we investigate, the same rules apply to the disputed amount as discussed
Credit report disputes
above. After we finish our investigation, we will tell you our decision. At that
If you believe the Account information we reported to a consumer reporting
point, if we think you owe an amount and you do not pay, we may report you as
agency is inaccurate, you may submit a direct dispute to Comenity Bank, PO Box
delinquent.
182789, Columbus, Ohio 43218-2789.
G. Optional products
Your written dispute must provide sufficient information to identify the Account
Credit insurance (as applicable)
and specify why the information is inaccurate:
Purchasing credit insurance is optional. If you do choose to carry credit insur-
Account Information: Your name and Account number
ance coverage, the premium charge will be added to your Account as a purchase
Contact Information: Your address and telephone number
on the last day of each billing period. You can cancel your coverage at any time.
Disputed Information: Identify the Account information disputed and ex-
Account Assure Pro Debt cancellation (as applicable)
plain why you believe it is inaccurate
Purchasing Account Assure Pro is optional.
Supporting Documentation: If available, provide a copy of the section of
Your decision whether or not to purchase Account Assure Pro won't affect
the credit report showing the Account information you are disputing
your application for credit or the terms of any existing credit agreement you
We will investigate the disputed information and report the results to you within
have with us.
30 days of receipt of the information needed for our investigation. If we find that
the Account information we reported is inaccurate, we will promptly provide the
The monthly fee for Account Assure Pro is based on the outstanding month-
necessary correction to each consumer reporting agency to which we reported
ly balance on your Account each month and will be added to your State-
ment.
the information.
Your Billing Rights: Keep This Document For Future Use
We'll provide additional information before you're required to pay for Ac-
count Assure Pro. This will include a copy of the terms and conditions
This notice tells you about your rights and our responsibilities under the Fair
pertaining to Account Assure Pro.
Credit Billing Act.
You can cancel your Account Assure Pro at any time.
What To Do If You Find A Mistake On Your Statement
If you think there is an error on your statement, write to us at: Comenity Bank,
There are eligibility requirements, conditions, and exclusions that could
PO Box 182782, Columbus, Ohio 43218-2782
prevent you from receiving benefits under Account Assure Pro.
In your letter, give us the following information:
Be sure to carefully read the Addendum for a full explanation of the terms
Account information: Your name and account number.
of Account Assure Pro.
Dollar amount: The dollar amount of the suspected error.
H. Communicating with us
Description of problem: If you think there is an error on your bill, describe
Communicating to you about your Account
what you believe is wrong and why you believe it is a mistake.
If we need to contact you to service your Account or to collect amounts you owe
You must contact us:
to us, you give direct consent to us, as well as servicers, agents, contractors and
Within 60 days after the error appeared on your statement.
collectors of your Account, to communicate with you in any way, such as calling,
texting, or electronic mail via:
At least 3 business days before an automated payment is scheduled, if you
1)
a cell, landline, or text number you provide, use to contact us, or at which
want to stop payment on the amount you think is wrong.
we believe we can reach you (even if it is not yours),
You must notify us of any potential errors in writing. You may call us, but if you
2)
any electronic mail address you provide to us or one of our merchants,
do we are not required to investigate any potential errors and you may have to
3)
automated dialer systems and automatic telephone dialing systems,
pay the amount in question.
4)
pre-recorded or artificial voice messages and other forms of communica-
What Will Happen After We Receive Your Letter
tions.
When we receive your letter, we must do two things:
You also agree that these communications aren't unsolicited for purposes of any
1.
Within 30 days of receiving your letter, we must tell you that we received
state or federal law, and you understand that this may result in additional mobile,
your letter. We will also tell you if we have already corrected the error.
text message, or data charges.
2.
Within 90 days of receiving your letter, we must either correct the error or
Phone monitoring
explain to you why we believe the bill is correct.
While we investigate whether or not there has been an error:
To provide you with high-quality service, phone communication with us is
monitored and/or recorded.
We cannot try to collect the amount in question, or report you as delinquent
on that amount.
You agree that we monitor and/or record any phone calls between you and
us.
The charge in question may remain on your statement, and we may continue
to charge you interest on that amount.
Please inform all authorized cardholders of this provision, including anyone
While you do not have to pay the amount in question, you are responsible
acting on your behalf or making payments on this Account.
for the remainder of your balance.
For Wisconsin residents:
We can apply any unpaid amount against your credit limit.
