Credit Card Agreement for Kawasaki Good Times TM Cards in Capital One, N.A.
There are two parts to this Credit Card Agreement: Capital One Pricing Information and the Capital One Customer Agreement. The Pricing Information shows
a range of terms that includes both mail and online offers for new accounts available under this Agreement as of March 31, 2014. 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
21.99%.
(APR) for Purchases
This APR will vary with the market based on the Prime Rate.
Penalty APR and When It
28.99%.
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 longer be eligible for the Standard
Rate and all existing Promotional Credit Plans will terminate, and your entire Account balance will be subject to the Penalty Rate.
If your Account becomes subject to the Penalty APR, we will provide advance notice before the new Penalty APR goes into effect. If
you make the next six consecutive on time minimum payments starting with your first payment due once the Penalty APR goes
into effect, your rates will return to the non-penalty APR(s) applicable to your Account. If you do not make these six consecutive on
time minimum payments, we may keep the Penalty APR on your Account indefinitely.
How to Avoid Paying
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 18.74 percentage points for the Standard Rate and a "Spread" of 25.74
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
NOTICE FOR MARRIED WISCONSIN RESIDENTS: No provision of a marital
ABOUT ACCOUNT FEES & OTHER CHARGES
property agreement, unilateral statement under Section 766.59 of
the Wisconsin Statutes, or court order under Section 766.70 of the
FEES AND LIMITS
Wisconsin Statutes adversely affects the interest of the creditor unless
The fees that apply to your Account are shown in the purchase balance
the creditor, prior to the time the credit is granted, is furnished a copy
unless otherwise stated in this Agreement.
of the agreement, statement or decree or has actual knowledge of
the adverse provision when the obligation to the creditor is incurred.
If charging any fee shown in the chart would exceed first-year fee
If you are married, by submitting your credit card application you are
limits set by law, we may charge an amount allowed by law. If we do
confirming that this credit card obligation is being incurred in the
this, it does not affect our ability to charge the full fee amount later.
interest of your marriage and your family. If the credit card for which
you are applying is granted, you will notify the Bank if you have a
LATE PAYMENT FEE
spouse who needs to receive notification that credit has been extended
This fee is shown in the chart below. It is charged in any billing
to you.
cycle that you do not pay at least the Minimum Payment Due by the
Payment Due Date. In no event will your Late Payment Fee exceed the
CARDHOLDER AGREEMENT AND DISCLOSURE STATEMENT
Minimum Payment Due.
You have been approved for a Kawasaki Good Times credit card. This
account is issued by Capital One, N.A. (Capital One).
Outstanding
Late Payment Fee
Late Payment Fee-if
INTEREST RATES INFORMATION
Balance on
first time your
another payment is late
Your variable Annual Percentage Rate (APR) is your Spread plus the
Payment Due Date
payment is late.
during the next 6 billing
Prime Rate, which is described in the HOW A VARIABLE RATE MAY
cycles.
CHANGE section. Your Daily Periodic Rate (DPR) is described in the
INTEREST CHARGES section.
Up to and
$15
$15
including $100
Rates accurate as of 11/01/2013
More than $100
$25
$35
and up to and
APR
DPR
Spread
including $1000
Standard APR
21.99%
.06025%
18.74%
More than $1000
$25
$35
Penalty APR
28.99%
.07942%
25.74%
OVER THE CREDIT LIMIT FEE
This fee is shown in the separate chart "Account Opening Table" and
HOW A VARIABLE RATE MAY CHANGE
will be charged if:
Your variable APRs can change with each monthly billing cycle.
your Account balance exceeds your credit limit at any time during a
billing cycle.
We will apply each APR to the applicable balance for each type of
transaction. Each variable APR will be equal to:
RETURNED PAYMENT FEE
a) the amount shown in the chart ("Spread"); plus
This fee is shown in the separate chart "Account Opening Table". It is
b) the U.S. "Prime Rate" as defined below.
charged each time a check or other form of payment to us is returned
or not honored.
The Prime Rate will be as shown in the Money Rates table of The Wall
Street Journal that is in effect on the last day of the month.
PAYMENT BY PHONE FEE
This fee:
Any changes in the Prime Rate will take effect on the first day of your
may be charged each time anyone makes a payment to your
billing cycle beginning in the next month.
