Credit Card Agreement for Consumer Cards in Capital One® Bank (USA), 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 29, 2013. The combination of 
terms that could apply to you will differ depending on the specific card offer and on your creditworthiness at the time of application. Not all offers will contain 
introductory rates. The Customer Agreement contains important information related to consumer credit cards issued by Capital One Bank (USA), N.A. Please 
visit www.capitalone.com to view our online credit card offers. If you are a current Capital One cardholder, please log in to your account if you would like to 
request the Credit Card Agreement for your account(s).

CAPITAL ONE® PRICING INFORMATION 

Annual Percentage Rate 
(APR) for Purchases

Introductory rate of 0%, ranging from 9 months to 15 months.
Non-introductory rates between 9.9% and 24.9%.

Some Purchase APRs may vary with the market based on changes in the Prime Rate.

APR for Transfers

Introductory rate of 0%, ranging from 9 months to 15 months.
Non-introductory rates between 9.9% and 24.9%.

Some Transfer APRs may vary with the market based on changes in the Prime Rate.

APR for Cash Advances

24.9%. 

Penalty APR and When 
It Applies

Cash Advance APRs may vary with the market based on changes in the Prime Rate.  

29.4%.  

Penalty APRs may vary with the market based on changes in 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 the next 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 $0.50.

Annual Fee

Between $0 and $59 annually.

Transaction Fees
• Transfer Fee
• Cash Advance Fee
• Foreign Transaction Fee

Penalty Fees
• Late Payment
• Over-the-Credit-Limit
• Returned Payment

3% of the amount of each transfer.
Between $0 and the greater of either $10 or 3% of the amount of each cash advance.  
None.

Up to $35. 
Up to $29.
Up to $35. 

How We Will Calculate Balances: We use a method called “average daily balance” (including new purchases). See How Do You Calculate the Interest 
Charge? below for more details. 
Loss of Introductory APR: We may end your Introductory APR and apply the Penalty APR if you make a late payment.

Things You Should Know About These Offers
Can You Change My Account Terms?
We can change the terms of your account as permitted by law. When required, we will send you notice before doing so.

CA005_CAA_Fed_Format_April2013.indd   1

4/10/13   8:21 PM

How Do You Calculate Variable Rates?
Variable rates may change when the Prime Rate changes. We calculate variable rates by adding a percentage to the Prime Rate published in The Wall Street 
Journal  on the 25th day of each month. If the Journal is not published on that day, then see the immediately preceding edition. If Prime changes, your new 
rate will take effect on your next billing period. If your offer discloses a variable rate that changes quarterly, your new rate will take effect on the first day of 
your January, April, July, and October billing periods.

If the APR associated with an offer is variable, the APR will equal: 
Non-introductory Purchase APR - Prime plus a margin between 6.65% and 21.65%.   
Non-introductory Transfer APR - Prime plus a margin between 6.65% and 21.65%.   
Cash Advance APR - Prime plus 21.65%. 
Penalty APR - Prime plus 26.15%. 

What Are The Daily Periodic Rates Used To Calculate My Interest? 
The daily periodic rate for your Introductory Purchase APR would be 0%, Non-introductory Purchase APR between .02712% and .06822%, Introductory 
Transfer APR would be 0%, Non-introductory Transfer APR between .02712% and .06822%, Cash Advance APR .06822%, and Penalty APR .08055%. 

How Can I Avoid Paying Interest Charges? 
Each month you pay your “New Balance” in full by the due date, you will have a minimum grace period of 25 days with no interest charge on all new  
1) purchases, 2) balance transfers, 3) special purchases, and 4) other charges. If you have been paying your account in full with no interest charges applied 
and you do not pay your next bill in full, prorated interest charges will be assessed. There is no grace period on cash advances, special transfers, or on any 
new transaction when there is an unpaid balance from a previous bill.  

How Is The Interest Charge Applied?
Interest charges accrue from the 1) date of the transaction, 2) date the transaction is processed, or 3) first calendar day of the billing period. Interest 
charges accrue on every unpaid amount until it is paid in full. This means you may owe interest charges even if you pay the entire “New Balance” one month, 
but did not do so for the previous month. Unpaid interest charges are added to the proper segment of your account. 