If you are married, please contact us immediately upon receipt of this Agree-
After we finish our investigation, one of two things will happen:
ment at 1-888-292-5707 (Ann Taylor) or 1-866-886-1009 (LOFT) (TDD/TTY
1-800-695-1788) and provide us with the name and address of your spouse. We
If we made a mistake: You will not have to pay the amount in question or
are required to inform your spouse that we have opened a credit account for you.
any interest or other fees related to that amount.
For bankruptcy notifications:
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 state-
All bankruptcy notices and related correspondence to Comenity Bank should be
ment of the amount you owe and the date payment is due. We may then
sent to the following address: Comenity Bank, Bankruptcy Department, PO Box
report you as delinquent if you do not pay the amount we think you owe.
182125, Columbus, Ohio 43218-2125.
If you receive our explanation but still believe your bill is wrong, you must write
I. Arbitration and jury trial waiver
to us within 10 days telling us that you still refuse to pay. If you do so, we cannot
A. Jury trial waiver
report you as delinquent without also reporting that you are questioning your bill.
TO THE EXTENT PERMITTED BY LAW, YOU AND WE WAIVE ANY RIGHT TO
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
TRIAL BY JURY IN THE EVENT OF A LAWSUIT ARISING OUT OF OR RELATED
between us.
TO THIS AGREEMENT. THIS JURY TRIAL WAIVER SHALL NOT AFFECT THE
If we do not follow all of the rules above, you do not have to pay the first $50 of
ARBITRATION PROVISION BELOW (INCLUDING THE JURY TRIAL WAIVER
the amount you question even if your bill is correct.
CONTAINED THEREIN). YOU AND WE EACH REPRESENT THAT THIS WAIVER
Your Rights If You Are Dissatisfied With Your Credit Card Purchases
IS GIVEN KNOWINGLY, WILLINGLY AND VOLUNTARILY.
If you are dissatisfied with the goods or services that you have purchased with
B. Notice and cure
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
Prior to bringing a lawsuit or initiating an arbitration that asserts a claim arising
purchase.
out of or related to this Agreement (as further defined below, a "Claim"), the
To use this right, all of the following must be true:
party asserting the Claim (the "Claimant") shall give the other party (the "Defen-
1. The purchase must have been made in your home state or within 100 miles
dant") written notice of the Claim (a "Claim Notice") and a reasonable opportu-
of your current mailing address, and the purchase price must have been more
nity, not less than 30 days, to resolve the Claim. Any Claim Notice to you shall
than $50. (Note: Neither of these are necessary if your purchase was based on
be sent in writing to the address we have in our records (or any updated address
an advertisement we mailed to you, or if we own the company that sold you the
you subsequently provide to us). Any Claim Notice to us shall be sent by mail to
goods or services.)
Comenity Bank, PO Box 182436, Columbus, Ohio 43218-2436 (or any updated
2. You must have used your credit card for the purchase. Purchases made with
address we subsequently provide). Any Claim Notice you send must provide your
cash advances from an ATM or with a check that accesses your credit card ac-
name, address and Account number. Any Claim Notice must explain the nature
count do not qualify.
of the Claim and the relief that is demanded. You may only submit a Claim No-
3. You must not yet have fully paid for the purchase.
tice on your own behalf and not on behalf of any other party. No third party, other
If all of the criteria above are met and you are still dissatisfied with the purchase,
than a lawyer you have personally retained, may submit a Claim Notice on your
contact us in writing at:
behalf. The Claimant must reasonably cooperate in providing any information
about the Claim that the other party reasonably requests.
C. Arbitration provision
7. Prohibition Against Certain Proceedings: IF YOU OR WE ELECT TO ARBI-
READ THIS ARBITRATION PROVISION CAREFULLY. IF YOU DO NOT REJECT
TRATE A CLAIM: (1) NEITHER YOU NOR WE MAY PARTICIPATE IN A CLASS
THIS ARBITRATION PROVISION IN ACCORDANCE WITH PARAGRAPH BE-
ACTION IN COURT OR IN CLASS-WIDE ARBITRATION, EITHER AS A PLAIN-
LOW, IT WILL BE PART OF THIS AGREEMENT AND WILL HAVE A SUBSTAN-
TIFF, DEFENDANT OR CLASS MEMBER; (2) NEITHER YOU NOR WE MAY ACT
TIAL IMPACT ON THE WAY YOU OR WE WILL RESOLVE ANY CLAIM WHICH
AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN ARBITRATION; (3)
YOU OR WE HAVE AGAINST EACH OTHER NOW OR IN THE FUTURE.
