W006
CONSUMER PLATINUM
Cardholder
Agreement
and Privacy Policy
MasterCard
2. YOUR ACCOUNT AND AGREEMENT. This Cardholder Agreement
Cardholder Agreement
("Agreement"), the "Summary of Credit Terms" provided ("Credit Terms"), and the ap-
plication you signed or otherwise submitted (collectively, the "Cardholder Documents")
govern the use of your credit card ("Card") account (your "Account"). In this Agreement
Effective 6/1/2011 NY RESIDENTS: RETAIL INSTALMENT
and in your monthly Periodic Statement, the words "you" and "your" refer to all persons
CREDIT AGREEMENT
who applied and were approved for the Account. The words "we," "us," and "our" refer to
First Arkansas Bank & Trust or its assigns. Your Credit Terms and application are part of
TABLE OF CONTENTS:
and incorporated into this Agreement. Your signature (including any electronic or digital
signature) on your Card, on any application, on any accepted sales slip, or on any other
document you sign in connection with the use of your Card or your Account is part of
1. Summary of Credit Terms
see separate insert
and incorporated into this Agreement. Please read and keep the Cardholder Documents
"Credit Terms and Fees"
for your records. Subject to applicable law, this Agreement may be changed at any time
2. Your Account and Agreement
2
beginning twelve (12) months after Account opening in accordance with the "CHANGING
3. Addresses
2
TERMS" Section of this Agreement. This Agreement also includes an Agreement to
4. Using Your Account
2
Arbitrate with a right to reject arbitration. See "ARBITRATION AGREEMENT" below. The
5. Your Obligation to Pay
2
effective date of this Agreement ("Effective Date") will be the earlier of (i) the date that
6. Your Credit Limit
2
we approve your application or (ii) the first date that we extend credit for a transaction by
7. Your Account Statement
3
which you or someone authorized by you uses the account (in NY, the first date that we
8. Interest
3
extend credit for a transaction by which you or someone authorized by you signs a sales
9. Periodic Rate of Interest
3
slip or memorandum).
10. Balance Subject to Interest Rate
4
11. Fees
5
3. ADDRESSES. Your full name, address, and signature are considered part of
12. Waiver of Security Interest
6
this Agreement. For purposes of this Agreement, you agree and represent that you live
13. Collection Costs
6
at the address shown on your application or from time to time designated by you for the
14. Your Payments
6
receipt of billing statements. You agree promptly to notify us of any change in your ad-
15. Cash Advance
7
dress or any other contact information you provided us on your application or otherwise.
16. Foreign Currency Transactions
7
Our address is Card Assets LLC, P.O. Box 723847 Atlanta, GA 31139-0847.
17. Authorization of Transactions
7
8
4. USING YOUR ACCOUNT. When we approve your application and accept
18. Liability for Unauthorized Use
your request to open an Account, we will send you one or more Cards which you can use
19. Assignment
8
to access your Account. You can also access your Account by using checks ("Convenience
20. Closing Your Account
8
Checks") that we may send you in response to your request. If your Account is a joint
21. Other Services
8
Account, each of you may use the credit we provide to you under your Account. Please
22. Special Programs
9
sign the back of the Card immediately upon receipt. You may not use your Card for any
23. Credit Reports and Account Information
9
transaction considered illegal under applicable law.
24. Notice of Inaccurate Information
9
25. Sharing Information
9
5.
YOUR OBLIGATION TO PAY. You agree to be bound by this Agreement.
26. Telephone Monitoring and Recording
9
You promise to pay all amounts owed to us under the terms of this Agreement as
27. Communicating with You
9
amended from time to time. If your Account is a joint Account, all of you are bound by
28. Governing Law
10
this Agreement and each of you jointly and individually promises to pay all amounts owed
29. Changing Terms
10
to us because of Balance Transfers, Purchases or Cash Advances made by a joint Account
30. Your Billing Rights
10
holder. If you or your joint Account holder permits another person to use your Account,
31. No Waiver by Us
11
you promise to pay amounts owed to us because of Balance Transfers, Purchases or Cash
32. Severability
11
Advances made by that person. You must pay for Balance Transfers, Purchases or Cash
33. Entire Agreement
11
Advances made by that person whether or not that person exceeded your permission and
34. Arbitration Agreement
11
whether or not you told us that the person was using your Account. If you request that a
35. State Law Notices
14
second card be issued to an authorized user, the authorized user will not be considered
36. Privacy Policy
15
a joint obligor and your Account will not be considered a joint Account. If you allow such
a second (authorized user) cardholder to use your Account, you will be liable for all their
transactions on the Account.
6. YOUR CREDIT LIMIT.
We will grant you credit, up to a maximum amount
(your "Credit Limit"), for Balance Transfer, Purchases or Cash Advances obtained by using
your Card. We will charge the Balance Transfer, Purchase or Cash Advances to your Ac-
count. You may not use your Account for a Balance Transfer, Purchase or Cash Advance if
your total unpaid balance of Balance Transfers, Purchases, Cash Advances, Interest, and
Fees (listed herein) will exceed your Credit Limit. We may demand immediate payment of
any amount in excess of your Credit Limit. We print your Credit Limit on the card carrier
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we send with your card and on your Periodic Statement. Unless we inform you otherwise,
the on the 14th day (or the next business day if the 14th is not a business day) of the
your Cash Advance credit limit will be up to 25% of your total Credit Limit.
calendar month preceding the first day of the billing period. If the Prime Rate is no longer
published, the Bank may choose a similar, alternative published rate. The Bank will
7.
YOUR
ACCOUNT STATEMENT. We will send you a Periodic Statement
notify you of such a choice. Different Margins may apply to Balance Transfers, Purchases,
for each monthly billing cycle (i) in which the balance of your Account (including unpaid
Cash Advances and to the Penalty Rate. As a result, the Balance Transfer Rate, Purchase
Balance Transfers, Purchases, Cash Advances, Interest, and Fees) on the last day of that
Rate, Cash Advance Rate and Penalty Rate may differ. The Credit Terms also sets forth
cycle (the "New Balance") is more than $1 (debit or credit), (ii) in which we impose Inter-
the initial Balance Transfer Rate, the initial Purchase Rate and the initial Cash Advance
est, (iii) in which we impose a Fee, (iv) in which there is any other activity on your Account,
Rate that would apply in the absence of an Introductory Rate. The Margin for Balance
or (v) as otherwise required by applicable law. The Periodic Statement shows: (i) the unpaid
Transfers, the Margin for Purchases, the Margin for Cash Advances and the Margin for the
balance of your Account at the beginning of the cycle; (ii) your payments or other credits
Penalty Rate are shown on a separate table accompanying the Credit Terms provided. You
to your Account during the cycle; (iii) your Balance Transfers, Purchases, Cash Advances,
agree that, upon notice to you in accordance with paragraph 29 herein, we may increase
Interest, Fees, and all other debits to your Account during the cycle; (iv) the New Balance;
the Margin for Balance Transfers, Margin for Purchases, Margin for Cash Advances and
(v) the minimum payment you must make (the "Minimum Payment Due") and the date that
the Margin for the Penalty Rate. An increase in the Balance Transfer Rate, Purchase Rate,
it
is due (the "Payment Due Date") and (vi) your Credit Limit. We will send the Periodic
Cash Advance Rate and Penalty Rate may occur if (i) the Prime Rate increases or (ii) if
Statement to the address specified on the application or designated from time to time by
we increase the applicable Margin, but no APR will exceed the maximum rate permitted
any one of you. Each of you appoints the other as his or her agent to designate the address
by applicable law. If the Prime Rate changes during a calendar month, the Balance
to which the Periodic Statements and any other notices may be sent by us.
