Credit Card Agreement for GM Card in Capital One, N.A.
There are two parts to this Credit Card Agreement: Capital One Pricing Information and the Capital One Customer Agreement. The Pricing Information shows
a range of terms that includes both mail and online offers for new accounts available under this Agreement as of December 31, 2013. The combination of terms
that could apply to you may differ depending on the specific card offer and on your creditworthiness at the time of application. The Customer Agreement contains
important information related to consumer credit cards issued by Capital One, N.A. If you are a current Capital One cardholder, please log in to your account if you
would like to request the Credit Card Agreement for your account(s).
CAPITAL ONE® PRICING INFORMATION
Annual Percentage Rate
11.9% 22.9%.
(APR) for Purchases
This APR will vary with the market based on the Prime Rate.
APR for Balance
11.9% 22.9%.
Transfers
This APR will vary with the market based on the Prime Rate.
APR for Cash Advances
24.9%.
This APR will vary with the market based on the Prime Rate.
Penalty APR and When It
29.4%.
Applies
This APR will vary with the market based on the Prime Rate.
This APR may be applied to your account if you make a late payment.
How Long Will the Penalty APR Apply? If APRs are increased for a payment that is late, the Penalty APR may apply indefinitely
unless you make the next six consecutive minimum payments on time following the rate increase.
Paying Interest
Your due date is at least 25 days after the close of each billing cycle. We will not charge interest on new purchases, provided you
have paid your previous balance in full by the due date each month. We will begin charging interest on cash advances and special
transfers on the transaction date.
Minimum Interest Charge
If you are charged interest, the charge will be no less than $1.00.
Annual Fee
$0
Transaction Fees
Balance Transfer Fee
None.
Cash Advance Fee
Either $15 or 3% of the amount of each cash advance, whichever is greater.
Foreign Transaction Fee
None.
Penalty Fees
Late Payment
Up to $35.
Over the Credit Limit Fee
None.
Returned Payment
Up to $25.
Balance Computation Method: Average Daily Balance (including new purchases)
The "Daily Balance" of a Credit Plan is determined by taking the opening balance of the Credit Plan for that day, and adding 1) any new purchase made on the
Credit Plan that day, 2) the previous day's Interest Charges, 3) any credit insurance premiums or debt cancellation fees (if applicable) incurred on that day and 4)
any late fees, over the credit limit fees, returned payment fees or other fees incurred on that day and subtracting any payments or credit applied to the Credit Plan
that day. If your Account is subject to a grace period during the billing cycle, payments made during that cycle will be subtracted from all Daily Balances in the
current cycle.
Required Insurance, Debt Cancellation or Debt Suspension Coverage: None
Disclosure of Rates: The Daily Periodic Rate which is used to determine your Interest Charges and the corresponding Annual Percentage Rate, will be variable rates
which may change monthly. The Daily Periodic Rate will be one-three hundred sixty fifth of the sum of the U.S. prime rate published in Money Rates table of The Wall
Street Journal that is in effect on the last day of the month. ("Prime Rate"), plus a "Spread" of 8.65 to 19.65 percentage points for the Standard Rate and a "Spread" of
26.15 percentage points for the Penalty Rate. Any changes in the Prime Rate will take effect on the first day of your billing cycle beginning in the next month.
CAPITAL ONE CUSTOMER AGREEMENT
ABOUT THIS AGREEMENT
We are not liable if:
Part 1 and 2 together make your Cardmember Agreement and
a merchant refuses your Card; and/or
Disclosure Statement ("Agreement") and govern your Credit Card
we do not complete your transaction for any reason.
Account with us (your "Account").
CREDIT LIMIT
Part 1 contains Terms and Conditions. Part 2 contains Annual
When we first send your Card, we will tell you:
Percentage Rate ("APR") and fee information. Please read and keep
the total credit limit on your Account; and
both parts of this Agreement.
the portion of this limit you can use for cash advances.
Thank you.
If a cash advance limit is not shown on your billing statement, it means
your total credit limit is available for cash advances.
