Credit Card Agreement for Guitar Center 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 December 31, 2013. 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
22.9%.
(APR) for Purchases
This APR will vary with the market based on the Prime Rate.
Penalty APR and When It
26.9%.
Applies
This APR will vary with the market based on the Prime Rate, as described in more detail below.
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 lon-
ger 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
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
Interest on Purchases:
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
None.
Cash Advance Fee
None.
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 19.65 percentage points for the Standard Rate and a "Spread" of 23.65
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
CAPITAL ONE TERMS AND CONDITIONS
ABOUT ACCOUNT FEES & OTHER CHARGES
How We Will Calculate Your Balance: We use a method called "average
FEES AND LIMITS
daily balance (including new purchases)".
The fees that apply to your Account are shown in the purchase balance
unless otherwise stated in this Agreement.
Billing Rights: Information on your rights to dispute transactions and
how to exercise those rights is provided in this Cardholder Agreement.
If charging any fee shown in the chart would exceed first-year fee
limits set by law, we may charge an amount allowed by law. If we do
You may pay the entire New Balance at any time.
this, it does not affect our ability to charge the full fee amount later.
NOTICE FOR MARRIED WISCONSIN RESIDENTS: No provision of a marital
LATE PAYMENT FEE
property agreement, unilateral statement under Section 766.59 of
This fee is shown in the chart below. It is charged in any billing
the Wisconsin Statutes, or court order under Section 766.70 of the
cycle that you do not pay at least the Minimum Payment Due by the
Wisconsin Statutes adversely affects the interest of the creditor unless
Payment Due Date. In no event will your Late Payment Fee exceed the
the creditor, prior to the time the credit is granted, is furnished a copy
Minimum Payment Due.
of the agreement, statement or decree or has actual knowledge of
the adverse provision when the obligation to the creditor is incurred.
If you are married, by submitting your credit card application you are
Outstanding
Late Payment Fee
Late Payment Fee-if
confirming that this credit card obligation is being incurred in the
Balance on
first time your
another payment is
interest of your marriage and your family. If the credit card for which
Payment Due Date
payment is late.
late during the next 6
you are applying is granted, you will notify the Bank if you have a spouse
billing cycles.
who needs to receive notification that credit has been extended to you.
Up to and
$19
$19
CARDHOLDER AGREEMENT AND DISCLOSURE STATEMENT
including $100
You have been approved for a Guitar Center credit card. This account is
More than $100
$25
$29
issued by Capital One, N.A. (Capital One).
and up to and
INTEREST RATES INFORMATION
including $500
Annual Percentage Rate ("APR") and Daily Periodic Rate ("DPR"). Your
Daily Periodic Rate (DPR) is described in the INTEREST CHARGES section.
More than $500
$25
$35
Rates accurate as of 11/01/2013
OVER THE CREDIT LIMIT FEE
APR
DPR
Spread
This fee is shown in the table on page 1 and will be charged if:
Standard APR
22.9%
.06274%
19.65%
your Account balance exceeds your credit limit at any time during a
billing cycle.
Penalty APR
26.9%
.07370%
23.65%
RETURNED PAYMENT FEE
This fee is shown in the table on page 1. It is charged each time a
HOW A VARIABLE RATE MAY CHANGE
check or other form of payment to us is returned or not honored.
Your variable APRs can change with each monthly billing cycle.
PAYMENT BY PHONE FEE
We will apply each APR to the applicable balance for each type of
This fee:
transaction. Each variable APR will be equal to:
may be charged each time anyone makes a payment to your
a) the amount shown in the chart ("Spread"); plus
Account with the assistance of a live phone representative; and
b) the U.S. "Prime Rate" as defined below.
the amount is disclosed at the time a payment by phone is requested.
COPY REQUEST FEE
The Prime Rate will be as shown in the Money Rates table of The Wall
A copy request fee may be charged each time a copy of a document is
Street Journal that is in effect on the last day of the month.
requested.
Any changes in the Prime Rate will take effect on the first day of
your billing cycle beginning in the next month.
The fee amount will be disclosed at the time of your request.
