Credit Card Agreement for GM Extended Family Card® in Capital One, N.A.
There are two parts to this Credit Card Agreement: Capital One Pricing Information and the Capital One Customer
Agreement. The Pricing Information shows a range of terms that includes both mail and online offers for new accounts
available under this Agreement as of March 31, 2016. 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
12.15% - 23.15%.
(APR) for Purchases
This APR will vary with the market based on the Prime Rate.
APR for Balance
12.15% - 23.15%.
Transfers
This APR will vary with the market based on the Prime Rate.
APR for Cash Advances
25.15%.
This APR will vary with the market based on the Prime Rate.
Penalty APR and
29.65%.
When It Applies
This APR will vary with the market based on the Prime Rate.
This APR may be applied to your account if you make a late payment.
How Long Will the Penalty APR Apply? If APRs are increased for a payment that is late, the
Penalty APR may apply indefinitely unless you make six consecutive minimum payments on
time following the rate increase.
Paying Interest
Your due date is at least 25 days after the close of each billing cycle. We will not charge
interest on new purchases, provided you have paid your previous balance in full by the due
date each month. We will begin charging interest on cash advances and special transfers on
the transaction date.
Minimum Interest Charge
If you are charged interest, the charge will be no less than $1.00.
Annual Fee
$0.
Transaction Fees
Balance Transfer Fee
None.
Cash Advance Fee
Either $10 or 3% of the amount of each cash advance, whichever is greater.
Foreign Transaction Fee
None.
Penalty Fees
Late Payment
Up to $35.
Over the Credit Limit Fee
None.
Returned Payment
Up to $25.
Balance Computation Method: Average Daily Balance (including new purchases)
The "Daily Balance" of a Credit Plan is determined by taking the opening balance of the Credit Plan for that day, and adding 1)
any new purchase made on the Credit Plan that day, 2) the previous day's Interest Charges, 3) any credit insurance premiums
or debt cancellation fees (if applicable) incurred on that day and 4) any late fees, over the credit limit fees, returned payment
fees or other fees incurred on that day and subtracting any payments or credit applied to the Credit Plan that day. If your
Account is subject to a grace period during the billing cycle, payments made during that cycle will be subtracted from all Daily
Balances in the current cycle.
Required Insurance, Debt Cancellation or Debt Suspension Coverage: None.
Disclosure of Rates: The Daily Periodic Rate which is used to determine your Interest Charges and the corresponding Annual
Percentage Rate, will be variable rates which may change monthly. The Daily Periodic Rate will be one-three hundred sixty
fifth of the sum of the U.S. prime rate published in Money Rates table of The Wall Street Journal that is in effect on the last
day of the month. ("Prime Rate"), plus a "Spread" of 8.65 to 19.65 percentage points for the Standard Rate and a "Spread" of
26.15 percentage points for the Penalty Rate. Any changes in the Prime Rate will take effect on the first day of your billing cycle
beginning in the next month.
Capital One® Customer Agreement
Welcome to Capital One
We may also increase, decrease, restrict or cancel your
Thank you for opening a credit card account with us.
credit limit on any Segment at any time. This will not affect
This Customer Agreement, including any changes to it
your obligation to pay us.
("Agreement"), contains the terms of your agreement with
Using Your Account
Capital One.
(1) This Agreement applies whether or not you use your
Definitions
Card or Account. It will continue to apply even after your
The meanings of the terms you see in italics appear in the
Account is closed, as long as you have a balance.
Glossary section at the end of this Agreement.
(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
As used here, "you" and "your" mean each applicant and CO-
to.
applicant for the Account; any person responsible for paying
(4) You must take reasonable steps to prevent the
the Account; and any person responsible for complying with
unauthorized use of your Card, Access Checks
this Agreement. "We", "us", "our" and "Capital One" mean
and Account.
Capital One, National Association and its agents, authorized
(5) We may decline to authorize a transaction for any
representatives, successors and assignees.
reason. This may occur even if the transaction would not
Account Documents
cause you to go over your credit limit or your Account is
The following documents govern your Account with us:
not in default.
(6) We are not responsible for any losses you incur if we do
(1) this Agreement;
not authorize a transaction.
(2) all Statements;
(7) We are not responsible for any losses you incur if
(3) any rewards program terms, conditions and disclosures;
anyone refuses to accept your Card for any reason.
(4) any privacy notices;
(8) Unless we tell you otherwise, we will bill each transaction
(5) your Card benefits brochure, which describes benefits
to the applicable Segment of your Account. We will apply
provided by the Payment Card Network for your Account;
it against your available credit for that Segment.