KEY TERMS
"You" and "your" means each person who:
We may change these limits from time to time. Whenever this occurs,
applied for this Account; and/or
we will notify you:
agrees to pay for the Account.
on your billing statement; and/or
by sending a notice.
"We," "us," "our," and "Capital One" means Capital One, N.A., 1111
Town Center Drive, Las Vegas, Nevada 89144.
You agree to:
keep your Account balance (which includes Interest and other
"Agreement" means Parts 1 and 2 of this document and any
charges) within your credit limit; and
supplements or amendments.
immediately pay any over limit amount that might occur.
"Card" means any card, card number or other device we issue to
Your available credit may not reflect your payments for up to 14 days.
access your Account.
If a transaction exceeds your available credit, we may decline it.
GETTING STARTED
RECURRING BILLS
The Card must be signed to be used.
If you authorize any company to bill charges on a recurring basis to your
When you receive this Agreement, use the Account, or sign or keep
Account, we may provide the company with information about your:
the Card, you agree to:
a) Account number;
the terms of this Agreement; plus
b) Account status; and
any amendments or supplements to the Agreement.
c) Account expiration date.
If your Account has an Annual Fee or Periodic Membership Fee, we will
You must notify the company when and if you no longer want to allow
refund this fee if:
them to charge your Account.
you have not used your Account; and
If you default with us or if we change your Account or Account
you close your Account within 90 days of when it was opened.
number for any reason:
You may close your Account at any time.
we may refuse or suspend future recurring charges; and
you must set up the recurring charges again and/or make other
TYPES OF USES
payment arrangements with the company.
You can use your Account for:
Purchases;
PROMISE TO PAY
Balance Transfers; and
You promise to pay for all:
Cash Advances.
credit we extend; plus
Interest Charges and other fees or charges; plus
We may limit the amount and/or frequency of any type of use at any time.
collection costs and attorney fees as allowed by law.
Balance transfers include credit card checks, unless otherwise disclosed.
If your Account is a joint Account, each of you is jointly and
individually responsible for amounts due. This remains true in the event
Cash advances include cash you get:
over the counter (e.g., at a bank);
of death, divorce or other events that affect liability between you and
the other person.
at an ATM; and
from other purchases we define as "cash-like" (e.g., money orders,
If any joint Accountholder requests to not be liable for future
traveler's checks, casino chips, or lottery tickets).
transactions, we may close the Account.
ALLOWED USE
WHEN AND HOW TO PAY
You agree to:
You agree to:
use your Account only for lawful purposes;
pay at least the Minimum Payment Due as described in Part 2, and as
use your Account for only personal, family, household, or charitable
shown on your billing statement; and
purposes; and
make this payment in time to be credited by no later than the
repay us for all costs related to uses not allowed under this Agreement.
Payment Due Date.
You are not allowed to use your Account:
If you wish, you may pay more than the Minimum Payment Due or the
to make payments to this credit card or any other loan payments to
entire balance at any time.
us or our affiliates; or
for internet gambling.
Instructions for making timely payments are shown on your billing
statement.
You will take reasonable steps to prevent the unauthorized use of your
Card and Account.
Payments must be:
made in U.S. dollars; and
If you have given someone permission to use the Card, this is not
paid from a U.S. bank or other U.S. financial institution; and
unauthorized use and you will be liable for all use by that person.
sent in a form that is acceptable to us.
USING THE ACCOUNT
Acceptable forms of payment include:
At times we may:
a check or money order; or
decline a transaction if there is not enough available credit and for
an electronic funds transfer.
any other reason; and/or
require our Authorization before allowing a transaction.
If you want to write any special conditions on your payment, such as
"paid in full", "without recourse", or similar language, you must mark
A merchant may check your ID.
this clearly on your payment. Send this payment to the special address
on your statement. This address is called the "Billing Inquiries" address.
Unless you follow the above directions, we may accept a payment
determine the Average Daily Balance for each type of transaction;
marked with special conditions and not agree to those conditions, and
(for example, purchases, balance transfers, and cash advances); then
will not lose any of our rights.
multiply this number by the applicable Daily Periodic Rate; then
multiply this number by the total number of days in the billing cycle.