REISSUED CARD FEE
An increase in the U.S. Prime Rate will increase your Daily Periodic
You may be charged $5 each time you request that your credit card be
Rates. It may also increase your
reissued.
Interest Due; and/or
Minimum Payment Due.
MINIMUM PAYMENT DUE
You agree to pay us at least the Minimum Payment Due, reflected on
ABOUT THE PENALTY APR
your statement. If you wish, you may pay more than the Minimum
If you do not make your Minimum Payment Due within 60 days after
Payment Due and at any time you may pay the entire amount due.
the Payment due date we may increase your APRs to the Penalty APR.
Your Minimum Payment due is equal to your Minimum Payment
If this occurs:
plus the Special Repayment Terms for any Promotional Credit Plans
we will provide advance notice before the Penalty APR goes into effect.
with a special repayment term plus any debt cancellation fees or
once the Penalty APR goes into effect, if you make six consecutive
credit insurance premiums attributable to any Reduced Rate/Special
Repayment Terms Credit plans plus any delinquent amounts. The
on-time minimum payments when due, your rates will return to the
non-penalty APRs applicable to your Account.
Minimum Payment is the greater of a.) $25 or b.) 1% of your "New
If you do not make six consecutive on time minimum payments, we
Balance" (which does not include balances on Special Repayment
may keep the Penalty APR on your Account indefinitely.
Terms Credit Plans) plus billed Interest Charges plus any Late Fees
assessed for that month, rounded to the next highest dollar. Your
monthly billing statement will include requirements for you to
ABOUT INTEREST CHARGES
follow in making payments including the cut-off hour for receipt of
TREATMENT OF FEES AND INTEREST
payments, which may affect crediting of your payments.
Any fees or Interest will be added to your purchase balance unless
INTRODUCTION
otherwise stated in this Agreement.
KEY TERMS
MINIMUM INTEREST CHARGE
"You" and "your" means each Applicant and Joint Applicant who:
If you are charged Interest, the charge will be no less than the
applied for this Account bearing the name Guitar Center; and/or
Minimum Interest Charge listed in the chart.
agrees to pay for the Account.
"We," "us," and "our" means Capital One, N.A., located at 1111 Town
SECURITY INTEREST
Center Drive, Las Vegas, Nevada 89144.
A "Security Interest" is our interest in an item that you buy using your
Account that secures the payment of your Account.
"Applicant" means the primary Cardholder. "Joint Applicant" means
the secondary Cardholder.
Except as noted below, you grant us a security interest (which we may or
may not perfect) in the following items financed using your Account:
"Agreement" means all parts of this document and any future
any goods you buy with your Card; and
supplements or amendments.
any proceeds you get from the following:
"Card" means any card, card number or other device we issue to
a) insurance contracts, and returned premiums: and/or
access your Account.
b) mechanical failures and/or
c) extended service contracts
GETTING STARTED
The Card must be signed to be used.
Each good you buy using your Account:
secures your entire Account balance until that good is paid in full; and
When you use the Account or sign the card or sales slips, you agree to:
may be taken from you if you do not pay on time.
the terms of this Agreement; plus
any amendments or supplements to the Agreement.
To decide when a purchase is paid off and no longer subject to a
security interest, your payments will be first applied to: described in the
You may close your Account at any time. Please see the CLOSING YOUR
"How We Apply Payments" section of this agreement.
ACCOUNT section for details.
Once you have fully paid for any good, we will release our purchase
USING YOUR ACCOUNT
money security interest in that good.
ALLOWED USE
We do not take a security interest if you:
You agree to:
live in NY and the original purchase price of the good was less than
use your Account only for lawful purposes
$200 or
use your Account for only personal, family, household, or charitable
live in MD and the original purchase price of the good was less than $700.
purposes; and
If we take back any good, we may charge you our costs and require
repay us for all costs related to uses not allowed under this Agreement.
you to make the good available at a convenient place of our choice as
You are not allowed to use your Account:
allowed by law. This may include our cost to:
to make payments to this credit card or any other loan payments to
repair the good; and/or
us or our affiliates; or
store the good; and/or
for internet gambling.
sell the good; and/or
other costs allowed by law.
