Your Total Rewards Visa or Total Rewards Visa Signature Credit
Rate Information: The following chart provides details on your variable rate(s) as
Card account agreement.
of May 1, 2014. We divide the APR by 365 to determine the daily periodic rate.
This card is issued by Comenity Bank pursuant to a license from
Add to Index
APR
Daily Periodic Rate
Visa U.S.A. Inc. Visa is a registered trademark of Visa U.S.A. Inc.
This Agreement covers the Terms and Conditions of your account
Total Rewards Visa Signature
10.74%
13.99%
0.03832%
with us. In this document, you will find important information
Tier 3 APR for Purchases
about using and managing your account, including a Privacy
Total Rewards Visa Signature
14.74%
17.99%
0.04928%
Statement and information concerning your billing rights. Your
Tier 2 APR for Purchases
use of the account, or failure to close the account within the 30
Total Rewards Visa Signature
19.74%
22.99%
0.06298%
days of receiving this document, indicates your acceptance of
Tier 1 APR for Purchases
the terms of this agreement, including the assessment of any
interest charges and fees.
Total Rewards Visa Tier 3 APR
11.74%
14.99%
0.04106%
Section | of this Agreement also includes a Jury Trial Waiver and
for Purchases
an Arbitration Provision in the event of a dispute.
Total Rewards Visa Tier 2 APR
14.74%
17.99%
0.04928%
You have a right to reject this Arbitration Provision.
for Purchases
If you do not reject this Arbitration Provision, it will be part
Total Rewards Visa Tier 1 APR
19.74%
22.99%
0.06298%
of this Agreement and will:
for Purchases
o
Eliminate your right to a trial by jury; and
o
Substantially affect your rights, including your right to
Balance Transfers and Cash
22.74%
25.99%
0.07120%
bring, join in or participate in class proceedings.
Advances
Please read each section carefully and keep this document for
your records.
We'll charge you a minimum interest charge of $2.00 per credit plan for any
billing period in which interest is due. For additional information, see Rates in
In the following sections, you will find information on:
Section D.
Financial terms of your account: An at-a-glance summary of the fees and charges
associated with your account
Minimum Payment:
A. Getting started: the basics of your account
The Minimum Payment Due is the total of minimum payments for Regular Re-
B.
Keeping your account in good standing avoiding default, and what to do if
volving and Promotional Credit Plan purchases plus any Past Due amounts. The
your card is lost or stolen, as applicable
total Minimum Payment Due on your account won't be less than $25.00. If your
C.
Learning more about your account: credit plans, revolve lines and credit
Account balance is less than $25.00, you must pay the amount indicated on
limits, and credit limits, and how payments are calculated and applied
D.
Interest, fees and charges: when and how fees and costs are applied to your
your Statement in full. The Minimum Payment Due for each Regular Revolving
account
and Cash Revolving Credit Plans will be:
E.
Other important information: legal rights, costs, and how we'll handle
The greater of:
changes to your account
o
1% of the New Balance, excluding any new Regular Revolving or Cash
F.
Disputes and reporting to consumer reporting agencies: data we provide,
Revolving Credit Plan Finance Charges shown on the Statement; or
and receive from, consumer reporting agencies, and what to do if you think
o
$5.00
there is an error on your periodic statement
Plus any new Regular Revolving or Cash Revolving Credit Plan Finance
G.
Optional products: how to protect your account from fraud or theft, and
Charges shown on the Statement
information on services that can help pay your debt in case of emergencies
Rounded up to the nearest $1.00.
H.
Communicating with us: what happens when you contact us
For the Total Rewards Visa Signature accounts, the Minimum Payment is the
I.
Arbitration and jury trial waiver: how we'll resolve disagreements, including
total of the Minimum Payment Due (as calculated above) plus the greater of any
a jury trial waiver and Arbitration provision
Past Due amount or the amount over the Revolve Line. See Revolve Line in Sec-
Privacy statement: how we collect, use, share, and protect your personal informa-
tion C in this Agreement for additional information.
tion; and the privacy choices you can make.
The APR information described below is accurate as of May 1, 2014. Due to
Financial terms of your account
a change in the index, this information may have changed. To find out more,
call us at 1-855-381-5712 (Total Rewards Visa Signature Cards) or 1-855-381-
Interest Rates and Interest Charges
5715 (Total Rewards Visa Cards) (TDD/TTY: 1-800-695-1788), or write us at
Comenity Bank, PO Box 182273, Columbus, Ohio 43218-2273 or visit our web-
14.99%, 17.99%
or
site at comenity.net/TotalRewardsVisa.
Annual Percentage
22.99%
A. Getting Started
when
you
open
Definitions
Rate (APR) for
your account, based on your
Total Rewards
creditworthiness.
In this Agreement, "We," "Us" and "Our" mean Comenity Bank. "You" and
"Your" mean each person who submits an application or solicitation for an Ac-
Purchases
count with us. "Account" means your credit card account with us. "Card" means
After that, this APR will vary with the
each credit card we issue for your Account, as applicable. "Credit Plan" means
market based on the Prime Rate.
one or more payment program options Caesars Entertainment Operating Com-
pany, Inc may ask us to offer from time to time.
13.99%, 17.99%
or
Upholding your Agreement
Annual Percentage
22.99% when you open
You agree to the terms of this Agreement, and promise to do everything
Rate (APR) for
required of you. If you sign or submit an application or solicitation to obtain
Total Rewards
your account, based on your
credit from us. you'll be legally bound by this Agreement. You're also legally
creditworthiness.
Visa Signature
bound if you sign a charge slip, or permit someone else to use the credit
provided.