By sending us a check for payment on your Account, you authorize us
either to:
We use the applicable Daily Periodic Rate in effect on the billing
use information from your check to initiate an electronic fund
statement closing date.
transfer from your payment account according to the terms of the
check; or
HOW DAILY BALANCE IS DETERMINED
to process this transaction as a check.
To determine your Daily Balance, we:
take the beginning balance for each type of transaction that day; then
When we use your check to make an electronic fund transfer:
add the following that were incurred on that day:
funds may be withdrawn from your payment account the same day
a) any new transactions;
we receive your payment; and
b) any previous day's periodic Interest Charges;
you will not receive your check back from your bank.
c) any Finance Charges; and
d) any fees and charges, including any credit insurance premiums or
When you use our optional payment by phone service, you agree that:
debt cancelation fees, if these apply; then
we may make an electronic funds transfer from the bank account
subtract any payments and/or credits.
you choose; or
we may process the payment the same way we would process a check.
We also make any needed adjustments. For example:
If a transaction posts after, but occurs before the start of a billing
You authorize the amount and timing of each payment. Please retain
cycle, we may adjust the amount above to include this transaction.
this authorization for your records.
It will be included as of the first day of the billing cycle in which it
If you have a returned payment:
posts.
the amount you paid will be added back to your Account and may
If your Account is subject to a grace period during the billing cycle,
be applied to a different category than originally posted. (e.g. cash
your payments will be subtracted from all Daily Balances in the
advance, purchases, etc.); and
current billing cycle.
Interest Charges may be restored back to the payment date at the
If a transaction for a returned payment or a dispute resolved in our favor
APR for that transaction.
posts after the beginning of the billing cycle, we will make this adjustment:
the applicable Daily Balance(s) and any related Interest Charge
INTEREST RATES
calculations will be adjusted to include the transaction amount as
of the date of the original payment or transaction.
ABOUT YOUR APRs
Your APRs are shown in Part 2.
To calculate your Average Daily Balance, we:
A Daily Periodic Rate is used to determine your Interest Charges in any billing
add the Daily Balances for each day of the billing cycle; then
cycle. To determine this rate, we divide your APR by 365; then round this
divide this total by the number of days in the billing cycle.
number up to the next hundred thousandth of a percentage point.
PAYING INTEREST
PROMOTIONAL OR INTRODUCTORY APR
Your Account has a grace period on purchases. Periodic Interest
We may offer you special Promotional or Introductory APRs from time
Charges begin accruing on purchases, balance transfers, cash
to time. If we do, we will tell you:
advances, and credit card checks on the date of the transaction and
the eligible transaction types;
continue to accrue until your balance is paid in full. However, no
how long this APR will last; and
Interest will be charged on new purchases for any billing cycle when:
any other special terms of the offer.
you paid your entire New Balance in the previous month on time; and
you pay your entire current month's balance on time as well.
HOW A VARIABLE RATE MAY CHANGE
Your variable APRs can change with each monthly billing cycle.
TREATMENT OF FEES AND INTEREST
Any fees or Interest will be added to your Purchase balance unless
We will apply each APR to the applicable balance for each type of
otherwise stated in this Agreement.
transaction. Each variable APR will be equal to:
a) the amount shown in Part 2 ("Spread"); plus
MINIMUM INTEREST CHARGE
b) the U.S. "Prime Rate" as defined below.
If you are charged Interest, the charge will be no less than the
Minimum Interest Charge listed in Part 2. The Minimum Interest
The Prime Rate will be as shown in the Money Rates table of The Wall
Charge will be allocated to each balance category subject to an Interest
Street Journal that is in effect on the last day of the month.
Charge.
Any changes in the Prime Rate will take effect on the first day of your
BALANCE TRANSFER FEE
billing cycle beginning in the next month.
This fee is shown in Part 2. This fee:
applies to balance transfers and credit card checks; and
An increase in the U.S. Prime Rate will increase your Daily Periodic
is charged as of the date the transfer or check posts to your Account; and
Rates. It may also increase your:
is added to the same balance as the balance transfer; and
Interest Due; and/or
is a Finance Charge.