How Do You Calculate The Interest Charge? 
For each segment of your account, we calculate your total interest charge by multiplying your average daily balance by the daily periodic rate and multiplying the 
result by the number of days in the billing period. Due to rounding or a minimum interest charge, this calculation may vary slightly from the interest charge 
actually assessed.

We determine your daily periodic rate by dividing the corresponding Annual Percentage Rates by 365 and rounding to the nearest 1/100,000th of 1%, not
to exceed the maximum allowed by applicable law. If the daily periodic rates and corresponding Annual Percentage Rates increase, the interest charge will
increase and your minimum payment may be greater.

To determine your average daily balance: 1) add the daily balances together and 2) divide the sum by the number of days in the billing cycle.
To determine your daily balance: 1) take the beginning balance and add in new transactions and the periodic interest charge on the previous day’s balance, 
2) subtract any payments and credits for that segment as of that day. However, if you paid your previous month’s balance in full (or if your balance was zero 
or a credit amount), new transactions which post to your purchase or special purchase segments are not added to the daily balances. Also, transactions that 
are subject to a grace period are not added to the daily balances.  

© 2013 Capital One. Capital One is a federally registered service mark. All rights reserved. Products and services offered by Capital One Bank (USA), N.A.  
Capital One supports information privacy protection: see our website at www.capitalone.com.

CA005_CAA_Fed_Format_April2013.indd   2

4/10/13   8:21 PM

Capital One® Customer Agreement

Welcome to Capital One.  
Thank you for opening a credit Card Account with us. This 
Customer Agreement (“Agreement”) contains the terms for 
your Capital One credit Card.

Some Definitions. 
The meanings of the terms you see in italics appear in the 
Glossary Section. To make the Agreement easy to understand, 
we will also use the following personal pronouns:

“You,” “your,” and “yourself” mean each applicant and co-
applicant for the Account; any person responsible for paying 
the Account; and anyone You authorize to use, access or 
service the Account. It also includes an Authorized User as 
defined in the Glossary Section.
“We,” “us,” “our,” and “Capital One” mean Capital One 
Bank (USA), National Association; and its agents, authorized 
representatives, successors, and assignees.

Account Documents.  
Your Account with us is governed by the following 
documents:

(1) this document; 
(2) all Statements; 
(3)  all rewards information and documentation if your 

Account has rewards;

(4)  any Privacy Notices describing our limitations on sharing 

information about you with others; 

(5)  your Card benefits brochure which describes benefits 

provided by the Payment Card Network for your Card and 
Account. The most current version of your Card benefits 
brochure will replace all prior versions; 

(6) the “Security” Agreement if you have a secured Card;
(7)  all disclosures and materials provided to you before 

or when you opened your Account, including Truth in 
Lending Disclosures;

(8)  all other documents and disclosures relating to your 

Account including those provided online; and 

(9)  any future changes we make to any of the above things.

Please read these carefully and keep them for future 
reference. An image of any of these can be used instead of 
the original.

New Offers.  
In the future, we might make new offers to you or forward 
offers from others that we think you might be interested 
in. These offers may have new or different terms and 
documentation for these offers will be provided when we 
make you the offer. If you accept the offer, your previously 
disclosed terms will still apply except as modified by the offer.

Account Information.
We need information about you to manage your Account. 
The information we need includes:

(1) your legal name;
(2)  a valid U.S. mailing address and residential address (if 

different); 

(3) your date of birth;
(4)  your Social Security Number or other government 

identification number;

(5) your telephone number(s); and
(6) your employment and income information. 

You must tell us when this information changes. Please update 
your address in the manner provided on your Statement. You 
may also update some of this information by logging onto your 

Account on our website or by calling one of our representatives 
at the telephone number provided on your Statement or on the 
back of your Card. We may require you to provide additional 
documents that are acceptable to us to verify this information 
or any changes. We maintain the right to restrict or close your 
Account if your information cannot be verified or if you do not 
provide additional information as requested.

Credit Limits. 
When you open your Account, you will receive your credit 
limits. These will also appear on your Statements. We might 
also refer to your credit limits as your credit lines. We may give 
you different credit limits for the different Segments of your 
Account. For example, you might have a different credit limit 
for purchases than for Cash Advances. 