Purchases
After that, this APR will vary with the
You agree that the credit extended under your Account will be used only for
market based on the Prime Rate.
personal, family or household purposes and not for business or commercial
purpose.
APR for Balance
25.99%
You may use your Account for "Quasi-Cash" transactions which are the
Transfers and Cash
This APR will vary with the market
purchase of items that are convertible to cash or using the Account for
Advances
based on the Prime Rate.
similar cash-like transactions, such as the purchase of money orders, trav-
eler's checks, Visa TravelMoney Cards, or to initiate wire transfers or gam-
Your due date is at least 25 days after
ing transactions (if permitted by us). Quasi-Cash transactions are cash
the close of each billing cycle. We will
advances and will be subject to a Fee as explained below.
not charge you interest on purchases
If the Account is a joint Account, you and the joint Account holder will
if you pay your entire balance by the
be bound by this Agreement. Each of you will be jointly and individually
Paying Interest
responsible for repaying all amounts due. If more than one person is re-
due date each month. We will begin
sponsible for this Account, we will only provide billing statements and com-
charging interest on balance transfers
munications to one of you.
and cash advances on the transaction
Any authorized user of your Account will be bound by the terms of this
date.
Agreement. One additional Card may be issued with the individual name of
an authorized user embossed on the Card. If you want to revoke the use of
Minimum Interest
If you are charged interest, the charge
your Account by an authorized user, either write us at the address, or call us
Charge
will be no less than $2.00 per credit
at the phone number, shown on your Statement.
plan
You agree to pay for all transactions made on your Account by an authorized
user, whether or not such transactions were authorized by you or made for
For Credit
To learn more about factors to consider
your benefit.
Card Tips from
when applying for or using a credit
Card signature (as applicable)
the Consumer
card, visit the website of the Consumer
For your own protection, please sign your Card before using it. Keep in mind that
Financial
Financial Protection Bureau at http://
your signature on the Card isn't a prerequisite to your obligation to pay amounts
Protection Bureau
www.consumerfinance.gov/learnmore.
incurred on your Account.
Using your Account
Fees
Your Account may be used to make purchases from anywhere Visa is ac-
cepted.
Annual Fee
None
We reserve the right to not honor transactions related to, including, but not
limited to, gambling, ATM usage at casinos, and illegal activities.
Transaction Fees
You may obtain a loan from us under your Account by using your Card or
Balance Transfer
The greater of $5 or 3% of the
a convenience check as follows: by purchasing goods or services with your
Card or your Account number; by obtaining a cash advance from a financial
amount of the balance transfer.
institution, by use of an ATM: by using a convenience check; or, by incurring
Cash Advance
The greater of $5 or 3% of the
charges authorized by this Agreement.
amount of the cash advance.
From time to time, in our sole discretion, we may send you convenience
checks for use in borrowing under this Agreement. All convenience checks
Convenience Checks
The greater of $5 or 3% of the
you use will be treated as cash advances under this Agreement, and subject
amount of the convenience
to the terms and fees that apply to cash advances, unless we advise you
check.
otherwise.
You agree that convenience checks that you use will not be returned to you.
Foreign Transaction
3% of each transaction in U.S.
You may not use the convenience checks to make payments on any Co-
dollars.
menity Bank Account.
You agree not to use a convenience check, and we do not have to pay any
Penalty Fees
convenience check:
o
if you are in default under this Agreement;
Late Payment
Up to $35.00
o
if payment of that convenience check would cause your outstanding
Returned Payment
Up to $35.00
cash advance balance to exceed your cash advance limit: or
o
if we cancel or suspend your right to use convenience checks
How We Will Calculate Your Balance: We use a method called
From time to time, in our sole discretion, we may offer you the ability to
"daily balance.' See your Account agreement for more details.
transfer account balances from other credit card accounts you may have
to the Account. We may, in our sole discretion, offer promotional plans for
Billing Rights: Information on your rights to dispute
such balance transfers.
transactions and how to exercise those rights is provided in your
You may use the Card to obtain cash advances through certain ATMs. You
account agreement.
will be given a Personal Identification Number (PIN) which must be used in
order to obtain an ATM cash advance.
o
Comenity Bank 1-855-381-5712 (Total Rewards Visa Signature Cards) or 1-855-
Some limitations on ATM cash advances may apply, such as limita-
381-5715 (Total Rewards Visa Cards) (TDD/TTY 1-800-695-1788)
tions on dollar amount, number, or currency denominations.
o
New York Residents: New York Residents may contact the New York state Depart-
You agree that any charges imposed by third parties for use of their
ment of Financial Services by telephone or visit its website for free information
ATM facilities will be added to your Account balance as a cash ad-
vance.
on comparative credit card rates, fees, and grace periods. New York Department
of Financial Services 1 (800) 518-8866 or www.dfs.ny.gov.
If you make a purchase or obtain a cash advance in a foreign currency, it
will be converted by Visa into U.S. dollars in accordance with Visa Operating
Regulations in effect at the time the transaction is processed.
o
The currency conversion rate in effect on the processing date may dif-
fer from the rate in effect on the transaction date or the posting date.
o
The currency conversion rate used may be the same as, greater than, or
less than the amount that would be calculated by conversion through
a financial institution in the country in which the purchase or cash
advance occurred.
Making payments
Pay your Account by sending a check, money order, or cashier's check pay-
able in U.S. dollars, to the name and address shown on your Statement
specified for payments. Please don't send cash.