Minimum Payment Due.
CASH ADVANCE FEE
ABOUT THE PENALTY APR
This fee is shown in Part 2. It applies to:
If you do not make your Minimum Payment Due by the Payment Due
cash you get over the counter (e.g., at a bank);
Date, we may increase your APRs to the Penalty APR.
cash you get at an ATM; and
If this occurs:
other "cash-like" transactions (such as money orders, traveler's
we will provide advance notice before the Penalty APR goes into effect;
checks, casino chips, or lottery tickets).
once the Penalty APR goes into effect, if you make your Minimum
This fee is:
Payment Due by the Payment Due Date for the next six consecutive
charged as of the date the transaction posts to your Account; and
billing cycles, your rates will return to the non-Penalty APRs that
added to the cash advance balance; and
apply to your Account; and
a Finance Charge.
if you do not make the next six consecutive minimum payments
by the Payment Due Date, we may keep the Penalty APR on your
FEES AND LIMITS
Account indefinitely.
The fees that apply to your Account are shown in the Purchase balance
unless otherwise stated in this Agreement.
INTEREST CHARGES
If charging any fee shown in Part 2 would exceed first-year fee limits
HOW INTEREST CHARGES ARE CALCULATED
set by law, we may charge an amount allowed by law. If we do this, it
To determine your periodic Interest Charges on each billing statement, we:
does not affect our ability to charge the full fee amount later.
ANNUAL OR PERIODIC MEMBERSHIP FEE
c) the Department of Motor Vehicles may release your home address
If your Account has an Annual or Periodic Membership Fee, this
to us if we ever need it to find you.
amount is shown in Part 2. You agree that this fee will be charged to
CLOSING YOUR ACCOUNT
your Account while your Account is:
You can close your Account at any time by:
open; or
closed with a balance.
calling the number on the back of your Card; or
mailing your request to the "Billing Inquiries" address on your billing
If you have not used your Account and you close it within 90 days of
statement.
when it was opened, the Annual or Periodic Membership Fee(s) will be
refunded (if paid) or reversed.
Once you close the Account:
you must destroy your Card(s) and any unused credit card checks;
This Fee compensates Capital One in part, for Cardmember services
and
provided or made available to you throughout the membership year.
you will still be responsible for all amounts owed according to the
terms of this Agreement.
LATE PAYMENT FEE
This fee is shown in Part 2. It is charged in any billing cycle that you do
LOST OR STOLEN CARD/CHECKS
not pay at least the Minimum Payment Due by the Payment Due Date.
You agree to notify us immediately if:
your Card or credit card checks are lost or stolen; or
OVER THE CREDIT LIMIT FEE
your Account is used without your permission.
This fee is shown in Part 2 and will be charged if:
your Account balance exceeds your credit limit at any time during a
You may call at any time. The phone number is listed on your billing
billing cycle.
statement.
RETURNED PAYMENT FEE
ACCOUNT DEFAULT
This fee is shown in Part 2. It is charged each time a check or other
We may consider your Account to be in Default if you:
form of payment to us is returned or not honored.
a) fail to make the Minimum Payment Due when due;
b) exceed your credit limit;
PAYMENT BY PHONE FEE
c) become the subject of bankruptcy proceedings, foreclosure,
This fee:
repossession, lien or judgment, garnishment, or attachment;
may be charged each time anyone makes a payment to your
d) give us misleading, false, or incomplete information;
Account with the assistance of a live phone representative; and
e) fail to give us a current physical address when you apply and
amount is disclosed at the time a payment by phone is requested.
whenever you move;
COPY REQUEST FEE
f) make payments to us that are returned unpaid by your bank or other
financial institution;
A fee may be charged each time a copy of a document is requested.
g) write any credit card checks that are returned unpaid by us;
The fee amount will be disclosed at the time of your request.
h) default under any other agreement or security agreement you have
with us or with one of our affiliates; and/or
STOP PAYMENT FEE
i) become incompetent or deceased.
A fee may be charged when you request a stop payment on a credit
card check you have written.