You are responsible for keeping track of your Account balances 
and your available credit limits. Do not allow your Account 
to go over any credit limit even if you have authorized us to 
charge you an overlimit Fee for doing so, as described in the 
Interest Charges and Fees section. We may still honor 
transactions above your credit limits, but our honoring of these 
transactions will not increase your credit limit.

We may also increase, decrease, restrict, or cancel your credit 
limit on any Segment at any time. This will not affect your 
obligation to pay us. 

Using Your Account.  
You promise to follow the terms of this Agreement as long 
as your Account remains open or has a balance. Please sign 
the Card immediately when you receive it. The Card is valid 
during the dates provided on the front. The Card is our 
property, and you will return it to us or destroy it if we ask. 
You will take reasonable steps to prevent the unauthorized 
use of your Card and Account.

We are not responsible if anyone refuses to accept your 
Card for any reason. Also, we may reject any transaction for 
any reason. Unless we tell you otherwise, we will bill each 
transaction to the applicable Segment of your Account and 
apply it against your available credit limit for the Account and 
Card for that Segment in each Billing Cycle.

You may also obtain Cash Advances and Transfers if they are 
permitted for your Account. Unless we agree, you may not 
use a Transfer to transfer amounts from other Accounts with 
us or any other company within the Capital One organization. 

You must not use, or try to use, the Card for any Internet 
gambling transactions or transactions that are illegal or not 
permitted by us. You will still be responsible if you do. In 
addition, these transactions will be subject to this Agreement, 
and you might have to reimburse the Payment Card Network 
and us for all damages and expenses.

From time to time, due to circumstances beyond our control 
(such as system failures, fires, floods, natural disasters, or other 
unpredictable events) our services might be unavailable. When 
this happens, you might be unable to use your Card or obtain 
information about your Account. We will not be responsible or 
liable if this happens.

Rewards.
Your Account might provide you with the opportunity to earn 
rewards. If it does, we will separately provide you with all 
information and terms about your rewards. We will include on your 
Statements all rewards you have earned. It might take up to two 
Billing Cycles for your earned rewards to appear on your Statement.

CA005_CAA_Fed_Format_April2013.indd   3

4/10/13   8:21 PM

 
Using Your Access Checks.
When we provide you with Access Checks, we will tell you 
whether we will treat them as purchases, Balance Transfers, 
Cash Advances, or Special Transfers. 

Only the person we designate may use Access Checks. Access 
Checks may not be used to pay any amount you owe us or 
any other company within the Capital One organization. We 
may reject and not pay any Access Check for any reason. 
Some examples of reasons why we may reject and not pay 
include: your Account is delinquent, charged-off, bankrupt, 
lost/stolen, or closed; our fraud system prevents the offer 
fulfillment; your Account is overlimit; or the checks have 
expired. Any liability for our wrongful dishonor of an Access 
Check will be limited to your actual damages and will not 
exceed the amount of the Access Check.

When you use an Access Check, you will have fewer rights to 
dispute merchant transactions than with other uses of your 
Card. Please see the “Billing Rights Summary” part of your 
Statement and your other Truth in Lending Disclosures for 
more information.

Stopping Payment of Access Checks.
You may request a stop payment on any Access Check by 
contacting us as provided on your Statement. We may charge 
you a Fee to stop payment as described in the Interest 
Charges and Fees section. If you call us to stop payment, you 
must also send to us a written request within 14 calendar days.

We will have a reasonable amount of time after your stop 
payment request to research the situation and complete it. 
We will not be responsible if we cannot complete the stop 
payment because the Access Check was already paid, you do 
not give us the information we asked for or the information 
you gave us was incorrect. If we cannot stop payment for 
these reasons, we may still keep the stop payment Fee.

Once we complete a stop payment, we do not have to release 
the stop payment order unless the same person asks us to. 
If we re-credit your Account after paying an Access Check 
following a valid stop payment order, you give us all of your 
rights against the payee or other holder of the paid Access 
Check. You also agree to help us in any actions we might 
later take against that person.

Using a PIN. 
We may give you a personal identification number (PIN). For 
security reasons, you might have to provide the PIN before 
you are able to complete some transactions using the Card.

With a PIN, you may use your Card to: (1) obtain cash 
from certain automated teller machines (ATM) or (2) make 
purchases at certain merchant or retailer point-of-sale devices 
(POS). You may do these things if the ATM or POS requires 
entry of a PIN and displays the logo of the Payment Card 
Network on your Card. We will treat all ATM transactions as 
Cash Advances and all POS transactions as purchases.

