Credit Card Agreement for Walter E. Smithe Cards in Capital One,®  N.A. 
There are two parts to this Credit Card Agreement: Capital One Pricing Information and the Capital One Customer 
Agreement. The Pricing Information shows a range of terms that includes both mail and online offers for new accounts 
available under this Agreement as of March 31, 2018. The combination of terms that could apply to you may differ depending 
on the specific card offer and on your creditworthiness at the time of application. The Customer Agreement contains 
important information related to consumer credit cards issued by Capital One, N.A. If you are a current Capital One 
cardholder, please log in to your account if you would like to request the Credit Card Agreement for your account(s). 

CAPITAL ONE PRICING INFORMATION 

Annual Percentage Rate 
(APR) for Purchases 

Penalty APR and 
When It Applies 

18.90%. 

22.90%. 

Your APR may increase to the Penalty APR if we fail to receive your minimum payment with 
in 60 days when due. You will no longer be eligible for the Standard Rate and all existing 
Promotional Credit Plans will terminate, and your entire Account balance will be subject to the 
Penalty Rate. If your Account becomes subject to the Penalty APR, we will provide advance 
notice before the new Penalty APR goes into effect. If you make the next six consecutive on 
time minimum payments starting with your first payment due once the Penalty APR goes into 
effect, your rates will return to the non-penalty APR(s) applicable to your Account. If you do not 
make these six consecutive on time minimum payments, we may keep the Penalty APR on 
your Account indefinitely. 

How to Avoid Paying 
Interest on Purchases: 

Your due date is at least 25 days after the close of each billing cycle. We will not charge you 
interest on purchases if you pay your entire balance by the due date each month. 

Minimum Interest Charge 

A minimum Interest Charge of $2.00 will be assessed for each billing cycle in which an Interest 
Charge is payable. 

Annual Fee 

$0. 

Transaction Fees 
• Balance Transfer Fee 
• Cash Advance Fee 
• Foreign Transaction Fee 

None. 
None. 
None. 

Penalty Fees 
• Late Payment 
• Over the Credit Limit Fee 
• Returned Payment 

Up to $35. 
None. 
Up to $25. 

Balance Computation Method: Average Daily Balance (including new purchases) 
The “Daily Balance” of a Credit Plan is determined by taking the opening balance of the Credit Plan for that day, and adding 1) 
any new purchase made on the Credit Plan that day, 2) the previous day’s Interest Charges, 3) any credit insurance premiums 
or debt cancellation fees (if applicable) incurred on that day and 4) any late fees, over the credit limit fees, returned payment 
fees or other fees incurred on that day and subtracting any payments or credit applied to the Credit Plan that day. If your 
Account is subject to a grace period during the billing cycle, payments made during that cycle will be subtracted from all Daily 
Balances in the current cycle. 

Required Insurance, Debt Cancellation or Debt Suspension Coverage: None. 

Disclosure of Rates: The Daily Periodic Rate for the Standard Rate will be .05178% (corresponding 18.90% Annual 
Percentage Rate). The Daily Periodic Rate for the Penalty Rate .06274% (corresponding 22.90% Annual Percentage Rate). 

WalterESmithe_CCA_CFPB_Q1_2018.indd   1

4/2/18   10:27 PM

 
 
 
 
Capital One®  Customer Agreement 
Welcome to Capital One 
This credit card is issued by Capital One, N.A. and may be 
used at participating retail locations that accept the Card. 
This Customer Agreement, including any changes to it 
(“Agreement”), contains the terms of your agreement with 
Capital One. 
Definitions 
The meanings of the terms you see in italics appear in the 
Glossary section at the end of this Agreement. 
As used here, “you” and “your” mean each applicant and 
co-applicant for the Account; any person responsible 
for paying the Account; and any person responsible for 
complying with this Agreement. “We”, “us”, “our” and 
“Capital One” mean Capital One, National Association and 
its agents, authorized representatives, successors and 
assignees. 
Account Documents 
The following documents govern your Account with us: 
(1) this Agreement; 
(2) all Statements; 
(3) any privacy notices; 
(4) all disclosures and materials provided to you before or 

when you opened your Account; 

(5) any other documents and disclosures relating to your 

Account, including those provided online; and 
(6) any future changes we make to any of the above. 
Please read these carefully and keep them for 
future reference. 
New Offers 
In the future, we may provide you with new offers that we 
think may interest you. The terms of these offers may differ 
from the standard terms on your Account. This Agreement 
will still apply. 
Account Information 
We need information about you to manage your Account. 
This includes: 
(1) your legal name, 
(2) a valid U.S. mailing address and residential address 

