CREDIT AGREEMENT AND TRUTH IN LENDING DISCLOSURES
New York Residents: RETAIL INSTALMENT CREDIT AGREEMENT
1. We May Assign Our Interest in Obligations Owed Pursuant to This
Interest Rates and Interest Charges
Agreement: We may assign our interest in any obligations owed pursuant to the
Agreement to Tidewater Finance Company™ Box 13306, Chesapeake,
Annual Percentage
Rate (APR) for
31.99%
VA 23325. Phone 1-888-413-1083, though we are not obligated to do so. We
Purchases
may also assign the Agreement at our discretion to any party we choose.
Tidewater Finance Company will service your Account on our behalf.
2. Use of Account and Your Promise to Pay: Your Account is a credit line in
Your due date is at least 25 days after the close of
the amount of your credit limit, which will be communicated to you at the time of
How to Avoid Paying
each billing cycle. We will not charge you any
credit approval. You may use the Account to make Purchases in accordance with
Interest
interest on purchases if you pay your entire
the terms of this Agreement. Any Purchases will reduce the credit available under
balance by the due date each month.
the credit limit by the amount of the Purchase. As you repay those amounts, your
available credit will be restored by the amounts you repay (though there may be
a delay in restoring available credit until after we receive funds from your bank).
If we allow you to make Purchases that exceed your credit limit, you agree to
If you are charged interest, the charge will be no
repay those amounts immediately upon demand. You may access the unused
Minimum Interest Charge
less than $0.50.
portion of the credit limit so long as you are not in default under this Agreement.
You agree to pay for all Purchases You or anyone you authorize to use the
Account charge to the Account, and all other charges assessed to the Account
For Credit Card Tips
To learn more about factors to consider when
under the terms of this Agreement. When You sign the Application You agree to
from the Consumer
applying for or using a credit card, visit the website
every term in this Agreement. Therefore, read this entire Agreement, including
Financial Protection
of the Consumer Financial Protection Bureau at
the cost-of-credit disclosures required by federal and/or state law, before You
Bureau ("CFPB")
http://www.consumerfinance.gov/learnmore
sign.
3. The Cost of Credit:
Fees
A. Interest Charge Accruals: An interest charge will accrue from the date
of any Purchase or other advance you make pursuant to this Agreement.
Annual Fee
None
B. Promotional Plan ("Promotional Plan"): If we offer You a Promotional
Plan, including any deferred interest financing program, we will
Penalty Fees
communicate the terms of the Promotional Plan at the time of the offer. If
Late Payments
Up to $35
the Promotional Plan is a deferred interest program, you must make timely
minimum monthly payments and must pay your promotional balance in full
Dishonored Payments
Up to $35
within the promotional period in order to avoid being assessed interest
charges that accrue during the promotional period from the date of the
purchase. If you fail to do so, you must repay all interest that has accrued
Military Lending Act Disclosure: Federal law provides important
on the promotional balance during the promotional period.
protections to members of the Armed Forces and their dependents
C. Monthly Terms: An interest charge will be imposed at the monthly
relating to extensions of consumer credit. In general, the cost of
periodic rate of 2.666%, which equates to an annual percentage rate of
consumer credit to a member of the Armed Forces and his or her
31.99%. Interest charges will accrue from the Purchase date, except that
dependent may not exceed an annual percentage rate of 36 percent.
no interest charges will be imposed in any billing cycle in which (a) there is
This rate must include, as applicable to the credit transaction or
no balance at the beginning of the billing cycle, or (b) payments received
account: The costs associated with credit insurance premiums; fees
and credit issued within 25 days after the cycle closing date shown on the
for ancillary products sold in connection with the credit transaction;
monthly statement equal or exceed the cycle opening balance. At any time,
any application fee charged (other than certain application fees for
You may pay Your total unpaid balance including any accrued interest
specified credit transactions or accounts); and any participation fee
and/or other charges without a penalty.
charged (other than certain participation fees for a credit card
D. We Compute the Interest Charge Using the Average Daily Balance
account). To hear disclosures related to the Military Lending Act,
Method: We compute the interest charge on the Account by applying the
please call this toll-free number: 1-800-844-8249..
monthly periodic rate shown to the average daily balance (including new
purchases) of the Account. To get each day's daily balance, we take the
Account's balance at the beginning of the day, add any new Purchases, and
How We Will Calculate Your Balance: We use a method called "Average
subtract all payments or credits. This gives us the daily balance. Any unpaid
Daily Balance" (including new purchases). See your account agreement for
late fees, returned payment fees, or convenience fees, and any accrued and
more details.
unpaid interest charges are not added to the daily balance and are not part
of the Average Daily Balance. Any negative balance (a credit balance) is
Billing Rights: Information on your rights to dispute transactions and how to
treated as $0. Notwithstanding anything to the contrary above, any portion
exercise these rights is provided in your Agreement.
of a balance that is repaid while subject to a grace period for interest
This is a consumer credit contract.
