The information in this document would apply to your account if you applied for a new account today. 

(BA922TC0120MCY)  
(SL) 

DEPARTMENT STORES NATIONAL BANK CREDIT CARD DISCLOSURES 
FOR THE MACY’S AMERICAN EXPRESS® ACCOUNT 

Interest Rates and Interest Charges 

Annual Percentage Rate 
(APR) for Purchases 

26.74%* 
This APR will vary with the market based on the Prime Rate. 

APR for Cash Advances 

26.74%* 
This APR will vary with the market based on the Prime Rate. 

Paying Interest  

Your due date is at least 25 days after the close of each billing cycle. 
We will not charge you any interest on purchases if you pay your entire 
balance by the due date each month. We will begin charging interest on 
cash advances on the transaction date. 

Minimum Interest Charge 

If you are charged interest, the charge will be no less than $2. 

For Credit Card Tips from 
the Consumer Financial 
Protection Bureau 

To learn more about factors to consider when applying for or using a 
credit card, visit the website of the Consumer Financial Protection 
Bureau at http://www.consumerfinance.gov/learnmore. 

Fees 

Transaction Fees 
• Cash Advance  

• Foreign Transaction 

Penalty Fees 
• Late Payment 
• Returned Payment 

Either $5 or 4% of the amount of each cash advance, whichever is 
greater. 
3% of each purchase transaction in U.S. dollars.** 

Up to $40 
Up to $40 

How We Will Calculate Your Balance: We use a method called “Daily Balance (including current 
transactions)”. See your Credit Card Agreement for more details. 
Billing Rights: Information on your rights to dispute transactions and how to exercise those rights is 
provided in the Credit Card Agreement. 

*The purchase and cash advance APRs are equal to the Prime Rate plus a margin of 21.99%. 

**1% of the U.S. dollar amount is paid to American Express as a foreign currency conversion fee. 

Protections for Active Duty Service Members and their Dependents: Please see the section of the 
Credit Card Agreement entitled “Protections for Active Duty Service Members and their Dependents.” 

  
 
 
 
 
 
 
 
Department Stores National Bank American Express Credit Card Agreement 

This Credit Card Agreement is your contract with us.  It governs the use of your card and account.  Please 
read this Agreement carefully. Keep it for your records. 

Definitions 

account means the relationship established between you and us by this Agreement. 
APR means an annual percentage rate. 
authorized user means any person you allow to use your account. 
card means one or more cards or other access devices that we give you to get credit under this 
Agreement.  This includes account numbers. 
we, us, and our mean Department Stores National Bank, the issuer of your account.  Department Stores 
National Bank is located in Sioux Falls, SD. 
you, your, and yours mean the person who applied to open the account.  It also means any other person 
responsible for complying with this Agreement.   

Your Account 

You agree to use your account in accordance with this Agreement.  You must pay us for all amounts due 
on your account.  This Agreement is binding on you unless you close your account within 30 days after 
receiving the card and you have not used or authorized use of the card.  Your account must only be used 
to purchase goods and services for personal, family and household use.  Your account must only be used 
for lawful transactions.   

Authorized Users.  You may request additional cards for authorized users.  You must pay us for all 
charges made by authorized users.  You must pay us even if you did not intend to be responsible for those 
charges.  You must notify us to withdraw any permission you give to an authorized user to use your 
account. 

Joint Accounts.  If this is a joint account, each of you is responsible individually and together for all 
amounts owed.  Each of you is responsible even if the account is used by only one of you.  You will 
continue to be liable for the entire balance of the account, even if your co-applicant is ordered by a court to 
pay us.  You will remain liable to us if your co-applicant fails to pay as ordered by the court.  Your account 
status will continue to be reported to the credit bureau under each of your names.  The delivery of notices 
or billing statements to either of you serves as delivery to each of you.  We may rely on instructions given 
by either of you.  We are not liable to either of you for relying upon such instructions. 

