Preview
FILED: GENESEE COUNTY CLERK 01/30/2023 04:26 PM INDEX NO. E70296
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 01/30/2023
EXHIBIT A
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FILED: GENESEE COUNTY CLERK 01/30/2023 04:26 PM INDEX NO. E70296
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 01/30/2023
CM.TL29 K.LIN.0922
DISC"VER CARDMEMBER AGREEMENT
Discover'
Thank you for choosing card.ThisAgreement explainsthe current terms and conditionsof your Account. The enclosed Pricing Scheduleis part of this Agreement. Pleaseread
this Agreement,including thePricing Schedule,carefully.Keepthemfor your records.Contact usifyouhave anyquestions.Wehaveincludeda "Definitions"sectionfor your referenceon page3.
ACCEPTANCE OF AGREEMENT
You accept thisAgreement if you donot cancelyour Account within 30 daysafter receivingaCard.Youalsoaccept thisAgreement if you or anAuthorized
Userusethe Account.Youmay,however,rejectthe "Arbitrationof Disputes"sectionasexplainedinthat section.
CHANGESTOYOURAGREEMENT
The rates, fees and terms of this Agreement may change from time to time. We may add or delete any term to this Agreement. If required by law,
we will giveyou advancewritten notice of the change(s)andarighttoreject the change(s).Wewillnot charge anyfee orinterest chargeprohibited by law.
USING YOUR ACCOUNT
PermittedUses You may use your Account for Purchases, Balance Transfers and Cash Advances. You may not use it for illegal transactions.
AuthorizedUsers You may request additional Cards for Authorized Users to make transactions on your Account. You must notify us if you wish to cancel the
authority of an Authorized User to use your Account. You are responsible for all charges made by your Authorized Users.
JointAccounts IfyourAccount isajoint Account
-eachof youagreestobe liableindividuallyandjointly for the entireamountowedon the Account;and
· anynotice we mailto anaddressprovided by eitherof youfor the Account willserveasnoticeto both of you.
Checks If we provide you with Checks, we will tell you whether we will treat the Check as a Purchase, Balance Transfer or Cash Advance. You may not
use these Checks to pay any amount you owe us.
CreditAuthorizations We may not authorize a transaction for security or other reasons.We will not be liable to you if we decline to authorize a transaction or if anyone
refuses your Card, Check or Account number,
CreditLines We will tell you what your Account credit line is. You must keep your
increase or decrease your Account credit line or your Cash Advance
Accountbalance below your Account
creditline. If you do not, we
creditline without
notice. We may delay increasing your available
may request immediate payment of the amount by which you exceed
credit
by the amountof any payment that we receive for up to 10
it. We may establish a lower credit
line for Cash Advances. We may
business days.
FEES (See your PricingSchedule forAdditionalFees)
LateFee We will not charge a Late Fee the first
time you do not make theFee during,any of the prior six billing periods. Otherwise, the fee is $41.
Minimum Payment Due by the Payment Due Date.After that, if you do
This fee will never exceed the Minimum Payment Due that was due
not pay the Minimum Payment Due by the Payment Due Date, we will
immediately prior to the date on which the fee was assessed.
charge you a Late Fee. The fee is $30, if you were not charged a Late
Returned Payment Ifyou make a payment thatis not honored by your financial institution, we
Payment Fee during any of the prior six billing periods. Otherwise, the fee
pee will charge you a Returned Payment Feeeven if the payment is honored
is$41.Thisfee will never exceed the Minimum Payment Duethat was due
after we re-submit it. The fee is $30if you were not charged a Returned
immediately prior to the date on which the payment was retumed to us
ANNUAL PERCENTAGE RATES ("APRs") (See your Pricing
Schedule for the APRs that apply to your Account)
VariableAPRs Your Pricing Schedule may include variable APRs. These APRs are
on the first
day of the that
billing period the same
begins during
determinedby adding thenumber ofpercentagepoints that we calendar month that the Prime Rate changes. An increase in the APR
specif y to the
Prime Rate. Variable APRs will increase or decrease
will increase your interest charges and may increase your Minimum
when the PrimeRate changes.The APR change will take
effect Payment Due. Your APRwill never be less than zero.