Transfer Rate, the Purchase Rate, the Cash Advance Rate and the Penalty Rate will
change on the first day of the billing cycle beginning in the next calendar month. The new
8. INTEREST. Interest will be assessed on your Account for each type of balance
Balance Transfer Rate (and corresponding APR) will apply to new Balance Transfers and
on your Account. The types of balances you may have include Balance Transfers, Purchases
to the existing Balance Transfer balance on your Account. The new Purchase Rate (and
and Cash Advances. We may from time to time offer special terms which may result in
corresponding APR) will apply to new Purchases and to the existing Purchase balance
additional types of balances. Finance Charges for each type of balance will be calculated
on your Account. The new Cash Advance Rate (and corresponding APR) will apply to new
by multiplying the appropriate Daily Periodic Rate of Interest for the type of balance (see
Cash Advances and to the existing Cash Advance balance on your Account. If your rates
paragraphs 9.B and 9.0 herein) by the appropriate Average Daily Balance for the type of
increase, the amount of Interest and the Minimum Payment Due may increase.
balance (see paragraph 10 herein) and adding any appropriate Cash Advance fee or Balance
C. PENALTY RATE. Your account meets the Penalty APR criteria as specified
Transfer fee (see paragraphs 10.A and 10.C herein).
in the Credit Terms provided at the end of a billing cycle, the Penalty Rate may apply to
the existing balance on your Account and to all new Balance Transfers, Purchases and
9. PERIODIC RATE OF INTEREST. We calculate a Daily Balance for
your
Cash Advances, as permitted by law. Any Penalty Rate will apply in lieu of the Purchase
Account. We may maintain separate balances for your Purchases and special promotional
Rate, Balance Transfer Rate or the Cash Advance Rate described in paragraphs 10.A and
Purchase balances (each, a "Balance Type") and calculate a Daily Balance for each. To
10.C herein. The Penalty Rate as set forth on the accompanying Credit Terms may vary
determine the Daily Balance for a Balance type, each day we take the beginning balance
based on the Index Rate plus a stated percentage rate ("Penalty Margin"). If your Account
for the Balance Type, add any new charges included in that Balance Type, and subtract any
includes a Penalty Rate, the Penalty Rate is shown on the Credit Terms provided or other
payments and credits applied to that Balance Type. We then multiply the resulting balance
communication we send to you.
by the applicable Daily Periodic Rate. The resulting daily Interest Charge is included in the
beginning balance of that Balance Type for the next day. Purchases are included in the
D. MINIMUM INTEREST CHARGE. A minimum Interest charge as
Daily Balance as of the later of the transaction date or the first day of the billing period in
set forth in the Credit Terms will be assessed in any billing cycle in which the "Balance
which the Purchase is posted to the Account. We figure the Interest Charge on your account
Subject to Interest Rate" is greater than zero unless your Account is also subject to a
for each Balance Type by multiplying your Daily Balance of each Balance Type by the ap-
Late Payment Fee, as described in paragraph 10.B herein, in the same period.
plicable Daily Periodic rate for each day in the billing cycle. At the end of the billing period,
we will add up the daily Interest Charges on all Balance Types for each day in the billing
10. BALANCE SUBJECT TO INTEREST RATE. We will compute
period to get the total Interest charge for the billing period. Introductory rates, if any and
Interest on your Account by (i) multiplying each of the Average Daily Balances for Balance
their duration are also set forth in the provided Credit Terms. Penalty rates, if any, are also
Transfers, Purchases and Cash Advances (as defined herein) (including current transac-
set forth on the Credit Terms
tions) by the appropriate Monthly Periodic Rate and (ii) adding the products together.
A.
INTRODUCTORY RATE. If there is an introductory rate set forth on the
A. BALANCE TRANSFERS. We will figure the Interest charge on Balance
Credit Terms provided, then for the number of billing cycles set forth in the Credit Terms
Transfers by applying the Balance Transfer Rate to the "Average Daily Balance for Balance
from the date your Account is opened ("Introductory Period"), the APR for Balance Transfers
Transfers" of your Account. To get the Average Daily Balance for Balance Transfers, we
("Balance Transfer Rate" the APR for Purchases ("Purchase Rate") and the APR for Cash
take the beginning balance of your Account for Balance Transfers each day, add any new
Advances ("Cash Advance Rate") will be fixed at the rate set forth in the Credit Terms
Balance Transfers, and subtract any payments or credits, unpaid Finance Changes on
("Introductory Rate"). Upon expiration of any Introductory Period, your rate will increase to
Balance Transfers or Other Charges. This gives us the daily balance for Balance Transfers.
the Balance Transfer Rate, Purchase Rate Cash Advance Rate, or, if triggered, the Penalty
Then we add up all the daily balances for Balance Transfers for the billing period and
Rate as set forth in the Credit Terms provided and described herein.
divide the total by the number of days in the billing cycle. This gives us the Average Daily
Balance for Balance Transfers. Interest may begin to accrue on the date the Balance
B.
VARIABLE RATE. If your Account is a variable rate account as indicated on
Transfer is obtained.
the Credit Terms provided, then the Balance Transfer Rate, Purchase Rate, Cash Advance
Rate and Penalty Rate on your Account may vary from month to month. The Balance
B. PURCHASES. We will figure the Interest charge on Purchases by applying
Transfer Rate, Purchase Rate, Cash Advance Rate and Penalty Rate will vary based on the
the Purchase Rate to the "Average Daily Balance for Purchases" of your Account. To get
Prime Rate (as defined herein) plus a stated percentage rate ("Margin") The "Prime Rate"
the Average Daily Balance for Purchases, we take the beginning balance of your Account
is the highest U.S. rate listed in the "Money Rates" section of The Wall Street Journal on
for Purchases each day, add any new Purchases, and subtract any payments or credits,
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CARDHOLDER AGREEMENT
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unpaid Interest on Purchases or Other Charges. This gives us the daily balance for Pur-
E. COPY FEE. As permitted by law, we may charge a copy fee for each item
chases. Then we add up all the daily balances for Purchases for the billing cycle and divide
that you request (for example, an additional copy of a single statement, check, sales
the total by the number of days in the billing cycle. This gives us the Average Daily Balance
draft, etc.) in the amount set forth on the Credit Terms provided. We will not charge this
for Purchases. You may have a grace period to repay your balance for Purchases before
fee (or we will reverse it) if your request relates to a billing dispute (provided that you
Interest will be imposed (see "Paying Interest" section of your Credit Terms). However,
have followed the procedures for billing disputes described in this Agreement and on the
you will only be entitled to the Grace Period if your previous balance is (i) zero, (ii) a credit
reverse of each Periodic Statement).
