Credit Card Agreement for Walter E. Smithe 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
18.9%.
(APR) for Purchases
Penalty APR and When It
22.9%.
Applies
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 for the Standard Rate will be .05178% (corresponding 18.9% Annual Percentage Rate). The Daily Periodic Rate for
the Penalty Rate .06274% (corresponding 22.9% Annual Percentage Rate).
CAPITAL ONE® CUSTOMER AGREEMENT
How We Will Calculate Your Balance: We use a method called "average
daily balance (including new purchases)".
Outstanding Balance
Late Payment Fee
Late Payment Fee if
on Payment Due
first time your
another payment is late
Billing Rights: Information on your rights to dispute transactions and
Date
payment is late.
during the next 6 billing
how to exercise those rights is provided in this Cardholder Agreement.
cycles.
You may pay the entire New Balance at any time.
Up to and including
$19
$19
$100
NOTICE FOR MARRIED WISCONSIN RESIDENTS: No provision of a marital
property agreement, unilateral statement under Section 766.59 of
More than $100 and
$25
$29
the Wisconsin Statutes, or court order under Section 766.70 of the
up to and including
Wisconsin Statutes adversely affects the interest of the creditor unless
$500
the creditor, prior to the time the credit is granted, is furnished a copy
More than $500
$25
$35
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
OVER THE CREDIT LIMIT FEE
confirming that this credit card obligation is being incurred in the
This fee is shown in the table on page 1 and will be charged if:
interest of your marriage and your family. If the credit card for which
your Account balance exceeds your credit limit at any time during a
you are applying is granted, you will notify the Bank if you have a spouse
billing cycle.
who needs to receive notification that credit has been extended to you.
RETURNED PAYMENT FEE
This fee is shown in the table on page 1. It is charged each time a
CARDHOLDER AGREEMENT AND DISCLOSURE STATEMENT
check or other form of payment to us is returned or not honored.
You have been approved for a Walter E. Smithe credit card. This
PAYMENT BY PHONE FEE
account is issued by Capital One, N.A. (Capital One).
This fee:
INTEREST RATES INFORMATION
may be charged each time anyone makes a payment to your
Annual Percentage Rate ("APR") and Daily Periodic Rate ("DPR"). Your
Account with the assistance of a live phone representative; and
Daily Periodic Rate (DPR) is described in the INTEREST CHARGES section.
the amount is disclosed at the time a payment by phone is requested.
Rates accurate as of 11/01/2013
COPY REQUEST FEE
A copy request fee may be charged each time a copy of a document
is requested.
APR
DPR
The fee amount will be disclosed at the time of your request.
Standard APR
18.9%
.05178%
REISSUED CARD FEE
Penalty APR
22.9%
.06274%
You may be charged $5 each time you request that your credit card
be reissued.
ABOUT THE PENALTY APR
MINIMUM PAYMENT DUE
If you do not make your Minimum Payment Due within 60 days after
You agree to pay us at least the Minimum Payment Due, reflected on
the Payment due date we may increase your APRs to the Penalty APR.
your statement. If you wish, you may pay more than the Minimum
If this occurs:
Payment Due and at any time you may pay the entire amount due. Your
we will provide advance notice before the Penalty APR goes into
Minimum Payment due is equal to your Minimum Payment plus the Special
effect.
Repayment Terms for any Promotional Credit Plans with a special repayment
once the Penalty APR goes into effect, if you make six consecutive
term plus any debt cancellation fees or credit insurance premiums
on-time minimum payments when due, your rates will return to the
attributable to any Reduced Rate/Special Repayment Terms Credit plans plus
non-penalty APRs applicable to your Account.
any delinquent amounts. The Minimum Payment is the greater of a.) $25 or
If you do not make six consecutive on time minimum payments, we
b.) 1% of your "New Balance" (which does not include balances on Special
may keep the Penalty APR on your Account indefinitely.
Repayment 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 follow in making
ABOUT INTEREST CHARGES
payments including the cut-off hour for receipt of payments, which may
TREATMENT OF FEES AND INTEREST
affect crediting of your payments.
Any fees or Interest will be added to your purchase balance unless
otherwise stated in this Agreement.
INTRODUCTION
MINIMUM INTEREST CHARGE
KEY TERMS
If you are charged Interest, the charge will be no less than the
"You" and "your" means each Applicant and Joint Applicant who:
Minimum Interest Charge listed in the chart.
applied for this Account bearing the name Walter E. Smithe; and/or
agrees to pay for the Account.