PenaltyAPR None
MAKING PAYMENTS
Payment "Youmust pay in U.S.dollars.Pleasedo not send cash. "Wecredit your paymentsin accordancewith the terms containedon your
Instructions Sending cashis not
allowed.Allchecksmust be drawnon fundsondepositin the U.S.
billingstatement.
" Youmustpay usfor allamountsdue onyour Account.Thisincludescharges
· If you mailyour payment to anaddressother than the addressdesignated
made by AuthorizedUsers. on your billingstatement, there may be a delayin processingand crediting
· Wemayrefusetoaccept apaymentin aforeigncurrency.Ifwe do acceptit,
the paymentto yourAccount.
· If a third party makes a payment on your Account and we return allor a
we willcharge yourAccount our cost to convert it to U.S.dollars.
· We can accept late payments, partial payments or payments marked
part of such payment, then we may adjustyour Account for any amount
full"
"paymentin or with any other restrictiveendorsementwithout losing
returned. We reserve the right to defend ourselvesagainst any demand
of
any ourrightsunderthisAgreement. to return funds we havereceived,and may agreeto a compromise of the
demandedamountaspartof asettlement.
Minimum Payment Due Youmaypay the entire New Balanceshownon your billingstatement at any
feesfor anydebt protectionproduct that youenrolledinonor after2N2015;
time. Each billing period you must pay at leastthe MinimumPaymentDue
InterestCharges;andLateFees.
by the Payment Due Dateshown on your billing statement. The Minimum
TheMinimumPaymentDuemay alsoincludeamountsby which you exceed
PaymentDuewillbe anyamountpastdue plusthe greaterof: your Account credit line. However,it will never exceed the New Balance.
-$35;or Whenwe calculatethe MinimumPaymentDue,we may subtract from the
· 2%ofthe New Balanceshownon your billingstatement;or New Balancecertain fees added to your Account during the billing period.
· $20,plus any of the TheMinimumPaymentDueisroundedupto thenearest dollar.
following chargesasshown on your billingstatement
©2022 Discover Bank, MemberFDIC -1-
FILED: GENESEE COUNTY CLERK 01/30/2023 04:26 PM INDEX NO. E70296
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 01/30/2023
MAKING PAYMENTS
How We Apply Payments Eachbilling period, we will generally apply amounts you pay that exceed
We apply payments and credits at our discretion, including in a manner
the MinimumPayment Dueto balanceswith higher APRsbefore balances
most favorable or convenient for us.in all cases,we will apply payments
and credits asrequired by applicable law. with lower APRsasof the date we credit your payment.
INTEREST CHARGES
How We Calculate We calculateinterest charges each billing period by first figuring the "daily
HowWeFigureYourTotalInterestCharges
Charges- balance"
Interest for each TransactionCategory. TransactionCategories include
· WemultiplythedailybalanceforeachTransactionCategorybyitsdailyperiodic
Daily Balance Method standard Purchases,standard Cash Advances and different promotional
rate.Wedothisforeachdayinthebillingperiod.Thisgivesustheinterestcharges
current
(including balances,suchasBalanceTransfers· for each TransactionCategory.To get a daily periodic rate, we divide the
transactions) HowWeFigurethe DailyBalancefor EachTransactionCategory APRthat appliesto the TransactionCategoryby 365.
· Weadd upallthe dailyinterestcharges.Thesumisthe totalinterest charge
· We start with the beginning balancefor each day.The beginning balance
for the billingperiod.
for the first day of the billing period isyour balanceon the last day of your
previousbillingperiod. · Dueto roundingor a minimuminterest charge,the interestcalculationmay
vary from theinterest chargeactuallyassessed.