CLAIMS BROUGHT BY OR AGAINST YOU MAY NOT BE JOINED OR CONSOLI-
1. Your Right to Reject: If you don't want this Arbitration Provision (and any
DATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER PERSON; AND
prior arbitration agreement between you and us ("Prior Arbitration Agreement"))
(4) THE ARBITRATOR SHALL HAVE NO POWER OR AUTHORITY TO CONDUCT
to apply, you may reject it by mailing us a written rejection notice which gives
A CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ARBITRATION
the name of each Cardholder and contains a statement that you (both of you, if
OR MULTIPLE-PARTY ARBITRATION.
more than one) reject the Arbitration Provision of this Agreement. The rejection
notice must be sent to us at Comenity Bank, PO Box 182422, Columbus, Ohio
8. Location and of Arbitration: Any arbitration hearing that you attend
43218-2422. A rejection notice is only effective if it is signed by you (all of you,
must take place at a location reasonably convenient to you. We will pay any and
if more than one) and if we receive it within thirty (30) calendar days after the
all fees of the Administrator and/or the arbitrator if applicable law requires us
date we first provide you with a credit card agreement or written notice providing
to, if you prevail in the arbitration or if we must bear such fees in order for this
you a right to reject this Arbitration Provision. Your rejection of this Arbitration
Arbitration Provision to be enforced. If you demand an arbitration, we will pay
Provision will not affect any other provision of this Agreement or your ability to
your reasonable attorneys' and experts' fees if you prevail or if we must bear such
obtain credit.
fees in order for this Arbitration Provision to be enforced. Also, we will bear any
fees if applicable law requires us to.
2. Parties Subject to Arbitration: Solely as used in this Arbitration Provision (and
9. Governing Law: This Arbitration Provision involves interstate commerce and
not elsewhere in this Agreement), the terms "we," "us" and "our" mean (a) Co-
menity Bank, any parent, subsidiary or affiliate of the Bank and the employees,
is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (the "FAA"), and
not by any state arbitration law. The arbitrator must apply applicable substantive
officers and directors of such companies (the "Bank Parties"); and (b) any other
law consistent with the FAA and applicable statutes of limitations and claims of
person or company that provides any services in connection with this Agreement
if you assert a Claim against such other person or company at the same time you
privilege recognized at law. The arbitrator may award any remedy provided by the
substantive law that would apply if the action were pending in court (including,
assert a Claim against any Bank Party.
without limitation, punitive damages, which shall be governed by the Constitu-
3. Covered Claims: "Claim" means any claim, dispute or controversy between
tional standards employed by the courts). At the timely request of either party,
you and us that in any way arises from or relates to this Agreement, the Account,
the arbitrator must provide a brief written explanation of the basis for the award.
the issuance of any Card, any rewards program, any prior agreement or account.
"Claim" includes disputes arising from actions or omissions prior to the date
10. Right to Discovery: In addition to the parties' rights to obtain discovery
any Card was issued to you, including the advertising related to, application for
pursuant to the arbitration rules of the Administrator, either party may submit
or approval of the Account. "Claim" has the broadest possible meaning, and
a written request to the arbitrator to expand the scope of discovery normally al-
lowable under the arbitration rules of the Administrator. The arbitrator shall have
includes initial claims, counterclaims, cross-claims and third-party claims. It
includes disputes based upon contract, tort, consumer rights, fraud and other
discretion to grant or deny that request.
intentional torts, constitution, statute, regulation, ordinance, common law and
11. Arbitration Result and Right of Appeal: Judgment upon the arbitrator's
equity (including any claim for injunctive or declaratory relief). "Claim" does not
award may be entered by any court having jurisdiction. The arbitrator's decision
include disputes about the validity, enforceability, coverage or scope of this Arbi-
is final and binding, except for any right of appeal provided by the FAA. However,
tration Provision or any part thereof (including, without limitation, the prohibition
if the amount of the Claim exceeds $50,000 or involves a request for injunctive
against class proceedings, private attorney general proceedings and/or multiple
or declaratory relief that could foreseeably involve a cost or benefit to either party
party proceedings described in Paragraph C.7 (the "Class Action Waiver"), the
exceeding $50,000, any party can, within 30 days after the entry of the award
last sentence of Paragraph C.13 and/or this sentence); all such disputes are for
by the arbitrator, appeal the award to a three-arbitrator panel administered by the
a court and not an arbitrator to decide. However, any dispute or argument that
Administrator. The panel shall reconsider anew any aspect of the initial award
concerns the validity or enforceability of the Agreement as a whole is for the
requested by the appealing party. The decision of the panel shall be by majority
arbitrator, not a court, to decide.
vote. Reference in this Arbitration Provision to "the arbitrator" shall mean the
4. Starting an Arbitration: Arbitration may be elected by any party with respect
panel if an appeal of the arbitrator's decision has been taken. The costs of such
to any Claim, even if that party has already initiated a lawsuit with respect to a
an appeal will be borne in accordance with Paragraph C.8. above.
