Clerk Notice: Bosso, Lisa Vs Wells Fargo Bank N A

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                                11-2017-CA-002150-0001-XX
Filing # 65383819 E-Filed 12/14/2017 10:17:26 AM
IN THE CIRCUIT COURT OF THE

20TH JUDICIAL CIRCUIT IN AND
FOR COLLIER COUNTY, FLORIDA

WELLS FARGO BANK, N.A.
Plaintiff,
VS.
LISA BOSSO
Defendant(s).
! CASE NO.:
COMPLAINT FOR DAMAGES |

AND/OR AN ACTION TO COLLECT A DEBT

COMES NOW, the Plaintiff, WELLS FARGO BANK, N.A. , formed under the Laws of the United
States, transacting business by the instrumentality of interstate commerce as authorized under the United
States Code, and sues the Defendant(s), LISA BOSSO , and states the following:

JURISDICTION

1. This Court has jurisdiction over this dispute as this Complaint seeks damages
exceeding the sum of $15,000.00; exclusive of court costs and attorneys' fees,

2. Defendant(s) is/are amenable to jurisdiction in Florida because the Defendant(s) reside in
Florida, conduct substantial business in Florida, breached a contract within Florida, and/or committed all acts
and omissions stated in the Complaint in Florida.

3. Pursuant to Florida Statute § 47.011 and/or 47,021, venue is proper in COLLIER
County.

GENERAL ALLEGATIONS
Plaintiff re-alleges paragraphs | through 3 above and further states that:

4. The Plaintiff, at all times material hereto is a corporation formed, organized and existing
under and by virtue of the laws of the United States, transacting business by and through the instrumentality
of interstate commerce, by the issuance of credit.

5. All conditions precedent have been performed or have occurred.

6. This is a Complaint for damages as a result of non-payment of a credit card. The laws
promulgated for the regulation of such credit transactions described herein are governed by 15 U.S.C. § 1601,

et sep. The rules for same are codified under the Code of Federal Regulations (all references hereinafter to

Page 1

FILED: COLLIER COUNTY, DWIGHT E. BROCK, CLERK, 12/14/2017 04:01:27 PMC.F.R. shall mean code of Federal Regulations) as created under the authority if the Federal Reserve Board
under 12 C.F.R. Pt. 226 and are dispositive of such transactions. Rossman v Fleet Bank (R.I.) National
Association, 280 F.3d 384 3™C.A., 2001).

7. The Defendant(s) [a cardholder as defined by 12 C_F.R. § 226.2 (a)(8)] obtained a credit card
{as defined by 12 C.F.R. § 226.2 (a)(15)] account from Plaintiff, a credit grantor [a card issuer as defined by
12 C.F.R. § 226.2 (a)(17)] on or about _July 22, 2016 under account number ending in 9027, which
was used by Defendant (s), after all disclosures, (pursuant to 12 C.F.R. § 226.5). Attached hereto is a copy
of the applicable Credit Card Account Agreement and Disclosure under the Federal Truth-in-Lending Act,
as Composite Exhibit "A" and incorporated herein by reference.

8. The Defendant(s) used the credit card and took advances on same to purchase goods/and or
cash advances and was sent a payment reminder for each billing cycle (pursuant to 12 C.F.R. § 226.2
(ay(4)(4) & 12 C.F.R. § 226.5 (b)(2)(1)., and the use of same by the Defendant (s) herein constituted a
promise to repay same, and the Defendant (s) accepted the benefits thereof.

9. All periodic payment statements forwarded to the Defendant(s) by the Plaintiff pursuant to
12 C.FLR. § 226.2 (a)(4)(4) & 12 C.F.R. § 226.5 (b)\(2)(D disclosed to the Defendant(s) their billing rights
and the Defendant(s) did not notify the Plaintiff of any errant transactions [pursuant to 12 C.F.R. § 226,12
(b)(3), or 12 C.F.R. § 226.13] and as result thereof is liable for all changes on the account and has waived
any defenses to the sum due.

10. The Defendant(s) defaulted by non-payment of the account. Notwithstanding the Plaintiff
having forwarded to the Defendant(s) statement(s) of the account, Defendant has failed and refused to pay
same. See Composite Exhibit "B."

11. As a result of the Defendant’s actions, the Plaintiff has been required to retain the
undersigned Law Firm for the purposes of prosecuting its claim against the Defendant, and is entitled to a
reasonable attorney’s fee pursuant to the disclosures made to the defendant(s) [pursuant to 12 C.F.R. §

226.12 (b)(3), or 12. C.F.R. § 226.13], and court costs.

COUNT I
ACTION AGAINST CREDIT HOLDER TO RECOVER
BALANCE DUE PURSUANT TO CREDIT CARD ACCOUNT AGREEMENT

Plaintiff re-alleges paragraphs | through 11 above and further states:

12. Pursuant to the terms of the Credit Card Account Agreement, the Defendant(s) agreed to pay
promptly on rendition ofa statement for all charges made with Defendant’s credit pursuant to the installment
terms stated therein. See Composite Exhibit "A."

13, Plaintiff has duly performed all conditions of the Credit Card Account Agreement to be
performed by the Plaintiff under its terms with the Defendant(s).

14. On various occasions, from time to time, the credit issued to the Defendant(s) by the Plaintiff
was used by the Defendant(s) or others (with Defendant’s consent) to make purchases of merchandise or
services, or the issuance of cash advances which purchases were paid by the Plaintiff under its credit
program, or to obtain cash advances from the Plaintiff.