Credit Limit.  Your initial credit limit is on the card carrier. After that, your credit limit appears on your 
billing statement. The full amount of your credit limit is available to use where the card is honored.  We 
may reduce or increase your credit limit at any time for any reason as permitted by law.  We will notify you 
of any change, but the change may take effect before you receive the notice.  We may, from time to time, 
establish limits on the amount of cash advances that may be charged to your account. You should always 
keep your total balance below the credit limit.  However, if the total balance goes over your credit limit you 
still must pay us.  If your account has a credit balance, we may reduce the credit balance by any new 
charges on your account.  You may not maintain a credit balance in excess of your credit limit.   

Checks.  We may provide you with convenience checks.  When we do, any use will be a cash advance 
transaction even if you use the check to make a payment to another creditor.  You may not use 
convenience checks to pay an amount owed to us under this Agreement or to pay another account with us 
or an affiliate.   We do not certify these checks or return any checks that have been paid.  

 
 
 
 
 
 
 
 
 
 
Billing Statement.  Your billing statement shows the New Balance.  This is the total amount you owe us 
on the Statement Closing Date.  To determine the New Balance, we begin with the total balance at the 
start of the billing cycle.  We add any purchases or cash advances.  We subtract any credits or payments.  
We then add any interest charges or fees and make other adjustments. Your billing statement also shows 
your transactions; the Minimum Payment Due and payment due date; your credit limit; and your interest 
charges and fees. We deliver a billing statement to only one address.  You must notify Customer Service 
of a change in address.  We may stop sending you statements if we deem your account uncollectible or 
start collection proceedings; but we may continue to add interest and fees as permitted by law.   

APRs  

Variable APRs Based on Prime.  If any APR is based on the U.S. Prime Rate (“Prime Rate”), the APR 
will equal the Prime Rate plus an additional amount.  If the Prime Rate increases, it will cause the APR to 
increase.  If the Prime Rate decreases, it will cause the APR to decrease. For each billing cycle we use 
the Prime Rate published in The Wall Street Journal two business days before the Statement Closing 
Date.   If the Prime Rate causes an APR to change, we put the new APR into effect as of the first day of 
the billing cycle for which we calculate the APR.  We apply the new APR to any existing balances, subject 
to any promotional rate that may apply.  If The Wall Street Journal does not publish the Prime Rate, we will 
use a similar published rate. 

APR for Purchases.  There is a variable regular purchases APR.  It equals the Prime Rate plus 21.99%.  
As of November 5, 2019, this Annual Percentage Rate is 26.74%.  This APR equals a daily periodic rate 
of 0.07326%. 

APR for Cash Advances.  There is a variable regular cash advance APR. It equals the Prime Rate plus 
21.99%.  As of November 5, 2019, this Annual Percentage Rate is 26.74%.  This APR equals a daily 
periodic rate of 0.07326%.   

Effect of APR Increases.   If an APR increases, interest charges increase.  Your minimum payment may 
increase as well.   

Promotions 

We may offer promotional terms for all or a part of any balances.  Any promotional terms may apply for a 
limited period of time.  They will be governed by the terms of the promotional offer and this Agreement.  
They may include the Special Event and Club Plan offers described below.  We may offer other 
promotional offers from time to time.  Your promotional terms will end when the promotional period 
expires. 

Special Event offers.  If a promotional offer is a Special Event offer, interest is deferred, which means no 
interest charges will be imposed on the Special Event balance if you pay the balance in full by the end of 
the promotional period for that Special Event balance. We will impose interest charges on the Special 
Event balance at the APR for regular purchases from the date of purchase if you do not pay the balance in 
full by the end of the promotional period. 

Club Plan offers. If a promotional offer is a Club Plan offer, no interest charges will be imposed on the 
Club Plan balance. 

Interest Charges Based on APRs  

Interest Charges.  We impose interest charges when we apply APRs to your account balances.   We do 
this every day by using a daily periodic rate.  To get a daily periodic rate, we divide the APR by 365.  

 
 
 
 
 
 
 
 
 
 
 
 
When Interest Charges Begin.  We begin to impose interest charges the first day we add a charge to a 
daily balance.   The charges we add to a daily balance include purchases and cash advances.  They also 
include interest charges and fees.  We continue to impose interest charges until we credit your account 
with full payment of the total amount you owe us.  This method of assessing interest charges described in 
this section may result in a billing statement with only an interest charge. 