Account with the assistance of a live phone representative; and
the amount is disclosed at the time a payment by phone is requested.
An increase in the U.S. Prime Rate will increase your Daily Periodic
Rates. It may also increase your
COPY REQUEST FEE
Interest Due; and/or
A copy request fee may be charged each time a copy of a document is
Minimum Payment Due.
requested.
ABOUT THE PENALTY APR
The fee amount will be disclosed at the time of your request.
If you do not make your Minimum Payment Due within 60 days after
the Payment due date we may increase your APRs to the Penalty APR.
REISSUED CARD FEE
You may be charged $5 each time you request that your credit card be
If this occurs:
reissued.
we will provide advance notice before the Penalty APR goes into effect.
once the Penalty APR goes into effect, if you make six consecutive
MINIMUM PAYMENT DUE
on-time minimum payments when due, your rates will return to the
You agree to pay us at least the Minimum Payment Due, reflected on
non-penalty APRs applicable to your Account.
your statement. If you wish, you may pay more than the Minimum
If you do not make six consecutive on time minimum payments, we
Payment Due and at any time you may pay the entire amount due.
may keep the Penalty APR on your Account indefinitely.
Your Minimum Payment due is equal to your Minimum Payment
plus the Special Repayment Terms for any Promotional Credit Plans
ABOUT INTEREST CHARGES
with a special repayment term plus any debt cancellation fees or
credit insurance premiums attributable to any Reduced Rate/Special
TREATMENT OF FEES AND INTEREST
Repayment Terms Credit plans plus any delinquent amounts. The
Any fees or Interest will be added to your purchase balance unless
Minimum Payment is the greater of a.) $25 or b.) 1% of your "New
otherwise stated in this Agreement.
Balance" (which does not include balances on Special Repayment
Terms Credit Plans) plus billed Interest Charges plus any Late Fees
MINIMUM INTEREST CHARGE
assessed for that month, rounded to the next highest dollar. Your
If you are charged Interest, the charge will be no less than the
monthly billing statement will include requirements for you to
Minimum Interest Charge listed in the separate chart "Account
follow in making payments including the cut-off hour for receipt of
Opening Table".
payments, which may affect crediting of your payments.
INTRODUCTION
If your Account is a joint Account, each of you is jointly and
individually responsible for amounts due. This remains true in the event
KEY TERMS
of death, divorce or other events that affect liability between you and
"You" and "your" means each Applicant and Joint Applicant who:
the other person.
applied for this Account bearing the name Kawasaki Good TimesTM
and/or
If any joint Accountholder requests to not be liable for future
agrees to pay for the Account.
transactions, we may close the Account.
SECURITY INTEREST
"We," "us," and "our" means Capital One, N.A., located at 1111 Town
Except as described below:
Center Drive, Las Vegas, Nevada 89144.
we will release the money security interest in a good purchased
"Applicant" means the primary Cardholder. "Joint Applicant" means
using the Account when sufficient payments have been made to
the secondary Cardholder.
repay the portion of the balance on the Account attributable to the
purchase of the good.
"Agreement" means all parts of this document and any future
You should be aware that:
supplements or amendments.
our allocation of your payments to the balance(s) on the Account is
"Card" means any card, card number or other device we issue to
subject to federal regulations; and
access your Account.
in some cases, this may result in some or all of your payments being
allocated to other balances on the Account. This includes other
GETTING STARTED
balances which may pertain to a purchase money security interest in
The Card must be signed to be used.
a different good, or goods, purchased using the Account.
When you use the Account or sign the card or sales slips, you agree to:
You may call the customer service number for your Account to request
the terms of this Agreement; plus
that we reallocate payments (including future payments) solely for
purposes of releasing the purchase money security interest in a
any amendments or supplements to the Agreement.
particular good ("Release Good"). If you do this, we:
reserve the right to honor your request solely at our discretion; and
You may close your Account at any time. Please see the Closing Your
Account section for details.
may deny your request if, for example, we believe that a different
allocation will provide us greater protection.