Be sure to include your payment stub, do not staple your payment to the
We start with the beginning balance on your Account each day (including
stub, use the envelope provided with your Statement and don't send any
unpaid interest charges and fees).
correspondence
with
your
payment
We subtract any payments or credit adjustments (treating any net credit
If your payment doesr meet these requirements it may not be credited to
balance zero balance) and add new transactions and debit adjustments
your Account for up to five days, or may be rejected
posted
as
of
that
day
This
gives
us
the
"Partial
Daily
Balance'
for
the
day
All written concerning disputed amounts, including
any
We then multiply the Partial Daily Balance for the day by the Daily Periodic
check or other payment marked with "payment in full" similar
Rate. This gives us the "Daily Interest Charge" for the day, which we add to
language, must be sent 6550 North Loop 1604 East, Suite 101, San
the day's Partial Daily Balance
Antonio,
Texas
78247-500
We' now determined the "Daily Balance, which will be the beginning
o We may accept payment sent to any other address without losing any
balance for the following day. This results in daily compounding of interest
of our rights
charges
0
No payment shall operate as an accord and satisfaction without our
At the end of each billing period, we add together each Credit Plan's Daily
prior written approval.
Interest Charge, which gives us the total interest charge
B. Keeping your account in good standing
Your Statement will show Balance Subject to Interest Rate. which is the
Avoiding default
sum of the Daily Balances for each day in the billing period divided by the
You'll be in default under this Agreement if you:
total number of days.
Rates
Fail make payment when due
Violate any provision of this Agreement
The Index in effect for each billing period will be the highest "Prime Rate"
Pass away
of interest published the "Money Rates' The Wall Street
Become the subject of bankruptcy or insolvency proceedings
Journal for the calendar month preceding the month the billing pe-
Supply us with misleading, false, incomplete or incorrect informati
riod begins, rounded upward necessary the nearest .001% ("Index"
Are
unable
or
unwilling
perform
the
terms
or
conditions
of
this
Any
variable
APR
Agreement
may
the
Index
increases
Fail to supply us with any information we deem necessary
An increase or decrease the APR will result corresponding increase
Default under any other loan or agreement you have with us or any of our
or decrease in the amount of interest and may increase the Total Minimum
affiliates
Payment.
Become incompetent
Other fees and charges
Exceed your Revolve Line or Credit Limit
You agree pay the following fees and charges:
Issue payment returned unpaid by your bank for any reason
Late Fee If you don't pay at least the Min imum Payment Due by the Pay-
If we consider your Account in default we may suspend your ability to make
ment Due Date. we will charge you late fee
charges,
close
your
Account
require
you
to
pay
the
full
amount
you
im-
o The fee $25.00 if you were not charged late fee during any of the
mediately or take any other action permitted by law. If applicable law requires
prior six billing periods.
us do so, we'll tell you in advance and/or give you the opportunity to remedy
0
Otherwise, the fee $35.00
default
0
This fee will never exceed the minimum payment due that was due
Reporting lost or stolen card (as applicable)
immediately prior to the date on which the fee was assessed
you notice the loss or theft of your credit card or possible unauthorized use
Returned Payment Fee We may charge you fee for each payment that your
of should write to PO Box 1822
bank
doesn't
honor
for
reason
Ohio 43218-2273 c at (Total Visa Signature
0
The fee $25.00 you were not charged a returned payment fee
Cards) or (Total Rewards Visa Cards) (TDD/TT) -800-695
during any of the prior six billing periods.
1788).
You
not
be
liable
for
any
unauthorized
use
that
occurs
after
o
Otherwise, the fee $35.00.
you
notify us. You may, however, be liable for unauthorized use that occurs before
0
This fee will never exceed the minimum payment due that was due
your notice to us. In any case, your liability will not exceed $50.
immediately prior to the date which the fee was
C. Learning more about your account
Although we may decide to do so, we aren't required to attempt to collect a
payment
more
than
once
Credit Plans
Document Fees: we provide you with copy of any Statement sales draft
Your Account may consist of a non -promotional ( "Regular Revolving Cred-
or similar at your request (except in connection with billing error
it
Plan
and
one
or
more
promotional
Credit
Plans.
Credit
Plans
offered
and
inquiries or resolution), we may charge the Account the following fee(s),
their particula features (including but not to purchase
subject to any limitations applicable law:
requirements
and
mum
payment
may
vary
occasionally
at
discre-
0
Statement copy $6.00
tion and includ more Regular Revolvi promotion Credit Plans.
0
Sales/Credit Draft copy $6.00
We may offer different Credit Plans from time time.
Check/Money copy $6.00
promotional Credit Plan offered at the time you open your Account,
Alternative Payment Method Fee: We may offer alternative payment meth-
this Agreement will include information about the terms the Plan, by
ods that allow you to make individual, expedited payments to your Account
use insert. attachment. or other written information provided as part
over phone If you choose to use this payment method, we may assess
Agreement.
the current we charge for this service subject any limitations of ap-
Normal late fees. returned payment fees and all other provisions apply to
plicable law Currently, that fee up to $15.00 but may change. We'll let
any promoti ional Credit Plan, unless inconsistent with particular Credit
you know the current fee before you authorize any payment(s), and you
Plan offering
withdraw your request if you don't want to pay the fee
If the promotional Credit Plan purchase isn' paid in full before the promo-
Cash Advance Fee: For any cash advance obtained person from finan-
tional period ends, the balance will be transferred to your Regular Revolving
cial institution or through an ATM. and for any Quasi Cash you
balance
will pay transaction fee equal the greater of 3% of the amount
Promotional Credit Plans may include:
the cash advance. You take cash advance you use convenience check;
o Waive Interest. Payment Required o Defer Interest Payment Required
get money through an automated teller machine (ATM); get money through
o Waive Interest, Equal Payment
o Defer Interest. Low Payment
a
financial
obtain
Quasi-Cash.