ABOUT ACCOUNT FEES & OTHER CHARGES
"We," "us," and "our" means Capital One, N.A., located at 1111 Town
FEES AND LIMITS
Center Drive, Las Vegas, Nevada 89144.
The fees that apply to your Account are shown in the purchase balance
"Applicant" means the primary Cardholder. "Joint Applicant" means
unless otherwise stated in this Agreement.
the secondary Cardholder.
If charging any fee shown in the chart would exceed first-year fee
"Agreement" means all parts of this document and any future
limits set by law, we may charge an amount allowed by law. If we do
supplements or amendments.
this, it does not affect our ability to charge the full fee amount later.
"Card" means any card, card number or other device we issue to
LATE PAYMENT FEE
access your Account.
This fee is shown in the chart below. It is charged in any billing
cycle that you do not pay at least the Minimum Payment Due by the
GETTING STARTED
Payment Due Date. In no event will your Late Payment Fee exceed the
The Card must be signed to be used.
Minimum Payment Due.
When you use the Account or sign the card or sales slips, you agree to:
the terms of this Agreement; plus
any amendments or supplements to the Agreement.
You may close your Account at any time. Please see the Closing Your
To decide when a purchase is paid off and no longer subject to a
Account section for details.
security interest, your payments will be first applied to: described in the
"How We Apply Payments" section of this agreement.
USING YOUR ACCOUNT
Once you have fully paid for any good, we will release our purchase
ALLOWED USE
money security interest in that good.
You agree to:
We do not take a security interest if you:
use your Account only for lawful purposes
live in NY and the original purchase price of the good was less than $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
repay us for all costs related to uses not allowed under this Agreement.
If we take back any good, we may charge you our costs and require
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
We may change this limit from time to time. Whenever this occurs, we
make this payment in time to be credited by no later than the
will notify you:
Payment Due Date.
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
require our Authorization before allowing a transaction.
an electronic funds transfer
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
use information from your check to initiate an electronic fund
collection costs and attorney fees as allowed by law.
transfer from your payment account according to the terms of the
check; or
If your Account is a joint Account, each of you is jointly and
to process this transaction as a check.
individually responsible for amounts due. This remains true in the event
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
you will not receive your check back from your bank.
transactions, we may close the Account.
When you use our optional payment by phone service, you agree that:
SECURITY INTEREST
we may make an electronic funds transfer from the bank account
A "Security Interest" is our interest in an item that you buy using your
you choose; or
Account that secures the payment of your Account.
we may process the payment the same way we would process a check.
Except as noted below, you grant us a security interest (which we
You authorize the amount and timing of each payment. Please retain
may or may not perfect) in the following items financed using your
this authorization for your records.
Account:
If you have a returned payment:
any goods you buy with your Card; and
any proceeds you get from the following:
the amount you paid will be added back to your Account and
may be applied to a different category than originally posted. (e.g.
a) insurance contracts, and returned premiums: and/or
purchases, etc.); and
b) mechanical failures and/or
Interest Charges may be restored back to the payment date at the
c) extended service contracts.
APR for that transaction
Each good you buy using your Account:
secures your entire Account balance until that good is paid in full; and
may be taken from you if you do not pay on time.
ACCOUNT FEES AND OTHER INTEREST RATES
For any Same As Cash Credit Plan:
Any credit insurance premiums or debt cancellation fees are not
ABOUT YOUR APRs
included in the Daily Balance of that Plan during the promotional period.
Your APRs are shown on page 1.
A Daily Periodic Rate is used to determine your Interest Charges in any
We also make any needed adjustments. For example:
billing cycle. To determine this rate, we divide your APR by 365; then
If a transaction posts after but occurs before the start of a billing cycle,
round this number up to the next hundred thousandth of a percentage
we may adjust the amount above to include this transaction. It will be
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
Credit Plan purchases.
c) paid in full before the Payment Due Date that falls during the cycle;
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 Due is:
section of this Agreement for information.
applied as we determine within legal guidelines; and
usually applied to the minimum due on each credit plan.
INTEREST CHARGES
Any payment amount over the Minimum Payment Due is applied to
HOW INTEREST CHARGES ARE CALCULATED
higher APR balances before lower ones.