Grace Period on Purchases.  You can avoid interest charges on purchases, but not on cash advances or 
excluded promotional balances.   This is called a grace period on purchases.  The grace period is at least 
25 days.  To get a grace period on purchases, you must pay the New Balance by the payment due date 
every billing cycle.  If you do not, you will not get a grace period until you pay the New Balance for two 
billing cycles in a row. 

If you have a balance subject to a Special Event promotion and that promotion does not expire before the 
payment due date, that balance (an “excluded promotional balance”) is excluded from the amount you 
must pay in full to get a grace period on a purchase balance. In addition, if you have a Club Plan balance, 
that balance (an “excluded promotional balance”) is excluded from the amount you must pay in full to get a 
grace period on a purchase balance.  However, you must still pay any separately required payment on the 
excluded promotional balance.  In billing cycles in which payments are allocated to Special Event balances 
first, the Special Event balance will be reduced before any other balance on the account.  However, you 
will continue to get a grace period on purchases, so long as you pay the New Balance (less any excluded 
promotional balance plus any separately required payment on an excluded promotional balance) in full by 
the payment due date each billing cycle. 

Other promotional offers not described above may also allow you to have a grace period on purchases 
without having to pay all or a portion of the promotional balance by the payment due date.  If either is the 
case, the promotional offer will describe what happens. 

Calculation of Interest Charges – Daily Balance Method (Including Current Transactions).  We 
calculate interest charges each billing cycle.  To do this: 
•  We start with each of your different balances.  These balances include, for example, regular 

purchases, regular cash advances, and different promotional balances.   (When we calculate interest 
charges, we treat each Special Event transaction separately even if it has the same terms as another 
Special Event transaction.)  

•  We calculate the daily balance for each of your different balances.  To get a daily balance, we start 

with the balance as of the end of the previous day.  We add any interest charge on the previous day’s 
balance.  (This results in daily compounding of interest charges.)  We add any new charges.   We 
then subtract any new credits or payments.   

•  We multiply each daily balance by the daily periodic rate that applies to it.  We do this for each day in 

the billing cycle.  This gives us the daily interest charges for each of your different balances.   
•  We add up all the daily interest charges.  The sum is the total interest charge for the billing cycle.  
•  You authorize us to round interest charges to the nearest cent. 

When we calculate daily balances, we add a purchase or cash advance as of the Transaction Date.  (The 
Transaction Date for a cash advance is the date we get a request to complete a transaction.  When you 
send a convenience check directly to someone, the Transaction Date is the date we receive the check for 
payment. The Transaction Date is on the billing statement.) We add a transaction fee to the same balance 
as the transaction.  We generally add other fees to the regular purchase balance. We subtract a payment 
or credit as of the day it is credited to the account and then make other adjustments.  We treat a credit 
balance as a balance of zero.    

Minimum Interest Charge.  If we charge you interest, the charge will be no less than $2.  We add the 
charge to the regular purchase balance or allocate it among one or more of the balances that accrues 
interest. 

 
 
 
 
 
 
 
Balance Subject to Interest Rate.  Your statement shows a Balance Subject to Interest Rate.  It shows 
this for each different balance.  The Balance Subject to Interest Rate is the average of the daily balances 
during the billing cycle.  A billing cycle begins on the day after the Statement Closing Date of the previous 
billing cycle.  It includes the Statement Closing Date of the current billing cycle. 

Fees 

Transaction Fee for Cash Advances.   You take a cash advance if you use a cash advance 
convenience check; get money through an automated teller machine (ATM); or get money through home 
banking or a financial institution.  For each cash advance we add a transaction fee of 4% of the amount of 
the cash advance, but not less than $5. 

Transaction Fee for Purchases in Foreign Currency.  We charge you a fee of 3% of the U.S. dollar 
amount of each purchase made in a currency other than U.S. dollars, regardless of where the transaction 
takes place or who the merchant is.  1% of the U.S. dollar amount is paid to American Express as a 
foreign currency conversion fee.    

Late Fee.  We may add a late fee for each billing cycle in which you have a past due payment.  For late 
fee purposes, you have a past due payment any time you fail to pay the Minimum Payment Due (less the 
Amount Over Credit Limit shown on your billing statement) by the payment due date.  The fee will be $29; 
or $40 for any additional past due payment during the next six billing cycles after a past due payment.  
However, the fee will not exceed the amount permitted by law.  We add this fee to the regular purchase 
balance.   