Page 215. The Defendant(s) is/are indebted to the Plaintiff in the sum of $19513.14, being the balance
due on the account. See Composite Exhibit "B."

16. Demands have been made by the Plaintiff for the payment of the sums in issue and the
Defendant(s) has/have failed and refused to make payment as required in accordance with the terms of the
credit agreement.

WHEREFORE, ail premises considered, the Plaintiff herein demands that this Honorable Court
enter a judgment against the Defendant(s) in the amount of $19513.14, award Plaintiff attorneys' fees and
court costs, and any further relief that this Court deems just and proper.

COUNT IT
CREDIT ACCOUNT STATED

Plaintiff re-alleges paragraphs 1 through 10 above and further states that this Count is being plead as an
alternative theory of relief to Count I:

17. Before the institution of this action Plaintiff and Defendant has business transactions
between them and they agreed to the resulting balance.

18. Plaintiff rendered statements of it to Defendant(s) as indicated by the statement(s) attached
hereto as Composite Exhibit "B" of which is comprised of the account showing items, time of accrual of
each, and amount of each, and Defendant(s) did not object to the same.

19. Defendant(s) owe(s) Plaintiff $19513.14.

WHEREFORE, all premises considered, the Plaintiff herein demands that this Honorable Court

enter a judgment against the Defendant(s) in the amount of $19513.14, including but not limited to court
costs and any further relief that this Court deems just and proper.

THIS SPACE INTENTIONALLY LEFT BLANK

Page 3DESIGNATION OF PRIMARY E-MAIL ADDRESS

In accordance with Fla. R. Jud. Admin. 2.516(b)(1)(A), the undersigned attorney for the Plaintiff

hereby designates eservice|(@naderpourlaw.com as their primary e-mail address and
eservice2@naderpourlaw.com as their secondary e-mail address.

NADERPOUR & ASSOCIATES, P.A.
Attorneys for the Plaintiff

2743 Hollywood Blvd.

Hollywood, FL 33020

Tel: (954) 926-4233

Fax: (954) 926-4238

Primary Service Email Address:
eservice{@naderpourlaw.com

|] JODI M. FOX, ESQ., FBN: 24872
SABERIN J. JAMSHED, ESQ., FBN: 88665
[ ] BENJAMIN W. BUCK, JR ESQ., FBN:117639
[ ] WILLIE JAMES BRICE, JR ESQ., FBN: 120226

WELLS FARGO BANK, N.A., v. LISA BOSSO
Internal l'ile No.: 23358

Page 4

SAS SSA FEA SNORE SISSNRCN NLACONSUMER CREDIT CARD
CUSTOMER AGREEMENT &
DISCLOSURE STATEMENT

VISA® OR MASTERCARD®

Table of Contents:
Your Contract ‘With Us:

Changes To this Agreement: : eeu
Fees And Interest: Si Gane
Billing Statements And Payments:
Other Importa ne Information:
Arbitration:
Your Billing. Rights:
Interpreter Certification:

_ Section 31
- Section 32 : Pg. a
- Section 33 : Pa.

Notice To California Cardholders © SCS SUES |
To our California customers who have discussed credit card terms and conditions with u usin 1 Spanish, ‘Chinese,
Korean, Vietnamese, or Tagalog:

Read Section 33 about interpreter certification before you activate your credit card.

Antes de activar su tarjeta de crédito, lea la secci6n 33 con respecto a una certificacion
importante.
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SRA SH NBILS ApBolr| AlAbofAl7| Hol AA 330] Aol US HLAALL.
Quan trong: Xin doc Muc 33 dé biét tin tt’c quan trong vé chitng nhan truce khi quy vi hiéu luc héa thé
tin dung ctia minh.
Mahalaga: Pakibasa ang Bahagi 33 para sa mahalagang katibayan bago ninyo i-activate ang inyong credit
card.
Your Contract With Us ES CUS OR EO
(1) Agreement. This Credit Card Agreement ( '‘Agreement”} covers the use of your credit card account
("Account") with us. It includes the Important Terms of Your Credit Card Account on the enclosed letter or the
document that accompanies your Card, as well as any subsequent disclosures, all of which are incorporated
here by reference. You accept the terms of this Agreement by using or activating your Account. If you have
a joint Account, each of you is bound by this Agreement. Please read this Agreement carefully and save
it for future reference.

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(2) Parties to this Agreement. This Agreement is made between Wells Fargo Bank, N.A., P.O. Box 10347,
Des Moines, IA 50306 ("we", “us", and “our") and each Account holder, whether primary or joint ("you"
and "your").

(3) Definitions

An Annual Percentage Rate (APR).

The interval between billing statements. Each billing statement shows a

closing date. The statement closing date is the last day of the Billing Cycle

for that billing statement.

Any credit card we issue to use your Account.