(if different), 
(3) your date of birth, 
(4) your Social Security number or other government 

identification number, 

(5) your telephone number(s), and 
(6) your employment and income information. 
You must tell us when this information changes. We may 
ask you for additional documents to verify any changes. 
We may restrict or close your Account if we cannot verify 
your information, or if you do not provide it as requested. 
Credit Limits 
When you open your Account, we will tell you your credit limit. 
This will also appear on your Statement. We may also refer to 
your credit limit as your credit line. 
You are responsible for keeping track of your balance and 
your available credit. You must manage your Account to 
remain below your credit limit. We may honor transactions 
above your credit limit, but if we do, these transactions 
will not increase your credit limit. You are responsible for 
paying for any transaction you make above your credit limit. 
We may also increase, decrease, restrict or cancel your 
credit limit at any time. This will not affect your obligation to 
pay us. 

Using Your Account 
(1) This Agreement applies whether or not you use your 

Card or Account. It will continue to apply even after your 
Account is closed, as long as you have a balance. 

(2) You must sign the Card immediately when you receive it. 
(3) You must return the Card to us or destroy it if we ask 

you to. 

(4) You must take reasonable steps to prevent the 
unauthorized use of your Card and Account. 
(5) We may decline to authorize a transaction for any 

reason. This may occur even if the transaction would 
not cause you to go over your credit limit or your 
Account is not in default. 

(6) We are not responsible for any losses you incur if we do 

not authorize a transaction. 

(7) We are not responsible for any losses you incur if anyone 

refuses to accept your Card for any reason. 

(8) You must not use, or try to use, the Card for any illegal 
activity. You are responsible for any charges if you do. 
(9) We are not liable for any losses that may result when 
our services are unavailable due to reasons beyond 
our control. 

Promotional Credit Plans 
From time to time, we may offer one or more promotional 
Credit Plans prior to or at the time of your purchase. Only 
certain purchases may be eligible for promotional Credit 
Plans. These plans may have special repayment terms 
and are conditioned on your timely payment of at least the 
required payment amount each Billing Cycle: 
(1) Waived Interest Charge Credit Plan - With this plan, 
there are no Interest Charges on your purchase for a 
specified period. 

(2) Same As Cash / Monthly Payment Credit Plan -

With this plan, there are no Interest Charges on your 
purchase if you repay the full cash price of the purchase 
before the promotional expiration date shown on your 
Statement. If you do not repay in full by the promotional 
expiration date, Interest Charges will be imposed on the 
promotional purchase from the purchase date. 
(3) Reduced Rate Credit Plan - With this plan, you will 

receive a reduced Annual Percentage Rate (APR) on 
your purchase for a specified period. 

Authorized Users 
If you ask us to issue a Card to any other person, they are 
an Authorized User. We may require certain information 
about them. We may limit their ability to use your Card. 
They may have access to certain information about your 
Account. You will be responsible for their use of the 
Account and anyone else they allow to use your Account, 
even if you did not want, or agree to, that use. 
Removing an Authorized User 
If you want to remove an Authorized User from your 
Account, you must contact Customer Service and request 
their removal. You also must immediately destroy all Cards 
in their possession and cancel any arrangements they may 
have set up on your Account. They will be able to use your 
Account until you have notified us that you are removing 
them from your Account. During this time, you will still be 
responsible for all amounts they charge to your Account. 
You will be responsible even if these amounts do not 
appear on your Account until later. 
Authorized Users may remove themselves from your 
Account upon request. We reserve the right to remove 
them from your Account for any reason. To remove them 
from your Account, we may close your existing Account 
and issue a new Card with a new Account number. 

1 

WalterESmithe_CCA_CFPB_Q1_2018.indd   2

4/2/18   10:27 PM

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
Your Promise to Pay 
You promise to pay us all amounts due on your Account. 
This includes amounts where you did not sign a purchase 
slip or other documents for the transaction. We will treat 
transactions made without presenting your actual Card 
(such as for mail, telephone, Internet or mobile device 
purchases) the same as if you used the Card in person. If 
you let someone else use your Card, you are responsible 
for all transactions that person makes. 
Statements 
We will generally send or make available to you one 
Statement for all Cards on your Account at the end of each 
Billing Cycle. Under certain circumstances, the law may not 
require us to send or make available to you a Statement, or 
may prohibit us from doing so. 
Disputed Transactions 
You must inspect each Statement you receive. Tell us 
about any errors or questions you have, as described in 
the “Billing Rights Summary” on your Statement and other 
Truth-in-Lending Disclosures. If you do not notify us of an 
error, we will assume that all information on the Statement 
is correct. 
If we credit your Account for all or part of a disputed 
transaction, you give us all of your rights against others 
regarding that transaction. You will also: 
(1) give us any information about the disputed transaction, 

if we ask; 