You should keep your PIN secure and not write it down, give it 
to anyone, or keep it with your Card. If you lose your Card or 
believe that someone has gained unauthorized access to your 
PIN, you must contact us immediately.

Authorized Users.
You may ask us to add one or more Authorized Users 
with additional Cards on your Account. If we agree to 
your request, we will need certain information about the 
Authorized User to manage your Account. This will be the 
same information you provided about yourself as described 
in the Account Information Section. We may limit an 

Authorized User’s ability to initiate certain transactions. If we 
do, we will tell you about these limitations before adding any 
new Authorized User on your Account.

Once we add an Authorized User to your Account, we 
may discuss your Account with them and provide them 
with Account information. You will be responsible for the 
Authorized User’s use of the Card and your Account as well 
as anyone else they allow to use your Card or Account. This 
will be true even if you did not want, or agree to, the use.

Removing an Authorized User.  
If you want to remove an Authorized User from the Account, 
you must contact us as provided on your Statement and 
request their removal. We will have a reasonable amount of 
time after your request to research the situation and remove 
them. You also must immediately destroy all Cards in their 
possession and cancel all of their billing arrangements to 
the Account. We will not do this for you. During this time, 
you still will be responsible for all amounts they charge to the 
Account. You will be responsible even if these amounts do not 
appear on the Account until later. An Authorized User may 
remove themselves from the Account upon request.

We may close your existing Account and/or issue a new Card 
with a new Account number.

Your Promise to Pay.
You promise individually and jointly to pay us all amounts due 
on your Account. This includes amounts where you did not 
sign a purchase slip or other documents for the transaction. 
If you use your Card number without presenting your actual 
Card (such as for mail, telephone, or Internet purchases), 
this will be treated the same way as if you used the Card 
in person. If you let someone else use your Card, you are 
responsible for all transactions that person makes. Your 
promise to pay us will apply to your estate if you die.

Statements.
We will send you one Statement for all Cards on your 
Account unless the law does not require or permit us to 
send a Statement. Statements will be sent at the end of 
each Billing Cycle when your Account has a debit or credit 
balance of more than $1.00, or if we have charged any 
Interest Charges to your Account. Your Statement will show 
all transactions billed to your Account during the Billing Cycle 
along with other important Account information. 

Disputed Transactions.
You must inspect each Statement you receive and tell us 
about any errors or questions you have as described in 
the “Billing Rights Summary” part of your Statement and 
other Truth in Lending Disclosures. If you do not notify us 
as provided in those disclosures, we may assume that all 
information in the Statement is correct.

If you dispute a transaction made by you or someone else on 
your Account, and we later credit your Account for all or part 
of the disputed amount, you give us all of your rights against 
that other person. You also will:

(1)  give us any merchandise or other purchases you received 

in connection with the disputed amount if we ask;
(2)  not pursue any claim or reimbursement from the 

merchant and that other person; and

(3)  help us pursue and get reimbursement from the merchant 

and that other person; your help includes giving us 
documents that we ask for and that are acceptable to us.

Interest Charges and Fees.
We will charge Interest Charges and Fees to your Account 
as disclosed to you in your Statements and other Truth in 

CA005_CAA_Fed_Format_April2013.indd   4

4/10/13   8:21 PM

Lending Disclosures. In general, Interest Charges begin to 
accrue from the day a transaction occurs. However, we will not 
charge you interest on any new balances posted to the purchase 
Segment of your Account provided you have paid your previous 
balance in full by the due date.
We will treat the following Fees as purchase transactions unless 
otherwise specified below. These Fees apply to your Account only 
if they are provided in your Truth in Lending Disclosures. We may 
increase your Interest Charges and Fees as described in the Changes 
to Your Agreement section or in your Truth in Lending Disclosures.

Minimum Payment.
Your Statement will provide instructions for making payments, 
including the amounts due and the due date for receiving 
your payment. If applicable, your Statement will also include a 
minimum payment amount. To avoid a late payment Fee, you 
must pay us at least this minimum payment amount by the due 
date provided in the Statement. If you have agreed to incur Fees 
for going over your credit limit, be aware that paying only the 
minimum payment amount might not be enough to avoid an 
overlimit Fee. 