Obtaining cash or funds using your Account by:

e presenting your Card at a bank that accepts MasterCard or Visa;

e using your Card with your Card Personal Identification Number (PIN)
to obtain cash from any Automated Teller Machine (ATM) which
displays any of the logos appearing on your Card;

e using any Wells Fargo debit card linked to your Account to obtain cash
from any ATM which displays any of the logos appearing on your Wells
Fargo debit card;

Billing Cycle or
Billing Period

Cash
Advance

Page i of 13

Compsite Ethibit “AXusing the Wells Fargo Online Banking® service for transactions other

than those disclosed as balance transfers;

e using our Customer Service department for transactions other than
those disclosed as balance transfers;

e taking overdraft protection advances;

e using SUPERCHECKS™ checks that are issued in connection with this
Account, (unless provided by us in connection with a balance transfer
offer); or

e buying cash equivalents such as money orders, wire transfers, traveler

checks, foreign currency, lottery tickets, casino chips, off-track wagers,

other wagers, vouchers redeemable for cash or similar items.

Credit Access Device A device, other than your Card, (such as SUPERCHECKS™ checks, balance
transfer checks) we allow you to use to access credit on your Account.

Important Terms of Your A summary of your Account's APRs, fees and other important information.
Credit Card Account

(New Balance  ———Ssd The Outstanding Balance as of a statement closing date.

Outstanding Balance The sum of all unpaid amounts, including Purchases, Cash Advances,
balance transfers, interest, fees and any other amounts that you may owe
us.

Payment The date the Minimum Payment is due to us. The Payment Due Date will

Due Date be at least 25 days from the statement closing date. It is shown on your
billing statement.

The use of your Account to:
e make any transaction that is not a Cash Advance, balance transfer, or
other type of transaction we may identify.

e buy or lease goods or services;
Other terms are defined in the Agreement below.

(4) Contacting Us. Unless stated otherwise in this Agreement, you may contact us at the phone number
or address shown on your billing statement.

(5) Contacting You. By providing us with any telephone number, you are expressly consenting permission
to contact you at that number about all of your Wells Fargo accounts. You give consent to allow us to contact
your past, present and future phone service providers to verify the information you have provided against
their records. You agree that your phone service providers may verify any phone numbers you have supplied
to the name, address, and status on their records. For us to service your Account or to collect any amounts
you may owe, you agree that we may contact you using any contact information related to your Account
including any number (i) you have provided to us (ii) from which you called us, or (iii) which we obtained and
reasonably believe we can reach you. We may use any means to contact you and this may include contact
from companies working on our behalf to service your accounts. This may include automated dialing devices,
prerecorded/artificial voice messages, mail, e-mail, text messages, and calls to your cell phone or Voice over
Internet Protocol (VoIP) service, or any other data or voice transmission technology. You are responsible for
any service provider charges as a result of us contacting you. You agree to promptly notify us if you change
any contact information you provide to us. This includes your name, mailing address, e-mail addresses, or
phone numbers. If you have a joint Account, a notice to one of you will serve as a notice to both of you.

Using Your Account ee
(6) Using Your Account. This is a consumer credit card Account which you may use for Purchases, balance
transfers, Cash Advances and any other transactions we allow you to complete. You promise that you will
use your Account only for lawful personal, family, or household purposes. We reserve the right to deny
transactions or authorizations from merchants apparently engaging in the internet gambling business or
identifying themselves through the Card transaction record or otherwise as engaged in such business. We
are not responsible if anyone does not allow you to use your Account or refuses to accept any other Credit
Access Device, We may decline any transaction at any time.

« Purchases. You may use your Account for Purchases. Tax payments (including any fees charged by

an associated agency) are Purchases.

Page 2 of 13e Balance Transfers. You may use your Account for balance transfers. The applicable APR and balance
transfer fees are listed in the Important Terms of Your Credit Card Account or with the balance transfer
offer or check you receive. There is no grace period on balance transfers. We begin charging interest
on balance transfers on the date the balance transfer is posted to your Account.

e Cash Advances. You may use your Account for Cash Advances. The applicable APR and Cash Advance
fees are listed in the Important Terms of Your Credit Card Account. We may limit your total Cash
Advances to a portion of your total credit limit. There is no grace period on Cash Advances. We begin
charging interest on Cash Advances on the date the Cash Advance is posted to your Account.

Cash Advances from ATMs may be limited by amount or frequency:

e A total daily withdrawal limit of $500;

e« A maximum limit of $500 for any single ATM withdrawal;

e No more than five ATM withdrawals per day; and

The ATM owner may impose more restrictive limits.

If the ATM owner charges a surcharge or convenience fee for withdrawing cash, the amount of that fee

will be included as part of the total Cash Advance amount.

You may elect to have an automatic Cash Advance from your Account to cover an overdraft on a linked

Wells Fargo checking account.

We determine the overdraft advance amount as follows:

e We will advance the exact dollar amount to cover the overdraft, subject to a minimum overdraft
protection advance amount of $25.00. If the amount of available credit on your Card is less than the
amount of the overdraft or less than the $25.00 minimum, we will still advance the available amount.

The applicable APR and transaction fee that apply to overdraft protection advances are listed in the

Important Terms of Your Credit Card Account. Overdraft protection advances, and applicable interest

and fees, may cause your Account balance to exceed your credit limit.

If there is more than one person listed on the checking account (such as a joint checking account) that

you have linked for overdraft protection, then:

e You will be responsible for all overdraft protection advances regardless of which person writes the
check or engages in any other transaction (such as a debit card purchase) that causes the overdraft;
and

e You agree to allow us to disclose to any other person on your checking account, that this Card is
linked to your checking account for overdraft protection.

We reserve the right to cancel, suspend, or change the terms or conditions of your overdraft protection

service at any time, for any reason.