Each billing statement shows the Interest Charges, which are
If you have a Same As Cash Credit Plan(s):
calculated separately for each:
Until the final two complete billing cycles:
Promotional Credit Plan with a unique due date or unique terms;
We apply payments the same way we apply payments to a Same As
Regular Credit Plan
Cash Credit Plan having a 0% APR
The total interest charge for the billing cycle is the sum of the interest
During the final two complete billing cycles and up to the date of
charge for each plan subject to the minimum interest charge shown in
expiration we will apply payments received in this order:
the chart.
1) To the required Minimum Payment Due; and
2) To the plan(s) that is expiring, in the order of expiration.
For Same As Cash Plans, if interest is applied, the interest is accrued
from the transaction date of the purchase through the current cycle.
MANAGING YOUR ACCOUNT
The Interest Charge is the total of:
the applicable Daily Periodic Rate for the current cycle times the Daily
OTHER USERS
Balance for each day in the current cycle; plus
You may permit others to use your Card or Account Number.
the applicable Daily Periodic Rate for each prior cycle times the Daily
Balances of the Credit Plan for each day during each prior cycle.
You are responsible for all charges made by permitted users.
For Plans other than Same As Cash, the interest charge is the total of:
If you wish to revoke another person's permission to use your Account,
the applicable Daily Periodic Rate for the Plan times the Daily Balance
you must notify us. We may close your Account and issue a new Card
with a different Account number.
for the plan for each day in the cycle.
UPDATING YOUR RECORDS
HOW DAILY BALANCE IS DETERMINED
To determine your Daily Balance, we:
You agree:
take the opening balance for each Plan for that day; then
a) to give us prompt advance notice of any change in your name,
add the following that were incurred on that day:
mailing address, phone number, or employer;
a) any new purchases
b) to promptly give us accurate financial information about you if we
b) any previous day's periodic Interest Charges
ask for it; and
c) any fees and charges, including any credit insurance premiums or
c) the Department of Motor Vehicles may release your home address
debt cancellation fees, if these apply; then
to us if we ever need it to find you.
subtract any payments and/or credits.
CLOSING YOUR ACCOUNT
INSURANCE
You can close your account at any time by mailing your request to
If credit insurance was offered and your accepted it: You agree that
Capital One, PO Box 5226, Carol Stream, IL 60197-5226. Your request
your Account will be charged monthly; this charge, which is called an
becomes effective when we receive it.
insurance premium, will be based on the Average Daily Balances of
your Account for the billing cycle in which the premium is assessed;
Once you close the Account:
and the charges will begin on the transaction date(s) of your
you must destroy your card(s); and
purchase(s).
you will still be responsible for all amounts owed according to the
terms of this Agreement.
OTHER AGREEMENTS
PROTECTING YOUR CREDIT
ACCOUNT CLOSURE
At any time, for any reason, we may take any of these actions subject
LOST OR STOLEN CARD
to applicable law:
You agree to notify us immediately if:
a) close your Account;
your Card is lost or stolen; or
b) suspend your credit privileges;
your Account is used without your permission.
c) reduce your credit limit.
You may call at any time. The phone number is listed on your billing
If we close your Account:
statement.
Interest Charges and fees will continue to accrue until your balance
LIABILITY FOR UNAUTHORIZED USE
is paid in full; and
If you notice the loss or theft of your credit card, or a possible
you agree to return or destroy your Card(s).
unauthorized use of your card, you should call us at the number listed
COMMUNICATIONS
on your billing statement or the back of your card, or write to us
We may contact you from time to time regarding your Account. We
immediately at:
may contact you in any manner we choose unless the law says that we
Capital One
cannot. For example, we may:
PO Box 5226, Carol Stream, IL 60197-5226
1) contact you by mail, telephone, email, fax, recorded message, text
message or personal visit;
You will not be liable for any unauthorized use that occurs after you
2) contact you using an automated dialing or similar device ("Autodialer");
notify us. You may, however, be liable for unauthorized use that occurs
3) contact you at your home and at your place of employment;
before your notice to us. In any case, your liability will not exceed $50.
4) contact you on your mobile telephone;
DEFAULT
5) contact you at any time, including weekends and holidays;
We may consider your Account to be in Default if you:
6) contact you with any frequency;
a) fail to make the Minimum Payment Due when due;
7) leave prerecorded and other messages on your answering machine/
service and with others; and
b) exceed your credit limit;
c) become the subject of bankruptcy proceedings, foreclosure,
8) identify ourselves, your relationship with us and our purpose for
repossession, lien or judgment, garnishment, or attachment;
contacting you even if others might hear or read it.
d) give us misleading, false or incomplete information;
Our contacts with you about your Account are not unsolicited and
e) fail to give us a current physical address when you apply and
might result from information we obtain from you or others. We
whenever you move;
may monitor or record any conversation or other communication
f) make payments to us that are returned unpaid by your bank or other
with you. Unless the law says we cannot, we may modify or suppress
financial institution; or
caller ID and similar services and identify ourselves on these services in
g) default under any other agreement or security agreement you have
any manner we choose. When you give us or we obtain your mobile
with us or with one of our affiliates; and/or
telephone number, we may contact you at this number using an
h) become incompetent or deceased.