Waive Interest, Low Payment
o Low APR. Equal Payment
Convenience Check Fee For any convenience check written against your
Defer Interest, Equal Payment
o
Budget Payment
Account, you will pay transaction fee equal to the greater of $5 or 3% of
Skip-payment option
the
amount
the
convenience
check.
At our discretion, we may allow you to skip making the Minimum Payment
Balance Transfer Fee: For any balance transfer from another account, you
Finance Charges will be assessed during the skip-payment period, but late
will pay transaction fee equal to the greater of $5 or 3% of the amount of
fee won't be imposed. This will not be considered a waiver of any of the
the balance transfer
rights
granted
by
this
Agreement
Foreign Transaction Fee For any charge or cash advance outside the United
All other terms of your Account apply during the skip payment period.
States
or
in
foreign
currency,
you
will
pay
transaction
fee
equal
3%
Total Rewards Visa Signature Card Revolve Line
of the dollar amount of the transaction If a charge or cash
We reserve the right to evaluate each charge and may authorize purchases
converted
into
U.S.
dollars
our
network
providers
(Visa,
MasterCard,
and
greater
than
the
Revolve
Line.
Discover) will select either (1) rate from the range of rates available
We reserve the right to decline any authorization request at any time for any
wholesale
currency
markets
for
the
central
processing
date,
reason.
which may vary from the rate the network provider itself receives, or (2)
We may ask you for additional information at any time to evaluate transac-
rate in effect for the applicable central processing
tion request of your use of your Total Rewards Visa Signature Credit Card
date
Account generally
Return Convenience Check Fee: For each convenience check written against
agree that any purchases and fees which cause your New Balance to
your Account which fails to clear and is returned unsatisfied, you will pay
exceed your Revolve Line shall be due and payable by the payment Due
up
$35.
Date specified on the billing statement identifying such charges and that
Stop Payment Fee: For each convenience check written against your Ac
we shall include such amount in the Minimum Payment Due for that billing
count which you request us to stop payment you will pay fee of up to
period
as
described
in
the
Minimum
Payment
section
above
$35. regardless of whether we actually stop payment on the convenience
if you do exceed your Revolve Line, we can still charge you for all purchas
check.
es. Finance Charges and other charges without giving up any of our rights
E. Other important information
under
this
Agreement.
Collection costs
You will be advised of your Revolve Line at the time you receive your Total
Rewards Visa Signature Credit Card.
To the extent not prohibited by applicable law, you agree to pay the reasonable
You agree that may change your Revolve Line from time to time
costs for collecting amounts due including reasonable attorney's fees and court
We identify subsequent changes to your Revolve Line on your periodic
costs incurred by us another person or entity
Changes
billing statements.
Credit limit
We may add, change, or delete the terms of your Account If required by appli-
Your Credit Limit is the total maximum amount we permit you to owe us at
cable law we will give you advance written notice of the change(s) and right to
any
time
reject the change(s).
You may not exceed any Credit Limit that set for your Account.
Security Interest
If you do exceed Credit Limit we can still charge you for all transac-
You grant security interest in all goods you purchase through the use of the
Account
now
tions, interest and other charges without giving up any of our rights under
any
time
the
future
and
all
accessions
and
proceeds
this
Agreement
such goods. We waive any security interest we may have in your principal dwell-
We may change your Credit Limit at any time.
ing, the extent that would otherwise secure any obligation arising hereunder.
Account cancellation
Changes to your information
You may cancel your Account. You're still obligated to pay the full amount
You agree to notify us immediately of any changes to your name, mailing address,
you owe
ectronic mail address or telephone number(s).
We may cancel your Account at any time, for any reason
Governing
We may refuse to authorize any transaction on your Account We may also
THIS AGREEMENT IS GOVERNED BY DEI LAWARE AND APPLICABLE FEDERAL
suspend your Account and your right to use your Card, including each Card
LAW THIS IS THE LAW WE ARE SPEAKING OF WHEN WE REFER TO A TERM
you
give
to
others.
OR REQUIRED BY APPLICABLE LAW.
We may stop offering any Credit Plan at any time, for any reason
Transfer of Rights/Assignment
Cancellation suspension of your Account doesn't negate your obligation
Your rights under this Agreement can't be transferred by you, by operation of law
to
pay
any
amount
you
owe
us
or otherwise but your obligations will be binding upon your estate or
Cancellation your Account includes each Card you give to others
representatives.
We
may
transfer
assign
your
Account
and/or
this
Agreement,
Cards are issued with an expiration date. We have the right not to renew
or any of our rights under this Agreement, to another person or entity at any time
your Account.
without prior notice to you or your consent.
Minimum Payment
No Waiver of Rights
You can pay all of your Account balance at any time without
We delay enforcing our rights under this Agreement without losing them.
penalty.
Severability
You must pay at least the Total Minimum Payment for each billing period by
If any provision of this Agreement is in conflict with applicable law, that provision
the Payment Due Date shown on your Statement
will be considered to be modified to conform with applicable law.
The Minimum Payment the total of the minimum payments for the Regu-
Notice to New Jersey Residents
lar Revolving and promotional Credit Plans plus any Past Due amounts or
All provisions of this agreement are valid, enforceable and applicable in New
Jersey.