Returned Payment Fee.  We may add a returned payment fee for a returned payment. A returned 
payment is an electronic debit, payment check, or similar payment instrument, that is returned unpaid.  
We may add this fee the first time your payment is returned, even if it is not returned upon resubmission. 
The fee will be $29; or $40 for any additional returned payment during the next six billing cycles after a 
returned payment.  However, the fee will not exceed the amount permitted by law.  We add this fee to the 
regular purchase balance.   

Returned Convenience Check Fee.  We may add a returned convenience check fee for a returned 
convenience check.  A returned convenience check is any convenience check we do not honor.  We may 
not honor these checks if the amount of the check would cause the balance to go over the cash advance 
limit or credit limit.  We also may not honor these checks if you default; if you did not comply with our 
instructions regarding the check; if your account has been closed; or for other reasons.  The fee will be 
$29; or $40 for any returned convenience check during the next six billing cycles after a returned 
convenience check.  However, the fee will not exceed the amount permitted by law.  We add this fee to 
the regular purchase balance. 

Information on Foreign Currency Conversion  

Our network provider is American Express.  American Express converts transactions in foreign currencies 
into U.S. dollars.  American Express follows its own procedures to do so.  These may change from time to 
time without notice.  Currently, American Express uses any conversion rate required by applicable law.  If 
there is none, it uses the highest interbank rate it selects on the business day before the day it processes 
the transaction.  A third party may convert a transaction into U.S. dollars or another currency before 
sending it to our network provider.  In these cases, the third party selects the conversion rate.  In all cases, 
the conversion rate you get is the one used on the transaction’s processing date.  This may be different 
from the one in effect on the Transaction Date or posting date for the transaction. 

Payments 

 
 
 
 
 
 
 
 
 
 
Making Payments.  You may pay all or part of your account balance at any time. However, you must pay 
at least the Minimum Payment Due by the payment due date each billing cycle.  The sooner you pay the 
New Balance, the less you will pay in interest charges.   

We calculate the Minimum Payment Due as follows.  We begin with any past due amount. We add any 
amount in excess of your credit limit.  We add the amount due on each Club Plan balance.  We add any 
amount required by the Promotion Calculation.  We also add the largest of the following: 
•  The Calculated New Balance if it is less than $29; 
•  $29 if the Calculated New Balance is at least $29; or 
•  1% of the Calculated New Balance (the result is rounded up to the nearest dollar) plus the amount of 

your billed interest charges on that balance, any minimum interest charge allocated to that balance, 
and any applicable late fee.  However, we subtract interest charges that accrued during prior billing 
cycles on a Special Event balance that ended during the billing cycle covered by the statement.  

The Calculated New Balance equals the New Balance on the billing statement less any balances subject 
to a Club Plan or the Promotion Calculation.  

The amount due on a Club Plan balance is the smaller of: 
•  1/12th of the Club Plan’s Highest Balance plus any credit protection or credit insurance fee allocated 

to that balance.  (The result is rounded up to the nearest dollar.) Or 

•  The Club Plan’s balance on the Statement Closing Date. 

For each Club Plan balance, the Highest Balance is the highest Club Plan balance on a Statement Closing 
Date, less any credit protection or credit insurance fee allocated to that balance for that cycle, since the 
last time that balance was zero.  The balance is zero at account opening. 

If you have a Special Event balance subject to the Promotion Calculation, the Promotion Calculation will 
equal 1% of this balance during the promotion period. (The result is rounded up to the next nearest cent.) 
After the promotion period, any remaining Special Event balance will be included in the Calculated New 
Balance. The Promotion Calculation will apply if, based on the amount of the Special Event transaction as 
shown on the first statement that displays the transaction and the dollar amount in the Minimum Payment 
Due calculation in effect at the time of the transaction, we determined that paying such dollar amount each 
billing cycle would result in repayment of the Special Event balance before the end of the promotion 
period.   

The Minimum Payment Due may reflect adjustments to the New Balance.  The Minimum Payment Due is 
never more than the Calculated New Balance plus the Promotion Calculation plus the amount due on a 
Club Plan balance.  

