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  • Bank Of America, N.A. v. David J KantorOther Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • Bank Of America, N.A. v. David J KantorOther Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • Bank Of America, N.A. v. David J KantorOther Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • Bank Of America, N.A. v. David J KantorOther Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • Bank Of America, N.A. v. David J KantorOther Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • Bank Of America, N.A. v. David J KantorOther Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • Bank Of America, N.A. v. David J KantorOther Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • Bank Of America, N.A. v. David J KantorOther Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
						
                                

Preview

FILED: LEWIS COUNTY CLERK 12/13/2022 11:25 AM INDEX NO. EFCA2022-000301 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/13/2022 customer sewice infonnatiom BAN K O F A M E R IC A www.bankofamerica.com 1.800.421.2110 Mail inquiries billing to: P.o.BOX15284 Bank of America DE19850 WILMINGTON, P.O.Box 672050 Dallas TX75267-2050 Mall payment to: Bank of America P.O.Box 15019 WilmingtonDE 19886-5019 DAVID J KANTOR 5044 BRENON RD TURIN NY 13473-2208 Account# . 4181 March 14 - April 13, 2022 Account Summary Payment Information Previous Balance $23,659.43 New Balance Total $23,965.76 Payments and OtherCredits $0.00 Current Payment Due $542.00 Purchases and Adjustments $0.00 Past Due Amount $3,756.00 Fees Gamed $0.00 TotalMfnirnum Payment Due $4,29&00 InterestCharged $30633 Payment Due Date 05 0/2022 Late Payment Warning: If wedo not receiveyour TotalMinfmum New Balance Total $23,965.76 Payrnentby the date IIsted above, you may have to pay a late fee ofup to TotalCredit Line $22,800.00 $39.00 and yourAPRs may be increasedup tothe PenaltyAPR of 29.99% TotalCredit Available $0.00 Total Minimum Payment Waming: If youmake onlythe TotalMinimurn Cash CreditLine $6,900.00 Payment each period,you willpay more in interest and take It will you Portionof CreditAvailable longerto pay offyour balance.For example: forCash $0.00 If youmake no additional You willpayoff the And you willend up Statement ClosingDate 04h3/2022 charges using thiscard balance shown on this payingan estimated Days In Billing Cycle 31 and each month you pay statement in about totalof Only theTotal 30 years $48,251.00 Minimum Payment Ifyou would likeinformation about creditcounseling services, call 866.300.5238. 13 . BANK OF AMERICA Account Number: 4181 P.O. BOX 15019 WILMINGTON DE 19886-5019 New Balance Total $23,965.76 Total MinimumPayment Due $4,298.00 Payment Due Date 05/10/2022 DAVID J KANTOR Enter paymentamount $ 5044 BRENON RD TURIN NY 13473-2208 fbrchargeofatMesyptNne seetaverse s& nunter, Makeyourpaynent m/Da at www.bankctamerica.canor Mall this couponalong with your check payableto: Bank of America 1 of 6 FILED: LEWIS COUNTY CLERK 12/13/2022 11:25 AM INDEX NO. EFCA2022-000301 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/13/2022 DAVIDJ KANTOR | Account # 4181 March 14 - April 13, 2022 004- 000-o00 - G IMPORTANT INFORMATION ABOUT THIS ACCOUNT PAYING INTEREST - We wili not charge interest on Purchases on the next CALCULATION OF BALANCES SUBJECT TO INTEREST RATE statement Average Daily Balance Method (including new Purchases):We calculate If you pay the New Balance Total in full by the Payment Due Date, Rate for Purchasesand for each separate Balances Subject to an Interest and you had paid In full by the previous Payment Due Date. We will begin Introductory or Promotional Offer balance consisting of Purchases.We do this charging interest on Balance Transfers and CashAdvances on the transaction date. by: (1) calculating a daily balance for each day In the billing cycle; (2) adding all TOTAL INTEREST CHARGE COMPUTATION - Interest Charges accrue and the dally balances together; and (3) dividing the sum of the daily balances by the number of days in the billing cycle. are compounded on a daily basis. To determine the Interest Charges, we To calculate the daily balance for each day In this statement's multiply each Balance Subject to Interest Rate by its applicable Daily Periodic billing cycle, we: (1) take the beginning balance; (2) add an amount equal to the applicabie Daily by the number of days In the billing cycle. To Rate and that result is multiplied by the previous day's daily balance; {3) add new Periodic Rate multiplied determine the total Interest Charge for the biliIng cycie, we add the Periodic Purchases,new Account Fees, and new Transaction Fees; and (4) subtract Rate Interest Charges together. A Daily Periodic Rate is calculated by dividing an Annual Percentage Rate by 365. applicable payments and credits. If any daily balance is less than zero we treat HOW WE ALLOCATE YOUR PAYMENTS - Payments are allocated to It as zero. different APRs,we will posted