The Total Minimum Payment won't be less than $25.00 If your Account
F. Disputes and Reporting to Consumer Reporting Agencies
balance is less than $25.00, you must pay the amount indicated on your
Statement
in
Credit Reports
The minimum payment for each Credit Plan is calculated as follows:
You give us permissio to investigate your credit record.
o
The minimum payments for Regular Revolving Credit Plans, Waive
In
You agree that credit report may be requested connection with the
terest, Payment Required and Defer Interest, Payment Required Credit
of your credit applica ation. report may also be requested
Plans will be the greater of:
nection wit credit extension revolve line or credit limit request, Account
(a) $5.00
update, Account action. or dispute investigation. Upon
(b) 1% (rounded up to the nearest $1.00) of the New Balance
request we tel you the name and address any consumer reporting
shown on your Statement for that Credit Plan.
agency that furnished report on you. You consent to the obtaining of such
o
The payment for the Waive Interest, Equal Payment and
reports by signing otherwise submitting an application solicitation
Defer Interest, Equal Payment Credit Plans be the amount of the
You understand that may report negative information (such as. late pay-
purchase divided by the number of months between the date the
ments, missed payments, or other defaults) about your Account to con-
purchase and the promotional period end date (minimum $5.00)
sumer reporting agencies.
rounded up to the nearest $1.00.
You give us permission to provide information about your Account to con-
o
The minimum payment for the Low APR, Equal Payment Credit Plan
sumer reporting agencies and other creditors, as well as to the retailer
will be the amount of the purchase including the calculated interest
whose name appears on your Card.
charges that be assessed from the date of purchase through the
Credit report disputes
end of the promotional period divided by the number of months be-
If
you
believe
the
Account
information
we
reported
to
a
consumer
reporting
tween the date of the purchase and the promotional period end date
agency you may submit direct dispute to Comenity Bank, PO Box
(minimum $5.00) rounded up to the nearest $1.00
182789,
Columbus,
Ohio
43218-2789.
o
The payment for the Waive Interest Low Payment and Defer
Your written dispute must provide sufficient information to identify the Account
Interest Low Payment Credit Plans will be the greater of:
and specify why the information is inaccurate:
(a) $5.00
Account Information: Your name and Account number
(b) 1.0% (rounded up to the nearest $1.00) of the New Balance
Contact Information: address and telephone number
shown on your Statement for that Credit Plan.
Disputed Information Identify the Account information disputed and ex-
Payment application
plain why you believe it is inaccurate
We reserve the right to apply payments equal to or less than the Total Mini-
Supporting Documentation: If available provide a copy of the section of
mum Payment however fit. which may result in balances subject to
the
credit
report
showing
the
Account
information
you
are
sputing
lower interest rates being paid prior to other balances. This may also result
We will the disputed information and report the results you within
in higher interest charges.
30
days
of
receipt
of
the
information
needed
for
our
investigation
If
we
find
that
Any payment you make in excess of the required Total Minimum Payment
the Account information we reported is we will promptly provide the
will allocated to your Account as required by applicable
necessary correction to each consumer reporting agency to which we reported
Excess
payments
received
before
deferred
the
informa
interest
promotion
expires
are
applied to the deferred interest promotional balance first in the last two
Your Billing Rights: Keep This Document For Future Use
billing periods of the promotional period.
This notice tells you about your rights and our responsibilities under the Fair
D. Interest. fees and charges
Credit Billing Act
What To Do If You Find A Mistake On Your Statement
Interest charges
think there error on your statement, write to us at: Comenity Bank,
There no period in which you can pay back a cash advance, any other
PO Box 182782, Columbus, Ohio 43218-2782
transaction treated as cash advance under this Agreement, or a balance
In your letter, give us the following information:
transfer to avoid incurring Finance Charge. For cash advance using
a
Account information: Your name and account number.
convenience check, the date of the advance the date the convenience
Dollar amount: The dollar amount of the suspected error
check
presented
to
our
agent
for
payment.
For
all
other
cash
ad-
Description of problem If you think there an error on your bill, describe
vances, the date of the advance the date you obta ned the advance
what you believe IS wrong and why you believe it is a mistake.
If
you
make
purchase
under
a
Regular
Revolving
Credit
Plan,
interest
You
must
contact
charges won' be imposed any billing period in which no Previous Bal-
Within 60 days after the error appeared on your statement
ance exists (ii) payments received and credits issued by the Payment Due
At least business days before an automated payment is scheduled, if you
Date, equal or exceed the Previous Balance
want stop payment on the amount you think wrong.
If
the
New
Balance
shown
on
your
Statement
isn't
paid
in
full
by
the
You
must
notify
us
any
potential
errors
in
writing
You
may
call
us,
but
if
you
Payment Due Date shown on your last Statement. there will be an interest
do we are not required to investigate any potential errors and you may have to
charge on each purchase from the date purchase
pay
the
amount
question.
If make purchase under any Waive Interest Credit Plan,
won't
What Will Happen After We Receive Your Letter
charge interest the purchase you pay the total purchase amount be
When we receive your letter, we must do two things
fore the end of the promotional period. If you don't pay the total purchase
1. Within 30 days of receiving your letter we must tell you that we received your
amount before the end of the promotional period add remaining
letter. We will also tell you if we have already corrected the error.
amount to your Regular Revolving balance We'll also begin charging inter-
2. Within 90 days of receiving your letter, we must either correct the error or
est
on
the
purchase
from
the
first
day
after
the
promotional
period
ends.
explain to you why we believe the bill correct.
If you make purchase under any Defer Interest Promotional Credit Plan
While we investigate whether or not there has been an error:
and
don't
pay
the
total
amount
before
the
end
of
the
promotional
period,
We cannot try to collect the amount in question, or report you as delinquent
add the remaining purchase amount and the amount of accrued inter-
on
that
amount
est to your Regular Revolving balance
The charge question may remain on your statement, and we may continue
If you make purchase under Low APR, Equal Payment Credit Plan
to
charge
you
interest
on
that
amount.
interest will be assessed from the date of purchase through the end of the
While you do not have pay the amount in question, you are responsible
promotional
period
for
the
remainder
of
your
balance
How we calculate Interest Charges on your Account
We can apply any unpaid amount against your revolve line or credit limit.
