Credit Card Agreement for Darvin Furniture 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
21.6%.
(APR) for Purchases
Penalty APR and When It
25.6%.
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 .05918% (corresponding 21.6% Annual Percentage Rate). The Daily Periodic Rate for
the Penalty Rate .07014% (corresponding 25.6% 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 Date
first time your
another payment is late
Billing Rights: Information on your rights to dispute transactions and
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 up
$25
$29
the Wisconsin Statutes, or court order under Section 766.70 of the
to and including $500
Wisconsin Statutes adversely affects the interest of the creditor unless
More than $500
$25
$35
the creditor, prior to the time the credit is granted, is furnished a copy
of the agreement, statement or decree or has actual knowledge of
the adverse provision when the obligation to the creditor is incurred.
OVER THE CREDIT LIMIT FEE
If you are married, by submitting your credit card application you are
This fee is shown in the table on page 1 and will be charged if:
confirming that this credit card obligation is being incurred in the
your Account balance exceeds your credit limit at any time during a
interest of your marriage and your family. If the credit card for which
billing cycle.
you are applying is granted, you will notify the Bank if you have a spouse
RETURNED PAYMENT FEE
who needs to receive notification that credit has been extended to you.
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 Darvin Furniture credit card. This
PAYMENT BY PHONE FEE
account is issued by Capital One, N.A. (Capital One).
This fee:
may be charged each time anyone makes a payment to your
INTEREST RATES INFORMATION
Account with the assistance of a live phone representative; and
Annual Percentage Rate ("APR") and Daily Periodic Rate ("DPR"). Your
the amount is disclosed at the time a payment by phone is requested.
Daily Periodic Rate (DPR) is described in the INTEREST CHARGES section.
COPY REQUEST FEE
Rates accurate as of 11/01/2013
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
21.6%
.05918%
REISSUED CARD FEE
Penalty APR
25.6%
.07014%
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
Payment Due and at any time you may pay the entire amount due.
If this occurs:
Your Minimum Payment due is equal to your Minimum Payment
we will provide advance notice before the Penalty APR goes into effect.
plus the Special Repayment Terms for any Promotional Credit Plans
once the Penalty APR goes into effect, if you make six consecutive
with a special repayment term plus any debt cancellation fees or
on-time minimum payments when due, your rates will return to the
credit insurance premiums attributable to any Reduced Rate/Special
non-penalty APRs applicable to your Account.
Repayment Terms Credit plans plus any delinquent amounts. The
If you do not make six consecutive on time minimum payments, we
Minimum Payment is the greater of a.) $25 or b.) 1% of your "New
may keep the Penalty APR on your Account indefinitely.
Balance" (which does not include balances on Special Repayment
Terms Credit Plans) plus billed Interest Charges plus any Late Fees
ABOUT INTEREST CHARGES
assessed for that month, rounded to the next highest dollar. Your
monthly billing statement will include requirements for you to
TREATMENT OF FEES AND INTEREST
follow in making payments including the cut-off hour for receipt of
Any fees or Interest will be added to your purchase balance unless
payments, which may affect crediting of your payments.
otherwise stated in this Agreement.
MINIMUM INTEREST CHARGE
INTRODUCTION
If you are charged Interest, the charge will be no less than the
KEY TERMS
Minimum Interest Charge listed in the chart.
"You" and "your" means each Applicant and Joint Applicant who:
applied for this Account bearing the name Darvin Furniture; and/or
ABOUT ACCOUNT FEES & OTHER CHARGES
agrees to pay for the Account.
FEES AND LIMITS
"We," "us," and "our" means Capital One, N.A., located at 1111 Town
The fees that apply to your Account are shown in the purchase balance
Center Drive, Las Vegas, Nevada 89144.
unless otherwise stated in this Agreement.
"Applicant" means the primary Cardholder. "Joint Applicant" means
If charging any fee shown in the chart would exceed first-year fee
the secondary Cardholder.
limits set by law, we may charge an amount allowed by law. If we do
this, it does not affect our ability to charge the full fee amount later.
"Agreement" means all parts of this document and any future
supplements or amendments.
LATE PAYMENT FEE
This fee is shown in the chart below. It is charged in any billing
"Card" means any card, card number or other device we issue to
cycle that you do not pay at least the Minimum Payment Due by the
access your Account.
Payment Due Date. In no event will your Late Payment Fee exceed the
GETTING STARTED
Minimum Payment Due.
The Card must be signed to be used.