Purchases is excluded from the average daily balance and will not incur
This Credit Agreement ("Agreement") is our contract with you. Please read
interest charges. We then add up all the daily balances for the billing cycle
it carefully. In this Credit Agreement:
and divide the total by the number of days in the billing cycle, which gives
"Account" means the open end credit account You establish with Mid America
us the Average Daily Balance.
Bank & Trust Company, Dixon, MO under this Agreement. "Application" means
E. Billing Statements and Billing Error Rights: We will provide a periodic
your request for credit (opening of this Account) that You signed. "Purchase"
billing statement at the end of each billing cycle in which you have account
means a transaction made on your Account to purchase goods or services from
activity or a credit or debit balance. The periodic billing statement will show
the retailer identified in the application for this Agreement. "We," "us," and "our"
your Account balance at the end of the billing cycle reflected in the statement
refer to Mid America Bank & Trust Company and any person to whom Bank
("New Balance"), your Minimum Payment Due and other Account information
assigns this Agreement or its rights and/or obligations under the Agreement
(including transactions and charges). Information about Your right to dispute
("Assignee"). "You," "you," Your" or "your" means every individual who signs the
transactions is included in Paragraph 22 of this Agreement.
Application for the Account and who is authorized to charge purchases of goods
F. Minimum Interest Charges: If the interest charge resulting from
to the Account.
application of the above stated monthly periodic rate is less than $.50, we
will impose a minimum finance charge of $.50.
Version 8-2017
G. Additional Fees and Charges: If you make an expedited payment with
claims arising in whole or in part from a federal statute, including the
the assistance of a customer service representative, you will be charged a
Truth-in-Lending Act, Fair Credit Reporting Act, Equal Credit
convenience fee of $8.00, except as prohibited by applicable law.
Opportunity Act, FTC Act, or the Consumer Financial Protection Act of
4. The Amount of Your Monthly Minimum Payment: Your monthly minimum
2010; and
payment ("Minimum Payment Due") is the greater of 7.5% of the New Balance
claims regarding this agreement to arbitrate, including whether it is
reflected on your billing statement or $75, but in no case will the Monthly Minimum
void, voidable, a contract of adhesion, fails for lack of consideration, is
Payment Due exceed $250. The Total Payment Due may exceed $250 if the
procedurally or substantively unconscionable, or is contrary to public
account is delinquent. We reserve the right to change your minimum payment
policy.
requirements from time to time, subject to any notice requirements.
You and we agree that an arbitrator, not a federal or state court, regulatory agency
5. How We Will Apply Your Payments: We will apply payments we receive in
or public or private mediator, has the exclusive authority to resolve all Claims.
the following order: first, to accrued late fees and credit service charges, next to
You or we may elect that a Claim be resolved by arbitration. If we elect to require
the oldest past due minimum payment, then the next oldest past due minimum
that a Claim be resolved by arbitration but you do not exercise your right to elect
payment, etc.; second, to the current minimum payment due; third, to other unpaid
that the Claim be arbitrated, the Claim will be arbitrated. If neither we nor you elect
fees arising under this Agreement, except we will apply payments in a different
arbitration, the Claim will not be resolved by arbitration but will be litigated in court.
order where required or allowed by law.
All arbitration under this Paragraph 8 will be by and under the rules (the "Rules")
6. What Happens if You Break Your Promises and Default: If you do not pay
of the American Arbitration Association ("AAA") in effect when the Claim is made.
any Minimum Payment Due on time (or within 10 days of the due date in IA), or,
We will substitute another nationally recognized arbitration organization using
to the extent not prohibited by law, if the prospect of payment or performance is
procedures similar to the Rules if AAA does not serve or if you ask us to. For the
significantly impaired, the Account will be in default. Subject to any notice and
AAA Rules currently in effect, call AAA at 800-925-0155 or visit its website
right you may have to cure the default, we may declare the entire unpaid balance
(http://www.adr.org).