(6) all disclosures and materials provided to you before or
(9) You may obtain Balance Transfers and Cash Advances
when you opened your Account;
as permitted for your Account. You may not use these to
(7) any other documents and disclosures relating to your
pay any amount you owe us or any other company in the
Account, including those provided online; and
Capital One organization.
(8) any future changes we make to any of the above.
(10) You must not use, or try to use, the Card for any illegal
Please read these carefully and keep them for
activity. You are responsible for any charges if you do.
future reference.
(11) We are not liable for any losses that may result when
New Offers
our services are unavailable due to reasons beyond our
control.
In the future, we may provide you with new offers that we
think may interest you. The terms of these offers may differ
Rewards
from the standard terms on your Account. This Agreement
Your Account may provide you with the opportunity to earn
will still apply.
rewards. If it does, we will separately provide you with
information and terms about the rewards.
Account Information
We need information about you to manage your Account.
Access Checks
This includes:
We may provide you with Access Checks. If we do, we will
tell you at the time if we consider them purchases, Cash
(1) your legal name,
Advances or Balance Transfers.
(2) a valid U.S. mailing address and residential address
(if different),
Only the person we designate may use Access Checks. You
(3) your date of birth,
may not use them to pay any amount you owe us or any
(4) your Social Security number or other government
other company in the Capital One organization. We may
identification number,
reject and not pay any Access Check if:
(5) your telephone number(s), and
(1) your Account is past due, charged off, bankrupt, lost/
(6) your employment and income information.
stolen or closed;
You must tell us when this information changes. We may
(2) we suspect fraud;
ask you for additional documents to verify any changes. We
(3) your Account is over the credit limit; or
may restrict or close your Account if we cannot verify your
(4) the check has expired, is damaged or cannot otherwise
information, or if you do not provide it as requested.
be processed.
Credit Limits
Our liability if we do not pay an Access Check will never be
When you open your Account, we will tell you your credit
more than (1) your actual damages or (2) the amount of the
limits. These will also appear on your Statement. We may
Access Check, whichever is less.
also refer to your credit limits as your credit lines. We may
Use of an Access Check is not the same as using your Card.
give you different credit limits for the different Segments of
When you use an Access Check, you will have fewer rights
your Account. For example, you may have one credit limit for
to dispute merchant transactions than with uses of your Card.
purchases and a different one for Cash Advances.
Please see the "Billing Rights Summary" on your Statement
You are responsible for keeping track of your Segment
and your other Truth-in-Lending Disclosures for more
balances and your available credit. You must manage your
information.
Account to remain below your credit limits. We may honor
Stopping Payment of Access Checks
transactions above your credit limits, but if we do, these
You may request a stop payment on any Access Check by
transactions will not increase your credit limit. You are
contacting Customer Service.
responsible for paying for any transaction you make above
your credit limits.
We will have a reasonable amount of time after your
stop payment request to research and complete the stop
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payment. We will not be responsible if we cannot complete
If we credit your Account for all or part of a disputed
the stop payment. Reasons include:
transaction, you give us all of your rights against others
(1) the Access Check was already paid;
regarding that transaction. You will also:
(2) you do not give us the information we asked for; or
(1) give us any information about the disputed transaction, if
(3) the information you gave us was incorrect.
we ask;
We do not have to release the stop payment order unless
(2) not pursue any claim or reimbursement of the transaction
the account holder who made the request asks us to. If we
amount from the merchant or any other person; and
re-credit your Account after a valid stop payment order, you
(3) help us get reimbursement from others.
give us all of your rights against the payee or other holder
No Warranties
of the paid Access Check. You also agree to help us in any
We are not responsible for any claim you may have regarding
legal action we may later take against the payee or other
the purchase of goods or services made with your Card
holder of the check.
beyond your rights described in the "Billing Rights Summary"
Using a PIN
on your Statement.
We may give you a personal identification number (PIN). For
Lost or Stolen Card
security reasons, you may have to provide the PIN before
If your Card is lost or stolen or if you think someone else
you are able to use your Card.
may be using your Card or Account number without your
Keep your PIN secure. Do not write it down, give it to anyone
permission, you must contact Customer Service immediately.
or keep it with your Card. If you lose your Card or believe the
You will not be responsible for transactions on your Account
confidentiality of your PIN has been compromised for any
that we find are unauthorized.
reason, you must contact Customer Service immediately.