balances. If your account has balances with Average Balance Method (including new Balance Transfers and new Cash Advances): We calculate separate Balances Subject to an Interest Rate for allocate the amount of your payment equal to the Total Minimum Payment Due this Balance Transfers, Cash Advances, and for each Introductory or Promotional to the lowest APRbalances first (including transactions made after Offer balance consisting of Balance Transfers or CashAdvances. We do this by: statement). Payment amounts in excess of your Totaf Minimum Payment Due will be applied to balances with higher APRsbefore balances with lower APRs. (1) calculating a daily balance for each day in this statement's biliIng cycle; (2) IMPORTANT INFORMATION ABOUT PAYMENTS BY PHONE - When calculating a daily balance for each day prior to this statement's billing cycle balance" - that had a "Pre-Cycle using the optional Pay-by-Phone service, you authorize us to initiate an a Pre-Cycle balance is a Balance Transfer or a CashAdvance with a transaction date prior to this statement's you designate. electronic payment from your account at the financiaiinstitution billing cycle but this statement's with a posting date within You must authorize the amount and timing of each payment. For your billing cycle; (3) adding all the daily balances together; and (4) dividing the sum of the daily balances by the number protection, we will ask for security information. To cancel, call us before the bilNng cycle. of days In this statement's scheduled payment date. Same-day payments cannot be edited or canceled. YOUR CREDIT LINES - The Total Credit LIne is the amount of credit billing cycle, we: To calculate the daily balance for each day in this statements (1) take the beginning balance; {2) add an amount equal to the applicable Daily available for the account; however, only a portion of that Is available for Bank by the previous day's daily balance: (3) add new Periodic Rate multiplied CashAdvances. The Cash Credit LIne is that amount you have available for BalanceTransfers, new CashAdvances and Transaction Fees: and (4) subtract Bank Cash Advances. Generally, Bank CashAdvances consist of ATM Cash applicab!e payments and credits. If any daily balance Is less than zero we treat Advances, Over the Counter (OTC) Cash Advances, 5ame-Day Online Cash Overdraft Advances, Cash Protection Cash Advances, and Equivalents, It as zero. applicable transaction fees. billing cycle To calculate a daily balance for each day prior to this statement's MISCELLANEOUS that had a Pre-Cycle balance: (1) we take the beginning balance attributable - Promotional Rate End Date: This date is based on a solely to Pre-Cycle balance (which will be zero on the transaction date of the closing date. If you change your payment due date, this date future statement could change. The New Balance Total which appears on this statement is not a Pre-Cycie balance); (2) add an amount equal to the applicable Daily first by the previous day's daily balance; (3) and add only Periodic Rate multiplied payoff amount and may be subject to additional interest charges when you pay the applicable Pre-Cycle balances and their related Transaction Fees.We closing date. Please contact the customer service in fuil after your statement number located on the front of this statement amount. Virtual for a pay-off exclude from this calculation all transactions posted In previous billing cycles. a cards are the digital form of your eligibie physical credit cards stored within digital wallet. For the complete terms and conditions of your account, consult your Credit O 2022 BankofAmericaCorporation CardAgreement. This account is Issued and administered by Bank of America. Bankof America Is a registered trademark of Bank of America Corporation. PAYMENTS -We credit malledpaymentsasof the date received,if the paymentis:(1) receivedby 5 p.m.localtime at the addressshownon the remittanceportionof your monthlystatement;(2) paidwith a checkdrawnIn U.S.dollarson a U.S.financialInstitutionor a U.S.dollarmoneyorder;and 0) sentin the return envelopewith onlythe remittance portionof your statementaccompanyingit. Paymentsreceivedby mail after 5 p.m.localtime at the remittanceaddresson any dayinduding the PaymentDueDate,but that othernse maet the aboverequirements,w11becreditedas of the nextday.Paymentsmadeonlineor by phonewill be creditedasof the date of receiptif madeby 5 p.m.central Creditfor any other paymentsmay te delayedup to five days. Cashpaymentsmadewith our tellerswill only beacceptedwith avalid identification(ID). No paymentshalloperateasanaccordandsatisfactionwithout the priorwritten approvalof oneof our SeniorOfficers. Weprocessmostpaymentcheckselectronicallyby usingthe informationfoundon your check.Eachcheckauthorimsusto createa one-timeelectronicfundstransfer(orprocessIt asa checkor paperdraft).Fundsmay bewithdrawnfrom youraccountassoonasthe samedaywe receiveyour payment.checksarenotreturned to you. If you haveauthorizedusto payyourcreditcardbill automaticallyfrom your savingsor checkingaccountwith us,youcan stop the paymenton any amountyou thinkis wrong.To stop payment,your letter must reachusat leastthreebusinessdaysbeforetheautomaticpaymentisscheduledtooccur. Change of Address/Phone number: Onlineat www.bankofamerica.com Please do notadd any writtencommunication space. In this 2 of 6 AB FILED: LEWIS COUNTY CLERK 12/13/2022 11:25 AM INDEX NO. EFCA2022-000301 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/13/2022 DAVFDJ KANTOR I Account # 4181 I March 14 - April 13. 