on the Account due and payable (except in WI you will not be in default until you
If we or you request arbitration of a Claim, you and we will not have the right to
fail to make a Minimum Payment Due on two occasions within any 12-month
litigate the Claim in court. This means:
period). If after default the Account is referred to an attorney who is not our
there will be no judge or jury trial on the Claim;
salaried employee, you agree to pay our reasonable attorney's fees, to the extent
no pre-arbitration discovery will be permitted except as the Rules
not prohibited by law. You also agree to pay reasonable collection costs and court
permit;
costs incurred in collecting on this Agreement or enforcing our rights in the
you will arbitrate your Claim only no Claim can be arbitrated on a
Agreement, to the extent not prohibited by law. Notwithstanding anything to the
class or representative basis;
contrary above: Utah residents: Collection Fees and Rights Upon Default: You
neither we nor you will have the right to participate as a representative
understand and accept that if you fail to pay your account by the scheduled due
or member of any class of persons pertaining to any Claim being
date, We may refer your delinquent account to an attorney or a third party
arbitrated; and,
collection agency to collect what you owe, and you are responsible for paying
an arbitrator will have no power or authority to arbitrate Claims of
the attorney fees or third party collection agency fees which may be based on a
multiple persons simultaneously or in conjunction with one another.
percentage at a maximum of 40 percent (40%) of your delinquent account,
Generally, an arbitrator's decision is final and binding. Other rights you would
together with all costs and expenses. Attorney Fees available to Non-Defaulting
have in court may not be available in arbitration. Neither you nor we waive the
Party: In the event either party defaults in any of the terms or provisions of this
right to arbitrate by filing suit until a final judgment is rendered.
Agreement, the non-defaulting party shall be entitled to recover its, his or her,
Arbitration hearings will take place in the federal judicial district in which you
reasonable attorney's fees, whether or not suit is commenced or final judgment is
reside. If you ask us in writing, we will temporarily advance you the filing,
obtained.
administrative, and hearing fees for the arbitration of your Claim against us (but
New Hampshire residents: If you successfully assert a partial defense or
not if the Claim is against you) in excess of any filing fee you would have had to
counterclaim, the court may withhold part or all of any attorney's fees to which we
pay to file the Claim in a state or federal court (whichever is less) in the judicial
may be entitled. Texas Residents: If you are in default, we may require you to
district in which you reside. The arbitrator will decide if you have to repay the
repay the entire unpaid principal balance, and any accrued interest at once. You
advance. If you must repay, you agree to do SO. The arbitrator may make other
agree that we do not have to give you notice that we are demanding or intend to
rulings regarding your and our payment of filing, administrative, and hearing fees
demand immediate payment of all that you owe.
as required by law or necessary to assure that this Paragraph 8 is enforceable.
7. How You Must Contact Us If You Try to Settle the Account for Less Than
Unless unlawful, you and we will each pay our own lawyers', experts' and witness
the Total Unpaid Balance: All communications about disputed amounts,
fees in all situations related to arbitration.
including any check or other payment instrument in any amount less than the total
Paragraph 8 is governed by the Federal Arbitration Act ("FAA"). The arbitrator
unpaid balance that is marked "paid in full," any payment tendered with conditions
will apply substantive law consistent with the FAA. The arbitrator will apply all
or limitations, or that you otherwise tender as full satisfaction of a disputed
applicable limitations periods and will honor all valid privilege and work-product
amount, must be directed to customer service at our street address shown on
claims. If the Rules and Paragraph 8 conflict, Paragraph 8 governs. Either you
your monthly statement. We will not lose any of our rights by depositing such a
or we may enter judgment on the arbitrator's award in any court with jurisdiction.
payment. See Paragraph 16.
The arbitrator's decision will be final and binding, except for any appeal right under
8. Arbitration of Disputes-No Jury Trials or Class Actions:
the FAA. Unless otherwise ordered by the arbitrator, the appealing party will pay
COVERED MILITARY BORROWERS: If you are a "covered borrower," as
appeal costs.
defined under the Military Lending Act, 10 U.S.C. § 987, as amended, (i) the
You may opt out of this Paragraph 8 by sending a notice of your election to
"Arbitration Provision," (ii) any waiver of right to legal recourse under any state
do so to Tidewater Finance Company™ P.O. Box 13306, Chesapeake, VA
or federal law and (iii) any other provision in this Agreement that is not
23325-3306. The election to opt out must be signed by all persons obligated
enforceable against you under the Military Lending Act does not apply to you so
on the account and postmarked no later than 10 days from the date of this
long as you are a "covered borrower."