If we reimburse you for unauthorized transactions, you will
Authorized Users
help us investigate, pursue and get reimbursement from the
If you ask us to issue a Card to any other person, they are
wrongdoer. Your help includes giving us documents in a form
an Authorized User. We may require certain information
that we request.
about them. We may limit their ability to use your Card. They
Interest Charges and Fees
may have access to certain information about your Account.
We will charge Interest Charges and Fees to your Account
You will be responsible for their use of the Account and
as disclosed on your Statement and other Truth-in-Lending
anyone else they allow to use your Account, even if you did
Disclosures. In general, Interest Charges begin to accrue from
not want, or agree to, that use.
the day a transaction occurs. However, we will not charge
Removing an Authorized User
you interest on any new transactions posted to the purchase
If you want to remove an Authorized User from your Account,
Segment of your Account if you paid the total balance across
you must contact Customer Service and request their
all Segments of your Account in full by the due date on your
removal. You also must immediately destroy all Cards in their
Statement each month. From time to time, we may give you
possession and cancel any arrangements they may have set
offers that allow you to pay less than the total balance and
up on your Account. They will be able to use your Account
avoid Interest Charges on new purchase Segment transactions.
until you have notified us that you are removing them from
If we do, we will provide details in the specific offer.
your Account. During this time, you will still be responsible
We will generally treat Fees as purchase transactions unless
for all amounts they charge to your Account. You will be
otherwise specified below. These Fees apply to your Account
responsible even if these amounts do not appear on your
only if your Truth-in-Lending Disclosures provide for them. We
Account until later.
may increase your Interest Charges and Fees as described in
Authorized Users may remove themselves from your Account
the Changes to Your Agreement section or in your Truth-in-
upon request. We reserve the right to remove them from your
Lending Disclosures.
Account for any reason. To remove them from your Account,
Membership Fee
we may close your existing Account and issue a new Card
If your Account has a membership Fee, we may charge the
with a new Account number.
first membership Fee either on the day you activate your
Your Promise to Pay
Card or on the day when you use your Account, whichever
You promise to pay us all amounts due on your Account.
occurs first. If your Account terms include a $0 introductory
This includes amounts where you did not sign a purchase
Fee, we may charge the first Fee when the introductory
slip or other documents for the transaction. We will treat
period ends. If it is an annual Fee, we may then charge it
transactions made without presenting your actual Card (such
approximately once per year. If it is a monthly Fee, we may
as for mail, telephone, Internet or mobile device purchases)
charge it each Billing Cycle.
the same as if you used the Card in person. If you let
Late Payment Fee
someone else use your Card, you are responsible for all
We may charge you this Fee if we do not receive your
transactions that person makes.
payment as instructed on your Statement by the payment
Statements
due date.
We will generally send or make available to you one
Returned Payment Fee
Statement for all Cards on your Account at the end of each
We may charge you this Fee each time your financial
Billing Cycle. Under certain circumstances, the law may not
institution for any reason rejects a payment you make to us.
require us to send or make available to you a Statement, or
may prohibit us from doing so.
Stop Payment Fee
We may charge you this Fee each time you ask us to (1)
Disputed Transactions
stop payment on an Access Check or (2) renew an existing
You must inspect each Statement you receive. Tell us about
stop payment order.
any errors or questions you have, as described in the "Billing
Cash Advance Fee
Rights Summary" on your Statement and other Truth-in-
Lending Disclosures. If you do not notify us of an error, we will
We may charge you this Fee each time you take out a
assume that all information on the Statement is correct.
Cash Advance. We will treat this Fee as a Cash Advance
transaction.
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Balance Transfer Fee
account. You also authorize us to process the payment as an
We may charge you this Fee each time you make a Balance
Item. We may withdraw the funds from your deposit account
Transfer. We will charge the Fee to the Balance Transfer
as early as the same day we receive your payment. You will
Segment.
not receive your Item back from your bank. We will provide
additional information about this process on your Statement.
Transactions Made in Foreign Currencies
If you make a transaction in a foreign currency, the Payment
We may use the information from an Item to create an
Card Network will convert it into a U.S. dollar amount. The
electronic image. We may collect and return the image
Payment Card Network will use its own currency conversion
electronically. This electronic image may also be converted
procedures. The conversion rate in effect on the processing
to a substitute check and may be processed in the same
date may differ from the rate in effect on the transaction
way we would process an Item. We will not be responsible if
date that appears on your Statement. We do not adjust the
an Item you provide has physical features that when imaged
currency exchange rate or charge any currency conversion
result in it not being processed as you intended.
Fees.