Autodialer and can also leave prerecorded and other messages. We
Upon default, we have the right to:
may do these things whether we contact you or you contact us.
close your Account;
If you ask us to discuss your Account with someone else, you must
suspend your credit privileges;
provide us with documents that we ask for and that are acceptable to
require you to pay your entire Account balance including any Promotional
us.
Credit Plan balances, all accrued but unpaid Interest Charges and other
charges provided for in this Agreement immediately;
CHANGE OF TERMS
terminate any Promotional Credit Plans and convert balances to a
We may change this Agreement as allowed by applicable law. This may
Regular Credit Plan;
include changing, adding, or removing terms. We may do this in response
change the terms of your Account;
to the legal, business, competitive environment or other reasons not
sue you for what you owe.
listed here.
If we incur costs to collect your balance owed including any attorney
We may increase the Interest rate on existing balances in limited
fees, we may charge you for these costs as permitted by applicable
circumstances. Changes to some terms may require at least 45 days
law, and we will apply your payments first to these costs.
advance notice, and we will tell you in the notice if you have the right to
reject a change. We cannot change certain terms during the first year of
CREDIT REPORTING
your Account.
You agree that we may obtain and use credit information about you
from others such as:
ACCOUNT ASSIGNMENT
merchants or stores;
We may sell, assign or transfer all or any part of your Agreement and
other lenders;
Account without notice to you. You may not sell, assign or transfer
consumer reporting agencies.
your Account.
If you believe we have reported inaccurate information about your
WAIVERS
Account to any consumer reporting agency you should:
If we delay or take no action allowed under this Agreement, for any
notify us and ask us to correct the inaccurate information by writing to
reason, we will not lose or limit any of our rights under this Agreement
us at Capital One, PO Box 5253, Carol Stream, IL 60197-5253.
on any other occasion.
When you write to us, tell us:
SEVERABILITY
your Account number; and
If a term is found to be invalid under any applicable law, rule or
the specific information you believe is not correct; and
regulation, then all other terms of this Agreement will remain valid.
why you believe it is not correct.
NOTICE FOR CALIFORNIA RESIDENTS: California law requires that we
Description of problem: If you think there is an error on your bill,
inform customers that should they fail to fulfill the terms of their credit
describe what you believe is wrong and why you believe it is a
obligation, a negative report reflecting on their credit record may be
mistake.
submitted to a credit reporting agency. If you are married, you may
apply for credit in your own name.
You must contact us:
Within 60 days after the error appeared on your statement.
NOTICE FOR FLORIDA RESIDENTS: You (borrower) agree that, should we
At least 3 business days before an automated payment is scheduled,
obtain a judgment against you, a portion of your disposable earnings
if you want to stop payment on the amount you think is wrong.
may be attached or garnished (paid to us by your employer), as provided
by Florida and Federal law.
You must notify us of any potential errors in writing. You may call us,
but if you do we are not required to investigate any potential errors
NOTICE FOR MAINE RESIDENTS: We may request a consumer report in
and you may have to pay the amount in question.
connection with your application for credit. You may ask whether a
consumer report was obtained by us and we will tell you the name and
What Will Happen After We Receive Your Letter
address of the consumer reporting agency, if a report was obtained.
When we receive your letter, we must do two things:
Missouri Residents: Oral agreements or commitments to
1. Within 30 days of receiving your letter, we must tell you that we
received your letter. We will also tell you if we have already corrected
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
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 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
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 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
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 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
federal law.
1. You must have used your credit card for the purchase. Purchases
made with cash advances from an ATM or with a check that
We make our credit decisions and extend credit to you under this
accesses your credit card account do not qualify.
Agreement from the Commonwealth of Virginia. This Agreement is:
2. You must not yet have fully paid for the purchase.
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:
BR251790 (11/13) M-110162
Capital One
PO Box 5893, Carol Stream, IL 60197-5893
In your letter, give us the following information:
Account information: Your name and account number.
Dollar amount: The dollar amount of the suspected error.