Agreement.
This paragraph describes Claims that will be arbitrated instead of litigated in court.
9. What You Agree to Pay if a Payment Is Dishonored: If you use a check
Claims include, but are not limited to, disputes, rights, actions and claims between
or electronic payment to make payment on the Account and it is returned or
you and us which preceded or directly or indirectly arose from this Agreement or
dishonored for any reason, including insufficient funds, we may impose a fee of
the relationship between you and us involving this Agreement. You and we agree
$26 that will be charged to the Account, except that if a payment is returned or
to arbitrate all Claims in any way related to the formation, interpretation, execution,
dishonored again within six billing cycles of a prior return or dishonor, you will
performance and enforcement of this Agreement.
be charged $35. However, the amount of the fee will not exceed the amount of
Claims to be arbitrated include:
the required minimum periodic payment due immediately prior to assessment
tort claims, whether unintentional, intentional, negligent or grossly
of the fee.
negligent;
10. What You Agree to Pay if Your Payment is Late: If we do not receive a
express or implied contract claims;
monthly minimum payment within 10 days of its due date, we will impose a late
claims based directly or indirectly on the Uniform Commercial Code or
fee in the amount of $26, except that if you are late again within six billing cycles
other state law or regulation;
of a prior violation, you will be charged $35. However, the late fee will not exceed
Version 8-2017
the amount of the returned minimum periodic payment due immediately prior to
lowa Residents: This is a consumer credit transaction.
assessment of the late fee.
Maryland Residents: This Agreement is governed by Subtitle 9, Title 12 of the
11. How We May Cancel or Limit Your Credit: We have the right at any time to
Maryland Commercial Law Article.
limit or terminate the use of the Account and increase or reduce the credit limit
Missouri Residents: Oral agreements or commitments to loan money,
without giving you advance notice, except to the extent prohibited by applicable
extend credit or to forbear from enforcing repayment of a debt including
law. If our authorization system is not working, we may be unable to authorize
a
promises to extend or renew such debt are not enforceable. To protect you
transaction even if you have sufficient available credit. We will not be liable to
(borrower(s)) and us (creditor) from misunderstanding or disappointment,
you if this happens. We are not responsible for the refusal of anyone to accept or
any agreements we reach covering such matters are contained in this
honor an additional Purchase on the Account. If you close the Account, you
writing, which is the complete and exclusive statement of the agreement
remain responsible for any unpaid balance.
between us, except as we may later agree in writing to modify it.
12. How The Account May Be Closed If It Is Not Used: We will treat the Account
New Hampshire Residents: You will be entitled to reasonable attorney's
as closed if: (1) It has a zero balance; and (2) You do not use any of its available
fees if you prevail in any action, suit or proceeding brought by you or us.
credit within 12 months of the balance reaching zero (18 months in CA).
If you successfully assert a partial defense or set-off, recoupment or
13. We May Change this Agreement: We may change any term of this
counterclaim to an action brought by us, the court may withhold from us
Agreement, including the Annual Percentage Rate of interest charges, by
the entire amount or such portion of the attorney fees as the court
furnishing you any notice of the change required by law and, if required, an
considers equitable.
opportunity to reject the change. If permitted by law, we may apply any new terms
New Jersey Residents: This agreement applies to residents of multiple states,
to existing Account balances and later transactions.
and certain provisions in this agreement may be void, unenforceable or
14. We May Investigate and Report Your Credit: You authorize us to investigate
inapplicable to residents in states other than New Jersey. None of these
your credit history by obtaining credit reports and making direct inquiries of
provisions are void, unenforceable or inapplicable to New Jersey
businesses including, but not limited to where you have accounts, places where
residents. However, please note that, if you reside in New Jersey, any collection
you work(ed), and your landlord(s). We may request credit reports from credit
fees imposed upon default are limited to 20% of the principal balance and
reporting agencies to consider your Application and in connection with updates,
interest outstanding. In addition, we will not accelerate the balance solely on the
renewals, extensions of additional credit or collection of the Account. If you
basis that we deem ourselves to be insecure.
request, we will tell you if a credit report was requested and the name and address
New York Residents: New York residents may contact the New York state department
of the credit reporting agency that furnished the report. You also authorize us to
of financial services by telephone or visit its website for free information on comparative
report your performance under this Agreement to credit reporting agencies, and
credit card rates, fees, and grace periods. Call 1-800-342-3736 or visit www.dfs.ny.gov.
others who may legally receive such information. Important Information About
NOTICE TO THE CONSUMER: 1. Do not sign this credit agreement before
Credit Reporting: We may report information about your account to credit
you read it or if it contains any blank space. 2. You are entitled to a
bureaus. Late payments, missed payments, or other defaults on your
completely filled in copy of this credit Agreement.
account may be reflected in your credit report.