How We Apply Your Payments
Minimum Payment
Your Account may have Segments with different Annual
You must pay us at least the minimum payment amount by
Percentage Rates (APR). For example, purchases may
the payment due date. Your Statement will tell you:
have a lower APR than Cash Advances. If your Account has
Segment balances with different APRs, here is how we apply
(1) the minimum payment due,
payments in a Billing Cycle:
(2) your new balance,
(3) the payment due date and
(1) We generally apply payments up to your minimum
(4) an explanation of when the payment must reach us for us
payment first to the balance with the lowest APR, and
to consider it received as of that date.
then to balances with higher APRs.
(2) We apply any part of your payment exceeding your
Returns and other credits to your Account will reduce your
minimum payment to the balance with the highest APR,
Account balance, but they will not change your minimum
and then to balances with lower APRs.
payment amount.
We do this based on the APRs in effect and balances owed
In addition to the minimum payment, you may pay all or
on the day your preceding Billing Cycle ended.
part of the total balance on your Account. But, you must
still pay at least the minimum payment amount each month,
Items with Restrictive Words, Conditions,
even if you paid more than the minimum payment due on
or Instructions
the previous Statement. We will continue to charge Interest
You must mail all Items bearing restrictive words, conditions,
Charges during Billing Cycles when you carry a balance
limitations or special instructions to:
regardless of whether your Statement includes a minimum
Capital One
payment that is due. If your Account is 180 days past due, is
PO Box 1330
part of a bankruptcy proceeding, or is otherwise charged off,
Charlotte, NC 28201-1330
the total balance is immediately due and payable.
This includes Items marked "Paid in Full" or similar language.
Making Payments
This also includes all accompanying communications.
Your payment must be made in U.S. dollars from a U.S.
deposit account in a form acceptable to us. We do not
If you make such a payment or send any accompanying
accept cash payments through the mail. You may not make
communications to any other address, we may reject it and
payments with funds from your Account or any other credit
return it to you. We may also accept it and process it without
account with us or any other company in the Capital One
losing any of our rights.
organization. You must send mailed payments to us as
Credit Balances
instructed on your Statement, unless we tell you otherwise.
We may reject and return any payment that creates or adds
Other Payment Services
to a credit balance on your Account. Any credit balance we
We may make services available that allow you to make
allow will not be available until we confirm that your payment
faster or recurring payments online or by telephone. We
has cleared. We may reduce the amount of any credit
will describe the terms for using these services and any
balance by any new charges. You may write to the address
applicable Fee before you use them. You do not have to use
provided on your Statement or call Customer Service to
these other payment services.
request a refund of any available credit balance.
Account Default
We are not responsible if your financial institution rejects a
payment made using our payment services.
You will be in default if:
If you ask someone else to make a payment for you, we
(1) you do not make any payment when it is due;
may provide that person with limited Account information
(2) any payment you make is rejected, not paid or cannot be
necessary to set up and process that payment. We may also
processed;
refuse to accept that payment. If we do accept it, you will
(3) you exceed a credit limit;
be responsible for that payment even if a financial institution
(4) you file or become the subject of a bankruptcy or
rejects it.
insolvency proceeding;
(5) you are unable or unwilling to repay your obligations,
Payment Processing
including upon death or legally declared incapacity;
We may accept and process payments without losing any
(6) we determine that you made a false, incomplete or
of our rights. We may delay the availability of credit until we
misleading statement to us, or you otherwise tried to
confirm that your payment has cleared. This may happen even
defraud us; or
if we credit your payment to your Account. We may resubmit
(7) you do not comply with any term of this Agreement or any
and collect returned payments electronically. If necessary, we
other agreement with us.
may adjust your Account to correct errors, process returned
and reversed payments and handle similar issues.
If you are in default, we may take certain actions with respect
to your Account. For example, depending on the default, we
When you send us an Item as payment, you authorize us to
may take the following actions, without notifying you, unless
make a one-time electronic fund transfer from your deposit
the law says that we must give you notice:
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(1) charge you Fees, or change the APRs and Fees on your
Waiver
Account, if provided in your Truth-in-Lending Disclosures;
We will not lose any of our rights if we delay or choose not
(2) close or suspend your Account;
to take any action for any reason. We may waive our right
(3) lower your credit limit(s);
without notifying you. For example, we may waive your
(4) demand that you immediately pay the total balance owing
Interest Charges or Fees without notifying you and without
on your Account;
losing our right to charge them in the future.
(5) continue to charge you Interest Charges and Fees as long
as your balance remains outstanding; and/or
Assignment
(6) file a lawsuit against you, or pursue another action that is
This Agreement will be binding on, and benefit, any of your
not prohibited by law. If we file a lawsuit, you agree to pay
and our successors and assigns. You may not sell, assign
our court costs, expenses and attorney fees, unless the
or transfer your Account or this Agreement to someone else
law does not allow us to collect these amounts.
without our written permission.