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:
use your Account only for lawful purposes
We do not take a security interest if you:
use your Account for only personal, family, household, or charitable
live in NY and the original purchase price of the good was less than
$200 or
purposes; and
repay us for all costs related to uses not allowed under this Agreement.
live in MD and the original purchase price of the good was less than $700.
You are not allowed to use your Account:
If we take back any good, we may charge you our costs and require
to make payments to this credit card or any other loan payments to
you to make the good available at a convenient place of our choice
as
us or our affiliates; or
allowed by law. This may include our cost to:
for internet gambling.
repair the good; and/or
store the good; and/or
If you have given someone permission to use the Card, this is not
sell the good; and/or
unauthorized use and you will be liable for all use by that person.
other costs allowed by law.
CREDIT LIMIT
WHEN AND HOW TO PAY
When you open your Account, we will tell you your credit limit.
You agree to:
pay at least the Minimum Payment Due shown on your billing
We may change this limit from time to time. Whenever this occurs, we
statement; and
will notify you:
make this payment in time to be credited by no later than the
on your billing statement; and/or
Payment Due Date.
by sending a notice.
How your Minimum Payment Due is determined as shown in the
You agree to:
MINIMUM PAYMENT DUE section.
keep your Account balance (which includes Interest and other
charges) within your credit limit; and
If you wish, you may pay more than the Minimum Payment Due or the
immediately pay any over limit amount that might occur.
entire balance at any time.
Your available credit may not reflect your payments for up to 14 days.
Instructions for making timely payments are shown on your billing
If a transaction would exceed your available credit limit, we may
statement.
decline it.
Payments must be:
USING THE ACCOUNT
made in U.S. dollars; and
At times we may:
paid from a U.S. bank or other U.S. financial institution; and
decline a transaction if there is not enough available credit and for
sent in a form that is acceptable to us.
any other reason and/or;
require our Authorization before allowing a transaction.
Acceptable forms of payment include:
a check or money order; or
A merchant may check your ID.
an electronic funds transfer
We are not liable if:
If you want to write any special conditions on your payment, such as
a merchant refuses your card; and/or
"paid in full", "without recourse", or similar language, you must:
we do not complete your transaction for any reason.
Mark this clearly on your payment.
- Payment must be marked for Special Handling and sent to:
PAYING YOUR BILL
Capital One, PO Box 5226, Carol Stream, IL 60197-5226.
PROMISE TO PAY
Unless you follow the above directions, we may accept a payment
You promise to pay for all:
marked with special conditions and not agree to those conditions, and
credit we extend; plus
will not lose any of our rights.
Interest charges and other fees or charges; plus
By sending us a check for payment on your Account, you authorize us
collection costs and attorney fees as allowed by law.
either to:
If your Account is a joint Account, each of you is jointly and
use information from your check to initiate an electronic fund
individually responsible for amounts due. This remains true in the event
transfer from your payment account according to the terms of the
of death, divorce or other events that affect liability between you and
check; or
the other person.
to process this transaction as a check.
If any joint Accountholder requests to not be liable for future
When we use your check to make an electronic fund transfer:
transactions, we may close the Account.
funds may be withdrawn from your payment account the same day
we receive your payment; and
SECURITY INTEREST
you will not receive your check back from your bank.
A "Security Interest" is our interest in an item that you buy using your
Account that secures the payment of your Account.
When you use our optional payment by phone service, you agree that:
we may make an electronic funds transfer from the bank account
Except as noted below, you grant us a security interest (which we may or
you choose; or
may not perfect) in the following items financed using your Account:
we may process the payment the same way we would process a check.
any goods you buy with your Card; and
any proceeds you get from the following:
You authorize the amount and timing of each payment. Please retain
a) insurance contracts, and returned premiums: and/or
this authorization for your records.
b) mechanical failures and/or
If you have a returned payment:
c) extended service contracts.
the amount you paid will be added back to your Account and
Each good you buy using your Account:
may be applied to a different category than originally posted. (e.g.
secures your entire Account balance until that good is paid in full;
purchases, etc.); and
and
Interest Charges may be restored back to the payment date at the
may be taken from you if you do not pay on time.
APR for that transaction.
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 billing
We also make any needed adjustments. For example:
cycle. To determine this rate, we divide your APR by 365; then round this
If a transaction posts after but occurs before the start of a billing cycle,
number up to the next hundred thousandth of a percentage point.
we may adjust the amount above to include this transaction. It will be
included as of the first day of the billing cycle in which it posts.