USING YOUR ACCOUNT
If we honor the request:
ALLOWED USE
this may result in your payments (including previous payments) being
You agree to:
allocated in a manner that delays our release of a purchase money
use your Account only for lawful purposes
security interest in any other good(s) purchased with the Account,
use your Account for only personal, family, household, or charitable
and for which there is a balance outstanding, until your payments are
purposes; and
allocated in a manner that results in a release of our purchase money
repay us for all costs related to uses not allowed under this Agreement.
security interest in the Release Good.
You are not allowed to use your Account:
WHEN AND HOW TO PAY
to make payments to this credit card or any other loan payments to
You agree to:
us or our affiliates; or
pay at least the Minimum Payment Due shown on your billing
for internet gambling.
statement; and
make this payment in time to be credited by no later than the
If you have given someone permission to use the Card, this is not
Payment Due Date.
unauthorized use and you will be liable for all use by that person.
How your Minimum Payment Due is determined as shown in the
CREDIT LIMIT
MINIMUM PAYMENT DUE section.
When you open your Account, we will tell you your credit limit.
If you wish, you may pay more than the Minimum Payment Due or the
We may change this limit from time to time. Whenever this occurs, we
entire balance at any time.
will notify you:
on your billing statement; and/or
Instructions for making timely payments are shown on your billing
by sending a notice.
statement.
You agree to:
Payments must be:
keep your Account balance (which includes Interest and other
made in U.S. dollars; and
charges) within your credit limit; and
paid from a U.S. bank or other U.S. financial institution; and
immediately pay any over limit amount that might occur.
sent in a form that is acceptable to us.
Your available credit may not reflect your payments for up to 14 days.
Acceptable forms of payment include:
If a transaction would exceed your available credit limit, we may
a check or money order; or
decline it.
an electronic funds transfer
USING THE ACCOUNT
If you want to write any special conditions on your payment, such
At times we may:
as "paid in full", "without recourse", or similar language, you must:
decline a transaction if there is not enough available credit and for
- Mark this clearly on your payment.
any other reason and/or;
require our Authorization before allowing a transaction.
- Payment must be marked for Special Handling and
sent to: Capital One, PO Box 5226, Carol Stream, IL
A merchant may check your ID.
60197-5226.
We are not liable if:
Unless you follow the above directions, we may accept a payment
a merchant refuses your card; and/or
marked with special conditions and not agree to those conditions, and
we do not complete your transaction for any reason.
will not lose any of our rights.
PAYING YOUR BILL
By sending us a check for payment on your Account, you authorize us
either to:
PROMISE TO PAY
use information from your check to initiate an electronic fund
You promise to pay for all:
transfer from your payment account according to the terms of the
credit we extend; plus
check; or
Interest charges and other fees or charges; plus
to process this transaction as a check.
collection costs and attorney fees as allowed by law.
When we use your check to make an electronic fund transfer:
For Same As Cash Plans, if interest is applied, the interest is accrued
funds may be withdrawn from your payment account the same day
from the transaction date of the purchase through the current cycle.
we receive your payment; and
The Interest Charge is the total of:
you will not receive your check back from your bank.
the applicable Daily Periodic Rate for the current cycle times the Daily
Balance for each day in the current cycle; plus
When you use our optional payment by phone service, you agree that:
the applicable Daily Periodic Rate for each prior cycle times the Daily
we may make an electronic funds transfer from the bank account
Balances of the Credit Plan for each day during each prior cycle.
you choose; or
we may process the payment the same way we would process a check.
For Plans other than Same As Cash, the interest charge is the total of:
the applicable Daily Periodic Rate for the Plan times the Daily Balance
You authorize the amount and timing of each payment. Please retain
for the plan for each day in the cycle.
this authorization for your records.
HOW DAILY BALANCE IS DETERMINED
If you have a returned payment:
To determine your Daily Balance, we:
the amount you paid will be added back to your Account and
take the opening balance for each Plan for that day; then
may be applied to a different category than originally posted. (e.g.
add the following that were incurred on that day:
purchases, etc.); and
a) any new purchases
Interest Charges may be restored back to the payment date at the
b) any previous day's periodic Interest Charges
APR for that transaction.
c) any fees and charges, including any credit insurance premiums or
ACCOUNT FEES AND OTHER INTEREST RATES
debt cancellation fees, if these apply; then
subtract any payments and/or credits.
ABOUT YOUR APRs
Your APRs are shown on page 1 and in the separate chart "Account
For any Same As Cash Credit Plan:
Opening Table"
Any credit insurance premiums or debt cancellation fees are not
included in the Daily Balance of that Plan during the promotional period.