Communications
We may sell, assign or transfer your Account and this
You agree that we may communicate with you by mail,
Agreement without your permission and without prior notice
telephone, email, fax, prerecorded message, automated
to you. Any assignee or assignees will take our place under
voice, text message or other means allowed by law
this Agreement. You must pay them and perform all of
regarding your Account.
your obligations to them and not us. If you pay us after we
notify you that we have transferred your Account or this
You agree that we may contact you at any telephone number
Agreement, we can return the payment to you, forward the
(including a mobile telephone number that you provide us),
payment to the assignee or handle it in another way that is
and use an automated telephone dialing system or similar
reasonable.
device to do SO. You agree that we may monitor or record
any conversation or other communication with you.
Glossary
"Access Check" means any check we send to you to
Credit Reports
access credit from your Account. We may also refer to
We may report information about your Account to credit
an Access Check as a "convenience check" or a "purchase
bureaus and others. Late payments, missed payments or
check".
other defaults on your Account may be reflected in your
credit report. Information we provide may appear on your
"Account" means your Card Account with us.
and the Authorized Users' credit reports.
"Authorized User" means a person who may use
If you believe that we have reported inaccurate information
the Card but is not responsible for the repayment of
about your Account to a credit bureau or other consumer
the Account.
reporting agency, notify us in writing at PO Box 30258,
"Balance Transfer" means an amount posted to the
Salt Lake City, UT 84130-0258. When you write, tell us the
Balance Transfer Segment of your Account unless otherwise
specific information that you believe is incorrect and why you
described in your Truth-in-Lending Disclosures.
believe it is incorrect.
"Billing Cycle" means the period of time reflected
We may obtain and use credit, income and other information
on a Statement. This period may vary in length, but is
about you from credit bureaus and others as the law allows.
approximately 30 days. You will have a Billing Cycle even if a
Closing or Suspending Your Account
Statement is not required. We will often specify a Billing Cycle
You may contact Customer Service to ask us to close
by the month in which its closing date occurs. For example,
your Account.
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
We may close or suspend your Account at any time and for
Account balance has charged off, we may switch to quarterly
any reason permitted by law, even if you are not in default.
Billing Cycles for your Account.
If we close or suspend your Account for any reason,
"Card" means any Capital One credit card associated with
you must stop using your Card. You must also cancel all
your Account. This includes all renewals and substitutions.
billing arrangements set up on the Account. If we close or
It also means any other access device for your Account
permanently suspend your Account, you must return or
we give you that allows you to obtain credit, including any
destroy all Cards. You must still pay us all amounts you owe
Account number.
on the Account.
"Cash Advance" means a loan in cash or things we
Changes to Your Agreement
consider cash equivalents, including wire transfers,
At any time, we may add, delete or change any term of
traveler's checks, money orders, foreign currency, lottery
this Agreement, unless the law prohibits us from doing so.
tickets, gaming chips and wagers. We post Cash Advances
We will give you notice of any changes as required by law.
to the Cash Advance Segment of your Account and not to
We may notify you of changes on your Statement or in a
your purchase Segment.
separate notice. Our notice will tell you when and how the
"Fees" mean charges imposed on your Account not based
changes will take effect. The notice will describe any rights
on the Annual Percentage Rates.
you have in connection with the changes.
"Interest Charges" mean any charges to your Account
Your variable APRs (if applicable) can go up or down as the
based on the application of Annual Percentage Rates.
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
"Item" means a check, draft, money order or other
of your Account, we will notify you as required by law.
negotiable instrument you use to pay your Account. This
The Law That Applies to Your Agreement
includes any image of these instruments. This does not
include an Access Check.
We make decisions to grant credit and issue you a Card
from our offices in Virginia. This Agreement is governed by
"Payment Card Network" means the network provider
applicable federal law and by Virginia law. If any part of this
displayed on your Card. This may be Visa Inc., MasterCard
Agreement is unenforceable, the remaining parts will remain
International Incorporated or any other network provider.
in effect.
"Segments" means the different parts of your Account we
may establish that are subject to unique APRs, pricing or
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other terms. We create these parts of your Account for such
things as your purchases, Balance Transfers and Cash
Advances. The sum of your Segment balances equals your
total Account balance.
"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.
Capital( One
© 2015 Capital One
Capital One is a federally registered service mark.
All rights reserved.
BR264173 M-111305
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