If you have given someone permission to use the Card, this is not
unauthorized use and you will be liable for all use by that person.
WHEN AND HOW TO PAY
You agree to:
CREDIT LIMIT
pay at least the Minimum Payment Due shown on your billing
When you open your Account, we will tell you your credit limit.
statement; and
make this payment in time to be credited by no later than the
We may change this limit from time to time. Whenever this occurs, we
Payment Due Date.
will notify you:
on your billing statement; and/or
How your Minimum Payment Due is determined as shown in the
by sending a notice.
MINIMUM PAYMENT DUE section.
You agree to:
If you wish, you may pay more than the Minimum Payment Due or the
keep your Account balance (which includes Interest and other
entire balance at any time.
charges) within your credit limit; and
immediately pay any over limit amount that might occur.
Instructions for making timely payments are shown on your billing
statement.
Your available credit may not reflect your payments for up to 14 days.
If a transaction would exceed your available credit limit, we may
Payments must be:
decline it.
made in U.S. dollars; and
paid from a U.S. bank or other U.S. financial institution; and
USING THE ACCOUNT
sent in a form that is acceptable to us.
At times we may:
decline a transaction if there is not enough available credit and for
Acceptable forms of payment include:
any other reason and/or;
a check or money order; or
an electronic funds transfer
require our Authorization before allowing a transaction.
A merchant may check your ID.
If you want to write any special conditions on your payment, such as
"paid in full", "without recourse", or similar language, you must:
We are not liable if:
Mark this clearly on your payment.
a merchant refuses your card; and/or
- Payment must be marked for Special Handling and sent to:
we do not complete your transaction for any reason.
Capital One, PO Box 5226, Carol Stream, IL 60197-5226.
PAYING YOUR BILL
Unless you follow the above directions, we may accept a payment
marked with special conditions and not agree to those conditions, and
PROMISE TO PAY
will not lose any of our rights.
You promise to pay for all:
By sending us a check for payment on your Account, you authorize us
credit we extend; plus
either to:
Interest charges and other fees or charges; plus
collection costs and attorney fees as allowed by law.
use information from your check to initiate an electronic fund
transfer from your payment account according to the terms of the
If your Account is a joint Account, each of you is jointly and
check; or
individually responsible for amounts due. This remains true in the event
to process this transaction as a check.
of death, divorce or other events that affect liability between you and
When we use your check to make an electronic fund transfer:
the other person.
funds may be withdrawn from your payment account the same day
If any joint Accountholder requests to not be liable for future
we receive your payment; and
transactions, we may close the Account.
you will not receive your check back from your bank.
When you use our optional payment by phone service, you agree that:
For Plans other than Same As Cash, the interest charge is the total of:
we may make an electronic funds transfer from the bank account
the applicable Daily Periodic Rate for the Plan times the Daily Balance
you choose; or
for the plan for each day in the cycle.
we may process the payment the same way we would process a check.
HOW DAILY BALANCE IS DETERMINED
You authorize the amount and timing of each payment. Please retain
To determine your Daily Balance, we:
this authorization for your records.
take the opening balance for each Plan for that day; then
add the following that were incurred on that day:
If you have a returned payment:
a) any new purchases
the amount you paid will be added back to your Account and
b) any previous day's periodic Interest Charges
may be applied to a different category than originally posted. (e.g.
c) any fees and charges, including any credit insurance premiums or
purchases, etc.); and
debt cancellation fees, if these apply; then
Interest Charges may be restored back to the payment date at the
subtract any payments and/or credits.
APR for that transaction
For any Same As Cash Credit Plan:
ACCOUNT FEES AND OTHER INTEREST RATES
Any credit insurance premiums or debt cancellation fees are not
included in the Daily Balance of that Plan during the promotional period.
ABOUT YOUR APRs
Your APRs are shown on page 1.