2022 .. . Transactions TransactionPosting Reference Account Date Date Description Nurnber Number Amount Total interestCharged 04/13 04/13 INTERESTCHARGEDON PURCHASES 30&33 04/13 04/l3 INTERESTCHARGEDON BALANCETRAN5FERS 0.00 04/13 04/13 INTERESTCHARGEDON DIRDEP&CHKCASHADV 0.00 04/13 04/13 INTERESTCHARGEDON BANK CASHADVANCES 0.00 TOTAL INTEREST CHARGED FOR THIS PERIOD $306.33 Totalfees charged in 2022 $117.OO TotalInterestcharged In 2022 $1,756.92 Interest Charge Calculation Your AnnualPercentageRate (APR) is the annual interest rate on your account Type of Annual Promotional Promotional Promotional Balance Interest Balance Percentage Transaction OfferID Rate End Subjectto Charges by Rate Type Date Interest Transaction Rate Type Purchases 15.15%V $ 23,æ7.34 $ 30633 Balance Transfers 15.15%V $ 0.00 $ O.00 DirectDepositand Check Cash 15.15%V $ 0.00 $ 0.00 Advances Bank Cash Advances 15.15%V $ 0.00 $ 0.00 APR Type Definitions Rate Type: V- Variable Rate (rate may vary) Daily Interest Important Messages You'rea valued customer and we want you toknow thatwe haven'treceivedyour currentpayment due. Pleasesend your payment due today.If youNre already malled It, thank you. Your statement balance exceeds theTotal CreditLine.To ensure uninterrupted use of youraccount,please make a payrnentto bringyour balance underthe TotalCreditLine.There Is no feeforbeing overyour TotalCreditL|ne. When thisstatement was created,the account'sCreditLine was In a restricted status and not available foruse. Please read about important amendment(s) to your CreditCard Agreernent and/or notices foryour account on the enclosed Important information page. Page3 of 6 3 of 6 FILED: LEWIS COUNTY CLERK 12/13/2022 11:25 AM INDEX NO. EFCA2022-000301 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/13/2022 DAVIDJ KANTOR I Account # 4181 | March 14 - April 13, 2022 ....... Go paperless today! " Reduce the risk of lost, delayed or stolen mall " View your statements and easily-onlineor fromour mobileapp- securely 24R from anywhere' virtually Simply use our MobileBanking app or signin toonline Banking at bankofamerica.com. forselectmobiledevices.Messageand 'MobileBankingrequiresthatyoudownbadtheMobileBankingappandis onlyavailable dataratesmayapply. . 3000544 ssM0621-o060.8 Page4 of6 4 of 6 FILED: LEWIS COUNTY CLERK 12/13/2022 11:25 AM INDEX NO. EFCA2022-000301 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/13/2022 DAVIDJ KANTOR I Account # 4181 | March 14 - April 13, 2022 important information Please read the information below to stay informed about chahges or.other important . details that may impact you. Enclosed foryour review isthe annual Privacy Notice insert,which is alsoavailable in Mobile and Online Banking. We are changing some terms of your Credit Card Agreement. The amendment to your Credit Card Agreement isoutlined below, Allother terms of your current CreditCard Agreement still apply. Ifthere isa conflict,the terms in thisamendment are ineffect.Please keep thisdocurnent foryour records. We are making thisamendment because of a change inour business practices. What you need to know In the section titled Telephone Cans: CaHing, Monitoring and Recording, in the Communication Revocation paragraph, we've updated the mailing address that is used to revoke your consent to receive automatically dialed communications. Below is the updated section. Bank of America PO Box 653064 Dallas,TX 75265-3064 In the section titled Types of Transactions, we've added language clarifying access checks for payment by us before the expiration date. Below is the updated section. TYPES OF TRANSACTIONS You may obtain credit in theform ofPurchases, Balance Transfers, and Cash Advances, by using cards,access checks, an account number, or other creditdevices. Balance Transfers and certain Cash Advances, such as Direct Deposits, are made availableto you at our discretion.Cards are allthe credit cards we issue to you and to any other person with authorization foruse on this account pursuant to this Agreement. Sign your card before using it. A Personal identificationNumber (PIN) isassociated with your creditcard as of the opening of your account. You rnay be required to use a PIN to make an ATM Cash Advance or tocomplete Purchases at certainmerchant terminals, generallyoverseas. You can obtain your PIN by going to our online banking site orour mobile application,or contacting us. An access check isa check we provide toyou