PROMOTIONAL CREDIT PLANS
If your Account is subject to a grace period during the billing cycle,
From time to time, we may offer one or more Promotional Credit
your payments will be subtracted from all Daily Balances in the
Plans. These may be offered to you:
current billing cycle.
prior to your purchase; and/or
If a transaction for a returned payment or a dispute resolved in our
at the time of your purchase.
favor posts after the beginning of the billing cycle, we will make this
Any of these Plans may be offered at any time and are conditioned on
adjustment:
your timely payment of at least the Minimum Payment Due for each
the applicable Daily Balance(s) and any related Interest Charges will
billing statement:
be adjusted to include the transaction amount as of the date of
a) Waived Interest Charge Credit Plan
the original payment or transaction.
With this Plan there are no Interest Charges on your purchase for a
To calculate your Average Daily Balance, we:
specified period.
add the Daily Balances for each day of the billing cycle; then
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
you repay the full cash price of the purchase before the promotional
HOW TO AVOID PAYING INTEREST ON PURCHASES
expiration date shown on your billing statement.
The number of days until your Payment Due Date after the close
If you do not repay in full by the promotional expiration date, Interest
of each billing cycle is indicated in the Interest Rates and Interest
Charges will be imposed from the purchase date.
Charges section of this Agreement. We will not charge you Interest on
c) Reduced Rate Credit Plan
purchases if you pay your entire balance by the due date each month.
With this Plan, you will receive a reduced periodic rate on your
purchase for a specified period.
Interest charges begin on the transaction date and continue to accrue
d) Special Repayment Term Credit Plan
until paid in full except as noted below:
With this Plan special repayment terms will be applied to the purchase
EXCEPTIONS
for the specified period.
1. For New Purchases and balances: No interest is charged in a billing
e) Special Repayment Term / Reduced Rate Credit Plan
cycle on a Regular, Reduced Rate, or Special Repayment Terms
With this Plan special repayment terms and a reduced periodic rate will
Credit Plans if the combined Previous Balance of those Plans at the
be applied to the purchase for the specified period.
beginning of the cycle is:
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;
If you make more than one purchase on your card, these balances may
2. For Waived Interest Charge Credit Plans: No interest is charged for the
be treated differently.
promotional period.
Certain rules apply to the allocation of payments and interest charges
3. For Same As Cash Credit Plans: No interest is charged if the full cash
on your promotional purchase if you make more than one purchase on
sales price is paid in full before the promotion expiration date.
your Card. Call 1-888-367-4310 or review the HOW WE APPLY PAYMENTS
HOW WE APPLY PAYMENTS
section of this Agreement for information.
The amount of your payment that is equal to the Minimum Payment
Due is:
INTEREST CHARGES
applied as we determine within legal guidelines; and
HOW INTEREST CHARGES ARE CALCULATED
usually applied to the minimum due on each credit plan.
Each billing statement shows the Interest Charges, which are
Any payment amount over the Minimum Payment Due is applied to
calculated separately for each:
higher APR balances before lower ones.
Promotional Credit Plan with a unique due date or unique terms;
Regular Credit Plan
If you have a Same As Cash Credit Plan(s):
The total interest charge for the billing cycle is the sum of the interest
Until the final two complete billing cycles:
charge for each plan subject to the minimum interest charge shown in
We apply payments the same way we apply payments to a Same As
the chart.
Cash Credit Plan having a 0% APR
During the final two complete billing cycles and up to the date of
For Same As Cash Plans, if interest is applied, the interest is accrued
expiration we will apply payments received in this order:
from the transaction date of the purchase through the current cycle.
1) To the required Minimum Payment Due; and
The Interest Charge is the total of:
2) To the plan(s) that is expiring, in the order of expiration.
the applicable Daily Periodic Rate for the current cycle times the Daily
Balance for each day in the current cycle; plus
MANAGING YOUR ACCOUNT
the applicable Daily Periodic Rate for each prior cycle times the Daily
Balances of the Credit Plan for each day during each prior cycle.
OTHER USERS
You may permit others to use your Card or Account Number.
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 are responsible for all charges made by permitted users.
for the plan for each day in the cycle.
If you wish to revoke another person's permission to use your Account,
HOW DAILY BALANCE IS DETERMINED
you must notify us. We may close your Account and issue a new Card
with a different Account number.
To determine your Daily Balance, we:
take the opening balance for each Plan for that day; then
UPDATING YOUR RECORDS
add the following that were incurred on that day:
You agree:
a) any new purchases
a) to give us prompt advance notice of any change in your name,
b) any previous day's periodic Interest Charges
mailing address, phone number, or employer;
c) any fees and charges, including any credit insurance premiums or
b) to promptly give us accurate financial information about you if we
debt cancellation fees, if these apply; then
ask for it; and
subtract any payments and/or credits.
c) the Department of Motor Vehicles may release your home address
to us if we ever need it to find you.