We also make any needed adjustments. For example:
A Daily Periodic Rate is used to determine your Interest Charges in any billing
If a transaction posts after but occurs before the start of a billing cycle,
cycle. To determine this rate, we divide your APR by 365; then round this
we may adjust the amount above to include this transaction. It will be
number up to the next hundred thousandth of a percentage point.
included as of the first day of the billing cycle in which it posts.
If your Account is subject to a grace period during the billing cycle,
PROMOTIONAL CREDIT PLANS
your payments will be subtracted from all Daily Balances in the
From time to time, we may offer one or more Promotional Credit
current billing cycle.
Plans. These may be offered to you:
If a transaction for a returned payment or a dispute resolved in our
prior to your purchase; and/or
favor posts after the beginning of the billing cycle, we will make this
at the time of your purchase.
adjustment:
Any of these Plans may be offered at any time and are conditioned on
- the applicable Daily Balance(s) and any related Interest Charges will
your timely payment of at least the Minimum Payment Due for each
be adjusted to include the transaction amount as of the date of
billing statement:
the original payment or transaction.
a) Waived Interest Charge Credit Plan
To calculate your Average Daily Balance, we:
With this Plan there are no Interest Charges on your purchase for a
add the Daily Balances for each day of the billing cycle; then
specified period.
divide this total by the number of days in the billing cycle.
b) Same As Cash / Monthly Payment Credit Plan
With this Plan, there are no Interest Charges on your purchase if
HOW TO AVOID PAYING INTEREST ON PURCHASES
you repay the full cash price of the purchase before the promotional
The number of days until your Payment Due Date after the close
expiration date shown on your billing statement.
of each billing cycle is indicated in the Interest Rates and Interest
If you do not repay in full by the promotional expiration date, Interest
Charges section of this Agreement. We will not charge you Interest on
Charges will be imposed from the purchase date.
purchases if you pay your entire balance by the due date each month.
c) Reduced Rate Credit Plan
With this Plan, you will receive a reduced periodic rate on your
Interest charges begin on the transaction date and continue to accrue
purchase for a specified period.
until paid in full except as noted below:
d) Special Repayment Term Credit Plan
EXCEPTIONS
With this Plan special repayment terms will be applied to the purchase
1. For New Purchases and balances: No interest is charged in a billing
for the specified period.
cycle on a Regular, Reduced Rate, or Special Repayment Terms
e) Special Repayment Term / Reduced Rate Credit Plan
Credit Plans if the combined Previous Balance of those Plans at the
With this Plan special repayment terms and a reduced periodic rate will
beginning of the cycle is:
be applied to the purchase for the specified period.
a) zero; or
Purchases that do not fall under one of these Plans are called Regular
b) a credit balance (e.g., less than zero); or
c) paid in full before the Payment Due Date that falls during the cycle;
Credit Plan purchases.
2. For Waived Interest Charge Credit Plans: No interest is charged for the
If you make more than one purchase on your card, these balances may
promotional period.
be treated differently.
3. For Same As Cash Credit Plans: No interest is charged if the full cash
sales price is paid in full before the promotion expiration date.
Certain rules apply to the allocation of payments and interest charges
on your promotional purchase if you make more than one purchase on
HOW WE APPLY PAYMENTS
your Card. Call 1-888-367-4310 or review the HOW WE APPLY PAYMENTS
The amount of your payment that is equal to the Minimum Payment
section of this Agreement for information.
Due is:
applied as we determine within legal guidelines; and
INTEREST CHARGES
usually applied to the minimum due on each credit plan.
HOW INTEREST CHARGES ARE CALCULATED
Any payment amount over the Minimum Payment Due is applied to
Each billing statement shows the Interest Charges, which are
higher APR balances before lower ones.
calculated separately for each:
If you have a Same As Cash Credit Plan(s):
Promotional Credit Plan with a unique due date or unique terms;
Until the final two complete billing cycles:
Regular Credit Plan
We apply payments the same way we apply payments to a Same As
The total interest charge for the billing cycle is the sum of the interest
Cash Credit Plan having a 0% APR
charge for each plan subject to the minimum interest charge shown in
During the final two complete billing cycles and up to the date of
the chart.
expiration we will apply payments received in this order:
1) To the required Minimum Payment Due; and
For Same As Cash Plans, if interest is applied, the interest is accrued
2) To the plan(s) that is expiring, in the order of expiration.
from the transaction date of the purchase through the current cycle.