•  Membership Fee. We may charge you this Fee as early as 

your first Billing Cycle or the first Billing Cycle after this Fee 
becomes effective. If it is an annual Fee, we may then charge 
it approximately once per year. If it is a monthly Fee, we may 
charge it once in each Billing Cycle. This Fee is payable in 
advance even if you do not use your Account.

•  Late Payment Fee. We may charge you this Fee if we do not 

receive your payment in time for us to credit it by the due date 
shown on your Statement.

•  Overlimit Fee. If you agree, we may charge you this Fee when 

a transaction causes you to go over or remain over any of your 
credit limits during any Billing Cycle. We may also charge you 
two additional Fees if your balance remains over your credit 
limits as of the payment due date in future Billing Cycles. You 
will only pay one Fee per Billing Cycle, even if you go over your 
limit multiple times in the same cycle.

•  Returned Payment Fee. We may charge you this Fee each time 

any payment you make to us is not paid by your financial 
institution for any reason, even if that institution later pays it.

•  Stop Payment Fee. We may charge you this Fee each time you 
request us to stop payment on an Access Check or you renew 
an existing stop payment order as provided in the Stopping 
Payment of Access Checks section.

•  Copying Fee. We may charge you a per-page Fee for copies of 
transaction documents or Statements unless they are required 
in resolving a billing dispute.

•  Cash Advance Fee. We may charge you this Fee each time 

you obtain a Cash Advance. This Fee will be treated as a Cash 
Advance transaction.

•  Transfer Fee. We may charge you this Fee each time you 

obtain a Transfer. This Fee will be treated either as a Special 
Transfer or purchase transaction depending on the Segment in 
which the Transfer posts.

Transactions Made in Foreign Currencies.
If you make a transaction in a foreign currency, the Payment 
Card Network will convert it into a U.S. dollar amount. 
The Payment Card Network will use its currency conversion 
procedures in effect when it processes the transaction. The 
conversion rate in effect on the processing date might differ 
from the rate in effect on the transaction or posting date. We 
do not currently adjust the currency exchange rate or charge any 
additional currency conversion Fees. 

No Warranties.
Except as otherwise provided in the “Billing Rights Summary” 
part of your Statements, we are not responsible for any claim 
you might have regarding the purchases of goods or services 
made with your Card. 

Merchant Refunds.
If you are entitled to a refund for goods or services purchased 
with your Card, you will accept these refunds as credits to the 
purchase Segment of your Account. We do not control when a 
merchant sends us your refund. We will also have a reasonable 
amount of time after we receive your refund to process it.

In addition to the minimum payment, you may pay all or part 
of the total balances on your Account. However, you must still 
pay at least the minimum payment amount each month, even if 
you paid greater than the minimum on the previous Statement. 
We will continue to charge Interest Charges during Billing Cycles 
when you carry a balance regardless of whether your Statement 
includes a minimum payment that is due. If your Account is 180 
days past due, part of a bankruptcy proceeding or otherwise 
charges off, the entire balance is immediately due and payable.

Making Payments.
Your payments must be in U.S. dollars from a U.S. deposit 
account and otherwise be acceptable to us. We do not accept 
cash payments through the mail. You may not make payments 
with funds from your Account or any other credit account with 
us or any other company within the Capital One organization. 

Mailed Payments.
You must mail payments to us at the address provided on your 
Statement or as otherwise instructed by us or our agents. We 
will credit it to your Account on the day we receive it, if:

(1)  you send the payment coupon included with your Statement 

in the same envelope with your payment;

(2)  you include your Account number on your payment; and 

(3)  your payment arrives at the address indicated on the 
payment coupon in our processing center by the time 
indicated on your Statement. 

If your due date occurs on a day on which we do not receive 
payments, any payment received the next day which conforms 
to the above requirements will not be treated as late.

Please allow at least 7 days for postal delivery. Unless we or our 
agents specifically instruct you to remit payment in a different 
manner, payments received at any other location or in any other 
form might not be credited for up to 5 days. This might cause you 
to be charged late payment Fees and additional Interest Charges.