(2) not pursue any claim or reimbursement of the 

transaction amount from the merchant or any other 
person; and 

(3) help us get reimbursement from others. 
No Warranties 
We are not responsible for any claim you may have 
regarding the purchase of goods or services made with 
your Card beyond your rights described in the “Billing 
Rights Summary” on your Statement. 
Lost or Stolen Card 
If your Card is lost or stolen or if you think someone 
else may be using your Card or Account number without 
your permission, you must contact Customer Service 
immediately. You will not be responsible for transactions on 
your Account that we find are unauthorized. 
If we reimburse you for unauthorized transactions, you will 
help us investigate, pursue and get reimbursement from the 
wrongdoer. Your help includes giving us documents in a form 
that we request. 
Interest Charges and Fees 
We will charge Interest Charges and Fees to your Account 
as disclosed on your Statement and other Truth-in-Lending 
Disclosures. In general, Interest Charges begin to accrue 
from the date of a purchase. However, we will not charge 
you interest on any new purchases posted to your Account 
if you paid the total balance of your Account in full by the 
due date on your Statement each month. 
If you have a Same as Cash, Waived Interest Charge or 
Reduced Rate Credit Plan balance and the promotional 
period does not expire before your payment due date, 
we will exclude that promotional plan balance from the 
amount you must pay in full to avoid Interest Charges on 
new non-promotional purchases. However, you must still 
make any required payment on that excluded promotional 
balance.  Additionally, during the last two full Billing Cycles 
prior to expiration of any Same as Cash Credit Plan, in 
order to continue to avoid interest on new non-promotional 
purchases, you must also add payment in full of any such 
remaining Same as Cash Credit Plan balance. 

For Same as Cash plans, we will not charge you interest 
on your promotional purchase if you repay the full amount 
of the purchase before the expiration date shown on your 
Statement. If you do not repay the promotional purchase in 
full by the expiration date, Interest Charges will be imposed 
on the promotional purchase from the date of the purchase. 
We will generally treat Fees as purchase transactions 
unless otherwise specified below. These Fees apply to your 
Account only if your Truth-in-Lending Disclosures provide for 
them. We may increase your Interest Charges and Fees as 
described in the Changes to Your Agreement section or in 
your Truth-in-Lending Disclosures. 
Late Payment Fee 
We may charge you this Fee if we do not receive your 
payment as instructed on your Statement by the payment 
due date. 
Returned Payment Fee 
We may charge you this Fee each time your financial 
institution for any reason rejects a payment you make to 
us. 
Minimum Payment 
You must pay us at least the minimum payment due by 
the payment due date. The minimum payment for your 
Account includes the minimum payment due on each 
Credit Plan. Your Statement will tell you: 
(1) the minimum payment due, 
(2) your new balance, 
(3) the payment due date and 
(4) an explanation of when the payment must reach us for 

us to consider it received as of that date. 

Returns and other credits to your Account will reduce your 
Account balance, but they will not change your minimum 
payment amount. 
In addition to the minimum payment, you may pay all or 
part of the total balance on your Account. But, you must 
still pay at least the minimum payment amount each 
month, even if you paid more than the minimum payment 
due on the previous Statement. We will continue to charge 
Interest Charges during Billing Cycles when you carry a 
balance regardless of whether your Statement includes 
a minimum payment that is due. If your Account is 180 
days past due, is part of a bankruptcy proceeding, or is 
otherwise charged off, the total balance is immediately due 
and payable. 
Making Payments 
Your payment must be made in U.S. dollars from a U.S. 
deposit account in a form acceptable to us. We do not 
accept cash payments through the mail. You may not 
make payments with funds from your Account or any 
other credit account with us or any other company in the 
Capital One organization. You must send mailed payments 
to us as instructed on your Statement, unless we tell you 
otherwise. 
Other Payment Services 
We may make services available that allow you to make 
faster or recurring payments online or by telephone. We 
will describe the terms for using these services and any 
applicable Fee before you use them. You do not have to use 
these other payment services. 
We are not responsible if your financial institution rejects a 
payment made using our payment services. 
If you ask someone else to make a payment for you, we 
may provide that person with limited Account information 
necessary to set up and process that payment. We may 
also refuse to accept that payment. If we do accept it, you 