We calculate interest separately for each Credit Plan, using a "Daily Balance
After we finish our investigation, one of two things will happen:
to determine interest charges for each billing period. Our calculation method is
we made a mistake: You will not have to pay the amount in question or
as follows:
any interest or other fees related to that amount.
If we do not believe there was a mistakes You will have to pay the amount in
2. Parties Subject to Arbitration: Solely as used in this Arbitration Provision (and
question, along with applicable interest and fees. We will send you a state-
not elsewhere in this Agreement), the terms "we," "us" and "our" mean (a) Co-
ment of the amount you owe and the date payment is due. We may then
menity Bank, any parent, subsidiary or affiliate of the Bank and the employees,
report you as delinquent if you do not pay the amount we think you owe.
officers and directors of such companies (the "Bank Parties"); and (b) any other
If you receive our explanation but still believe your bill is wrong, you must write
person or company that provides any services in connection with this Agreement
to us within 10 days telling us that you still refuse to pay. If you do so, we cannot
if you assert a Claim against such other person or company at the same time you
report you as delinquent without also reporting that you are questioning your bill.
assert a Claim against any Bank Party.
We must tell you the name of anyone to whom we reported you as delinquent,
3. Covered Claims: "Claim" means any claim, dispute or controversy between
and we must let those organizations know when the matter has been settled
you and us that in any way arises from or relates to this Agreement, the Account,
between us.
the issuance of any Card, any rewards program, any prior agreement or account.
If we do not follow all of the rules above, you do not have to pay the first $50 of
"Claim" includes disputes arising from actions or omissions prior to the date
the amount you question even if your bill is correct.
any Card was issued to you, including the advertising related to, application for
Your Rights If You Are Dissatisfied With Your Credit Card Purchases
or approval of the Account. "Claim" has the broadest possible meaning, and
If you are dissatisfied with the goods or services that you have purchased with
includes initial claims, counterclaims, cross-claims and third-party claims. It
your credit card, and you have tried in good faith to correct the problem with the
includes disputes based upon contract, tort, consumer rights, fraud and other
merchant, you may have the right not to pay the remaining amount due on the
intentional torts, constitution, statute, regulation, ordinance, common law and
purchase.
equity (including any claim for injunctive or declaratory relief). "Claim" does not
To use this right, all of the following must be true:
include disputes about the validity, enforceability, coverage or scope of this Arbi-
1. The purchase must have been made in your home state or within 100 miles
tration Provision or any part thereof (including, without limitation, the prohibition
of your current mailing address, and the purchase price must have been more
against class proceedings, private attorney general proceedings and/or multiple
than $50. (Note: Neither of these are necessary if your purchase was based on
party proceedings described in Paragraph C.7 (the "Class Action Waiver"), the
an advertisement we mailed to you, or if we own the company that sold you the
last sentence of Paragraph C.13 and/or this sentence); all such disputes are for
goods or services.)
a court and not an arbitrator to decide. However, any dispute or argument that
2. You must have used your credit card for the purchase. Purchases made with
concerns the validity or enforceability of the Agreement as a whole is for the
cash advances from an ATM or with a check that accesses your credit card ac-
arbitrator, not a court, to decide.
count do not qualify.
4. Starting an Arbitration: Arbitration may be elected by any party with respect
3. You must not yet have fully paid for the purchase.
to any Claim, even if that party has already initiated a lawsuit with respect to a
If all of the criteria above are met and you are still dissatisfied with the purchase,
different Claim. Arbitration is started by giving a written demand for arbitration
contact us in writing at:
to the other party. We will not demand to arbitrate an individual Claim that you
Comenity Bank
bring against us in small claims court or your state's equivalent court, if any. But
PO Box 182782, Columbus, Ohio 43218-2782
if that Claim is transferred, removed or appealed to a different court, we then
While we investigate, the same rules apply to the disputed amount as discussed
have the right to demand arbitration.
above. After we finish our investigation, we will tell you our decision. At that
5. Choosing the Administrator: "Administrator" means the American Arbitration
point, if we think you owe an amount and you do not pay, we may report you as
Association ("AAA"), 1633 Broadway, 10th Floor, New York, NY 10019, www.
delinquent.
adr.org; JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018, www.
G. Optional products
jamsadr.com; or any other company selected by mutual agreement of the par-
Credit insurance (as applicable)
ties. If both AAA and JAMS cannot or will not serve and the parties are unable
Purchasing credit insurance is optional. If you do choose to carry credit insur-
to select an Administrator by mutual consent, the Administrator will be selected
by a court. The arbitrator will be appointed by the Administrator in accordance
ance coverage, the premium charge will be added to your Account as a purchase
with the rules of the Administrator. However, the arbitrator must be a retired or
on the last day of each billing period. You can cancel your coverage at any time.
Account Assure Pro Debt cancellation (as applicable)
former judge or a lawyer with at least 10 years of experience. You get to select the
Administrator if you give us written notice of your selection with your notice that
Purchasing Account Assure Pro is optional.
you are electing to arbitrate any Claim or within 20 days after we give you notice
Your decision whether or not to purchase Account Assure Pro won't affect
that we are electing to arbitrate any Claim (or, if you dispute our right to require
your application for credit or the terms of any existing credit agreement you
arbitration of the Claim, within 20 days after that dispute is finally resolved).
have with us.