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; and the
Once you close the Account:
charges will begin on the transaction date(s) of your purchase(s).
you must destroy your card(s); and
you will still be responsible for all amounts owed according to the
OTHER AGREEMENTS
terms of this Agreement.
ACCOUNT CLOSURE
PROTECTING YOUR CREDIT
At any time, for any reason, we may take any of these actions subject
to applicable law:
LOST OR STOLEN CARD
a) close your Account;
You agree to notify us immediately if:
b) suspend your credit privileges;
your Card is lost or stolen; or
c) reduce your credit limit.
your Account is used without your permission.
If we close your Account:
You may call at any time. The phone number is listed on your billing
Interest Charges and fees will continue to accrue until your balance
statement.
is paid in full; and
LIABILITY FOR UNAUTHORIZED USE
you agree to return or destroy your Card(s).
If you notice the loss or theft of your credit card, or a possible
COMMUNICATIONS
unauthorized use of your card, you should call us at the number listed
We may contact you from time to time regarding your Account. We
on your billing statement or the back of your card, or write to us
may contact you in any manner we choose unless the law says that we
immediately at:
cannot. For example, we may:
Capital One
1) contact you by mail, telephone, email, fax, recorded message, text
PO Box 5226, Carol Stream, IL 60197-5226
message or personal visit;
2) contact you using an automated dialing or similar device
You will not be liable for any unauthorized use that occurs after you
("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 us.
require you to pay your entire Account balance including any
Promotional Credit Plan balances, all accrued but unpaid Interest
CHANGE OF TERMS
Charges and other charges provided for in this Agreement
We may change this Agreement as allowed by applicable law. This may
immediately;
include changing, adding, or removing terms. We may do this in response
terminate any Promotional Credit Plans and convert balances to a
to the legal, business, competitive environment or other reasons not
Regular Credit Plan;
listed here.
change the terms of your Account;
We may increase the Interest rate on existing balances in limited circumstances.
sue you for what you owe.
Changes to some terms may require at least 45 days advance notice, and we
If we incur costs to collect your balance owed including any attorney
will tell you in the notice if you have the right to reject a change. We cannot
fees, we may charge you for these costs as permitted by applicable
change certain terms during the first year of your Account.
law, and we will apply your payments first to these costs.
ACCOUNT ASSIGNMENT
CREDIT REPORTING
We may sell, assign or transfer all or any part of your Agreement and
You agree that we may obtain and use credit information about you
Account without notice to you. You may not sell, assign or transfer
from others such as:
your Account.
merchants or stores;
WAIVERS
other lenders;
If we delay or take no action allowed under this Agreement, for any
consumer reporting agencies.
reason, we will not lose or limit any of our rights under this Agreement
If you believe we have reported inaccurate information about your
on any other occasion.
Account to any consumer reporting agency you should:
SEVERABILITY
notify us and ask us to correct the inaccurate information by writing
If a term is found to be invalid under any applicable law, rule or
to us at Capital One, PO Box 5253, Carol Stream, IL 60197-5253.
regulation, then all other terms of this Agreement will remain valid.
When you write to us, tell us:
NOTICE FOR CALIFORNIA RESIDENTS: California law requires that we
your Account number; and
inform customers that should they fail to fulfill the terms of their credit
the specific information you believe is not correct; and
obligation, a negative report reflecting on their credit record may be
why you believe it is not correct.
submitted to a credit reporting agency. If you are married, you may
apply for credit in your own name.
NOTICE FOR FLORIDA RESIDENTS: You (borrower) agree that, should we
You must contact us:
obtain a judgment against you, a portion of your disposable earnings
Within 60 days after the error appeared on your statement.
may be attached or garnished (paid to us by your employer), as
At least 3 business days before an automated payment is scheduled,
provided by Florida and Federal law.
if you want to stop payment on the amount you think is wrong.
NOTICE FOR MAINE RESIDENTS: We may request a consumer report in
You must notify us of any potential errors in writing. You may call us,
connection with your application for credit. You may ask whether a
but if you do we are not required to investigate any potential errors
consumer report was obtained by us and we will tell you the name and
and you may have to pay the amount in question.
address of the consumer reporting agency, if a report was obtained.