Upon default, we have the right to:
close your Account;
Please note, if the check has already been paid, a stop payment cannot
suspend your credit privileges;
be requested.
require you to pay your entire Account balance including any
To request a stop payment you must notify us in writing. Please use the
Introductory or Promotional APR balances, all accrued but unpaid
"Billing Inquiries" address on your billing statement.
Interest Charges, and other charges provided for in this Agreement
immediately;
If you notify us by phone, you must also notify us in writing within 14
change the terms of your Account; and
days of your call.
sue you for what you owe.
Your written, signed request must include these items:
If we incur costs to collect your balance owed, including any attorney
check number;
fees, we may charge you for these costs as permitted by applicable
payee name;
law, and we will apply your payments first to these costs.
check date; and
check amount.
CREDIT REPORTING
You agree that we may obtain and use credit information about you
Your stop payment order will end after six months unless you renew it
from others such as:
in writing.
- merchants or stores;
HOW WE APPLY PAYMENTS
other lenders; and
We apply your payment up to and including the Minimum Payment Due
- consumer reporting agencies.
as we determine, and usually to lower APR balances before higher ones.
We may provide information about you and the Account to consumer
Any payment amount greater than the Minimum Payment Due is
(credit) reporting agencies and others as provided in our Privacy
applied to higher APR balances before lower ones.
Notices. Information we provide might appear on your and the
authorized users' credit reports.
GETTING ADDITIONAL CARDS
If you fail to meet the terms of this Agreement, we may send a
You may:
request additional cards for others; and/or
negative report to consumer reporting agencies.
permit others to use your Card or Account Number.
If you believe we have reported inaccurate information about your
You are responsible for all charges made on additional Account cards
Account to any consumer reporting agency, you should:
or by permitted users.
- notify us and ask us to correct the inaccurate information by writing
to us at Capital One, P.O. Box 5253, Carol Stream, IL 60197-5253.
To revoke another person's permission to use your Account, you must:
notify us; and
When you write to us, tell us:
retrieve and destroy any cards, checks or other Account access
- your Account number; and
devices from that person.
the specific information you believe is not correct; and
why you believe it is not correct.
UPDATING YOUR RECORDS
ACCOUNT CLOSURE
You agree:
a) to give us prompt advance notice of any change in your name,
At any time, for any reason, we may take any of these actions subject
mailing address, phone number, or employer;
to applicable law:
b) to promptly give us accurate financial information about you if we
a) close your Account;
ask for it; and
b) suspend your access to new credit;
c) reduce your credit limit; and/or
What To Do If You Find A Mistake On Your Statement
d) not renew your Card.
If you think there is an error on your statement, write to us at:
If we close your Account, you agree to destroy your Card(s) and any
unused credit card checks.
Capital One
PO Box 5253
If your Account is closed for any reason, the terms of this Agreement
Carol Stream, IL 60197-5253
still apply to Account balances until your Account is paid in full.
In your letter, give us the following information:
COMMUNICATIONS
Account information: Your name and account number.
We may contact you from time to time regarding your Account. We
Dollar amount: The dollar amount of the suspected error.
may contact you in any manner we choose unless the law says that we
Description of problem: If you think there is an error on your bill,
cannot. For example, we may:
describe what you believe is wrong and why you believe it is a mistake.
1) contact you by mail, telephone, email, fax, recorded message, text
message or personal visit;
You must contact us:
2) contact you using an automated dialing or similar device ("Autodialer");
Within 60 days after the error appeared on your statement.
3) contact you at your home and at your place of employment;
At least 3 business days before an automated payment is scheduled,
4) contact you on your mobile telephone;
if you want to stop payment on the amount you think is wrong.
5) contact you at any time, including weekends and holidays;
You must notify us of any potential errors in writing. You may call us,
6) contact you with any frequency;
but if you do we are not required to investigate any potential errors
7) leave prerecorded and other messages on your answering machine/
and you may have to pay the amount in question.
service and with others; and
8) identify ourselves, your relationship with us and our purpose for
What Will Happen After We Receive Your Letter
contacting you even if others might hear or read it.