If you do not select the Administrator on time, we may do it. Notwithstanding
The monthly fee for Account Assure Pro is based on the outstanding month-
any language in this Arbitration Provision to the contrary, no arbitration may be
ly balance on your Account each month and will be added to your State-
administered, without the consent of all parties to the arbitration, by any Admin-
ment.
istrator that has in place a formal or informal policy that is inconsistent with the
We'll provide additional information before you're required to pay for Ac-
Class Action Waiver.
count Assure Pro. This will include a copy of the terms and conditions
6. Court and Jury Trials Prohibited: Other Limitations on Legal Rights: IF YOU
pertaining to Account Assure Pro.
OR WE ELECT TO ARBITRATE A CLAIM, YOU WILL NOT HAVE THE RIGHT TO
You can cancel your Account Assure Pro at any time.
PURSUE THAT CLAIM IN COURT OR HAVE A JURY DECIDE THE CLAIM. ALSO,
There are eligibility requirements, conditions, and exclusions that could
YOUR ABILITY TO OBTAIN INFORMATION FROM US IS MORE LIMITED IN AN
prevent you from receiving benefits under Account Assure Pro.
ARBITRATION THAN IN A LAWSUIT. OTHER RIGHTS THAT YOU WOULD HAVE
Be sure to carefully read the Addendum for a full explanation of the terms
IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.
of Account Assure Pro.
7. Prohibition Against Certain Proceedings: IF YOU OR WE ELECT TO ARBI-
H. Communicating with us
TRATE A CLAIM: (1) NEITHER YOU NOR WE MAY PARTICIPATE IN A CLASS
Communicating to you about your Account
ACTION IN COURT OR IN CLASS-WIDE ARBITRATION, EITHER AS A PLAIN-
If we need to contact you to service your Account or to collect amounts you owe
TIFF, DEFENDANT OR CLASS MEMBER: (2) NEITHER YOU NOR WE MAY ACT
to us, you give direct consent to us, as well as servicers, agents, contractors and
AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN ARBITRATION: (3)
collectors of your Account, to communicate with you in any way, such as calling,
CLAIMS BROUGHT BY OR AGAINST YOU MAY NOT BE JOINED OR CONSOLI-
texting, or electronic mail via:
DATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER PERSON: AND
1)
a cell, landline, or text number you provide, use to contact us, or at which
(4) THE ARBITRATOR SHALL HAVE NO POWER OR AUTHORITY TO CONDUCT
we believe we can reach you (even if it is not yours),
A CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ARBITRATION
2)
any electronic mail address you provide to us or one of our merchants,
OR MULTIPLE-PARTY ARBITRATION.
3)
8.
automated dialer systems and automatic telephone dialing systems,
Location and Costs of Arbitration: Any arbitration hearing that you attend
4)
pre-recorded or artificial voice messages and other forms of communica-
must take place at a location reasonably convenient to you. We will pay any and
tions.
all fees of the Administrator and/or the arbitrator if applicable law requires us
You also agree that these communications aren't unsolicited for purposes of any
to, if you prevail in the arbitration or if we must bear such fees in order for this
state or federal law, and you understand that this may result in additional mobile,
Arbitration Provision to be enforced. If you demand an arbitration, we will pay
text message, or data charges.
your reasonable attorneys' and experts' fees if you prevail or if we must bear such
Phone monitoring
fees in order for this Arbitration Provision to be enforced. Also, we will bear any
fees if applicable law requires us to.
To provide you with high-quality service, phone communication with us is
monitored and/or recorded.
9. Governing Law: This Arbitration Provision involves interstate commerce and
You agree that we monitor and/or record any phone calls between you and
is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (the "FAA"), and
not by any state arbitration law. The arbitrator must apply applicable substantive
us.
law consistent with the FAA and applicable statutes of limitations and claims of
Please inform all authorized cardholders of this provision, including anyone
privilege recognized at law. The arbitrator may award any remedy provided by the
acting on your behalf or making payments on this Account.
For Wisconsin residents:
substantive law that would apply if the action were pending in court (including,
without limitation, punitive damages, which shall be governed by the Constitu-
If you are married, please contact us immediately upon receipt of this Agreement
tional standards employed by the courts). At the timely request of either party,
at 1-855-381-5712 (Total Rewards Visa Signature Cards) or 1-855-381-5715
the arbitrator must provide a brief written explanation of the basis for the award.
(Total Rewards Visa Cards) (TDD/TTY 1-800-695-1788) and provide us with the
10. Right to Discovery: In addition to the parties' rights to obtain discovery
name and address of your spouse. We are required to inform your spouse that we
pursuant to the arbitration rules of the Administrator, either party may submit
have opened a credit account for you.
a written request to the arbitrator to expand the scope of discovery normally al-
For bankruptcy notifications:
lowable under the arbitration rules of the Administrator. The arbitrator shall have
All bankruptcy notices and related correspondence to Comenity Bank should be
discretion to grant or deny that request.
sent to the following address: Comenity Bank, Bankruptcy Department, PO Box
11. Arbitration Result and Right of Appeal: Judgment upon the arbitrator's
182125, Columbus, Ohio 43218-2125.
award may be entered by any court having jurisdiction. The arbitrator's decision
I. Arbitration and jury trial waiver
is final and binding, except for any right of appeal provided by the FAA. However,
A. Jury trial waiver
if the amount of the Claim exceeds $50,000 or involves a request for injunctive
TO THE EXTENT PERMITTED BY LAW, YOU AND WE WAIVE ANY RIGHT TO
or declaratory relief that could foreseeably involve a cost or benefit to either party
TRIAL BY JURY IN THE EVENT OF A LAWSUIT ARISING OUT OF OR RELATED
exceeding $50,000, any party can, within 30 days after the entry of the award
TO THIS AGREEMENT. THIS JURY TRIAL WAIVER SHALL NOT AFFECT THE
by the arbitrator, appeal the award to a three-arbitrator panel administered by the
ARBITRATION PROVISION BELOW (INCLUDING THE JURY TRIAL WAIVER
Administrator. The panel shall reconsider anew any aspect of the initial award
CONTAINED THEREIN). YOU AND WE EACH REPRESENT THAT THIS WAIVER
requested by the appealing party. The decision of the panel shall be by majority
IS GIVEN KNOWINGLY, WILLINGLY AND VOLUNTARILY.
vote. Reference in this Arbitration Provision to "the arbitrator" shall mean the
B. Notice and cure
panel if an appeal of the arbitrator's decision has been taken. The costs of such
an appeal will be borne in accordance with Paragraph C.8. above.