balance, or (iii) paid in full by the payment due date shown on your Periodic Statement for
F. EXPEDITED PAYMENT SERVICE FEE. We may offer various ser-
the previous billing cycle. Otherwise, Interest will accrue on Purchases beginning on the
vices from time to time that allow you to make expedited payments on your Account over
date of Purchase.
the telephone or through the Internet, for which we may charge a fee. The actual amount
C. CASH ADVANCES. We will figure the Interest on Cash Advances by apply-
of the fee, if any, applicable to a telephone or online payment you choose to make will be
ing the Cash Advance Rate to the "Average Daily Balance for Cash Advances" of your Ac-
disclosed to you before you authorize the payment(s) to be made.
count. To get the Average Daily Balance for Cash Advances, we take the beginning balance
G. FOREIGN CURRENCY TRANSACTION FEE. You may make a
of your Account for Cash Advances each day, add any new Cash Advances, and subtract any
Purchase or obtain a Cash Advance in (i) a foreign country in U.S. dollars or (ii) involving
payments or credits, unpaid Interest on Cash Advances or Other Charges. This gives us the
a foreign currency other than U.S. dollars. If you do, we will assess a Foreign Currency
daily balance for Cash Advances. Then we add up all the daily balances for Cash Advances
Transaction Fee equal to 3% of the transaction amount.
for the billing period and divide the total by the number of days in the billing cycle. This
gives us the Average Daily Balance for Cash Advances. There is no grace period within
12. WAIVER OF SECURITY INTEREST. We will neither take non
retain
which you can pay back a Cash Advance and avoid Interest. For Cash Advances obtained by
a purchase money security interest in any merchandise purchased on your Account. We
means of a Convenience Check, Interest may begin to accrue on the date the Convenience
agree that no security interest is or will be retained or acquired under this Agreement in
Check is presented to us or our agent for payment. For all other Cash Advances, Interest
any real property which is used or is expected to be used as your principal dwelling. Fur-
may begin to accrue on the date the Cash Advance is obtained.
ther, we hereby waive any and all such security interests that might arise in connection
with this Agreement (including mechanics liens, material men's liens and other similar
11. FEES
liens that may arise by operation of the law). This waiver does not apply to a lien created
A. MEMBERSHIP or ANNUAL FEES. The amount of the annual mem-
by a court judgment.
bership fee or annual fee, if any, is set forth in the Credit Terms and Fee Schedule provided.
You agree to pay any such fee upon the issuance of a Card and annually thereafter. We
13. COLLECTION COSTS. If after your default we refer your Account to an
will impose the annual membership fee or annual fee on your first Periodic Statement and
attorney for collection, we may charge you our collection costs, including court costs and
thereafter on the anniversary date of your Account until your Account is terminated or
reasonable attorneys fees, when and as permitted by applicable law.
cancelled, whether or not you incur any Interest on the Account. The annual membership
fee or annual fee is not refundable, except as otherwise required by applicable law.
14. YOUR PAYMENTS. Each cycle you must pay the Minimum Payment Due
B. OTHER ADDITIONAL FEES. You agree that we may impose the
shown on your Periodic Statement by the Payment Due Date. If you wish, you may pay
following additional fees: (i) if we do not receive an amount equal to or greater than your
more than the Minimum Payment Due and we will use the excess to reduce your Account
balance.
Minimum Payment Due by the Payment Due Date shown on your Periodic Statement, a late
payment fee in the amount set forth on the Credit Terms provided; (ii) if a check or other
If in a cycle you send us more than the Minimum Payment Due, in the next cycle you
payment instrument you send to us is returned unpaid by your bank or there is insufficient
must still pay at least the Minimum Payment Due. Your Minimum Payment Due is the
credit available on your Account to cover a check issued by you on your Account, a returned
greater of: (1) all accrued and unpaid interest charges, plus all accrued and unpaid fees,
payment check or returned check fee, respectively, in the amount set forth on the Credit
plus all past due amounts, plus any amount by which your account balance exceeds a
Terms provided; (iii) if your Account balance ever exceeds your Credit Limit during a billing
credit limit, plus one percent (1%) of the remaining new balance of your account; or (2)
$25.00 (or the entire new balance, if less than $25.00), or (3) 4% of the balance (rounded
cycle, an over limit fee in the amount set forth on the Credit Terms provided (if you have
consented to us allowing you to exceed your credit limit); (iv) a replacement card fee in
to the next highest whole dollar amount). Unless we receive your Minimum Payment Due
the amount set forth on the Credit Terms provided; (v) an annual second card fee for an
by the Payment Due Date shown on your Periodic Statement, we may charge your Account
authorized user on your Account in the amount set forth on the Credit Terms provided;
a late payment fee as specified in paragraph 10.B herein.
(vi) a stop payment fee for each stop payment order or renewal of such an order that you
You must make your payment by check, money order, or similar instrument payable
request in the amount set forth on the Credit Terms provided; and (vii) if you request that
in U.S. funds and drawn on a financial institution located in the United States. Mail your
we send a card to you through an express delivery service, an express delivery fee up to
payment to the address shown on your Periodic Statement. Your payment will be credited
the amount set forth on the Credit Terms provided (the actual amount of such fee, if any,
as of the date of receipt by us only if received by the time specified from time to time on
to be disclosed at the time you request service). We may make offers to you from time
your Periodic Statement. Any payments received after this time will be deemed received
to time that may involve a fee. If we do SO and you accept our offer, you agree to pay the
by us on the next business day. Payments made at any location other than the address
accompanying fee.
shown on your Periodic Statement could be subject to a delay in crediting. With your
payment, include your payment coupon, which is a portion of your Periodic Statement. If
C. CASH ADVANCE FEE. If you obtain a Cash Advance, we may impose an
you do not include your payment coupon, credit to your Account may be delayed. Delayed
additional Cash Advance fee in the amount set forth in the Credit Terms and Fee Schedule
crediting may cause you to incur a Late Fee or additional Interest. Do not send us cash.
provided.
You may not use a Convenience Check to pay us. Payments will be applied first to the
D.
BALANCE TRANSFER FEE. If you obtain a Balance Transfer, we may
balance type with the highest APR, until that balance type has been paid, and then to
impose an additional Balance Transfer fee in the amount set forth in the Credit Terms and
the balance type with the next highest APR until that balance type has been paid, and SO
Fee Schedule provided.
on until all balance types have been paid. Examples of "balance types include Balance
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CARDHOLDER AGREEMENT
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Transfer, Purchase and Cash Advance balances. If you send us a payment in an amount
authorization for a particular transaction is not given. If you exceed your Credit Limit, or if
that we consider large under the circumstances, we may temporarily limit your available
your Account is past due, authorization for transactions may be declined.
credit to make sure that we will receive the funds. If you have more than one account with
us or any of our affiliates and you send us a single payment intended to pay more than one
18. LIABILITY FOR UNAUTHORIZED USE. You may be liable for the
of your accounts, we may apply your payment to the accounts as we choose. If a payment
unauthorized use of your Card(s) or PIN(s). You agree promptly to notify us if your Card(s)
is credited to your Account but is later returned unpaid in a later billing cycle, we will
or PIN(s) is/are lost or stolen or of possible unauthorized use of your Card(s) or PIN(s) by
recalculate the payment for the billing cycle in which the payment was originally credited,
calling us at 1-800-854-7642. You will not be liable for unauthorized use that occurs af-
which may result in the assessment of additional Interest and fees.
ter you notify us of the loss, theft, or possible unauthorized use of your Card(s) or PIN(s)
Receipt of your check will constitute your authorization for us, at our option, to initiate
and in any case, your liability for unauthorized use will not exceed $50 (in NY, you will
an Automated Clearinghouse (ACH) debit entry to your checking account for the amount of
have no liability for unauthorized use of the Card(s) or PIN(s) prior to the Effective Date).
the check as an alternative to the paper-based check clearing system.