· We add any interest chargesaccrued on the previousday'sdaily balance
and any new transactionsand fees.We add any new transactionsor fees
HowWeIncludeFees
asof the later of the TransactionDateor the first day of the billingperiod in
WeaddBalanceTransferFeestothe applicableBalanceTransferTransaction
which the transactionor fee posted to yourAccount. Category. We add Cash Advance Fees to the applicable Cash Advance
· Wesubtract any new creditsand payments. TransactionCategory. We add all other fees to the standard Purchase
· We makeother adjustments(including those adjustmentsrequiredin the
TransactionCategory.
Interest"
"Paying section).
Paying Interest WhenInterest ChargesBegin interest charges on New Purchases.New Purchasesare Purchasesthat
first appear on the next billing statement.Interest will continue to accrue
We begin to impose interest charges on a transaction, fee or interest
each day on Purchasesthat appeared on previous billing statements until
charge from the day we add it to the daily balance. We continue to
you pay the New Balancein full and will be billed in the next billing cycle.
impose interest charges until you pay the total amount you owe us. You
canavoid paying interest on Purchasesasdescribed below. However,you
HowWe Apply PaymentsMayImpactYourGracePeriod
cannot avoid paying interest on BalanceTransfersor CashAdvances.
If you do not pay your New Balancein full each month, then, depending
Howto Avoid PayingIntereston Purchases("GracePeriod") on the balanceto which we apply your payment, you may not get agrace
period on new Purchases.
If you pay the New Balance on your current billing statement by the
Payment Due Date shown on that billing statement, we will not impose
OTHER IMPORTANT INFORMATION
Youare in default if: · you failto comply with the terms of this Agreement or any Agreement
Default
· you file bankruptcy or another insolvency proceeding is filed by you or
with us or an Affiliate, including failing to make a required payment
against you; when due, exceeding your Account credit lineor using your Cardor
· we havea reasonablebelief that you are unableor unwilling to repay
Account for an illegaltransaction.
your obligations to us; If you are in default, we may declare the entire balanceof your Account
. you die or are legally declared incompetent or incapacitated;
immediately due and payablewithout notice.
attorneys'
CollectionCosts If we use an attorney to collect your Account, we may charge you our legal costs as permitted
by law. These include reasonable
fees, court or other collection costs, and fees and costs of any appeal.
Merchant Disputes Ifyouhaveadispute with a merchant,you may requestacredit to your Account.Ifwe resolvethe disputeinyour favor,we will issueacredit to your Account.
Youassignto usyourclaimfor the credited amountagainstthe merchantand/or anythird party.Atour request,youagreetoprovide thisassignmentinwriting.
Automatic Account You may set up automatic billing or store your Account information with
changes, which may include your billing address, you authorize us to
InformationUpdates an Affiliate, merchant, wallet provider, or other third party ("Permitted
provide this updated information to any such Permitted
Party at our
Party"). If you do, you authorize us to share your Account information,
discretion. You must contact the Permitted Party directly or remove
which may include your rewards account balance, with the Permitted
your credit card information from the Permitted Party website if you
wish to stop automatic billing or Account updates.
Party, regarding the use of your Account. If your Account information
Our Privacy .
We send you our Privacy Policy when you open your Account. how we safeguard its confidentiality
and security;
Policy
· when it may be shared with others; and
Contact us or visit Discover.com if you would like a copy. Pleaseread
it carefully. It summarizes: · how you can limit our sharing of this information.
· the personal information we collect;
CreditReporting Youauthorize us to get information from credit reporting agencies and
normally report to credit reporting agencies each month. If you believe
Information that information we reported is inaccurate or incomplete, please write
other sources for servicing or review of your Account, collection and
Agency
any other use permitted us at Discover, P.O.Box 30939, Salt Lake City, UT 84130-0939. Please
by law, including to consider you for other
products and services. We may report the status and payment history
includeyourname, address, homephone number and Account
of your Account to credit reporting agencies and other creditors. We
number.