2 

WalterESmithe_CCA_CFPB_Q1_2018.indd   3

4/2/18   10:27 PM

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
will be responsible for that payment even if a financial 
institution rejects it. 
Payment Processing 
We may accept and process payments without losing 
any of our rights. We may delay the availability of credit 
until we confirm that your payment has cleared. This 
may happen even if we credit your payment to your 
Account. We may resubmit and collect returned payments 
electronically. If necessary, we may adjust your Account to 
correct errors, process returned and reversed payments 
and handle similar issues. 
When you send us an Item as payment, you authorize 
us to make a one-time electronic fund transfer from your 
deposit account. You also authorize us to process the 
payment as an Item. We may withdraw the funds from 
your deposit account as early as the same day we receive 
your payment. You will not receive your Item back from 
your bank. We will provide additional information about this 
process on your Statement. 
We may use the information from an Item to create an 
electronic image. We may collect and return the image 
electronically. This electronic image may also be converted 
to a substitute check and may be processed in the same 
way we would process an Item. We will not be responsible 
if an Item you provide has physical features that when 
imaged result in it not being processed as you intended. 
How We Apply Your Payments 
In each Billing Cycle, we generally apply payments up to 
your minimum payment amount to satisfy the minimum 
payment due on each Credit Plan, first to the lowest APR 
Credit Plan balance and then to higher APR Credit Plan 
balances. We apply any part of your payment exceeding 
your minimum payment to the balance with the highest 
APR, and then to balances with lower APRs. We do this 
based on the APRs in effect and balances owed on the 
day your preceding Billing Cycle ended. 
If your Account has a Same as Cash Credit Plan balance, 
we will treat that balance as having a 0% APR for this 
purpose, until the last two Billing Cycles of the promotional 
period. During the last two full Billing Cycles of the 
promotional period, we will apply payments exceeding the 
minimum payment to the Same as Cash Credit Plan(s) 
that is expiring, in the order of expiration date. 
Items with Restrictive Words, Conditions, 
or Instructions 
You must mail all Items bearing restrictive words, 
conditions, limitations or special instructions to: 
Capital One 
PO Box 1330 
Charlotte, NC 28201-1330 
This includes Items marked “Paid in Full” or similar 
language. This also includes all accompanying 
communications. 
If you make such a payment or send any accompanying 
communications to any other address, we may reject it 
and return it to you. We may also accept it and process it 
without losing any of our rights. 
Credit Balances 
We may reject and return any payment that creates or 
adds to a credit balance on your Account. Any credit 
balance we allow will not be available until we confirm that 
your payment has cleared. We may reduce the amount of 
any credit balance by any new charges. You may write to 
the address provided on your Statement or call Customer 
Service to request a refund of any available credit balance. 

Account Default 
You will be in default if: 
(1) you do not make any payment when it is due; 
(2) any payment you make is rejected, not paid or cannot 

be processed; 

(3) you exceed a credit limit; 
(4) you file or become the subject of a bankruptcy or 

insolvency proceeding; 

(5) you are unable or unwilling to repay your obligations, 
including upon death or legally declared incapacity; 
(6) we determine that you made a false, incomplete or 

misleading statement to us, or you otherwise tried to 
defraud us; or 

(7) you do not comply with any term of this Agreement or 

any other agreement with us. 

If you are in default, we may take certain actions with 
respect to your Account. For example, depending on 
the default, we may take the following actions, without 
notifying you, unless the law says that we must give you 
notice: 
(1) charge you Fees, or change the APRs and Fees on 
your Account, if provided in your Truth-in-Lending 
Disclosures; 

(2) close or suspend your Account; 
(3) lower your credit limit(s); 
(4) demand that you immediately pay the total balance 

owing on your Account; 

(5)  continue to charge you Interest Charges and Fees as 
long as your balance remains outstanding; and/or 
(6) file a lawsuit against you, or pursue another action that 
is not prohibited by law. If we file a lawsuit, you agree to 
pay our court costs, expenses and attorney fees, unless 
the law does not allow us to collect these amounts. 

Communications 
You agree that we may communicate with you by mail, 
telephone, email, fax, prerecorded message, automated 
voice, text message or other means allowed by law 
regarding your Account. 
You agree that we may contact you at any telephone 
number (including a mobile telephone number that you 
provide us), and use an automated telephone dialing 
system or similar device to do so. You agree that we may 
monitor or record any conversation or other communication 
with you. 
Credit Reports 
We may report information about your Account to credit 
bureaus and others. Late payments, missed payments or 
other defaults on your Account may be reflected in your 
credit report. Information we provide may appear on your 
and the Authorized Users’ credit reports. 
If you believe that we have reported inaccurate information 
about your Account to a credit bureau or other consumer 
reporting agency, notify us in writing at PO Box 30258, 
Salt Lake City, UT 84130-0258. When you write, tell us the 
specific information that you believe is incorrect and why 
you believe it is incorrect. 
We may obtain and use credit, income and other 
information about you from credit bureaus and others as 
the law allows. 
Closing or Suspending Your Account 
You may contact Customer Service to ask us to close 
your Account. 
We may close or suspend your Account at any time and for 
any reason permitted by law, even if you are not in default. 