different Claim. Arbitration is started by giving a written demand for arbitration
12. Rules of Interpretation: This Arbitration Provision shall survive the repay-
to the other party. We will not demand to arbitrate an individual Claim that you
ment of all amounts owed under this Agreement, the closing of the Account, any
bring against us in small claims court or your state's equivalent court, if any. But
legal proceeding and any bankruptcy to the extent consistent with applicable
if that Claim is transferred, removed or appealed to a different court, we then
bankruptcy law. In the event of a conflict or inconsistency between this Arbitra-
have the right to demand arbitration.
tion Provision, on the one hand, and the applicable arbitration rules or the other
5. Choosing the Administrator: "Administrator" means the American Arbitration
provisions of this Agreement, on the other hand, this Arbitration Provision shall
Association ("AAA"), 1633 Broadway, 10th Floor, New York, NY 10019, www.
govern. This Arbitration Provision replaces any Prior Arbitration Agreement.
adr.org; JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018, www.
13. Severability: If any portion of this Arbitration Provision, other than the Class
jamsadr.com; or any other company selected by mutual agreement of the par-
Action Waiver, is deemed invalid or unenforceable, the remaining portions shall
ties. If both AAA and JAMS cannot or will not serve and the parties are unable
nevertheless remain in force. If a determination is made that the Class Action
to select an Administrator by mutual consent, the Administrator will be selected
Waiver is unenforceable, only this sentence of the Arbitration Agreement will re-
by a court. The arbitrator will be appointed by the Administrator in accordance
main in force and the remaining provisions shall be null and void, provided that
with the rules of the Administrator. However, the arbitrator must be a retired or
the determination concerning the Class Action Waiver shall be subject to appeal.
former judge or a lawyer with at least 10 years of experience. You get to select the
14. Special Payment: If (1) you submit a Claim Notice in accordance with
Administrator if you give us written notice of your selection with your notice that
Paragraph B above on your own behalf (and not on behalf of any other party);
you are electing to arbitrate any Claim or within 20 days after we give you notice
(2) we refuse to provide you with the relief you request; and (3) an arbitrator
that we are electing to arbitrate any Claim (or, if you dispute our right to require
subsequently determines that you were entitled to such relief (or greater relief),
arbitration of the Claim, within 20 days after that dispute is finally resolved).
the arbitrator shall award you at least $5,100 (plus any fees and costs to which
If you do not select the Administrator on time, we may do it. Notwithstanding
you are entitled).
any language in this Arbitration Provision to the contrary, no arbitration may be
administered, without the consent of all parties to the arbitration, by any Admin-
istrator that has in place a formal or informal policy that is inconsistent with the
comenity
Comenity Bank, Wilmington, DE
Class Action Waiver.
176ALLC083013
6. Court and Jury Trials Prohibited; Other Limitations on Legal Rights: IF YOU
887091017 (06/14)
OR WE ELECT TO ARBITRATE A CLAIM, YOU WILL NOT HAVE THE RIGHT TO
PURSUE THAT CLAIM IN COURT OR HAVE A JURY DECIDE THE CLAIM. ALSO,
YOUR ABILITY TO OBTAIN INFORMATION FROM US IS MORE LIMITED IN AN
ARBITRATION THAN IN A LAWSUIT. OTHER RIGHTS THAT YOU WOULD HAVE
IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.
Pricing Addendum
Interest Rates and Interest Charges
Annual Percentage Rate
Prime rate plus 21.74%
(APR) for Purchase
This APR will vary with the market based on the Prime Rate.
APR for Balance Transfers
Prime rate plus 21.74%.
and Cash Advances
This APR will vary with the market based on the Prime Rate.
Paying Interest
Your due date is at least 23 days after the close of each billing cycle. We will not
charge you interest on purchases if you pay your entire balance by the due date
each month. We will begin charging interest on cash advances and balance transfers
on the transaction date.
Minimum Interest Charge
If you are charged interest, the charge will be no less than $1.00 per credit plan.
Fees
Annual Fee
None
Transaction Fees
Balance Transfer
The greater of $10 or 3% of the amount of the balance transfer.
Cash Advance
The greater of $10 or 3% of the amount of the cash advance.
Convenience Check
The greater of $10 or 3% of the amount of the convenience check.
Foreign Transaction
3% of each transaction in U.S. dollars.
Penalty Fees
Late Payment
Up to $35
Returned Payment
Up to $25
Balance Computation
We use a method called "daily balance (including new purchases)."
Method