Application of Payments.  Payments in excess of the Minimum Payment Due are applied in accordance 
with law. This means that we will generally apply payments in excess of the Minimum Payment Due to 
higher APR balances first. However, excess payments received before a Special Event promotion expires 
are applied to the Special Event promotional balance first in the last two billing cycles of the promotional 
period. And, if the expiration date of a Special Event promotion is before the payment due date in the 
billing cycle in which the Special Event promotion expires, excess payments received before the Special 
Event promotion expires are applied to the Special Event promotional balance first in the last three billing 
cycles of the promotional period. Payments equal to or less than the Minimum Payment Due and credits 
are applied at our discretion and you authorize us to apply payments and credits in a way that is most 
favorable or convenient for us.  This may include applying such payments and credits to lower APR 
balances first and to balances with longer promotional periods first. 

Payment Instructions.  We credit your payments in accordance with our payment instructions on the 
billing statement.  You must pay us in U.S. dollars.  To do so, you must use a check, similar instrument, or 
electronic debit that is drawn on and honored by a bank in the U.S.  Do not send cash.  We can accept 

 
 
 
 
 
 
 
 
late or partial payments, or payments that reflect “paid in full” or other restrictive endorsements, without 
losing our rights.  We also reserve the right to accept payments made in foreign currency and instruments 
drawn on funds on deposit outside the U.S.  If we do, we select the currency conversion rate.  We will then 
credit your account in U.S. dollars after deducting any costs incurred in processing your payment.  Or we 
may bill you separately for these costs.   

Credit Reporting   

We may report information about your account to credit bureaus.  Late payments, missed payments, or 
other defaults on your account may be reflected in your credit report.  We may report account information 
in your name and the names of authorized users.  We may also obtain follow-up credit reports on you.     

If you think we reported incorrect information to a credit bureau, write us at the address shown on the back 
of your billing statement in the section titled “Disputed Accuracy of Credit Report”.  We will investigate the 
matter.  We will then tell you if we agree or disagree with you.  If we agree with you, we will contact each 
credit bureau to which we reported and request a correction.  If we disagree with you, we will tell you that.  

Information Sharing   

You authorize us to share information about you as permitted by law.  This includes information we get 
from you and others.  It also includes information about your transactions with us.  Please see our Privacy 
Notice for details about our information sharing practices. The identifying information you provided in your 
credit application (including name, address, telephone number, email address and social security number) 
as well as any updates to that information is provided to us, Macy’s, Inc. and their affiliates. 

Changes to this Agreement 

We may change the rates, fees, and terms of this Agreement from time to time as permitted by 
law.  The changes may add, replace, or remove provisions of this Agreement.  We will give you 
advance written notice of the changes and a right to opt out to the extent required by law. 

Default   

You default under this Agreement if you fail to pay the Minimum Payment Due by its due date; go over 
your credit limit; pay by a check or similar instrument that is not honored or that we must return because it 
cannot be processed; pay by electronic debit that is returned unpaid; file for bankruptcy; or fail to comply 
with the terms of this Agreement.  If you default, we may close your account and, to the extent permitted 
by law, demand immediate payment of the total balance.   

Refusal of the Card, Closed Accounts, and Related Provisions   

Refusal of the Card.  We do not guarantee approval of transactions.  We are not liable for transactions 
that are not approved.  That is true even if you have enough credit.  We may limit the number of 
transactions approved in one day.  If we detect unusual or suspicious activity, we may suspend your credit 
privileges.   

Preauthorized Charges.   We may suspend any automatic or other preauthorized card charges you 
arrange with a third party.  We may do this if you default; if the card is lost or stolen; or we change your 
account for any reason.  If we do this, you are responsible for paying the third party directly if you wish to 
do so.  You are also responsible for reinstating the preauthorized charges if you wish to do so and we 
permit it.   

Lost or Stolen Cards, Account Numbers, or Convenience Checks.  You must call us if any card, 
account number, or check is lost or stolen.  You must also call us if you think someone used or may use 

 
 
 
 
 
 
 
 
 
 
 
 
 
them without permission.  When you call, we may require you to provide information to help our 
investigation.  We may require you to provide this information in writing.  For example, we may ask you to 
identify any charges that were not made by you or someone authorized by you.  We may also ask you to 
confirm that you received no benefit from those charges. 