Prior to bringing a lawsuit or initiating an arbitration that asserts a claim arising
12. Rules of Interpretation: This Arbitration Provision shall survive the repay-
out of or related to this Agreement (as further defined below, a "Claim"), the
ment of all amounts owed under this Agreement, the closing of the Account, any
party asserting the Claim (the "Claimant") shall give the other party (the "Defen-
legal proceeding and any bankruptcy to the extent consistent with applicable
dant") written notice of the Claim (a "Claim Notice") and a reasonable opportu-
bankruptcy law. In the event of a conflict or inconsistency between this Arbitra-
nity, not less than 30 days, to resolve the Claim. Any Claim Notice to you shall
tion Provision, on the one hand, and the applicable arbitration rules or the other
be sent in writing to the address we have in our records (or any updated address
provisions of this Agreement, on the other hand, this Arbitration Provision shall
you subsequently provide to us). Any Claim Notice to us shall be sent by mail to
govern. This Arbitration Provision replaces any Prior Arbitration Agreement.
Comenity Bank, PO Box 182436, Columbus, Ohio 43218-2436 (or any updated
13. Severability: If any portion of this Arbitration Provision, other than the Class
address we subsequently provide). Any Claim Notice you send must provide your
Action Waiver, is deemed invalid or unenforceable, the remaining portions shall
name, address and Account number. Any Claim Notice must explain the nature
nevertheless remain in force. If a determination is made that the Class Action
of the Claim and the relief that is demanded. You may only submit a Claim No-
Waiver is unenforceable, only this sentence of the Arbitration Agreement will re-
tice on your own behalf and not on behalf of any other party. No third party, other
main in force and the remaining provisions shall be null and void, provided that
than a lawyer you have personally retained, may submit a Claim Notice on your
the determination concerning the Class Action Waiver shall be subject to appeal.
behalf. The Claimant must reasonably cooperate in providing any information
14. Special Payment: If (1) you submit a Claim Notice in accordance with
about the Claim that the other party reasonably requests.
Paragraph B above on your own behalf (and not on behalf of any other party);
C. Arbitration provision
(2) we refuse to provide you with the relief you request; and (3) an arbitrator
READ THIS ARBITRATION PROVISION CAREFULLY. IF YOU DO NOT REJECT
subsequently determines that you were entitled to such relief (or greater relief),
THIS ARBITRATION PROVISION IN ACCORDANCE WITH PARAGRAPH C.1. BE-
the arbitrator shall award you at least $5,100 (plus any fees and costs to which
LOW, IT WILL BE PART OF THIS AGREEMENT AND WILL HAVE A SUBSTAN-
you are entitled).
TIAL IMPACT ON THE WAY YOU OR WE WILL RESOLVE ANY CLAIM WHICH
YOU OR WE HAVE AGAINST EACH OTHER NOW OR IN THE FUTURE.
1. Your Right to Reject: If you don't want this Arbitration Provision (and any
prior arbitration agreement between you and us ("Prior Arbitration Agreement"))
to apply, you may reject it by mailing us a written rejection notice which gives
the name of each Cardholder and contains a statement that you (both of you, if
more than one) reject the Arbitration Provision of this Agreement. The rejection
notice must be sent to us at Comenity Bank, PO Box 182422, Columbus, Ohio
43218-2422. A rejection notice is only effective if it is signed by you (all of you,
if more than one) and if we receive it within thirty (30) calendar days after the
date we first provide you with a credit card agreement or written notice providing
you a right to reject this Arbitration Provision. Your rejection of this Arbitration
Provision will not affect any other provision of this Agreement or your ability to
obtain credit.
Pricing Addendum
Interest Rates and Interest Charges
Annual Percentage Rate
Prime rate plus
19.74%, 14.74% or 10.74%
(APR) for Total Rewards
Visa Signature Card
This APR will vary with the market based on the Prime Rate.
Purchase
Annual Percentage Rate
Prime rate plus
19.74%, 14.74%, or 11.74%.
(APR) for Total Rewards
Visa Card Purchases
This APR will vary with the market based on the Prime Rate.
APR for Balance Transfers
Prime rate plus 22.74%.
and Cash Advances
This APR will vary with the market based on the Prime Rate.
Paying Interest
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 entire balance by the due date
each month. We will begin charging interest on cash advances and balance transfers
on the transaction date.
Minimum Interest Charge
If you are charged interest, the charge will be no less than $2.00 per credit plan.
Fees
Annual Fee
None
Transaction Fees
Balance Transfer
The greater of $5 or 3% of the amount of the balance transfer.
Cash Advance
The greater of $5 or 3% of the amount of the cash advance.
Convenience Check
The greater of $5 or 3% of the amount of the convenience check.
Foreign Transaction
3% of each transaction in U.S. dollars.
Penalty Fees
Late Payment
Up to $35
Returned Payment
Up to $35
Balance Computation
We use a method called "daily balance (including new purchases)."
Method