3 

WalterESmithe_CCA_CFPB_Q1_2018.indd   4

4/2/18   10:27 PM

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
   
 
 
 
If we close or suspend your Account for any reason, 
you must stop using your Card. You must also cancel all 
billing arrangements set up on the Account. If we close or 
permanently suspend your Account, you must return or 
destroy all Cards. You must still pay us all amounts you owe 
on the Account. 
Changes to Your Agreement 
At any time, we may add, delete or change any term of 
this Agreement, unless the law prohibits us from doing so. 
We will give you notice of any changes as required by law. 
We may notify you of changes on your Statement or in a 
separate notice. Our notice will tell you when and how the 
changes will take effect. The notice will describe any rights 
you have in connection with the changes. 
Your variable APRs (if applicable) can go up or down as 
the index for the rate goes up or down. If we increase your 
APRs for any other reason, or if we change your Fees or 
other terms of your Account, we will notify you as required 
by law. 
The Law That Applies to Your Agreement 
We make decisions to grant credit and issue you a Card 
from our offices in Virginia. This Agreement is governed 
by applicable federal law and by Virginia law. If any part of 
this Agreement is unenforceable, the remaining parts will 
remain in effect. 
Waiver 
We will not lose any of our rights if we delay or choose not 
to take any action for any reason. We may waive our right 
without notifying you. For example, we may waive your 
Interest Charges or Fees without notifying you and without 
losing our right to charge them in the future. 
Assignment 
This Agreement will be binding on, and benefit, any of your 
and our successors and assigns. You may not sell, assign 
or transfer your Account or this Agreement to someone 
else without our written permission. 
We may sell, assign or transfer your Account and this 
Agreement without your permission and without prior 
notice to you. Any assignee or assignees will take our 
place under this Agreement. You must pay them and 
perform all of your obligations to them and not us. If you 
pay us after we notify you that we have transferred your 
Account or this Agreement, we can return the payment to 
you, forward the payment to the assignee or handle it in 
another way that is reasonable. 

Glossary 
• “Account” means your Card Account with us. 
• “Authorized User” means a person who may use 
the Card but is not responsible for the repayment of 
the Account. 

• “Billing Cycle” means the period of time reflected 

on a Statement. This period may vary in length, but is 
approximately 30 days. You will have a Billing Cycle even if 
a Statement is not required. We will often specify a Billing 
Cycle by the month in which its closing date occurs. For 
example, a “March Billing Cycle” will have a closing date 
in March. We may also refer to a Billing Cycle as a “Billing 
Period”. If your Account balance has charged off, we may 
switch to quarterly Billing Cycles for your Account. 

• “Card” means any Capital One credit card associated 

with your Account. This includes all renewals and 
substitutions. It also means any other access device for 
your Account we give you that allows you to obtain credit, 
including any Account number. 

• “Credit Plans” mean the different parts of your Account 

we may establish that are subject to unique APRs, pricing 
or other terms. The sum of your Credit Plan balances 
equals your total Account balance. 

• “Fees” mean charges imposed on your Account not 

based on the Annual Percentage Rates. 

• “Interest Charges” mean any charges to your Account 
based on the application of Annual Percentage Rates. 

• “Item” means a check, draft, money order or other 

negotiable instrument you use to pay your Account. This 
includes any image of these instruments. This does not 
include an Access Check. 

• “Statement” means a document showing important 

Account information, including all transactions billed to 
your Account during a Billing Cycle and information about 
what you must pay. We may also refer to your Statement 
as a “Periodic Statement” or a “Billing Statement”. 
• “Truth-in-Lending Disclosures” means disclosures 
that the federal Truth in Lending Act and Regulation Z 
require for any Account. This includes your application 
and solicitation disclosures, Account opening disclosures, 
subsequent disclosures, Statements and change in terms 
notices. 

BR262481  M-111185 

4 

© 2015 Capital One
 
Capital One is a federally registered service mark.
 

WalterESmithe_CCA_CFPB_Q1_2018.indd   5

4/2/18   10:27 PM