You agree that unauthorized use does not include use by a person to whom you have given
You agree not to send us payments marked "paid in full," "without recourse, or with
authority to use the Account or Card(s) or PIN(s) and that you will be liable for all use by
similar language. If you send such a payment, we may accept it without losing any of
such a person. To terminate that authority, you must call us at 1-800-854-7642.
our rights under this Agreement. All written communications concerning disputed
amounts, including any check or other payment instrument that indicates that the
19. ASSIGNMENT. Your Account, Card(s), this Agreement and your obligations
payment constitutes "payment in full" of the amount owed or that is tendered with
hereunder are not transferable or assignable by you. If we wish, we may transfer or assign
other conditions or limitations or as full satisfaction of a disputed amount, must be
this Agreement, your Account, or your Account balance to any other person, with or
mailed or delivered to Card Assets LLC, P.O. Box 723847 Atlanta, GA 31139-0847.
without advance notice to you.
No payment will operate as an accord and satisfaction without the prior written
consent of a senior bank officer or Bank representative or authorized agent.
20. CLOSING YOUR ACCOUNT.
You can close your Account to further
transactions at any time by calling us or writing us at the telephone number or address
15. CASH ADVANCES and CASH EQUIVALENT
shown on your Periodic Statement. Your Account will be closed to further transactions
TRANSACTIONS. You may obtain a Cash Advance by either presenting your Card
immediately after we receive your notice. We may not honor any Purchase, Balance
at a participating bank, or using your Card at a PLUS® or CIRRUS® terminal or other
Transfer, or Cash Advance that we receive after we receive your notice. If you close your
compatible automated teller machine ("ATM") terminal. Your daily Cash Advances may not
Account, you must immediately stop using your Account. YOU MUST PAY THE ENTIRE
exceed the least of the local ATM limit (if any), the withdrawal and dollar limits described
BALANCE AMOUNT YOU OWE US, INCLUDING AMOUNTS OWED BUT NOT YET
herein in this paragraph, or your Credit Limit. You may obtain a Cash Advance by using
BILLED TO YOU. Until you pay us in full, Interest will continue to accrue and we may
your Card at any PLUS® or CIRRUS® ATM or other compatible ATM, provided it is used
report the amount you owe us.
with your correct Personal Identification Number ("PIN") issued to you. You must comply
We have the right to suspend or close your Account at any time, without advance
with the terms and conditions of the ATM network that you use. We may terminate or block
notice or demand to you (unless otherwise required by applicable law), for any reason we
deem appropriate, including if you are in default under this Agreement.
your ability to obtain Cash Advances at ATMs if we reasonably believe that there is unusual
Unless otherwise prohibited by applicable law, we may at our option declare you to be
activity on the Account or if you are in default under this Agreement. Cash Equivalent
in default under this Agreement if:
Transactions include the purchase of travelers checks, money orders, wire transfers, lottery
(1) You fail to pay the Minimum Payment Due by the Payment Due Date shown on
tickets, race track wagers or similar betting transactions, foreign currency purchases and
your Periodic Statement;
making payments using a third party service.
(2) You die or become bankrupt, insolvent, or incompetent;
(3) There is an attachment, execution, levy, or garnishment against you, your wages,
16. FOREIGN CURRENCY TRANSACTIONS. You may make
a
or your property, or such proceedings are commenced against you;
Purchase or obtain a Cash Advance in (i) a foreign country in U.S. Dollars or (ii) a currency
(4) You provide information to us that is false, misleading, or incomplete;
other than U.S. dollars. If you do, the transaction will be converted into U.S. dollars, gener-
(5) You exceed your Credit Limit;
ally using either (1) a government mandated rate or (2) a wholesale market exchange rate
(6) You violate any provision of this Agreement;
in effect when the transaction is processed, ("Exchange Rate"). The conversion rate they
(7) You are in default under any other loan or security agreement you have with us;
use may differ from the published rate in effect on the day that you made the transaction or
(8) You change your address or residence to, or you live in, a jurisdiction in which we
it was posted to your Account. You agree to pay us the amount as converted to U.S. dollars.
do not, or no longer, offer Cards;
If you later receive a refund for a transaction, the amount of the refund will be converted at
(9) You change your residence or address to, or you live in, a location outside the
the Exchange Rate in effect when the refund is processed, which may be different from the
United States;
Exchange Rate for the original transaction.
(10) You fail to pay any amount due to another creditor; or
(11) We believe in good faith that you may not pay or perform your obligations under
17. AUTHORIZATION OF TRANSACTIONS. We are not responsible
(i)
this Agreement.
if a merchant or financial institution does not honor your Card or (ii) for goods or services
If we close your Account to further transactions, unless otherwise prohibited by law,
you purchase by using your Account, except to the extent required by applicable law. Al-
you must immediately pay the entire amount you owe us, including amounts owed but not
though you may have credit available, we may be unable to authorize credit for a particular
yet billed to you. Until you pay us in full, Interest will continue to accrue on the amount
transaction because of operational difficulties or mistakes. The number of transactions you
you owe us.
may make in one day may be limited since we may limit the number of authorizations which
may be given. We reserve the right to limit the amount and number of transactions we will
21. OTHER SERVICES. From time to time, third parties may offer you
authorize per day. From time to time, the number or amount of allowable authorizations per
additional services. These services may include credit card registration, emergency cash
day may vary. These restrictions are for security reasons. As a result, we cannot explain
service, address change service, and other related services. These services are the sole
the details of how this system works. Neither we non our agents will be responsible if
responsibility of the third parties; we are not liable for these services. You agree to hold us
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harmless to the fullest extent possible from any claims resulting from your purchase or use
28. GOVERNING LAW. This Agreement and your Account are governed
of these services, unless otherwise prohibited by applicable law. If you elect to purchase any
by the federal laws of the United States and, to the extent not preempted by
of these services, you authorize us to charge the premium or fee to your Account.
federal law the laws of the State of Arkansas (without regard to its internal
principles of conflict of laws), whether or not you live in Arkansas and whether
22. SPECIAL PROGRAMS.
From time to time we may offer Special Programs
or not you use your Card(s) in Arkansas. This Agreement is entered into between
for your Account. The standard provisions of this Agreement (including Interest and Fees)
you and us in Arkansas and we extend credit to you from Arkansas. All pay-
apply to any Special Program unless inconsistent with a particular Special Program
ments under this agreement are received by the remittance processing center
offering. If you use your Account in accordance with the terms of a Special Program, you
designated by us.
acknowledge and agree to the terms of the Special Program offering. No formal modifica-
tion or amendment of this Agreement will be necessary. The standard provisions of this
29.