Closing Your Account.   You may close your account by notifying us in writing or over the phone. If you 
close your account, you must still repay the total balance in accordance with this Agreement.  We may 
also close your account or suspend account privileges at any time for any reason.  We may do this without 
prior notice to you.  We may also reissue a different card at any time.  You must return any card to us 
upon request. 

Protections for Active Duty Service Members and their Dependents 

Protections. Federal law provides important protections to members of the Armed Forces and their 
dependents relating to extensions of consumer credit. In general, the cost of consumer credit to a member 
of the Armed Forces and his or her dependent may not exceed an annual percentage rate of 36 percent. 
This rate must include, as applicable to the credit transaction or account: The costs associated with credit 
insurance premiums; fees for ancillary products sold in connection with the credit transaction; any 
application fee charged (other than certain application fees for specified credit transactions or accounts); 
and any participation fee charged (other than certain participation fees for a credit card account). You are 
entitled to these protections if you are a Covered Borrower, as defined below.  

Covered Borrower. You are a Covered Borrower if, in connection with the opening of your account, we 
determine you are an active duty member of the Armed Forces (including active Guard and Reserve duty) 
or a dependent of an active duty member. You will cease to be a Covered Borrower if we determine you 
are no longer an active duty member of the Armed Forces (including active Guard and Reserve duty) or a 
dependent of an active duty member.  

Oral Disclosures. If you are a Covered Borrower, you may obtain information related to your account, 
including information about these protections and your payment obligation, by calling 1-877-625-6379. 

Arbitration. The section of the Credit Card Agreement entitled “ARBITRATION” does not apply if 
you are a Covered Borrower at the time your account is opened. 

PLEASE READ THIS PROVISION OF THE AGREEMENT CAREFULLY.  

ARBITRATION 

THIS SECTION PROVIDES THAT DISPUTES MAY BE RESOLVED BY BINDING ARBITRATION. 
ARBITRATION REPLACES THE RIGHT TO GO TO COURT, HAVE A JURY TRIAL OR INITIATE OR 
PARTICIPATE IN A CLASS ACTION. IN ARBITRATION, DISPUTES ARE RESOLVED BY AN 
ARBITRATOR, NOT A JUDGE OR JURY. ARBITRATION PROCEDURES ARE SIMPLER AND MORE 
LIMITED THAN IN COURT. THIS ARBITRATION PROVISION IS GOVERNED BY THE FEDERAL 
ARBITRATION ACT (FAA), AND SHALL BE INTERPRETED IN THE BROADEST WAY THE LAW WILL 
ALLOW. 

Covered claims  
•  You or we may arbitrate any claim, dispute or controversy between you and us arising out of or related 

• 

to your account, a previous related account or our relationship (called “Claims”). 
If arbitration is chosen by any party, neither you nor we will have the right to litigate that Claim 
in court or have a jury trial on that Claim.  

Except as stated below, all Claims are subject to arbitration, no matter what legal theory they’re based on 
or what remedy (damages, or injunctive or declaratory relief) they seek, including Claims based on 
contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory 

 
 
 
 
 
 
 
 
 
 
 
provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third-party claims, 
interpleaders or otherwise; Claims made regarding past, present, or future conduct; and Claims made 
independently or with other claims. This also includes Claims made by or against anyone connected with 
us or you or claiming through us or you, or by someone making a claim through us or you, such as a co-
applicant, authorized user, employee, agent, representative or an affiliated/parent/subsidiary company. 

Arbitration limits 
• 

Individual Claims filed in a small claims court are not subject to arbitration, as long as the matter stays 
in small claims court.  

•  We won’t initiate arbitration to collect a debt from you unless you choose to arbitrate or assert a Claim 

against us. If you assert a Claim against us, we can choose to arbitrate, including actions to collect a 
debt from you. You may arbitrate on an individual basis Claims brought against you, including Claims 
to collect a debt. 