Faster Payment Services.
We may make services available that allow you to make faster 
payments through a customer service representative using 
a telephone, the Internet, or other payment system. We will 
describe the terms for using these services before you use them. 
You do not have to use these other payment services, and we 
may charge you a Fee for using them. If we do, we will tell you 
the amount of the Fee at the time you request the service. We are 
not responsible if a payment made using our payment services is 
rejected or not paid. Even if it is, we may still keep the Fee.

If you give your Account number or other Account information 
to someone else to make a payment for you, we may provide 
Account information to them and process their payment as if you 
made it. We may refuse to accept any payment made by someone 
else for your Account. If we accept a payment made by someone 
else for your Account, you will be responsible for the payment 
made even if that payment is rejected or not paid. 

Payment Processing.
We may accept and process payments without losing any of 
our rights. Even if we credit your payment to your Account, we 

CA005_CAA_Fed_Format_April2013.indd   5

4/10/13   8:21 PM

may delay the availability of credit until we confirm that your 
payment has cleared. We may resubmit and electronically 
collect returned payments. We may also adjust your Account 
as necessary to correct errors, to process returned and 
reversed payments, and to handle similar issues.
When you provide an Item as payment, you authorize us either 
to use information from your Item to make a one time electronic 
fund transfer from your deposit account or to process the 
payment as an Item. We will provide additional information 
about this process on your Statement or other documents we 
send you before your payment. You may contact us and ask that 
we not process your future Items in this way. 

When you provide an Item as payment, it might also be 
converted into an electronic image and collected and returned 
electronically. These electronic images may also be converted 
to substitute checks. We will not be responsible if an Item you 
provide has physical features that when imaged result in it not 
being processed as you intended.

How We Apply Your Payments.
We apply your minimum payments to lower Annual Percentage 
Rate balances before higher ones. We apply any portion of 
your payment, in excess of your minimum payment, to higher 
Annual Percentage Rate balances before lower ones.

Items with Restrictive Words, Conditions, 
or Instructions.
All Items that have restrictive words, conditions, limitations, or 
special instructions added (including Items marked with the 
words “Paid in Full” or similar language) and all accompanying 
communications must be mailed to and received at: Capital 
One, P.O. Box 30285, Salt Lake City, UT 84130-0285. 
If you make your payment or send any accompanying 
communications to any other address, we may accept and 
process the payment without losing any of our rights.

Credit Balances.
We may reject and return to you any payment that creates a 
credit balance on your Account. Any credit balance we allow 
will not be available until we confirm that your payment has 
cleared. We may reduce the amount of any credit balance by 
any new amounts billed to your Account. You may contact us 
as provided on your Statement and request a refund of any 
available credit balance. If you contact us in writing, we will 
refund your credit balance within 7 Business Days from our 
receipt of your written request.

Account Default.
We may consider you in default of your Agreement with us if:

(1) you do not make any payment when it is due;
(2)  any payment you make is rejected, not paid or cannot be 

processed; 

(3) you exceed a credit limit; 
(4)  a bankruptcy or other insolvency proceeding is filed by or 

against you; 

(5)  you die or are legally declared incompetent or incapacitated; 
(6)  we determine that you made a false, incomplete, 
or misleading statement on any of your Account 
documentation, or you otherwise tried to defraud us; 
(7)  you do not comply with any term of this Agreement or 

any other agreement with us; or

(8) you permanently reside outside the United States.

For certain actions, including changing the rates and Fees 
on your Account, our options appear in our original offer 
materials when you opened your Account. Remember, paying 
the Fees charged in connection with a default will not by 
itself cure the default. In addition, if you are in default, we 
may take the following actions without notifying you, unless 
the law says that we must notify you:

(1) close or suspend your Account;
(2) lower your credit limits;
(3) increase your minimum payment; 
(4)  demand that you immediately pay the entire balances 

owing on your Account (for example, as described in the 
Minimum Payment section);

(5)  continue to charge you Interest Charges and Fees as long 

as your balances remain outstanding; and/or

(6)  pursue any other action against you that the law allows, 

which includes the filing of a lawsuit against you. 
You must pay us all of our collection expenses, attorneys’ 
fees, and court costs unless the law does not allow us to 
collect these amounts. 