CHANGING TERMS. We can change, add to, delete or otherwise modify
Agreement will continue to apply to any and all transactions that are not subject to a
the terms of this Agreement at any time, beginning twelve (12) months after Account
Special Program.
opening, in any way permitted by law. We will send you a notice of change at least 45
days (or as otherwise required by applicable law) before the effective date of the change.
23. CREDIT REPORTS AND ACCOUNT INFORMATION. You
give
We do not have to send you an advance notice of the change if it favors you, such as
us permission to request information from you and to make whatever inquiries we consider
by reducing Interest rates, or increasing the maximum credit limit. Except in cases
necessary and appropriate (including requesting a consumer report from consumer credit
where we are changing terms because we have not yet received your Minimum Payment
reporting agencies) in considering your Application and for any lawful purpose, including
Due within 60 days of the Payment Due Date, you agree that the change may cover all
any updates, renewals or extensions of credit or reviewing or collecting your Account. Upon
transactions made 15 days after we mail the notice. If you do not agree to the change, a
your request to us at Card Assets LLC, P.O. Box 723847 Atlanta, GA 31139-0847, we will
method for rejecting the change and closing the account will be provided in the Change of
inform you of the name and address of each consumer credit reporting agency from which
Terms Notice. You agree that if you use your card after the effective date of the change,
we obtained a consumer report, if any, relating to you. We may also obtain information
this will constitute your agreement to the change
about your credit worthiness and employment from others and may furnish informa-
tion concerning your Account as well as information concerning you to consumer credit
30. YOUR BILLING RIGHTS: KEEP THIS DOCUMENT FOR
reporting agencies and to other proper parties. We may report information about your
FUTURE USE
account to credit bureaus. Late payments, missed payments or other defaults on
This notice tells you about your rights and our responsibilities under the Fair
your account may be reflected in your credit report.
Credit Billing Act.
What To Do If You Find a Mistake on Your Statement
24. NOTICE OF INACCURATE INFORMATION. If you believe that
we
If you think there is an error on your statement, write to us at: Card Assets LLC, P.O. Box
have information about you that is inaccurate or that we have reported or may report to a
723847 Atlanta, GA 31139-0847. You may also contact us on the web at:
credit reporting agency information about you that is inaccurate, please notify us of the
www.24-7cardaccess.com.
specific information that you believe is inaccurate by writing to us at Card Assets LLC, P.O.
In your letter, give us the following information:
Box 723847 Atlanta, GA 31139-0847.
Account information: Your name and account number.
Dollar amount: The dollar amount of the suspected error.
25. SHARING INFORMATION WITH AFFILIATES AND OTHERS.
Description of problem: If you think there is an error on your bill, describe what you
As permitted by applicable law, we may share with third parties information about our expe-
believe is wrong and why you believe it is a mistake.
riences or transactions with you. We also may share additional information with companies
You must contact us:
related to us by common ownership or affiliated with us by corporate control ("affiliates").
Within 60 days after the error appeared on your statement.
All such sharing will be in accordance with our then current Privacy Notice.
At least 3 business days before an automated payment is scheduled, if you want to
stop payment on the amount you think is wrong.
26. TELEPHONE MONITORING AND RECORDING: From time
to
You must notify us of any potential errors in writing. You may call us, but if you do we are
time, we may monitor and/or record telephone calls regarding your Account with us to as-
not required to investigate any potential errors and you may have to pay the amount in
sure the quality of our service, and you agree to any such monitoring or recording. We treat
question.
all customer calls as confidential.
What Will Happen After We Receive Your Letter
27. COMMUNICATING WITH YOU, CONSENT TO CONTACT
When we receive your letter, we must do two things:
BY ELECTRONIC AND OTHER MEANS: You agree that we
may
contact
1. Within 30 days of receiving your letter, we must tell you that we received your
you as provided in this paragraph. We may contact you for any lawful reason, including
letter. We will also tell you if we have already corrected the error.
for the collection of amounts owed to us and for the offering of products or services in
2. Within 90 days of receiving your letter, we must either correct the error or explain
compliance with our Privacy Notice in effect from time to time. No such contact will be
to you why we believe the bill is correct.
deemed unsolicited. We may contact you at any address or telephone number (including
While we investigate whether or not there has been an error:
wireless cellular telephone or ported landline telephone number) that you may provide to
We cannot try to collect the amount in question, or report you as delinquent on
us from time to time. We may use any means of communication, including, but not limited
that amount.
to, postal mail, electronic mail, telephone or other technology, to reach you. You agree that
The charge in question may remain on your statement, and we may continue to
we may use automatic dialing and announcing devices which may play recorded messages.
charge you interest on that amount.
We may also send text messages to your telephone. You may contact us at any time to ask
While you do not have to pay the amount in question, you are responsible for the
that we not contact you using any one or more methods or technologies.
remainder of your balance.
We can apply any unpaid amount against your credit limit.
[9]
CARDHOLDER AGREEMENT
43896
[10]
After we finish our investigation, one of two things will happen:
that we have acquired; (2) any company to which we transfer our rights under this "Agree-
If we made a mistake: You will not have to pay the amount in question or any interest
ment; and (3) all of the employees or other individuals who manage these companies.
or other fees related to that amount.
Finally, if either you or we elect to arbitrate any Claim you bring against us, these terms
If we do not believe there was a mistake: You will have to pay the amount in ques-
include any other persons or companies whom you make Claims against in the same
tion, along with applicable interest and fees. We will send you a statement of the
proceeding.
amount you owe and the date payment is due. We may then report you as delinquent
"CLAIM" means any dispute between you and us that arises as a result of or has
if you do not pay the amount we think you owe.
anything at all to do with: (1) your Account; (2) the events leading up to your becoming
If you receive our explanation but still believe your bill is wrong, you must write to us
an accountholder; (3) this Agreement; (4) any prior credit account or agreement relating
within 10 days telling us that you still refuse to pay. If you do SO, we cannot report you as
to such account; or (5) your relationship with us. This includes disputes relating to any
delinquent without also reporting that you are questioning your bill. We must tell you the
products, insurance, or other services offered to you as an accountholder. This includes
name of anyone to whom we reported you as delinquent, and we must let those organiza-
disputes about whether this Provision is valid or binding or about whether or when it
tions know when the matter has been settled between us.
applies. It includes disputes relating to constitutional provisions; statutes; ordinances;
If we do not follow all of the rules above, you do not have to pay the first $50 of the amount
regulations; case law; compliance with the Agreement or any agreement related to any
you question even if your bill is correct.
prior credit account; and wrongful acts of every type (whether intentional; fraudulent;
Your Rights If You Are Dissatisfied With Your Credit Card Purchases
reckless; or just negligent). It includes requests for money, for orders requiring you or us
If you are dissatisfied with the goods or services that you have purchased with your credit
to take certain actions (which are sometimes referred to as "injunctive relief"), and for
card, and you have tried in good faith to correct the problem with the merchant, you may
any other kind of relief. This Provision applies to Claims that arise prior to, on, or after
the effective date of this Provision.
have the right not to pay the remaining amount due on the purchase.