South Carolina Residents: The arbitration provision in this Note is not
15. How You May Dispute the Accuracy of Credit Information We Report
governed by the South Carolina Uniform Arbitration Act.
About You: If you believe we have reported inaccurate information about you to
Texas Residents: This written loan agreement represents the final agreement
a credit reporting agency, please contact us though our servicer, Tidewater
between the parties and may not be contradicted by evidence of prior,
Finance Company™ at P.O. Box 13306, Chesapeake, VA 23325-3306. When
contemporaneous, or subsequent oral agreements of the parties. There are
you contact us, identify the information in question, tell us why you believe it is
no unwritten oral agreements between the parties.
inaccurate, and provide any documentation that supports your belief. If you have
Utah Residents: As required by Utah law, you are hereby notified that a
a credit report that includes the information that you believe is inaccurate, send a
negative credit report reflecting on your credit record may be submitted to
copy of that report to assist our investigation.
a credit reporting agency if you fail to fulfill the terms of your credit
16. We Do Not Waive Our Rights: You agree we have the right to delay or refrain
obligations.
from enforcing our rights under this Agreement without waiving them. For
West Virginia Residents: The provisions of this Agreement that purport to require
example, and without limitation, we may extend the time you have to make a
you to pay attorneys' fees and collection costs are void.
payment without extending the time to make other payment(s); we may accept
For Married Wisconsin Residents: You agree that this obligation is or will be
postdated checks, payments tendered with conditions or limitations and accept
incurred in the interest of the marriage or the family.
late or partial payments without waiving our right to demand that future payments
be made in full when they are due; and we may forgive a particular charge or fee
NOTICE: As part of the bargained for consideration in this Agreement that
without waiving our right to impose that charge or fee in the future. We will not be
is granted in this Account, You consent to us and any servicer of the
liable for depositing postdated checks you may send.
Account placing calls and sending text and email messages regarding the
17. We May Monitor and/or Record Telephone Calls: To assure that you
Account to any phone number or email address now or in the future
receive the best possible customer service and that our employees comply with
associated with you, that wireless service providers may charge you for
the law and our policies, you agree that telephone calls may be recorded or
such communications, and you consent to our use of prerecorded or
listened to by us.
artificial voice messages and automatic dialing devices for such
18. You Must Notify Us When Your Address Changes: You agree to promptly
communications. You further agree that for Application and collection
notify us in writing of your new address if you move or change your mailing
purposes, we may contact your employer, landlord, references and relatives to
address. Until you give us notice of a new address, we may send monthly
verify your employment, residence, or location unless prohibited by law.
statements and other notices to the address we have on record for
the Account.
19. What Law Governs This Agreement: This Agreement will be construed,
Patriot Act Notice: Federal law requires all financial institutions to obtain,
applied, and governed by federal law, and to the extent not preempted by federal
verify and record information that identifies each person who opens an
law, the laws of the State of Missouri (pursuant to Missouri Revised Statute
account, including your name, address, date of birth and other
408.145, we rely on Nebraska law for rates and fees imposed under this
information that will allow us to verify your identity.
Agreement). Our ability to collect attorneys' fees, collection and court costs will
be governed by the law of your state of residence. The Agreement is the final
expression of the credit agreement between the parties and it may not be
NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT AGREEMENT IS
contradicted by evidence of an alleged oral agreement.
SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD
20. When This Agreement Becomes Effective: This Agreement is not effective
ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED
until we approve your Application and you or someone authorized by you signs
WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE
an invoice or otherwise charges a purchase to the Account.
DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR
21. Additional Federal and State Law Disclosures:
HEREUNDER.
Delaware Residents: You may pay the outstanding balance of your Account in full
at any time without penalty. Service charges not in excess of those permitted by law
will be charged on the outstanding balances from month to month.
Version 8-2017
22. YOUR BILLING RIGHTS
While we investigate, the same rules apply to the disputed amount as discussed
KEEP THIS NOTICE FOR FUTURE USE
above. After we finish our investigation, we will tell you our decision. At that
This notice tells you about your rights and our responsibilities under the Fair Credit
point, if we think you owe an amount and you do not pay, we may report you
Billing Act.
as delinquent.