Communications.
We may contact you from time to time regarding your 
Account. We may contact you in any manner we choose unless 
the law says that we cannot. For example, we may: 

(1)  contact you by mail, telephone, email, fax, recorded 

message, text message, or personal visit;

(2)  contact you using an automated dialing or similar device 

(“Autodialer”);

(3)  contact you at your home and at your place of 

employment;

(4) contact you on your mobile telephone;
(5)  contact you at any time, including weekends and holidays;
(6) contact you with any frequency; 
(7)  leave prerecorded and other messages on your answering 

machine/service and with others; and 

(8)  identify ourselves, your relationship with us, and our purpose 

for contacting you even if others might hear or read it.

Our contacts with you about your Account are not unsolicited 
and might result from information we obtain from you or 
others. We may monitor or record any conversation or other 
communication with you. Unless the law says we cannot, 
we may modify or suppress caller ID and similar services and 
identify ourselves on these services in any manner we choose. 
When you give us or we obtain your mobile telephone number, 
we may contact you at this number using an Autodialer and 
can also leave prerecorded and other messages. We may do 
these things whether we contact you or you contact us.

If you ask us to discuss your Account with someone else, you 
must provide us with documents that we ask for and that are 
acceptable to us.  

Credit Reports.
We may provide information about you and the Account to 
consumer (credit) reporting agencies and others as provided 
in our Privacy Notices. Information we provide might appear 
on your and the Authorized Users’ credit reports. This could 
include negative information if you do not comply with the 
terms of this Agreement. We may obtain and use credit 
and income information about you from consumer (credit) 
reporting agencies and others as the law allows.

Closing or Suspending Your Account.
You may ask us to close your Account by calling or writing us 
as described on your Statement. Your Statement will provide 
additional information about this process, and we may also 
separately provide you with additional details after your 
request. This might include payment information. If you use 
your Card or charges post to your Account after you ask us to 
close it, we may keep it open or reopen it. 

We may close or suspend your Account and your right to 
obtain credit from us. We may do this at any time and for 
any reason, permitted by law, even if you are not in default. A 
suspension of your Account might be permanent or temporary.

CA005_CAA_Fed_Format_April2013.indd   6

4/10/13   8:21 PM

 
If your Account is closed or suspended for any reason, you 
must stop using your Card. You must also cancel all billing 
arrangements to the Account. We will not do this for you. 
If we close or permanently suspend your Account, you must 
also destroy all Cards. You must still pay us all amounts you 
owe on the Account, even if they are charged after your 
Account is closed or suspended.

Lost or Stolen Card.
You will take reasonable steps to prevent the unauthorized use 
of your Card and Account. If your Card is lost or stolen or if 
someone else might be using it without your permission, you 
must tell us at once. You may tell us by calling the telephone 
number on the back of your Card or on your Statement or by 
writing us at the address on your Statement. You will not be 
responsible for charges made to your Account that are found 
by us to be unauthorized. If we reimburse your Account for 
unauthorized charges made using your Card, you will help 
us investigate, pursue, and get reimbursement from the 
wrongdoer. Your help includes giving us documents that we 
ask for and that are acceptable to us.

Changes to Your Agreement.
At any time, we may add, delete, or change any term of this 
Agreement unless the law prohibits us from doing so. We will 
give you notice of any changes as required by law. If we do 
notify you of changes, we will send you a separate notice or 
inform you on your Statement. We may send this notice to 
you electronically as permitted by law. Our notice will tell you 
when and how the changes will take effect and describe any 
rights you have in connection with the changes. 

Your variable Annual Percentage Rates (if applicable) can go up or 
down as the index for the rate goes up or down. If we increase 
your Interest Charges for any other reason we will notify you in 
writing. If we increase your Fees or other terms of your Account 
we will notify you in writing and inform you of your options in 
advance, including the right to opt out of some of these changes.

We may increase your Interest Charges for new transactions 
and your Fees after the first year of the Account. Also, if your 
payment is not received within 60 days after the payment 
due date, we may increase your Interest Charges and Fees for 
existing balances and new transactions at any time. We may 
change any other terms of your Account at any time.

The Law that Applies to Your Agreement.
We make decisions to grant credit and issue you a Card from 
our offices in Virginia. This Agreement will be interpreted using 
Virginia law. Federal law will be used when it applies.
You waive any applicable statute of limitations as the law 
allows. Otherwise, the applicable statute of limitations 
period for all provisions and purposes under this Agreement 
(including the right to collect debt) will be the longer period 
provided by Virginia or the jurisdiction where you live. If any 
part of this Agreement is found to be unenforceable, the 
remaining parts will remain in effect.