A Daily Periodic Rate is used to determine your Interest Charges in any billing
cycle. To determine this rate, we divide your APR by 365; then round this
We also make any needed adjustments. For example:
number up to the next hundred thousandth of a percentage point.
If a transaction posts after but occurs before the start of a billing cycle,
we may adjust the amount above to include this transaction. It will be
PROMOTIONAL CREDIT PLANS
included as of the first day of the billing cycle in which it posts.
From time to time, we may offer one or more Promotional Credit
If your Account is subject to a grace period during the billing cycle,
Plans. These may be offered to you:
your payments will be subtracted from all Daily Balances in the
prior to your purchase; and/or
current billing cycle.
at the time of your purchase.
If a transaction for a returned payment or a dispute resolved in our favor
Any of these Plans may be offered at any time and are conditioned on
posts after the beginning of the billing cycle, we will make this adjustment:
your timely payment of at least the Minimum Payment Due for each
the applicable Daily Balance(s) and any related Interest Charges will
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
With this Plan there are no Interest Charges on your purchase for a
To calculate your Average Daily Balance, we:
add the Daily Balances for each day of the billing cycle; then
specified period.
b) Same As / Monthly Payment Credit Plan
divide this total by the number of days in the billing cycle.
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
for the specified period.
billing cycle on a Regular, Reduced Rate, or Special Repayment
e) Special Repayment Term / Reduced Rate Credit Plan
Terms Credit Plans if the combined Previous Balance of those Plans
With this Plan special repayment terms and a reduced periodic rate will
at the 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
Credit Plan purchases.
c) paid in full before the Payment Due Date that falls during the cycle;
Promotional Credit Plans are available only for transactions
2. For Waived Interest Charge Credit Plans: No interest is charged
on which the total amount financed is less than 130% of the
for the promotional period.
MSRP for the unit.
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.
If you make more than one purchase on your card, these balances may
be treated differently.
HOW WE APPLY PAYMENTS
The amount of your payment that is equal to the Minimum Payment
Certain rules apply to the allocation of payments and interest
Due is:
charges on your promotional purchase if you make more than one
applied as we determine within legal guidelines; and
purchase on your Card. Call 1-888-367-4310 or review the HOW WE
usually applied to the minimum due on each credit plan.
APPLY PAYMENTS section of this Agreement for information.
Any payment amount over the Minimum Payment Due is applied to
INTEREST CHARGES
higher APR balances before lower ones.
HOW INTEREST CHARGES ARE CALCULATED
If you have a Same As Cash Credit Plan(s):
Each billing statement shows the Interest Charges, which are
Until the final two complete billing cycles:
calculated separately for each:
We apply payments the same way we apply payments to a
Promotional Credit Plan with a unique due date or unique terms;
Same As Cash Credit Plan having a 0% APR
Regular Credit Plan
During the final two complete billing cycles and up to the date
The total interest charge for the billing cycle is the sum of the interest charge
of expiration we will apply payments received in this order:
1) To the required Minimum Payment Due; and
for each plan subject to the minimum interest charge shown in the chart.
2) To the plan(s) that is expiring, in the order of expiration.
MANAGING YOUR ACCOUNT
CREDIT REPORTING
You agree that we may obtain and use credit information about you
OTHER USERS
from others such as:
You may permit others to use your Card or Account Number.
merchants or stores;
You are responsible for all charges made by permitted users.
other lenders;
consumer reporting agencies.
If you wish to revoke another person's permission to use your Account,
you must notify us. We may close your Account and issue a new Card
If you believe we have reported inaccurate information about your
with a different Account number.
Account to any consumer reporting agency you should:
notify us and ask us to correct the inaccurate information by writing
UPDATING YOUR RECORDS
to us at Capital One, PO Box 5253, Carol Stream, IL 60197-5253.
You agree:
a) to give us prompt advance notice of any change in your name,
When you write to us, tell us:
mailing address, phone number, or employer;
your Account number; and
b) to promptly give us accurate financial information about you if we
the specific information you believe is not correct; and
ask for it; and
why you believe it is not correct.