The Interest Charge is the total of:
MANAGING YOUR ACCOUNT
the applicable Daily Periodic Rate for the current cycle times the Daily
Balance for each day in the current cycle; plus
OTHER USERS
the applicable Daily Periodic Rate for each prior cycle times the Daily
You may permit others to use your Card or Account Number.
Balances of the Credit Plan for each day during each prior cycle.
You are responsible for all charges made by permitted users.
If you wish to revoke another person's permission to use your Account,
If you believe we have reported inaccurate information about your
you must notify us. We may close your Account and issue a new Card
Account to any consumer reporting agency you should:
with a different Account number.
- notify us and ask us to correct the inaccurate information by writing
to us at Capital One, PO Box 5253, Carol Stream, IL 60197-5253.
UPDATING YOUR RECORDS
You agree:
When you write to us, tell us:
a) to give us prompt advance notice of any change in your name,
- your Account number; and
mailing address, phone number, or employer;
- the specific information you believe is not correct; and
b) to promptly give us accurate financial information about you if we
- why you believe it is not correct.
ask for it; and
c) the Department of Motor Vehicles may release your home address
INSURANCE
to us if we ever need it to find you.
If credit insurance was offered and your accepted it: You agree that
your Account will be charged monthly; this charge, which is called an
CLOSING YOUR ACCOUNT
insurance premium, will be based on the Average Daily Balances of your
You can close your account at any time by mailing your request to
Account for the billing cycle in which the premium is assessed; and the
Capital One, PO Box 5226, Carol Stream, IL 60197-5226. Your request
charges will begin on the transaction date(s) of your purchase(s).
becomes effective when we receive it.
OTHER AGREEMENTS
Once you close the Account:
you must destroy your card(s); and
ACCOUNT CLOSURE
you will still be responsible for all amounts owed according to the
At any time, for any reason, we may take any of these actions subject
terms of this Agreement.
to applicable law:
a) close your Account;
PROTECTING YOUR CREDIT
b) suspend your credit privileges;
c) reduce your credit limit.
LOST OR STOLEN CARD
You agree to notify us immediately if:
If we close your Account:
your Card is lost or stolen; or
Interest Charges and fees will continue to accrue until your balance
your Account is used without your permission.
is paid in full; and
you agree to return or destroy your Card(s).
You may call at any time. The phone number is listed on your billing
statement.
COMMUNICATIONS
LIABILITY FOR UNAUTHORIZED USE
We may contact you from time to time regarding your Account. We
If you notice the loss or theft of your credit card, or a possible
may contact you in any manner we choose unless the law says that we
unauthorized use of your card, you should call us at the number listed
cannot. For example, we may:
on your billing statement or the back of your card, or write to us
1) contact you by mail, telephone, email, fax, recorded message, text
immediately at:
message or personal visit;
2) contact you using an automated dialing or similar device
Capital One
("Autodialer");
PO Box 5226, Carol Stream, IL 60197-5226
3) contact you at your home and at your place of employment;
4) contact you on your mobile telephone;
You will not be liable for any unauthorized use that occurs after you
5) contact you at any time, including weekends and holidays;
notify us. You may, however, be liable for unauthorized use that occurs
6) contact you with any frequency;
before your notice to us. In any case, your liability will not exceed $50.