What To Do If You Find A Mistake On Your Statement
If you think there is an error on your monthly statement, write to us at the address
listed on your statement. 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 monthly
statement, 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 monthly 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 many
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 is 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 monthly statement 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
account 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:
Tidewater Finance Company
P.O. Box 13306
Chesapeake, VA 23325-3306,
Version 8-2017
Rev 10/15
TIDEWATER
Mid
merica Bank
TFC
FINANCE COMPANY™
& Trust Company
Privacy Policy
Account Issued by: Mid America Bank & Trust Company
Serviced by: Tidewater Finance CompanyTM
WHAT DOES MID AMERICA BANK & TRUST COMPANY DO WITH
FACTS
YOUR PERSONAL INFORMATION?
Why?
Financial companies choose how they share your personal information. Federal law gives
consumers the right to limit some but not all sharing. Federal law also requires us to tell you
how we collect, share, and protect your personal information. Please read this notice
carefully to understand what we do.
What?
The types of personal information we collect and share depend on the product or service
you have with us. This information can include:
Social Security number and transaction history
Account balances and payment history
Credit history and credit scores
How?
All financial companies need to share customers' personal information to run their everyday
business. In the section below, we list the reasons financial companies can share their
customers' personal information; the reasons Mid America Bank & Trust Company chooses
to share; and whether you can limit this sharing.
Does Mid America
Bank & Trust
Can you limit this
Reasons we can share your personal information
Company share?*
sharing?
For our everyday business purposes-
such as to process your transactions, maintain your
Yes
No
account(s), respond to court orders and legal investigations, or
report to credit bureaus
For our marketing purposes-
Yes
No
to offer our products and services to you
For joint marketing with other financial companies
Yes
No
Mid America Bank &
For our affiliates' everyday business purposes-
No
Trust Company
information about your transactions and experiences
has no affiliates
Mid America Bank &
For our affiliates' everyday business purposes-
No
Trust Company
information about your creditworthiness
has no affiliates
For non-affiliates to market to you
No
We don't Share
Questions?
Call 1-888-413-1083
Page 2
Who we are
Who is providing this notice?
Tidewater Finance CompanyTM (Servicer) on behalf of Mid America Bank
& Trust Company (Issuer)
What we do
How does Mid America Bank &
To protect your personal information from unauthorized access and use, we
Trust Company protect my
use security measures that comply with federal law. These measures
personal information?
include computer safeguards and secured files and buildings.
Also we only allow employees, authorized service providers and other
parties as required or permitted by law to access your account.
How does Mid America Bank &
We collect your personal information, for example, when you
Trust Company collect my
personal information?
open an account or give us your contact information
pay your bills or apply for a loan
use your credit or debit card
We also collect your personal information from others, such as credit
bureaus, affiliates or other companies.
Why can't I limit all sharing?
Federal law gives you the right to limit only
sharing for affiliates' everyday business purposes-information about
your creditworthiness
affiliates from using your information to market to you
sharing for non-affiliates to market to you
State laws and individual companies may give you additional rights to limit
sharing. See below for more on your rights under state law.
Definitions
Affiliates
Companies related by common ownership or control. They can be financial
and nonfinancial companies.
Mid America Bank & Trust Company has no affiliates
Non-affiliates
Companies not related by common ownership or control. They can be
financial and nonfinancial companies.
Non-affiliates we share with can include other financial companies and
non-financial companies such as retailers, marketing companies and
service providers.
Joint marketing
A formal agreement between nonaffiliated financial companies that together
market financial products or services to you.
Our joint marketing partners include companies such as other financial
companies and financial service providers.
Other important information
CA Residents: We will not disclose information about you to other financial service providers with which we have joint
marketing agreements, other than as required or permitted by law, unless you authorize us to do so.
CA, ND, and VT residents: To the extent that related state law applies, we will not disclose information about you to
anyone other than our affiliates without your express authorization except as required or permitted by law
NV
residents: We are providing you this notice pursuant to state law. You may be placed on our internal Do Not Call List
by sending a request to P.O. Box 13306, Chesapeake VA 23325 or calling us at 888-413-1083. In addition to our
contact information, we are required by Nevada law to provide you with the following information: Bureau of Consumer
Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101;
702-486-3132; BCPINFO@ag.state.nv.us.