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
CLOSING YOUR ACCOUNT
your Account will be charged monthly; this charge, which is called an
You can close your account at any time by mailing your request to
insurance premium, will be based on the Average Daily Balances of your
Capital One, PO Box 5226, Carol Stream, IL 60197-5226. Your request
Account for the billing cycle in which the premium is assessed; and the
becomes effective when we receive it.
charges will begin on the transaction date(s) of your purchase(s).
Once you close the Account:
OTHER AGREEMENTS
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:
PROTECTING YOUR CREDIT
a) close your Account;
b) suspend your credit privileges;
LOST OR STOLEN CARD
c) reduce your credit limit.
You agree to notify us immediately if:
your Card is lost or stolen; or
If we close your Account:
your Account is used without your permission.
Interest Charges and fees will continue to accrue until your balance
is paid in full; and
You may call at any time. The phone number is listed on your billing
you agree to return or destroy your Card(s).
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 unauthorized
may contact you in any manner we choose unless the law says that we
use of your card, you should call us at the number listed on your billing
cannot. For example, we may:
statement or the back of your card, or write to us immediately at:
1) contact you by mail, telephone, email, fax, recorded message, text
message or personal visit;
Capital One
2) contact you using an automated dialing or similar device ("Autodialer");
PO Box 5226, Carol Stream, IL 60197-5226
3) contact you at your home and at your place of employment;
You will not be liable for any unauthorized use that occurs after you
4) contact you on your mobile telephone;
notify us. You may, however, be liable for unauthorized use that occurs
5) contact you at any time, including weekends and holidays;
before your notice to us. In any case, your liability will not exceed $50.
6) contact you with any frequency;
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;
c) become the subject of bankruptcy proceedings, foreclosure,
Our contacts with you about your Account are not unsolicited and
repossession, lien or judgment, garnishment, or attachment;
might result from information we obtain from you or others. We
d) give us misleading, false or incomplete information;
may monitor or record any conversation or other communication
e) fail to give us a current physical address when you apply and
with you. Unless the law says we cannot, we may modify or suppress
whenever you move;
caller ID and similar services and identify ourselves on these services in
f) make payments to us that are returned unpaid by your bank or other
any manner we choose. When you give us or we obtain your mobile
financial institution; or
telephone number, we may contact you at this number using an
g) default under any other agreement or security agreement you have
Autodialer and can also leave prerecorded and other messages. We
with us or with one of our affiliates; and/or
may do these things whether we contact you or you contact us.
h) become incompetent or deceased.
If you ask us to discuss your Account with someone else, you must
Upon default, we have the right to:
provide us with documents that we ask for and that are acceptable to us.
close your Account;
CHANGE OF TERMS
suspend your credit privileges;
We may change this Agreement as allowed by applicable law.
require you to pay your entire Account balance including any
This may include changing, adding, or removing terms. We
Promotional Credit Plan balances, all accrued but unpaid Interest
may do this in response to the legal, business, competitive
Charges and other charges provided for in this Agreement
environment or other reasons not listed here.
immediately;
terminate any Promotional Credit Plans and convert balances to a
We may increase the Interest rate on existing balances in
Regular Credit Plan;
limited circumstances. Changes to some terms may require at
change the terms of your Account;
least 45 days advance notice, and we will tell you in the notice
sue you for what you owe.
if you have the right to 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 your Account.
WAIVERS
What To Do If You Find A Mistake On Your Statement
If we delay or take no action allowed under this Agreement, for any
reason, we will not lose or limit any of our rights under this Agreement
If you think there is an error on your statement, write to us at:
on any other occasion.
Capital One
SEVERABILITY
PO Box 5893, Carol Stream, IL 60197-5893
If a term is found to be invalid under any applicable law, rule or
In your letter, give us the following information:
regulation, then all other terms of this Agreement will remain valid.
Account information: Your name and account number.
NOTICE FOR CALIFORNIA RESIDENTS: California law requires that
Dollar amount: The dollar amount of the suspected error.
we inform customers that should they fail to fulfill the terms of their
Description of problem: If you think there is an error on your bill,
credit obligation, a negative report reflecting on their credit record
describe what you believe is wrong and why you believe it is a mistake.
may be submitted to a credit reporting agency. If you are married, you
You must contact us:
may apply for credit in your own name.
Within 60 days after the error appeared on your statement.