Credit Access Devices. You may access credit on your Account by using your Card, or another Credit
Access Device (such as SUPERCHECKS™ or balance transfer checks).

SUPERCHECKS are checks you can use to access your Account in a manner similar to writing a check on
a deposit account. Except as otherwise stated below, when we receive a SUPERCHECKS check, we will
pay it by advancing the amount from your credit card Account. SUPERCHECKS™ checks will post as a
balance transfer if provided by us in connection with a balance transfer offer; otherwise they will post as
a Cash Advance. They are subject to the related transaction fees and interest.

e You may not write a SUPERCHECKS check as payment on your Account.

e Only the person whose name is printed on a SUPERCHECKS check may use it.

e Ail SUPERCHECKS checks must be written in U.S. dollars.

e We will not certify SUPERCHECKS checks.

e If you have a dispute which you are unable to resolve with a merchant about payment for property or
services that you paid for using a SUPERCHECKS check, you will not be allowed to file a claim against
the bank to reimburse you for this transaction.

* We reserve the right to put conditions on the use of SUPERCHECKS checks and to reject, decline and
return unpaid any SUPERCHECKS check or advance at our discretion.

We may provide other Credit Access Devices which may be used to access your Account. The applicable

interest and fee terms will be disclosed to you prior to your use of the Credit Access Device.

Page 3 of 13

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$e Third Party/Mobile Devices. We may also permit you or any authorized user to load information about
your Account onto third party/mobile devices (such as a smartphone, tablet, or any other handheld
or wearable communication device that allows you to store or electronically present your Account
information) that would enable you to make Purchases or engage in credit transactions for your Account
without needing to show your credit card. You and we agree that any such use of your Account will be
subject to all the terms and conditions contained in this Agreement.

To the extent you do use a third party/mobile device to make a credit transaction on your Account, or
load information about your Account onto any such device, you need to be aware that we do not control
the device and cannot guarantee the performance of either the device or any third party.

Additionally:

« You agree to carefully protect the security of any devices the same as you would your cash, checks,
credit cards and other valuable information. We encourage you to password protect or lock your
device to help prevent an unauthorized person from using it. You agree to promptly report any loss
or theft to both us and the third party.

e You may incur third party fees related to engaging in a transaction (such as mobile carrier data or
messaging charges).

e Credit transactions made through a third party/mobile device may involve the electronic transmission
of information related to you or your Account across wireless or computer networks. Third parties,
such as merchants, card association networks, mobile carriers, mobile wallet operators, and software
application providers may use and receive information in connection with a credit transaction. Third
parties may also receive information about your mobile device when you use it to make a credit
transaction.

e We may, at any time, partially or fully restrict your ability to make credit transactions through a third
party/mobile device. You agree to notify us promptly if you remove or want to remove your Account
information from any third party/mobile device.

(7) Authorized Users. If you wish to have an additional Card issued in another person's name, please
contact us and we will send you a Card with the name of the authorized person embossed on the front of the
Card. You are responsible for payment of the entire amount owed to us, including any Purchases, balance
transfers or Cash Advances (and all related interest and fees) made by the authorized person.

e Ending Authorized User Privileges.

If you want to end an authorized user's privilege to use your Account, before we can process the
request, you must:

e Recover and destroy that person’s Card. If you do not recover and destroy the Card, you will continue
to be liable for any charges made after you advised us of your wish to cancel the privileges, unless
you tell us to cancel all Cards and establish a new Account for you.

e You must notify us of your request by contacting us at the number on the back of your Card or by
mail at Wells Fargo Bank, N.A., P.O. Box 10347, Des Moines, IA 50306.

In general, an authorized person is not obligated on this Account and is not liable for any Outstanding Balance
or any other charges made by you or by any other authorized person. Each authorized person's privilege
ends automatically upon the death of all fully liable cardholders. If any person uses the Card, such use
indicates his or her agreement to pay us, and we may, at our discretion, pursue the person for payment of
any Outstanding Balance or any other charges they authorize. You agree to notify each authorized person
that they are subject to all applicable sections of this Agreement.

(8) Lost or Stolen Cards and Liability for Unauthorized Use. You agree to notify us immediately, if
your Card is lost or stolen or if you believe your Account is being used without your permission. You may
contact us orally or in writing at 1-800-642-4720 or P.O. Box 10347, Des Moines, IA 50306. You agree to
assist us in our investigation of the matter. If you do this, you will not be held liable for the unauthorized
use of your Account.

(9) Promise to Pay. When you use your Account or let someone else use it, you promise to pay the total
amount of the Purchases, Cash Advances, and balance transfers, plus all interest, fees and other amounts
that you may owe us. We may limit or close your Account, but the terms of this Agreement will apply until
you pay the Account in full.

Page 4 of 13(10) Credit Limit.
We may assign the following limits to your Account:
e Credit Limit. This is the amount of credit we will extend to your Account.
e Cash Advance Limit. This is a portion of the credit limit that is available for Cash Advances.

Your total credit limit is shown on the document that accompanies your Card and on each of your billing
statements. You promise to use your Account only to the limits. If you exceed your total credit limit, we may
authorize the transaction without increasing your total credit limit (we may treat that amount as immediately
due), or deny the authorization. If you exceed the limits, you will still remain liable for all credit you receive.
We can adjust your credit limit at any time.