Waiver.
We will not lose any of our rights if we delay taking any 
action for any reason or if we do not notify you. For example, 
we may waive your Interest Charges or Fees without notifying 
you and without losing our right to charge them in the 
future. We may always enforce our rights later and may take 
other actions not listed in this Agreement if the law allows 
them. You do not have to receive notice from us of any 
waiver, delay, demand or dishonor. We may proceed against 
you before proceeding against someone else.

Assignment.
This Agreement will be binding on, and benefit, any of your 
and our successors and assigns.

You may not transfer your Account or your Agreement to 
someone else without our written permission. 

We may transfer your Account and this Agreement to another 
company or person without your permission and without prior 
notice to you. They will take our place under this Agreement. 
You must pay them and perform all of your obligations to 
them and not us. If you pay us after you are informed or learn 
that we have transferred your Account or this Agreement, we 
can handle your payment in any way we think is reasonable. 
This includes returning the payment to you or forwarding the 
payment to the other company or person. 

Glossary.

• “Access Check” means any check we send to you to access 
your Account. We may also refer to an Access Check as a 
“convenience check” or a “purchase check.”

•“Account” means your Card Account with us.

• “Authorized User” means one or more persons who may 

use the Card but is not responsible for the repayment of the 
Account. 

• “Balance Transfer” means a Transfer posted to the 
purchase Segment of your Account unless otherwise 
described in your Truth in Lending Disclosures.

• “Billing Cycle” means a period of time that might vary 

in length but is approximately 30 days. The specific period 
of time is described on each Statement. However, you will 
have a Billing Cycle even if a Statement is not required. 
We will often specify a Billing Cycle by the month in which 
its closing date occurs as provided on the Statement. For 
example, a “March Billing Cycle” will have a closing date 
in March. We may also refer to a Billing Cycle as a “Billing 
Period.” If your Account balance has charged off, we may 
switch to quarterly Billing Cycles to your Account.

• “Business Day” means any day in which Capital One’s 

offices are open for the processing of payments and credits.

• “Card” means any Capital One credit Card associated with 

your Account, which includes all renewals and substitutions. 
It also means any other access device for your Account we 
give you that allows you to obtain credit, including any 
Account number and any Access Check. 

• “Cash Advance” means using the Card to obtain loans in 

cash or things we consider cash equivalents. Cash equivalents 
include wire transfers, travelers’ checks, money orders, 
foreign currency, lottery tickets, gaming chips, and wagers. 
Cash Advances are posted to the Cash Advance Segment of 
your Account and not to your purchase Segment.

• “Fees” means charges imposed on your Account that are 

not based on the Annual Percentage Rates.

• “Interest Charges” means any charges to your Account 
based on the application of Annual Percentage Rates.

• “Item” means a check, draft, money order, or other negotiable 

instrument you use to pay your Account. This includes any image 
of these instruments. This does not include an Access Check.

• “Payment Card Network” means Visa Inc., MasterCard 
International Incorporated, or any other network provider 
displayed on the Card.

CA005_CAA_Fed_Format_April2013.indd   7

4/10/13   8:21 PM

• “Segments” means the different parts of your Account 

we may establish that are subject to unique pricing, grace 
periods, or other terms. We create these parts of your 
Account for such things as your purchases, Cash Advances, 
and Special Transfers.

• “Special Transfer” means a Transfer posted to the Special 
Transfer Segment of your Account and not to your purchase 
Segment.

• “Statement” means a document or information we 

provide to you showing Account information including, 
among other things, transactions made to your Account 
during a Billing Cycle. We might also refer to your Statement 
as a “Periodic Statement” or a “Billing Statement.” 

• “Transfers” means balances transferred from other 

Accounts to this Account and includes Balance Transfers and 
Special Transfers.

• “Truth in Lending Disclosures” means any Account 
information we provide to you that is required by the 
federal Truth in Lending Act and Regulation Z. These include 
your application and solicitation disclosures, Account 
opening disclosures, subsequent disclosures, Statements, 
and change in terms notices.

© 2013 Capital One
Capital One is a federally registered service mark. 
All rights reserved.

CA005_CAA_Fed_Format_April2013.indd   8

4/10/13   8:21 PM

005