NOTICE FOR FLORIDA RESIDENTS: You (borrower) agree that,
At least 3 business days before an automated payment is scheduled,
should we obtain a judgment against you, a portion of your
if you want to stop payment on the amount you think is wrong.
disposable earnings may be attached or garnished (paid to us
You must notify us of any potential errors in writing. You may call us,
by your employer), as provided by Florida and Federal law.
but if you do we are not required to investigate any potential errors
NOTICE FOR MAINE RESIDENTS: We may request a consumer report
and you may have to pay the amount in question.
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 received
Missouri Residents: Oral agreements or commitments to loan
your letter. We will also tell you if we have already corrected the error.
money, extend credit or to forbear from enforcing repayment of
2. Within 90 days of receiving your letter, we must either correct the
a debt including promises to extend or renew such debt are not
error or explain to you why we believe the bill is correct.
enforceable. To protect you (borrower(s)) and us (creditor) from
While we investigate whether or not there has been an error:
misunderstanding or disappointment, any agreements we reach
We cannot try to collect the amount in question, or report you as
covering such matters are contained in this writing, which is the
delinquent on that amount.
complete and exclusive statement of the agreement between us,
The charge in question may remain on your statement, and we may
except as we may later agree in writing to modify it.
continue to charge you interest on that amount.
While you do not have to pay the amount in question, you are
NOTICE FOR NEW YORK RESIDENTS: A consumer credit report may
responsible for the remainder of your balance.
be 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
this application. Upon your request, you will be informed whether or
After we finish our investigation, one of two things will happen:
not such a report was requested and, if so, the name and address of
If we made a mistake: You will not have to pay the amount in
the agency that furnished the report. New York residents may contact
question or any interest or other fees related to that amount.
the New York State Department of Financial Services to obtain a
If we do not believe there was a mistake: You will have to pay the
comparative listing of credit card rates, fees and grace periods. New
amount in question, along with applicable interest and fees. We will
York State Department of Financial Services: 1-800-522-3330.
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
NOTICE FOR OHIO RESIDENTS: The Ohio Laws against discrimination
amount we think you owe.
require that all creditors make credit equally available to all
creditworthy customers and that credit reporting agencies maintain
If you receive our explanation but still believe your bill is wrong, you
separate credit histories on each individual upon request. The Ohio
must write to us within 10 days telling us that you still refuse to pay.
If
Civil Rights Commission administers compliance with this law.
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
NOTICE FOR VERMONT RESIDENTS: A consumer credit report may
anyone to whom we reported you as delinquent, and we must let those
be 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
application. Upon your request, you will be informed whether or not
If we do not follow all of the rules above, you do not have to pay the
such a report was requested and, if so, the name and address of the
first $50 of the amount you question even if your bill is correct.
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
If you are dissatisfied with the goods or services that you have
Cardholder Agreement and Disclosure Statement is accurate as
purchased with your credit card, and you have tried in good faith to
of November, 2013. This information may have changed after
correct the problem with the merchant, you may have the right not to
that date. To find out what may have changed write to us at
pay the remaining amount due on the purchase.
1111 Town Center Drive, Las Vegas, Nevada 89144.
To use this right, all of the following must be true:
APPLICABLE LAWS
1. You must have used your credit card for the purchase. Purchases
This Agreement is governed by the Commonwealth of Virginia law and
made with cash advances from an ATM or with a check that
federal law.
accesses your credit card account do not qualify.
2. You must not yet have fully paid for the purchase.
We make our credit decisions and extend credit to you under this
Agreement from the Commonwealth of Virginia. This Agreement is:
If all of the criteria above are met and you are still dissatisfied with the
entered into in the Commonwealth of Virginia; and
purchase, contact us in writing at:
maintained in the Commonwealth of Virginia.
Capital One
This is true whether or not you use your card in the Commonwealth of
PO Box 5893, Carol Stream, IL 60197-5893
Virginia.
While we investigate, the same rules apply to the disputed amount as
Your Billing Rights: Keep This Document For Future Use
discussed above. After we finish our investigation, we will tell you our
decision. At that point, if we think you owe an amount and you do not
This notice tells you about your rights and our responsibilities under
pay, we may report you as delinquent.
the Fair Credit Billing Act.
BR251784 (11/13) M-110156