7) leave prerecorded and other messages on your answering machine/
DEFAULT
service and with others; and
We may consider your Account to be in Default if you:
8) identify ourselves, your relationship with us and our purpose for
a) fail to make the Minimum Payment Due when due;
contacting you even if others might hear or read it.
b) exceed your credit limit;
Our contacts with you about your Account are not unsolicited and
c) become the subject of bankruptcy proceedings, foreclosure,
might result from information we obtain from you or others. We may
repossession, lien or judgment, garnishment, or attachment;
monitor or record any conversation or other communication with
d) give us misleading, false or incomplete information;
you. Unless the law says we cannot, we may modify or suppress caller
e) fail to give us a current physical address when you apply and
ID and similar services and identify ourselves on these services in any
whenever you move;
manner we choose. When you give us or we obtain
f) make payments to us that are returned unpaid by your bank or other
your mobile telephone number, we may contact you at this number
financial institution; or
using an Autodialer and can also leave prerecorded and other messages.
g) default under any other agreement or security agreement you have
We may do these things whether we contact you or you contact us.
with us or with one of our affiliates; and/or
If you ask us to discuss your Account with someone else, you must
h) become incompetent or deceased.
provide us with documents that we ask for and that are acceptable to us.
Upon default, we have the right to:
CHANGE OF TERMS
close your Account;
We may change this Agreement as allowed by applicable law. This may
suspend your credit privileges;
include changing, adding, or removing terms. We may do this in response
require you to pay your entire Account balance including any
to the legal, business, competitive environment or other reasons not
Promotional Credit Plan balances, all accrued but unpaid Interest
listed here.
Charges and other charges provided for in this Agreement immediately;
terminate any Promotional Credit Plans and convert balances to a
We may increase the Interest rate on existing balances in limited
Regular Credit Plan;
circumstances. Changes to some terms may require at least 45 days
change the terms of your Account;
advance notice, and we will tell you in the notice if you have the right to
sue you for what you owe.
reject a change. We cannot change certain terms during the first year of
your Account.
If we incur costs to collect your balance owed including any attorney
fees, we may charge you for these costs as permitted by applicable
ACCOUNT ASSIGNMENT
law, and we will apply your payments first to these costs.
We may sell, assign or transfer all or any part of your Agreement and
Account without notice to you. You may not sell, assign or transfer
CREDIT REPORTING
your Account.
You agree that we may obtain and use credit information about you
from others such as:
WAIVERS
merchants or stores;
If we delay or take no action allowed under this Agreement, for any
other lenders;
reason, we will not lose or limit any of our rights under this Agreement
consumer reporting agencies.
on any other occasion.
SEVERABILITY
In your letter, give us the following information:
If a term is found to be invalid under any applicable law, rule or
Account information: Your name and account number.
regulation, then all other terms of this Agreement will remain valid.
Dollar amount: The dollar amount of the suspected error.
Description of problem: If you think there is an error on your bill,
NOTICE FOR CALIFORNIA RESIDENTS: California law requires that we
describe what you believe is wrong and why you believe it is a
inform customers that should they fail to fulfill the terms of their credit
mistake.
obligation, a negative report reflecting on their credit record may be
submitted to a credit reporting agency. If you are married, you may
You must contact us:
apply for credit in your own name.
Within 60 days after the error appeared on your statement.
At least 3 business days before an automated payment is scheduled,
NOTICE FOR FLORIDA RESIDENTS: You (borrower) agree that, should we
if you want to stop payment on the amount you think is wrong.
obtain a judgment against you, a portion of your disposable earnings
may be attached or garnished (paid to us by your employer), as provided
You must notify us of any potential errors in writing. You may call us,
by Florida and Federal law.
but if you do we are not required to investigate any potential errors
and you may have to pay the amount in question.
NOTICE FOR MAINE RESIDENTS: We may request a consumer report in
connection with your application for credit. You may ask whether a
What Will Happen After We Receive Your Letter
consumer report was obtained by us and we will tell you the name and
address of the consumer reporting agency, if a report was obtained.
When we receive your letter, we must do two things:
1. Within 30 days of receiving your letter, we must tell you that we
Missouri Residents: Oral agreements or commitments to
received your letter. We will also tell you if we have already corrected
loan money, extend credit or to forbear from enforcing
the error.
repayment of a debt including promises to extend or renew
2. Within 90 days of receiving your letter, we must either correct the
such debt are not enforceable. To protect you (borrower(s))
error or explain to you why we believe the bill is correct.
and us (creditor) from misunderstanding or disappointment,
While we investigate whether or not there has been an error:
any agreements we reach covering such matters are
We cannot try to collect the amount in question, or report you as
contained in this writing, which is the complete and
delinquent on that amount.
exclusive statement of the agreement between us, except as
The charge in question may remain on your statement, and we may
continue to charge you interest on that amount.
we may later agree in writing to modify it.