What Will Happen After We Receive Your Letter
Missouri Residents: Oral agreements or commitments to
When we receive your letter, we must do two things:
loan money, extend credit or to forbear from enforcing
1. Within 30 days of receiving your letter, we must tell you that we
repayment of a debt including promises to extend or renew
received your letter. We will also tell you if we have already corrected
such debt are not enforceable. To protect you (borrower(s))
the error.
and us (creditor) from misunderstanding or disappointment,
2. Within 90 days of receiving your letter, we must either correct the
any agreements we reach covering such matters are
error or explain to you why we believe the bill is correct.
contained in this writing, which is the complete and
While we investigate whether or not there has been an error:
exclusive statement of the agreement between us, except as
We cannot try to collect the amount in question, or report you as
we may later agree in writing to modify it.
delinquent on that amount.
The charge in question may remain on your statement, and we may
NOTICE FOR NEW YORK RESIDENTS: A consumer credit report may be
continue to charge you interest on that amount.
requested in connection with this application or in connection with
While you do not have to pay the amount in question, you are
updates, renewals or extensions of any credit granted as a result of this
responsible for the remainder of your balance.
application. Upon your request, you will be informed whether or not
We can apply any unpaid amount against your credit limit.
such a report was requested and, if so, the name and address of the
agency that furnished the report. New York residents may contact the
After we finish our investigation, one of two things will happen:
New York State Department of Financial Services to obtain a comparative
If we made a mistake: You will not have to pay the amount in
listing of credit card rates, fees and grace periods. New York State
question or any interest or other fees related to that amount.
Department of Financial Services: 1-800-522-3330.
If we do not believe there was a mistake: You will have to pay the
amount in question, along with applicable interest and fees. We will
NOTICE FOR OHIO RESIDENTS: The Ohio Laws against discrimination
send you a statement of the amount you owe and the date payment
require that all creditors make credit equally available to all
is due. We may then report you as delinquent if you do not pay the
creditworthy customers and that credit reporting agencies maintain
amount we think you owe.
separate credit histories on each individual upon request. The Ohio
Civil Rights Commission administers compliance with this law.
If you receive our explanation but still believe your bill is wrong, you
must write to us within 10 days telling us that you still refuse to pay. If
NOTICE FOR VERMONT RESIDENTS: A consumer credit report may be
you do so, we cannot report you as delinquent without also reporting
requested in connection with this application or in connection with
that you are questioning your bill. We must tell you the name of
updates, renewals or extensions of any credit granted as a result of this
anyone to whom we reported you as delinquent, and we must let those
application. Upon your request, you will be informed whether or not
organizations know when the matter has been settled between us.
such a report was requested and, if so, the name and address of the
agency that furnished the report.
If we do not follow all of the rules above, you do not have to pay the
first $50 of the amount you question even if your bill is correct.
The information about the costs of the Card described in this Cardholder
Agreement and Disclosure Statement is accurate as of November, 2013. This
Your Rights If You Are Dissatisfied With Your Credit Card Purchases
information may have changed after that date. To find out what may have
If you are dissatisfied with the goods or services that you have
changed write to us at 1111 Town Center Drive, Las Vegas, Nevada 89144.
purchased with your credit card, and you have tried in good faith to
APPLICABLE LAWS
correct the problem with the merchant, you may have the right not to
pay the remaining amount due on the purchase.
This Agreement is governed by the Commonwealth of Virginia law and
federal law.
To use this right, all of the following must be true:
1. You must have used your credit card for the purchase. Purchases
We make our credit decisions and extend credit to you under this
made with cash advances from an ATM or with a check that
Agreement from the Commonwealth of Virginia. This Agreement is:
accesses your credit card account do not qualify.
entered into in the Commonwealth of Virginia; and
2. You must not yet have fully paid for the purchase.
maintained in the Commonwealth of Virginia.
If all of the criteria above are met and you are still dissatisfied with the
This is true whether or not you use your card in the Commonwealth of
purchase, contact us in writing at:
Virginia.
Capital One
Your Billing Rights: Keep This Document For Future Use
PO Box 5893, Carol Stream, IL 60197-5893
This notice tells you about your rights and our responsibilities under
While we investigate, the same rules apply to the disputed amount as
the Fair Credit Billing Act.
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
What To Do If You Find A Mistake On Your Statement
pay, we may report you as delinquent.
If you think there is an error on your statement, write to us at:
Capital One
BR251777 (11/13) M-110149
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.
Description of problem: If you think there is an error on your bill,
describe what you believe is wrong and why you believe it is a mistake.