(11) Authorizations. We may limit the number of authorizations we will allow during a period of time.
We reserve the right to deny certain transactions for any reason, including default, suspected fraudulent
or unlawful activity, internet gambling, or any indication of increased risk related to the transaction. For
security reasons, we cannot explain the details of how the authorization system works. You agree that we
will not be liable for failing to give an authorization. If the authorization is denied, we may notify the person
who attempted the transaction that it has been refused. Transactions at some merchants (such as hotels,
car rental companies, restaurants, and gas stations) may result in temporary authorizations for amounts
greater than the actual Purchase amount, which will make less credit available on your Account for several
days (usually until the date the actual Purchase amount is received from the merchant).

Changes To This Agreement -

(12) Change In Terms. We may change this s Agreement at any time. These ‘changes may apply to existing
and future balances. We will give you advance written notice of the changes and a right to reject the changes
if required by law. We may require yout to close your Account or take other actions if you reject t the @ changes.

Fees And Interest’:

(13) Fees. You agree to pay the following fees. You will find the fee amounts in the Important Terms of

Your Credit Card Account.

e Annual Fee. This fee may be charged if applicable. If your Account has an annual fee, you are responsible
for paying it every year while your Account is open. The annual fee will not continue to be billed after
your Account is closed.

e Balance Transfer Fee. This fee may be charged if you engage in a balance transfer transaction.

e Cash Advance Fee. This fee may be charged when a Cash Advance is posted to your Account.

e Overdraft Protection Advance Fee. This fee may be charged when an overdraft amount is advanced
to the checking account linked by you to your Account.

° Foreign Currency Conversion Fee. This fee may be charged on each Purchase transaction converted
into a U.S. dollar amount by MasterCard or Visa.

e Late Fee. This fee may be charged each time we do not receive the required Minimum Payment due
by the Payment Due Date.

e Returned Check or Returned Payment Fee. This fee may be charged when a payment is not processed
the first time or is returned unpaid.

Additional fees may be charged if agreed between you and us. All fees will be added to the Purchases balance,
except Cash Advance fees which will be added to the Cash Advance balance on your Account.

(14) Foreign Currency Transactions,

e MasterCard. If you make a transaction with your MasterCard Card in a currency other than U.S.
dollars, MasterCard International Incorporated ("MasterCard") will convert the charge into U.S. dollars
using its currency conversion procedure. Currently, the currency conversion rate used by MasterCard
for such transactions is generally either a government-mandated rate or a wholesale rate determined
by MasterCard for the processing cycle in which the transaction is processed. The currency conversion
rate used by MasterCard for the processing date may differ from the rate in effect on the date of the
transaction or the date the transaction is posted to your Account.

e Visa. If you make a transaction in a currency other than U.S. dollars using a Visa Card, then Visa
International "Visa" will convert the charge into a U.S. dollar amount. The exchange rate between the
transaction currency and the billing currency used for processing international transactions is either (a)

Page 5 of 13a rate selected by Visa from the range of rates available in wholesale currency markets for the applicable
central processing date, which rate may vary from the rate Visa itself receives, or (b) the government-
mandated rate in effect for the applicable central processing date. The currency conversion rate for the
processing date may differ from the rate in effect on the date of the transaction or the date the transaction
is posted to your Account.

e Point of Sale Conversion. Some merchants outside the United States offer cardholders the option of
having Card transactions converted to U.S. dollars by Visa or MasterCard, as described above, or by the
merchant itself. If the latter option is chosen, the currency conversion rate is determined solely by the
merchant involved in the transaction, and no foreign currency conversion fee is charged by the bank for
the transaction.

(15) Rates. This is how we calculate interest rates that apply to your Account. The Important Terms of
Your Credit Card Account indicate the Standard and/or Standard Variable APRs as applicable to the different
types of balances on your Account. The document that accompanies your Card also states the calculated
daily periodic rates that apply to your Account.

e Introductory / Promotional APRs. If your Account is eligible for one or more introductory rates,
the Important Terms of Your Credit Card Account describe the duration, the transactions to which the
introductory rates apply, the introductory daily periodic rates, and the corresponding APRs applicable to
your Account as of the date your Account opened. If a promotional rate is offered after your Account is
open, the terms applicable to that promotional APR will be provided at that time. After the introductory
rates or any other promotional rates expire, the remaining balances will be subject to the applicable
Standard or Standard Variable APR terms.

e How We Calculate Your Standard Variable APRs. If your Account is subject to Standard Variable
APR, the APR is a variable rate based on the U.S. Prime Rate plus the applicable “Margin”. Unless an
introductory or promotional APR is in effect, we will add a “Margin” to the U.S. Prime Rate to determine
your variable APR. For each Billing Period, we use the U.S. Prime Rate or the average of the U.S. Prime
Rates (if there is more than one) published in the "Money Rates” column of The Wall Street Journal three
business days prior to your statement closing date. If the U.S, Prime Rate is no longer published or is
not available, we may select a similar index. The Important Terms of Your Credit Card Account displays
the amount of the "Margin" on Purchases, balance transfers, Cash Advances, and overdraft protection
advances, and daily periodic rates that apply to your Account. The APR may increase or decrease if the
U.S. Prime Rate increases or decreases and this will also cause the related daily periodic rate to increase
or decrease. An increase or decrease in the APR may increase or decrease the total amount of interest
you pay. It may also increase or decrease the Minimum Payment due. If the APR changes due to a change
in the U.S. Prime Rate, the new APR will apply as of the first day of your Billing Cycle. Any changes will
apply to both existing and future balances on your Account. The APR will continue to vary even if your
Account is closed.

e Standard APRs. If your Account is subject to Standard APRs, the Standard APRs will not vary with the
market based on the U. S. Prime Rate. However, we may change the Standard APRs from time to time in
accordance with section 12 above. Please refer to the Important Terms of Your Credit Card Account for the
Standard APRs and daily periodic rates for Purchases, balance transfers, Cash Advances, and overdraft
protection advances applicable to your Account.