"ADMINISTRATOR" means the American Arbitration Association or JAMS. These
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
companies administer arbitration proceedings. The arbitrator will be selected under the
your current mailing address, and the purchase price must have been more than
Administrator's Rules. You can select the Administrator if you give us written notice of
$50. (Note: Neither of these are necessary if your purchase was based on an
your selection with your notice that you are electing to arbitrate any Claim or within 20
advertisement we mailed to you, or if we own the company that sold you the goods
days after we give you notice that we are electing to arbitrate any Claim. If you do not
or services.)
select the Administrator on time, we will select one. If for any reason the Administrator
2. You must have used your credit card for the purchase. Purchases made with cash
you or we select is unable or unwilling to serve or continue to serve as Administrator, you
advances from an ATM or with a check that accesses your credit card account do not
will have 20 days to select a different Administrator.
qualify.
STARTING ARBITRATION You or we can give written notice of an intention to begin
3. You must not yet have fully paid for the purchase.
arbitration of a Claim or Claims or to require arbitration of the other party's Claim or
If all of the criteria above are met and you are still dissatisfied with the purchase, contact
Claims. This notice can be given by one party even if the other party has begun a lawsuit.
us in writing [or electronically] at: Card Assets LLC, P.O. Box 723847 Atlanta, GA 31139-
If such a notice is given, any Claim will be resolved by arbitration under this Provision
and the Administrator's Rules that are in effect at the time the Claim is filed with the
0847. You may also contact us on the web: www.24-7cardaccess.com.
While we investigate, the same rules apply to the disputed amount as discussed above.
Administrator. The arbitrator must be a lawyer with more than 10 years experience or a
After we finish our investigation, we will tell you our decision. At that point, if we think you
retired judge. A copy of the Claim form may be obtained from the Administrator or from
owe an amount and you do not pay, we may report you as delinquent.
us. A party who has asserted a Claim in a lawsuit may still elect arbitration with respect
to any Claim that is later asserted in the same lawsuit by any other party. All doubts
about whether to arbitrate a Claim shall be resolved in favor of arbitration. We will not
31.
NO WAIVER BY US. We may choose to delay enforcing or waive any of our
rights under this Agreement in certain situations. We can delay enforcing or waive any of
elect to arbitrate an individual Claim that you bring against us in "small claims" court.
our rights without affecting our other rights. If we waive a right, we do not thereby waive
However, we may elect to arbitrate a "small claims" court Claim that is later sent or
the same right in other situations.
appealed to any different court.
IMPORTANT LIMITATIONS IF YOU 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
32. SEVERABILITY. If any provision of this Agreement is finally determined to
CLAIM. ALSO, YOUR ABILITY TO OBTAIN INFORMATION FROM US AND TO APPEAL IS MORE
be unenforceable under any law, rule, or regulations, all other provisions of this Agreement
LIMITED IN ARBITRATION THAN IN A LAW-SUIT. OTHER RIGHTS THAT YOU WOULD HAVE IF
are still valid and enforceable.
YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION. THE FEES CHARGED
BY THE ADMINISTRATOR MAY BE HIGHER THAN THE FEES CHARGED BY A COURT. THE
33.
ENTIRE
AGREEMENT.
The Cardholder Documents constitute the entire
SAME LIMITATIONS ALSO APPLY TO US. IN ADDITION, IF YOU OR WE ELECT TO ARBITRATE A
Agreement between you and us relating to your Account and supersede any other prior
CLAIM: (1) NEITHER YOU NOR ANYONE ELSE ON YOUR BEHALF CAN PURSUE THAT CLAIM IN
or contemporaneous agreement between you and us relating to your Account. Except as
COURT IN A CLASS OR REPRESENTATIVE ACTION (SUCH AS A PRIVATE ATTORNEY GENERAL
otherwise expressly provided, if there is any conflict among these documents, the terms of
ACTION); (2) NEITHER YOU NOR ANYONE ELSE ON YOUR BEHALF CAN PURSUE THAT CLAIM
this Agreement control.
IN THE ARBITRATION ON A CLASS-WIDE OR REPRESENTATIVE (SUCH AS A PRIVATE ATTOR-
NEY GENERAL) BASIS; AND (3) CLAIMS BROUGHT BY OR AGAINST ONE ACCOUNTHOLDER
34. ARBITRATION AGREEMENT. (Agreement to Arbitrate). Arbitration is
(OR JOINT ACCOUNTHOLDERS) MAY NOT BE BROUGHT TOGETHER WITH CLAIMS BROUGHT
a method of deciding disputes outside the court system. This Arbitration Provision (the
BY OR AGAINST ANY OTHER ACCOUNTHOLDER.
"Provision") governs when and how any disputes you and we may have will be arbitrated
instead of decided in court.
ARBITRATION and COSTS Any arbitration hearing that you attend will take place
CERTAIN DEFINITIONS Certain words used in this Provision have special meanings:
in the federal judicial district where you live. If you cannot afford to pay the fees charged
"WE," "US, "and "OUR" means First Arkansas Bank & Trust ("Bank") and our
by the Administrator and the arbitrator or if you believe that such fees are too high, we
affiliates, successors and assigns and also include: (1) any prior issuer of a credit account
will consider any reasonable written request by you for us to pay the fees. We will pay any
fees or expenses we are required to pay by law. You will never be required to pay us any
[11]
CARDHOLDER AGREEMENT
43896
[12]
fees we have previously paid to the Administrator. Each party must bear the expense of that
35. STATE LAW NOTICES:
party's attorneys, experts, and witnesses, regardless of who wins the arbitration, except to
CALIFORNIA RESIDENTS: Interest is compounded on unpaid finance
the extent that applicable law or the Administrator's Rules provide otherwise.
charges on Purchases and on unpaid finance charges on Cash Advances.
GOVERNING LAW This Agreement involves interstate commerce and this Provision
is governed by the Federal Arbitration Act ("FAA"`), United States Code, Title 9, Sections 1
DELAWARE and MARYLAND RESIDENTS: Finance charges will be
and following. The arbitrator must follow: (1) the FAA; (2) the substantive law, consistent
imposed in amounts or at rates not in excess of those permitted by law on the outstand-
with the FAA, related to any Claim; (3) statutes of limitations; and (4) claims of privilege
ing balances from month to month.
recognized at law. Upon the timely request of either party, the arbitrator must provide a
MARYLAND RESIDENTS: You have the right under Section 12-510 of the
brief written explanation of the basis for the award. The arbitrator will determine the rules
Commercial Law Code to receive an answer to a written inquiry concerning the status of
of procedure and evidence to apply, consistent with the FAA, the Administrator's Rules, and
your account.
this Provision. The arbitrator shall not apply federal, state, or local rules of procedure and
evidence or state or local laws concerning arbitration proceedings.