When we receive your letter, we must do two things:
Our contacts with you about your Account are not unsolicited and
1. Within 30 days of receiving your letter, we must tell you that we
might result from information we obtain from you or others. We
received your letter.
may monitor or record any conversation or other communication
We will also tell you if we have already corrected the error.
with you. Unless the law says we cannot, we may modify or suppress
caller ID and similar services and identify ourselves on these services in
2. Within 90 days of receiving your letter, we must either correct the
any manner we choose. When you give us or we obtain your mobile
error or explain to you why we believe the bill is correct.
telephone number, we may contact you at this number using an
While we investigate whether or not there has been an error:
Autodialer and can also leave prerecorded and other messages. We
We cannot try to collect the amount in question, or report you as
may do these things whether we contact you or you contact us.
delinquent on that amount.
If you ask us to discuss your Account with someone else, you must
The charge in question may remain on your statement, and we may
provide us with documents that we ask for and that are acceptable to us.
continue to charge you interest on that amount.
While you do not have to pay the amount in question, you are
CHANGE OF TERMS
responsible for the remainder of your balance.
We may change this Agreement as allowed by applicable law. This
We can apply any unpaid amount against your credit limit.
may include changing, adding, or removing terms. We may do this in
response to legal, business, competitive environment or other reasons
After we finish our investigation, one of two things will happen:
not listed here.
If we made a mistake: You will not have to pay the amount in
question or any interest or other fees related to that amount.
We may increase the Interest rate on existing balances in limited
If we do not believe there was a mistake: You will have to pay the
circumstances. Changes to some terms may require at least 45 days
amount in question, along with applicable interest and fees. We will
advance notice, and we will tell you in the notice if you have the right
send you a statement of the amount you owe and the date payment
to reject a change. We cannot change certain terms during the first
is due. We may then report you as delinquent if you do not pay the
year of your Account.
amount we think you owe.
ACCOUNT ASSIGNMENT
If you receive our explanation but still believe your bill is wrong, you
We may sell, assign or transfer all or any part of your Agreement and
must write to us within 10 days telling us that you still refuse to pay. If
Account without notice to you. You may not sell, assign or transfer
you do so, we cannot report you as delinquent without also reporting
your Account.
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
WAIVERS
organizations know when the matter has been settled between us.
If we delay or take no action allowed under this Agreement, for any
reason, we will not lose or limit any of our rights under this Agreement
If we do not follow all of the rules above, you do not have to pay the
on any other occasion.
first $50 of the amount you question even if your bill is correct.
SEVERABILITY
Your Rights If You Are Dissatisfied With Your Credit Card Purchases
If a term is found to be invalid under any applicable law, rule or
regulation, then all other terms of this Agreement will remain valid.
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
APPLICABLE LAWS
correct the problem with the merchant, you may have the right not to
This Agreement is governed by Commonwealth of Virginia law and
pay the remaining amount due on the purchase.
federal law.
To use this right, all of the following must be true:
We make our credit decisions and extend credit to you under this
1. You must have used your credit card for the purchase. Purchases
Agreement from the Commonwealth of Virginia. This Agreement is:
made with cash advances from an ATM or with a check that
entered into in the Commonwealth of Virginia; and
accesses your credit card account do not qualify.
maintained in the Commonwealth of Virginia.
2. You must not yet have fully paid for the purchase. If all of the
criteria above are met and you are still dissatisfied with the
This is true whether or not you use your Card in the Commonwealth of
purchase, contact us in writing at:
Virginia.
Capital One
YOUR BILLING RIGHTS: KEEP THIS DOCUMENT FOR FUTURE USE
PO Box 5253
This notice tells you about your rights and our responsibilities under
Carol Stream, IL 60197-5253
the Fair Credit Billing Act.
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.
Missouri Residents: Oral agreements or commitments to loan
money, extend credit or to forbear from enforcing repayment
of a debt including promises to extend or renew such debt
are not enforceable. To protect you (borrower(s)) and us
(creditor) from misunderstanding or disappointment, any
agreements we reach covering such matters are contained in
this writing, which is the complete and exclusive statement of
the agreement between us, except as we may later agree in
writing to modify it.
AG3151B (10/12) M-106760