•  Claims brought as part of a class action, private attorney general or other representative action can be 
arbitrated only on an individual basis. The arbitrator has no authority to arbitrate any claim on a class 
or representative basis and may award relief only on an individual basis. If arbitration is chosen by any 
party, neither you nor we may pursue a Claim as part of a class action or other representative action. 
Claims of 2 or more persons may not be combined in the same arbitration. However, applicants, co-
applicants, authorized users on a single account and/or related accounts, or corporate affiliates are 
here considered as one person. 

How arbitration works 
•  Arbitration shall be conducted by the American Arbitration Association (“AAA”) according to this 

arbitration provision and the applicable AAA arbitration rules in effect when the claim is filed (“AAA 
Rules”), except where those rules conflict with this arbitration provision. You can obtain copies of the 
AAA Rules at the AAA’s website (www.adr.org) or by calling 800-778-7879. You or we may choose to 
have a hearing, appear at any hearing by phone or other electronic means, and/or be represented by 
counsel. Any in-person hearing will be held in the same city as the U.S. District Court closest to your 
billing address. 

•  Arbitration may be requested any time, even where there is a pending lawsuit, unless a trial has begun 

or a final judgment entered. Neither you nor we waive the right to arbitrate by filing or serving a 
complaint, answer, counterclaim, motion, or discovery in a court lawsuit. To choose arbitration, a party 
may file a motion to compel arbitration in a pending matter and/or commence arbitration by submitting 
the required AAA forms and requisite filing fees to the AAA. 

•  The arbitration shall be conducted by a single arbitrator in accord with this arbitration provision and the 
AAA Rules, which may limit discovery. The arbitrator shall not apply any federal or state rules of civil 
procedure for discovery, but the arbitrator shall honor claims of privilege recognized at law and shall 
take reasonable steps to protect account information and other confidential information of either party 
if requested to do so. The arbitrator shall apply applicable substantive law consistent with the FAA and 
applicable statute of limitations, and may award damages or other relief under applicable law. 

•  The arbitrator shall make any award in writing and, if requested by you or us, may provide a brief 

statement of the reasons for the award. An arbitration award shall decide the rights and obligations 
only of the parties named in the arbitration, and shall not have any bearing on any other person or 
dispute. 

Paying for arbitration fees   
•  We will pay your share of the arbitration fee for an arbitration of Claims of $75,000 or less if they are 
unrelated to debt collection. Otherwise, arbitration fees will be allocated according to the applicable 
AAA Rules. If we prevail, we may not recover our arbitration fees, unless the arbitrator decides your 
Claim was frivolous. All parties are responsible for their own attorney’s fees, expert fees and any other 
expenses, unless the arbitrator awards such fees or expenses to you or us based on applicable law. 

 
 
 
 
 
 
 
 
The final award  
•  Any award by an arbitrator is final unless a party appeals it in writing to the AAA within 30 days of 

notice of the award. The arbitration appeal shall be determined by a panel of 3 arbitrators. The panel 
will consider all facts and legal issues anew based on the same evidence presented in the prior 
arbitration, and will make decisions based on a majority vote. Arbitration fees for the arbitration appeal 
shall be allocated according to the applicable AAA Rules. An award by a panel on appeal is final. A 
final award is subject to judicial review as provided by applicable law. 

Survival and Severability of Terms   
This arbitration provision shall survive changes in this Agreement and termination of the account or the 
relationship between you and us, including the bankruptcy of any party and any sale of your account, or 
amounts owed on your account, to another person or entity. If any part of this arbitration provision is 
deemed invalid or unenforceable, the other terms shall remain in force, except that there can be no 
arbitration of a class or representative Claim. This arbitration provision may not be amended, severed or 
waived, except as provided in this Agreement or in a written agreement between you and us. 

Rules for rejecting this arbitration provision 
You may reject this arbitration provision by sending a written rejection notice to us at: P.O. Box 790340, 
St. Louis, MO 63179. Your rejection notice must be mailed within 45 days of account opening. Your 
rejection notice must state that you reject the arbitration provision and include your name, address, 
account number and personal signature. No one else may sign the rejection notice. Your rejection notice 
will not apply to the arbitration provision(s) governing any other account(s) that you have or had with us. 
Rejection of this arbitration provision won’t affect your other rights or responsibilities under this 
Agreement, including use of the account. 