to obtain crediton this account.All access checks include an expirationdate printed at the top.We willhonor access checks received forpayrnent by us before the expiration date printed on the check, provided your account is open and ingood standing,with availablecredit.Access checks without a printed expirationdate willnot be honored. In the section titled MisceItaneous, we have removed references to the Overdraft protection transfer fee of $12.00 which are no longer applicable. OVERDRAFT PROTECTION If youreligibledeposit account with Bank ofAmerica islinked to thisaccount, this overdraft protection feature (which may also be referred to as Balance Connect") willallow funds tobe transferred (overdraft protection transfers) from this account intoyour designated deposit account with Bank ofAmerica when transactions occur on your deposit account, such as checks or other debits,that ifpaid would cause the deposit account to be overdrawn (overdraft transactions).Overdraft protection transfersinclude automatic transfers to cover deposit account fees.Overdraft protection transfers are processed afterclose of business Monday through Fridayand are treated as Overdraft Protection Cash Advances. Page5 d6 5 of 6 FILED: LEWIS COUNTY CLERK 12/13/2022 11:25 AM INDEX NO. EFCA2022-000301 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/13/2022 DAVIDJ KANTOR I Account # 4181 | March 14 - April 13, 2022 ..... Each day's overdraft transactions to be funded by this account willbe totaled up to your available Cash Credit Line, regardless of who initiatedthe overdraft transactions. For example, ifyour deposit account has a balance of $5.00 and a check or other debit item for$125.001s presented forpayment, which if paidwould cause your deposit account to be overdrawn then an overdraft protection transfer of $120.00 willbe made to your deposit account and an Overdraft Protection Cash Advance of $120.00 willpost to thisaccount. The Portion of CreditAvailable for Cash on thisaccount inust be sufficientto cover the amount of overdraft transactions to be funded by thisaccount (receivedby Bank of America that day);otherwise one or more of the overdraft transactions forthat day will be rejected.Payments or credits to thisaccount may not impact your Portion of Credit Availablefor Cash as shown on your periodicstatement untilafterthe posting date of the payments or credits. Overdraft protection transfers incurinterest charges from the transaction date.We inaypermit orrefuse to permit any overdraft protection transferthat would cause you toexceed the Cash CreditLine of thisaccount. This overdraft protection feature willautomatically be cancelled ifthis account is closed by eitheryou orus, orat any time upon your request,and may also be cancelled according tothe terms of your deposit account. Your overdraft transactions remain subject tothe terms of your deposit account with Bank of America, any related enrollment agreement and thisAgreement. MINIMUM INTEREST CHARGE When the interest on your balance Is below $1.50, you willbe charged the actual amount of Interest. Your Credit Card Agreement will have two sections removed to reflect this update, Below are the sections that are being removed. In thesection titledPricing information in yourCredit Card Agreement, the below Minimum InterestCharge row will be removed. Minimum Interest Charge - ifyou are charged then the charge willbe no less than $1.50. interest, In thesection titledInterest and Fees, the below Minimum interest Charge paragraph willbe removed. MINIMUM INTEREST CHARGE Ifthe totalof the interestcharges for allbalances is lessthan $1.50, then a Minimum InterestCharge of $1.50 will be assessed on the account. This fee isin lieuof any interestcharge. On October 1, 2022 some terms of your credit card benefits are changing. The change(s) to your creditcard benefits are outlined below. Allother terms of your current credit card benefits still apply. If thereisa conflict,the terms in thisamendment are ineffect.Please keep thisdocument foryour records. What's changing Purchase Security We willno longer offer the Purchase Securitybenefit on your credit card.You willbe able tocontinue to fileclaims after October 1, 2022 forpurchases that occurred prior tothat date, subject tothe terms and conditions of coverage. EQUAL CREDIT OPPORTUNITY ACT NOTICE The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against creditapplicants on the basis of race,color, religion,national origin,sex,maritalstatus, age (provided the applicanthas the capacity to enter into abinding contract);because allor partof the applicant's income derives from any public assistance program; or because the applicant has in good faith exercised any rightunder the Consumer CreditProtection Act. The federal agency thatadministers compliance with this law concerning Bank of America, N.A, 100 N. Tryon Street,Charlotte,NC 28255, is theBureau of Consumer Financial Protection, 1700 G Street NW, Washington, DC 20006. Page6 of 6 6 of 6