NEW JERSEY RESIDENTS: Because certain provisions of this Agreement
OBTAINING INFORMATION After an arbitration proceeding has been started, in
are subject to applicable law, they may be void, unenforceable or inapplicable in some
addition to a party's right to obtain information from the other party under the Administra-
jurisdictions. None of these provisions, however, is void, unenforceable or inapplicable
tor's Rules, either party may request the arbitrator in writing to allow that party to obtain
in New Jersey.
more information from the other party. A copy of such request must be provided to the
NEW
YORK RESIDENTS: Call the New York State Banking Department at
other party. That party will then have the chance to object in writing within 30 days. The
(880) 518-8866 for a comparative list of credit card rates, fees and grace periods.
objection must be sent to the arbitrator and the other party. The arbitrator will decide the
OHIO RESIDENTS: The Ohio laws against discrimination require that all
issue, in his or her sole discretion, within 20 days after any objection to providing expanded
information is submitted.
creditors make credit equally available to all credit worthy customers, and that credit
EFFECT of ARBITRATION AWARD Any appropriate court may enter judgment upon
reporting agencies maintain separate histories on each individual upon request. The Ohio
civil rights commission administers compliance with this law.
the arbitrator's award. The arbitrator's decision will be final and binding, except for any
appeal right under the FAA and except for Claims involving more than $100,000. For these
WISCONSIN RESIDENTS: We will not charge you attorneys fees, court
large Claims, any party may appeal the award to a three-arbitrator panel appointed by the
costs, or other collection costs incurred as a result of your default.
Administrator. That panel will consider all over again any part of the initial award that any
MARRIED WISCONSIN RESIDENTS: No provisions of any marital
party asserts was incorrectly decided. The decision of the panel will be by majority vote
property agreement, unilateral statement under section 766.59 or court decree under sec-
and will be final and binding, except for any appeal right under the FAA. Unless applicable
tion 66.70 will adversely affect the interest of the creditor unless the creditor, prior to the
law provides otherwise, the fees charged by the Administrator and the arbitrators for such
time credit is granted, is furnished a copy of the agreement, statement, or decree or has
an appeal will be paid by the appealing party, regardless of who wins the appeal. However,
actual knowledge of the adverse position when the obligation to the creditor is incurred.
we will consider any reasonable written request by you for us to pay such fees. All other
We are required to ask you to provide the name and address of your spouse.
provisions of this Provision shall apply to any appeal to a three-arbitrator panel, and any
reference in this Provision to a single arbitrator shall apply to the three-arbitrator panel.
NOTICE TO THE BUYER
CONTINUING EFFECT of ARBITRATION AWARD This Provision will remain in force
1. DO NOT SIGN THIS CREDIT AGREEMENT BEFORE YOU READ IT OR IF IT CONTAINS
no matter what happens to you or your Account. For example, it will remain in force even
ANY BLANK SPACES.
if: (1) your credit privileges are ended or put on hold; (2) you close your Account; (3) you
2. YOU ARE ENTITLED TO A COMPLETELY FILLED IN COPY OF THIS CREDIT
repay your entire Account balance; (4) we begin a lawsuit to collect amounts we think you
AGREEMENT.
owe; or (5) you become bankrupt or insolvent or a bankruptcy or insolvency proceeding
3. YOU MAY AT ANY TIME PAY MORE THAN THE MINIMUM PAYMENT OR YOUR
is begun, to the extent consistent with applicable bankruptcy law. If any portion of this
ENTIRE BALANCE IN FULL WITHOUT INCURRING ANY ADDITIONAL CHARGE FOR
Provision cannot be enforced for any reason, the rest of this Provision will continue to
PREPAYMENT.
apply. In the event of any conflict or inconsistency between this Provision, on the one hand,
NEW YORK RESIDENTS: RETAIL INSTALMENT CREDIT AGREEMENT
and the Administrator's Rules or other provisions of this Agreement, on the other hand, this
Provision will govern.
CARDHOLDER: Your signature (including any electronic or digital signature) on
CONTACTING ARBITRATION ADMINISTRATORS If you have
a
question
about
the
any Application or on any sales slip or other evidence of indebtedness on your Account
arbitration companies who may serve as Administrator, would like to obtain a copy of their
represents your signature on this Agreement.
arbitration rules or fee schedules, or would like a Claim form, you can contact them as
follows: American Arbitration Association, 335 Madison Avenue, New York, NY 10017
www.adr.org. request the Arbitration Rules for the Resolution of Consumer-Related
Disputes (for Claims under $10,000) or Commercial Arbitration Rules (for all other Claims);
JAMS, 45 Broadway, 28th floor, New York, NY 10006, www.jamsadr.com request the
Financial Services Arbitration Rules and Procedures.
OPT OUT You may choose to opt out of and not be subject to this Arbitration Provision
but only by following the process set forth below. If you do not wish to be subject to this
Arbitration Provision, then you must notify us in writing within forty-five (45) calendar days
of the date of this Agreement at the following address, Card Assets LLC, P.O. Box 723847
Atlanta, GA 31139-0847. Your written notice must include your name, address, social
security number, and account number, and a statement that you wish to opt out of this
Arbitration Provision. Your notice to opt out will only apply to this particular Agreement
with us and not to subsequent or previous agreements.
[13]
CARDHOLDER AGREEMENT
43896
[14]
Privacy Policy
Definitions
Affiliates Companies related by common ownership or control. They can be financial and
nonfinancial companies. First Arkansas Mortgage and First Arkansas Bank & Trust.
FACTS: WHAT DOES CARD ASSETS LLC DO WITH YOUR
PERSONAL INFORMATION?
Non-affiliates Companies not related by common ownership or control. They can be
financial and nonfinancial companies.
Why? Financial companies choose how they share your personal information.
Non-affiliates we share with can include financial service companies (such as
Federal law gives consumers the right to limit some but not all sharing. Federal law also
insurers, banks, and securities broker dealers), non-financial companies (such as
requires us to tell you how we collect, share, and protect your personal information.
retailers, direct marketers, airlines, and publishers) and others (such as membership
Please read this notice carefully to understand what we do.
groups)
Joint marketing A formal agreement between nonaffiliated financial companies that
What? The types of personal information we collect and share depend on the product
together market financial products or services to you.
or service you have with us. This information can include:
Our joint marketing partners include financial companies (such as banks and
Social Security number and income
insurers), companies that are our partners for co-brand credit card programs or non-
Account balances and payment history
financial companies (such as direct marketers and mail houses) and others (such as
Credit history and credit scores
membership groups and those that offer reward programs)
How? All financial companies need to share customers' personal information to run
Other important information
their everyday business. In the section below, we list the reasons financial companies
You may have other privacy rights in some states, such as Vermont and California. To the
can share their customers personal information; the reasons Card Assets LLC chooses to
extent state laws apply, we will comply with them when we share information about you.
share; and whether you can limit this sharing.
For example, if your account has a Vermont address, we will not share credit report infor-
mation about you with our affiliates, unless you call us at 1-800-854-7642 and authorize
Who We Are
us to do SO. In addition, we will not share information about you with nonaffiliated third
Who is providing this notice? Card Assets LLC
parties except:
With companies that do marketing or other services for us;
What We Do
Contact information (such as name and address) and transaction information (such
as your payment history);
How does Card Assets LLC protect my personal information? To protect your per-
With your authorization; and
sonal information from unauthorized access and use, we use security measures that comply
As permitted or required by law.
with federal law. These measures include physical, electronic and procedural safeguards.