While you do not have to pay the amount in question, you are
NOTICE FOR NEW YORK RESIDENTS: A consumer credit report may be
responsible for the remainder of your balance.
requested in connection with this application or in connection with
We can apply any unpaid amount against your credit limit.
updates, renewals or extensions of any credit granted as a result of
After we finish our investigation, one of two things will happen:
this application. Upon your request, you will be informed whether or
If we made a mistake: You will not have to pay the amount in
not such a report was requested and, if so, the name and address of
question or any interest or other fees related to that amount.
the agency that furnished the report. New York residents may contact
If we do not believe there was a mistake: You will have to pay the
the New York State Department of Financial Services to obtain a
amount in question, along with applicable interest and fees. We will
comparative listing of credit card rates, fees and grace periods. New
send you a statement of the amount you owe and the date payment
York State Department of Financial Services: 1-800-522-3330.
is due. We may then report you as delinquent if you do not pay the
NOTICE FOR OHIO RESIDENTS: The Ohio Laws against discrimination
amount we think you owe.
require that all creditors make credit equally available to all
If you receive our explanation but still believe your bill is wrong, you
creditworthy customers and that credit reporting agencies maintain
must write to us within 10 days telling us that you still refuse to pay. If
separate credit histories on each individual upon request. The Ohio
you do so, we cannot report you as delinquent without also reporting
Civil Rights Commission administers compliance with this law.
that you are questioning your bill. We must tell you the name of
NOTICE FOR VERMONT RESIDENTS: A consumer credit report may be
anyone to whom we reported you as delinquent, and we must let those
requested in connection with this application or in connection with
organizations know when the matter has been settled between us.
updates, renewals or extensions of any credit granted as a result of this
If we do not follow all of the rules above, you do not have to pay the
application. Upon your request, you will be informed whether or not
first $50 of the amount you question even if your bill is correct.
such a report was requested and, if so, the name and address of the
agency that furnished the report.
Your Rights If You Are Dissatisfied With Your Credit Card Purchases
The information about the costs of the Card described in this Cardholder
If you are dissatisfied with the goods or services that you have
Agreement and Disclosure Statement is accurate as of November, 2013. This
purchased with your credit card, and you have tried in good faith to
information may have changed after that date. To find out what may have
correct the problem with the merchant, you may have the right not to
changed write to us at 1111 Town Center Drive, Las Vegas, Nevada 89144.
pay the remaining amount due on the purchase.
APPLICABLE LAWS
To use this right, all of the following must be true:
This Agreement is governed by the Commonwealth of Virginia law and
1. You must have used your credit card for the purchase. Purchases
federal law.
made with cash advances from an ATM or with a check that
accesses your credit card account do not qualify.
We make our credit decisions and extend credit to you under this
2. You must not yet have fully paid for the purchase.
Agreement from the Commonwealth of Virginia. This Agreement is:
entered into in the Commonwealth of Virginia; and
If all of the criteria above are met and you are still dissatisfied with the
maintained in the Commonwealth of Virginia.
purchase, contact us in writing at:
This is true whether or not you use your card in the Commonwealth of
Capital One
Virginia.
PO Box 5893, Carol Stream, IL 60197-5893
YOUR BILLING RIGHTS: KEEP THIS DOCUMENT FOR FUTURE USE
While we investigate, the same rules apply to the disputed amount as
discussed above. After we finish our investigation, we will tell you our
This notice tells you about your rights and our responsibilities under
decision. At that point, if we think you owe an amount and you do not
the Fair Credit Billing Act.
pay, we may report you as delinquent.
What To Do If You Find A Mistake On Your Statement
If you think there is an error on your statement, write to us at:
BR251780 (11/13) M-110152
Capital One
PO Box 5893, Carol Stream, IL 60197-5893