Our Communications You agree that we, our Affiliates, and agents, including service providers
you provide.Youagreethat the AuthorizedPartiesmay contact you usingan
withYou ("Authorized Parties") may contact you, including calls, text message or
automaticdialeror pre-recorded voice message.Ifyou no longer wishto be
email,about any currentor future accountsor applications,withrespect to all
contacted on yourcell phone by anautomateddialeror pre-recorded voice
productsyouhavewithusat anyphonenumberor email(i)youhaveprovided
message,you must provideuswritten notice cancellingyour consentatthis
to us,(ii)from which you contacted us,or (iii)which we obtainedandbelieve
address:DiscoverBank,P.O.Box 30937,SaltLakeCky, UT84130-0937.The
we can reachyou at, evenif your phone provider may chargeyou message
writtennotice mustinclude:yourname,mailingaddress,thelast four digitsof
and data ratesfor callsor texts. Youagree that the AuthorizedPartiesmay
your Account number andthe specificcell phone number(s)for which you
record or monitor any callsbetween you and the AuthorizedParties.You
would liketo cancelyour consentto be contacted by anautomateddialeror
agree to notify us if you change or discontinue using any phone number
pre-recorded voice message.
UnauthorizedUse You must notif y us immediately if: · you believe someone is using your Account or a Card without
your
· your Card is lost or stolen; or permission.
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FILED: GENESEE COUNTY CLERK 01/30/2023 04:26 PM INDEX NO. E70296
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 01/30/2023
Cancellationof . . We may cancel, suspend or not renew your Account at any time
You may cancel your Account. You will remain responsible for any
Your Account amount you owe us under this Agreement. without notice.
. Any joint Accountholder
may cancel ajoint Account. However,
both of you will remain responsible for paying all amounts owed.
OTHER IMPORTANT INFORMATION
Purchasesand Cash IfyoumakeaPurchaseor CashAdvanceinaforeigncurrency,wewillconvert
depending onthe countryandcurrencyinwhichthe transactionismade.We
Advances inForeign ittoU.S.dollarsusingarate we choose.Thisratewilleither be a government-
usetheratein effect onthe conversiondatefor the transaction.Thisratemay
Currencies be differentthanthe rateineffect onthe TransactionDateforthe transaction.
mandatedrate,agovernment-publishedrateortheinterbankexchangerate,
GoverningLaw ThisAgreement isgoverned by applicablefederallawand by Delawarelaw.However,inthe eventyou defaultandwe file alawsuitto recoverfundsloanedto
statute."
you,the statute of limitationsof the statewhere the lawsuitisfiledwill apply,without regardto thatstate'sconflicts of lawsprinciplesorits "borrowing
"Arbitration"
Severability Except as set forth in the section, if any part of this Agreement is found to be invalid, the rest of it will still remain in effect.
EnforcingthisAgreement Wemay delay enforcing or not enforce any of our rights under this Agreement without losing or waiving any of them.
Assignmentof Account Wemaysell, assign or transf er your Account or any portion of it without notic.e to you. You may not sell, assign or transfer your Account without
first obtaining our prior written
consent.
MILITARY BORROWERS
StatementofMAPR Federal law provides important protections to members of the Armed
(3) any application fee charged(other
than certain application fees for
Forcesand their dependentsrelatingtoextensionsofconsumercredit.
specified credit transactions or accounts); and (4) any participation fee
Ingeneral,thecostofconsumercredittoamemberofthe
Armed Forces charged (otherthan certain participation fees for a credit card account).
andhisorber
dependent may not exceed anAnnualPercentage Rateof
If youwouldlike
more information about whether thissectionapplies
36percent. Thisratemustinclude,
asapplicableto the credit transaction
to you, please contact us at 1-844-DFS-4Mll (1-844-337-4645)anytime
or account: (1)the costs associated with credit insurance premiums; (2)
24/7.If calling outsidetheU.S.youcancontactusat+1-801-451-3730.
fees for ancillary products sold in connection with the credit transaction;
OralDisclosures Beforeagreeingtothis
Agreement, in order to hear importantdisclosuresand
payment information about this Agreement, please call
1-844-DFS-4MIL (1-844-337-4645) anytime 24/7. If calling outsidetheU.S.youcancontactusat+1-801-451-3730.