« How We Calculate Your Daily Periodic Rates.

The daily periodic rates are calculated by dividing each applicable APR by 365.

(16) Minimum Interest Charge. The Important Terms of Your Credit Card Account disclose the Minimum
Interest Charge applicable to your Account,

(17) When We Charge Interest. Uniess stated otherwise below, we begin charging interest on a Purchase,
balance transfer, Cash Advance, other transaction or interest charge on the date the Purchase, balance
transfer, Cash Advance, other transaction, or interest charge posts to your Account. We begin charging
interest on a fee on the first day of the Billing Cycle following the Billing Cycle in which the fee posts to
your Account. However, if a late payment fee is posted to your Account in the current Billing Cycle, but is
related to a late payment in the prior Billing Cycle, we will begin charging interest on the fee on the first
day of the current Billing Cycle.

(18) Grace Period. You can avoid interest on any portion of a Purchase shown on your current billing
statement that you pay by the Payment Due Date if the New Balance shown on your previous billing statement
was zero or was paid in full by the previous Payment Due Date. The Payment Due Date will be at least 25

Page 6 of 13days from the statement closing date and is printed on each billing statement you receive. You cannot avoid
interest on Cash Advances or balance transfers.

(19) How We Calculate Interest - Average Daily Balance Method (Including New Purchases).
The total interest charge is the sum of interest charges for each type of balance, including any Cash Advance
balance or Purchase balance (including, for purposes of this section, balance transfers} on your Account. We
figure the interest charge for each type of balance on your Account by applying the daily periodic rate to the
average daily balance ("ADB"). Then, we multiply this amount by the number of days in the Billing Cycle.

interest charge = daily periodic rate x ADB x number of days in Billing Cycle.

ADBs for each type of balance are calculated separately starting with beginning balance of the first day of
each Billing Cycle. The beginning balance on the first day of the Billing Cycle is the prior Billing Cycle's ending
balance, which includes any unpaid fees posted to your Account in the prior Billing Cycle. It also includes
any late payment fees posted in the current Billing Cycle that are related to a late payment in the prior
Billing Cycle. To get the ADB for each type of balance, we take the beginning balance each day and add
any new Purchases, balance transfers and Cash Advances. Except for the first day of each Billing Cycle, we
add interest equal to the previous day's balance multiplied by the daily periodic rate. (This means interest
is compounded daily.) Then, we subtract any payments or credits. This gives us the daily balance. Any daily
balance that is a credit balance will be treated as zero. Then, we add up all the daily balances for the Billing
Cycle. We divide this amount by the number of days in the Billing Cycle. This gives us the ADB.

ADB = sum of daily balances + number of days in the Billing Cycle.

Billing Statements:And Payments |

(20) Billing Statements. Each month you have a balance, you will receive a > billing statement t showing

your New Balance. Your billing statement also shows the Minimum Payment due, the Payment Due Date and

the time of day by which we must receive your payment.

(21) Payments.

¢ Minimum Payment. You promise to pay the Minimum Payment due by the Payment Due Date. The
"Minimum Payment" is any past due amount plus the larger of:

e The sum of the fees and interest billed during the Billing Cycle for which the Minimum Payment is
calculated plus 1% of the New Balance shown on the billing statement (the Minimum Payment is then
rounded-up to the next highest whole dollar amount); or

e $15.00 (or the entire balance on the Account if the New Balance is less than $15.00).

Credits will not be used to meet the Minimum Payment. In addition, any past due amount is due and payable
immediately. If your balance exceeds your credit limit, we also require that you pay the over limit amount,
but that amount is not included in your Minimum Payment due.

° Payment Instructions. Follow these instructions when making a payment:

e Make your payment in U.S. dollars, but do not send cash. Unless the payment is made electronically,
it must be in the form of a personal check, money order, or cashier's check and capable of being
processed through the Federal Reserve System. Payments must be drawn on a United States bank.
If we choose to accept a payment made in a foreign currency, we will temporarily credit the Account,
until the U.S. currency conversion is complete. We will then reverse the temporary credit and post
the U.S. currency converted amount.

e If you choose to make a payment by mail, please mail to the payment address designated on your
billing statement using the envelope and the payment coupon enclosed with your billing statement.
Payments received by 5:00 p.m. local time at the location to which the payment is mailed, will be
credited as of the date of receipt. Payments received after 5:00 p.m., will be credited as of the next
day.

e If you choose to make a payment online via Wells Fargo Online Banking at wellsfargo.com, the cut-
off time for online payments will be disclosed at the time of the transaction.

Page 7 of 13If you do not follow these instructions, or make a payment using a money transfer other than the transfer
feature on Wells Fargo Online Banking, your payment may not receive credit for up to five days after we
receive it.