Governing Law, Enforcing our Rights and Call Monitoring 

Governing Law.   Federal law and the law of South Dakota, where we are located, govern the terms and 
enforcement of this Agreement.   

Enforcing this Agreement.  We will not lose our rights under this Agreement because we delay in 
enforcing them or fail to enforce them.   

Collection Costs.  To the extent permitted by law, you are liable to us for our legal costs if we refer 
collection of your account to a lawyer who is not our salaried employee.  These costs may include 
reasonable attorneys’ fees.  They may also include costs and expenses of any legal action.   

Assignment.   We may assign any or all of our rights and obligations under this Agreement to a third 
party. 

Call Monitoring.  We may monitor and record any calls between you and us. 

Call us toll-free at 1-866-470-8613 for further information.   

For Further Information 

Your Billing Rights: 
Keep this Document for Future Use  
This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act. 

What To Do If You Find A Mistake On Your Statement 
If you think there is an error on your statement, write to us at: 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
Department Stores National Bank  
P.O. Box 8097 
Mason, OH 45040  

In your letter, give us the following information: 
•  Account information: Your name and account number. 
•  Dollar amount: The dollar amount of the suspected error. 
•  Description of problem: If you think there is an error on your bill, describe what you believe is wrong 

and why you believe it is a mistake.  

You must contact us: 
•  Within 60 days after the error appeared on your statement. 
•  At least 3 business days before an automated payment is scheduled, if you want to stop payment on 

the amount you think is wrong. 

You must notify us of any potential errors in writing. You may call us, but if you do we are not required to 
investigate any potential errors and you may have to pay the amount in question. 

What Will Happen After We Receive Your Letter 
When we receive your letter, we must do two things:  
1.  Within 30 days of receiving your letter, we must tell you that we received your letter. We will also tell 

you if we have already corrected the error.  

2.  Within 90 days of receiving your letter, we must either correct the error or explain to you why we 

believe the bill is correct. 

While we investigate whether or not there has been an error: 
•  We cannot try to collect the amount in question, or report you as delinquent on that amount.  
•  The charge in question may remain on your statement, and we may continue to charge you interest on 

that amount.  

•  While you do not have to pay the amount in question, you are responsible for the remainder of your 

balance. 

•  We can apply any unpaid amount against your credit limit. 

After we finish our investigation, one of two things will happen: 
• 

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. 
If we do not believe there was a mistake: You will have to pay the amount in question, along with 
applicable interest and fees. We will send you a statement of the amount you owe and the date 
payment is due. We may then report you as delinquent if you do not pay the amount we think you 
owe. 

• 

If you receive our explanation but still believe your bill is wrong, you must write to us within 10 days telling 
us that you still refuse to pay. If you do so, we cannot report you as delinquent without also reporting that 
you are questioning your bill. We must tell you the name of anyone to whom we reported you as 
delinquent, and we must let those organizations know when the matter has been settled between us. 

If we do not follow all of the rules above, you do not have to pay the first $50 of the amount you question 
even if your bill is correct. 

Your Rights If You Are Dissatisfied With Your Credit Card Purchases 
If you are dissatisfied with the goods or services that you have purchased with your credit card, and you 
have tried in good faith to correct the problem with the merchant, you may have the right not to pay the 
remaining amount due on the purchase.  
To use this right, all of the following must be true:  

 
 
 
 
 
 
 
 
 
1.  The purchase must have been made in your home state or within 100 miles of your current mailing 
address, and the purchase price must have been more than $50. (Note: Neither of these are 
necessary if your purchase was based on an advertisement we mailed to you, or if we own the 
company that sold you the goods or services.)  

2.  You must have used your credit card for the purchase. Purchases made with cash advances from an 

ATM or with a check that accesses your credit card account do not qualify.  

3.  You must not yet have fully paid for the purchase. 

If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at:  
Department Stores National Bank 
P.O. Box 8097 
Mason, OH 45040 

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. 

The Macy’s American Express Card program is issued and administered by Department Stores National 
Bank. American Express is a federally registered service mark of American Express and is used by 
Department Stores National Bank pursuant to a license. 

Notice to Wisconsin Residents: You must promptly provide your spouse’s name and address to us by 
calling 1-800-243-6552. 

© 2020 Department Stores National Bank  

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