How does Card Assets LLC collect my personal information? We collect your personal
information, for example, when you
Reasons we can share your
Does Card
Can you limit
Apply for financing or pay your bills
personal information
Assets LLC
this sharing?
Give us your income or contact information
share?
Provide employment information
We also collect your personal information from others, such as credit bureaus, affiliates,
For our everyday business purposes -
Yes
No
or other companies.
such as to process your transactions, maintain
your account(s), respond to court orders and
Why can't I limit all sharing? Federal law gives you the right to limit only
legal investigations, or report to credit bureaus
Sharing for affiliates everyday business purposes - information about your
creditworthiness
For our marketing purposes - to offer our
Yes
No
Affiliates from using your information to market to you
products and services to you
Sharing for non-affiliates to market to you
State laws and individual companies may give you additional rights to limit sharing. See
For joint marketing with other financial
Yes
No
below for more on your rights under state law.
companies
What happens when I limit sharing for an account I hold jointly with someone
else? Your choices will apply to everyone on your account.
For our affiliates' everyday business pur-
Yes
No
poses - information about your transactions
and experiences
For our affiliates' everyday business
Yes
Yes
purposes - information about your credit-
worthiness
For our affiliates to market to you
Yes
Yes
For non-affiliates to market to you
Yes
Yes
[15]
CARDHOLDER AGREEMENT
721 101 43896
[16]
To limit our sharing, cut out and mail
the form on the right
Privacy
Mail to:
Card Assets LLC
Please note: If you are a new customer, we can begin sharing your information [30] days
Preferences
c/o Privacy
from the date we sent this notice. When you are no longer our customer, we continue to
Mail-in Form
P.O. Box 723847
share your information as described in this notice. However, you can contact us at any time
Atlanta, GA 31139-0847
to limit our sharing.
Questions? Call 1-800-854-7642
or go to www.24-7cardaccess.com
Mark any/all you want to limit:
Do not allow your affiliates to use my
personal information to market to me.
Do not share my personal information with
non-affiliates to market their products and
services to me.
Name:
Address:
City, State, Zip Code:
Account Number:
[17]
CARDHOLDER AGREEMENT
721-101 43896
[18]
CONTACT US:
Card Assets LLC
P.O. Box 723847
Atlanta, GA 31139-0847
1-800-854-7642
www.24-7cardaccess.com
W029
P
CONSUMER PLATINUM
Credit Terms
and Fees
Privacy Policy to be included as part of
the Cardholder Agreement.
Summary of Credit Terms
Effective
6/1/2011
Fees
Interest Rates and Interest Charges
Set-up and
Please read carefully and review the pricing & terms.
Maintenance Fees:
Annual Fee
None
Annual
Rewards Fee
None
Percentage
13.99%.
This APR will vary with the market
Rate (APR) for
based on the Prime Rate.
Purchases
Transaction Fees:
Balance Transfer
Either $10.00 or 4% of the amount of
Balance
2.99% introductory APR for 6 months After that,
each transfer. whichever is greater, but
Transfers APR
your APR will be 13.99%. This APR will vary with
no more than $45.00 per transfer
the market based on the Prime Rate.
Cash Advance
Either $10.00 or 5% of the amount
advanced whichever is greater.
Foreign Transaction
3.0% of the US dollar amount of the
Cash Advances
17.49% APR will varywith the market
transactions originating in a foreign
and Cash
based on the Prime Rate.
country.
Equivalent
Convenience Check
$10.00 per check (only for checks
Transaction APR
Fee
greater than $150)
Penalty APR and
21.99%. This APR will varywith the market
Penalty Fees:
When it Applies
based on the Prime Rate.
Late Payment
Up to $35.00
This APR may be applied to your account if you:
Returned Payment
$25.00 per item
(1) Make a late payment
Fee
(2) Make a payment that is returned
Over Credit Limit
$0.00
(3) Do any of the above on any other account
Fee
held with US
How Long Will the Penalty APR Apply?
How We Will Calculate Your Balance: We use a
The penalty rate may be applied to your account
method called "average daily balance (including new purchases)."
until we receive six (6) consecutive payments,
with each payment being received by the required
See your Cardholder Agreement for more details.
payment date.
Billing Rights: Information on your rights to dispute transactions
and how to exercise those rights is provided in your Cardholder Agreement
Paying Interest
Your due date is at least 25 days after the close
of each billing period. We will not charge you
periodic interest on new purchases, or any portion
Margins & Periodic Rates with Corresponding APRs
of a new purchase, paid by the due date on your
current billing statement if your entire balance on
Margin
Periodic Rate
your previous billing statement is paid in full by
the due date on that statement There is no time
Purchase Rate
10.74%
0.03833%
period in which to avoid periodic interest on cash
(corresponding APR of 13.99%)
advances or balance transfers.
Balance Transfer
10.74%
0.03833%
Minimum
If you are charged interest, the charge will be no
Rate
(corresponding APR of 13.99%)
Interest Charge
less than $1.00.
Cash Advance
14.24%
0.04792%
Credit Card
The Consumer Financial Protection Bureau
and Cash
(corresponding APR of 17.49%)
Tips from the
website provides useful information and
Equivalent
Consumer
guidelines to assist you when applying for a
Transaction Rate
Financial
credit card and how to use your card. Visit:
Protection
http://www.consumerfinance.gov
Penalty Rate
18.74%
0.06025%
Bureau
(corresponding APR of 21.99%
CARDHOLDER AGREEMENT: CARD TERMS AND FEES
V1.2-04.12
Variable Rate: Your APRs will vary with the market based on the Prime Rate The
Prime Rate is the highest bank prime loan rate as published by the Wall Street Journal in
its Money Rates Section on the 14th day for the next business day if the 14th is not a busi-
ness day) of the calendar month preceding the first day of the billing period If the Periodic
Rate(s) and corresponding Annual Percentage Rate(s) increase, your interest charges will
increase andyour minimum payment may be greater.
Penalty Rate: If you fail to make your required minimum payment on your Account
by the due date [two or more times in any six-month period] all rates may increase to the
Penalty Rate Rates may increase as early as the beginning of the billing period in which
the condition occurred, but no later than the following two billing periods. The Penalty APR
will cease to apply if you pay all past due amounts and any fees and you pay your minimum
monthly payment on time for six consecutive months
Application of Payments: We will apply all payments to the account in ac-
cardance with any applicable law. Any payment amount in excess of the required minimum
payment will be applied to the outstanding balances basedon the APR applicable to that
balance We will apply payments according to the APR from highest to lowest
Minimum Payment: The greater of 5% of the outstanding balance or $25.00
Cash Equivalent Transactions: Cash equivalent transactions are those
transactions performed using a merchant or service provider that MasterCard/VISA identi-
fies as a seller of traveler's cheques, foreign currencies, money arders, wire transfers,
lottery tickets, funds used for wagers or gambling or similar products and services.
Other Fees:
Replacement Card
$35.00 (includes delivery
Copy of Sales Voucher
$7.50
Additional Copy of Paper Statement
$7.50
Annual Second Card Fee
$0.00
CONTACT US:
Card Assets
P.O. Box 674824
Marietta, GA 30006
1-800-854-7642
www.24-7cardaccess.com
CARDHOLDER AGREEMENT: CARD TERMS AND FEES