Any payment submitted to us in the form of a check or other paper document may be converted to an
electronic transaction through procedures established by the National Automated Clearing House Association.
If this occurs, the original check or other document that you send to us will not be retained, but a copy
would be available if requested.

We may, at our discretion, withhold a portion of the available credit on this Account up to the amount of
any payments in order to assure that the check or other payment instrument is honored. You may not make
a payment on this Account using any credit or loan account (including, without limitation, any instrument
drawn on such accounts) held with Wells Fargo Bank, N.A., Wells Fargo & Company, or any of their affiliates
or subsidiaries, and we may refuse any such payments in our sole discretion.

e You may not use SUPERCHECKS checks, drawn on this Account, to make any payment on this Account.

e Generally, we will apply your Minimum Payment first to lower APR balances (such as Purchases)
before balances with higher APRs (such as Cash Advances). Payments made in excess of the Minimum
Payment will be applied to balances with higher APRs first before balances with lower ones.

e We post payments to the Billing Cycle within which they are received. Any payment in excess of the
Minimum Payment due is applied based on the balances reflected on your last billing statement.

Irregular Payments. We may accept late or partial payments, or payments that reflect “paid in full" (or
other restrictive language), without losing our rights to receive full payment. If you intend to claim to pay
your Account in full with an amount less than the Outstanding Balance, payments must be sent to: Wells
Fargo, P.O. Box 10311, Des Moines, IA 50306-0311. Please note that such payments will not discharge your
full debt.

OtherImportantInformation sy

(22) Default / Immediate Repayment of Balance in Full. Your Account will be in default if:

e You fail to pay a Minimum Payment by the Payment Due Date;

e Any payment is dishonored;

¢ You violate any terms of this Agreement;

e You made an untrue statement on your application; OR

« You file for bankruptcy.
If your Account is in default, our rights include, but are not limited to, refusing to authorize further
transactions (including SUPERCHECKS checks), closing your Account and any other credit card Accounts
with us, and requiring the immediate payment of the Outstanding Balance. If your Account is in default,
you alsa agree to pay our collection costs, attorney's fees, and court costs incurred in enforcing our rights
under this Agreement.

(23) Re-Verification of Credit Information. We can reinvestigate any information you provided on your
credit application at any time, and in the course of doing so, we may ask you for additional information,
request credit bureau reports, and otherwise verify your current credit standing. You authorize us to
investigate your credit, employment, assets, and income records and to verify your credit references. From
time to time we may obtain follow-up credit reports on you.

California Residents. We may also obtain information at any time from the California Department of Motor
Vehicles. You agree to waive the address confidentiality requirements section of the California Vehicle Code
(Section 1808.21).

(24) Cancellation. We may cancel, revoke, or suspend your rights under this Agreement for any reason.
You may also close the Account at any time. If the Account is closed for any reason, you must still repay
any unpaid balance you owe to us according to the terms of this Agreement. If this is a joint Account, either
person who is liable on the Account may give notice to cancel the Account, and we may close it without
notifying the other liable person.

(25) Separation of Unlawful Provisions. If any provision of this Agreement is determined to be unlawful,
the rest of the Agreement will stand and the unlawful provision will be deemed amended to conform to law.

Page 8 of 13(26) Enforcement Rights. We may waive or delay enforcing any of our rights without losing them. We
may waive or delay enforcing a right against one of you without waiving it as to the other. If this is a joint
Account, a default by one of you will be a default by all of you. A court decree for divorce or separation or a
noncourt mutual agreement does not affect our ability to enforce this Agreement or collect the Outstanding
Balance against all liable parties if we were not a party to the decree or agreement.

(27) Phone Monitoring. You agree that we may monitor and record your phone calls with us.

(28) Information Reporting. You agree that we may report your performance, status, and history under
this Agreement to consumer reporting agencies. If you request additional Cards on your Account for others,
you understand that we may report Account information in your name as well as in the names of those
additional cardholders. If you fail to comply with the terms of the account as defined in this agreement,
it will be furnished to the credit reporting agencies and it could cause a negative reference on your credit
report and the credit reports of any additional cardholders. You have the right to dispute the accuracy of
information that we have reported by writing to us at Wells Fargo Credit Bureau Dispute Resolution, P.O. Box
14517, Des Moines, IA 50306-3517 and describing the specific information that is inaccurate or in dispute
and the basis for any dispute with supporting documentation. In the case of information that you believe
relates to an identity theft, you will need to provide us with an identity theft report.

(29) Assignment. We have the right to assign your Account to another creditor. The other creditor is then
entitled to any rights we assign to them, You do not have the right to assign your Account.

(30) Governing Law. This Agreement and your Account, is governed by federal law and, to the extent
applicable, the laws of the State of South Dakota, no matter where you live or use your Account,

Arbitration: on RRS GE SS SER RES
(31) Dispute Resolution Program: Arbitration Agreement.

a Binding Arbitration. You and Wells Fargo Bank, N.A. (the “Bank") agree that if a Dispute arises
between you and the Bank, upon demand by either you or the Bank, the Dispute shall be resolved
by the following arbitration process. The foregoing notwithstanding, the Bank shall not initiate an
arbitration to collect a consumer debt, but reserves the right to arbitrate all other disputes with its
consumer customers. A "Dispute" is any unresolved disagreement between you and the Bank. It
includes any disagreement relating in any way to the Card or related services, Accounts, or matters;
to your use of any of the Bank's banking locations or facilities; or to any means you may use to access
the Bank, It includes claims based on broken promises or contracts, torts, or other wrongful actions. It
also includes statutory, common law, and equitable claims. A Dispute also includes any disagreements
about the meaning or application of this Arbitration Agreement. This Arbitration Agreement shall
survive the payment or closure of your Account. YOU UNDERSTAND AND AGREE THAT YOU AND
THE BANK ARE WAIVING THE RIGHT TO A JURY TRIAL OR TRIAL BEFORE A JUDGE INA
PUBLIC COURT. As the sole exception to this Arbitration Agreement, you and the Bank retain the
right to pursue in small claims court any Dispute that is within that court's jurisdiction. If either you
or the Bank fails to submit to binding arbitration following lawful demand, the party so failing bears
all costs and expenses incurred by the other in compelling arbitration.

b Arbitration Procedure; Severability. Either you or the Bank may submit a Dispute to binding
arbitration at any time notwithstanding that a lawsuit or other proceeding has been previously
commenced. NEITHER YOU NOR THE BANK SHALL BE ENTITLED TO JOIN OR CONSOLIDATE
DISPUTES BY OR AGAINST OTHERS IN ANY ARBITRATION, OR TO INCLUDE IN ANY
ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS, OR TO
ACT IN ANY ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC OR IN A PRIVATE
ATTORNEY GENERAL CAPACITY. Each arbitration, including the selection of the arbitrator(s), shall
be administered by the American Arbitration Association (AAA), or such other administrator as you
and the Bank may mutually agree to (the AAA or such other mutually agreeable administrator to be
referred to hereinafter as the “Arbitration Administrator"), according to the Commercial Arbitration
Rules and the Supplemental Procedures for Consumer Related Disputes ("AAA Rules”). To the extent
that there is any variance between the AAA Rules and this Arbitration Agreement, this Arbitration
Agreement shall control. Arbitrator(s) must be members of the state bar where the arbitration is held,
with expertise in the substantive laws applicable to the subject matter of the Dispute. No arbitrator

Page 9 of 13or other party to an arbitration proceeding may disclose the existence, content, or results thereof,
except for disclosures of information by a party required in the ordinary course of its business or
by applicable law or regulation. You and the Bank (the "Parties") agree that in this relationship: (1)
The Parties are participating in transactions involving interstate commerce; and (2) This Arbitration
Agreement and any resulting arbitration are governed by the provisions of the Federal Arbitration
Act (Title 9 of the United States Code), and, to the extent any provision of that Act is inapplicable,
unenforceable or invalid, the laws of the state of South Dakota. If any of the provisions of this
Arbitration Agreement dealing with class action, class arbitration, private attorney general action,
other representative action, joinder, or consolidation is found to be illegal or unenforceable, that
invalid provision shall not be severable and this entire Arbitration Agreement shall be unenforceable.

c Rights Preserved. This Arbitration Agreement does not prohibit the Parties from exercising any
lawful rights or using other available remedies to preserve, foreclose, or obtain possession of
real or personal property; exercise self-help remedies, including setoff and repossession rights; or
obtain provisional or ancillary remedies such as injunctive relief, attachment, garnishment, or the
appointment of a receiver by a court of competent jurisdiction. Any statute of limitations applicable
to any Dispute applies to any arbitration between the Parties. The provisions of this Arbitration
Agreement shall survive termination, amendment, or expiration of the Card or any other relationship
between you and the Bank.

d Fees and Expenses of Arbitration. Arbitration fees shall be determined by the rules or procedures
of the Arbitration Administrator, unless limited by applicable law. Please check with the Arbitration
Administrator to determine the fees applicable to any arbitration you may file. If the applicable law
of the state in which you opened your Account limits the amount of fees and expenses to be paid by
you, then no allocation of fees and expenses to you shall exceed this limitation. Unless inconsistent
with applicable law, each of us shall bear the expense of our own attorney, expert and witness fees,
regardless of which of us prevails in the arbitration.

Your Billing Rights. EE SE ee
Keep This Notice For Future Use. This notice tells you about your rights and our responsibilities under
the Fair Credit Billing Act.

(32) What To Do [f You Find a Mistake on Your Statement

If you think there is an error on your statement, write to us at:

Wells Fargo Card Services
P.O, Box 522
Des Moines, IA 50306-0522

In your letter, give us the following information:

e Your name and Account number;

° The date and dollar amount of the suspected error.

e If you think there is an error on your bill, describe what you believe is wrong and why you believe it
is a mistake.

You must contact us:
e Within 60 days after the error appeared on your statement.

» At least 3 business days before an automated payment is scheduled, if you want to stop payment on
the amount you think is wrong.

You must notify us of any potential errors in writing at the address above. You may notify us using other
means (including calling us at the number listed on the front of the statement), but doing so will not preserve
your rights.

What Will Happen After We Receive Your Letter
When we receive your letter, we must do two things:

1. Within 30 days of receiving your letter, we must tell you that we received your letter. We will also tell
you if we have already corrected the error

Page 10 of 13

|
|2. Within 90 days of receiving your letter, we must either correct the error or explain to you why we believe
the bill is correct.

While we investigate whether or not there has been an error:

e We cannot try to collect the amount in question, or report you as delinquent on that amount.

e The charge in question may remain on your statement, and we may continue to charge you interest on
that amount.

« While you do not have to pay