CONTACT US
at 1-800-347-3085 or . in writing to Discover,P.O.Box 30943, Salt Lake City, UT84130-0943.When writing, please include
Unlesswe tell you otherwise,youcannotifyus:.byphone
your name, address,home
phone number and Account number. You must contactuswithin15daysafterchangingyouremailaddress,mailingaddressor
phonenumber.
DEFINITIONS
"Account"
meansyour Discovercard account. "Check"meansanycheckwesend to you to accessyourAccount.
"Affiliate" Schedule" Schedule"
meansour parent corporations,subsidiariesandaffiliates. "Pricing meansthe document entitled "Pricingwhich liststhe APRsthat
User" toyourAccountandother
important
information.
"Authorized means anypersonyouauthorizeto useyour Account or a Card,whether you
apply
Rate"
notify usor not. "Prime meansthehighestrateofinterestlistedasthe
U.S.Primeratein the MoneyRates
Transfer" sectionof the onlinewallStreetJoumal(www.ws).com)on thelastbusinessdayofthemonth.
"Balance means abalancetransferredfromanothercreditor to yourAccount.
"Purchase"
"Card"meansanyoneormoreDiscovercardsissuedtoyouorsomeoneelsewithyour meanstheuse of your Accounttopurchase or leasegoodsor servicesat
authorization. participatingmerchants.
Advance" "We,""us" "our"
"Cash means theuseof your Account for: and referto DiscoverBank,theissuerofyourCard.
"You,""your"
. obtaining cashfromparticipatingautomatedtellermachines,financialinstitutionsorother
or "yours"referto you andanyother person(s)who arealsocontractuallyliable
locations;and underthis Agreement.
"TransactionDate"meansthedateshown onyour billingstatementfor atransactionor fee.
. onlinegambling,or to purchaselottery tickets, money orders,casinochips,foreign currency
or similaritems.
ARBITRATION
Agreement to Arbitrate. In the event of a dispute between by the MilitaryLending Act, please
whetheryouarecovered YourandOurRightToGoToSmallClaimsCourt. Youandwe will
you and us arising out of or relating to this Account or the
contact us at 1-844-DFS-4MIL
(1-844-337-4645)or if you are
not chooseto arbitrateany individualClaimyou or we bring in
relationshipsresulting from this Account or any otherdispute
callingfrom outsidethe USat+1-801-451-3730. smaliclaimscourt (or an equivalentcourt).Thismeansyou or
between youor us,including,for example,a disputebasedon we maybring anactionin smallclaimscourt (or an equivalent
afederalor statestatute or localordinance("Clairn"),eitheryou
CLASSACTIONWAlVER. ARBITRATION MUSTBE ON AN court) without being subjectto arbitration.However,if aClaim
or we may chooseto resolvethe Claimby bindin
arbitration,
INDIVIDUAL
BASIS.THISMEANSNEITHER
YOUNORWEMAY istransferred,removed,or appealedfrom smallclaimscourt to
asdescribedbelow,insteadof incourt. AnyClaim exceptfor a
JOIN OR CONSOLIDATECLAIMSIN ARBITRATIONBY OR a different court, or if any Claimbrought in smallclaimscourt
Claimchallengingthe validityorenforceabdit oft
isarbitraton
AGAlNSTOTHERCARDMEMBERS, ORLITIGATE
INCOURTOR exceeds the small claims court limit, you or we may then
the
Class
agreernent,including ActionWalve yberesolved ARBITRATEANYCLAIMSASA REPRESENTATIVE
ORMEMBER chooseto arbitrate.
by binding arbitraton if either party requests . THISMEANSIF
OFA CLASSORINA PRIVATE
ATTORNEYGENERALCAPACITY.
EITHERYOUORWE CHOOSEARBITRATION, NEITHERPARTY GoverninLaw and Rules.This arbitration a
reement is
WILLHAVETHERIGHTTOLITIGATESUCHCLAIMIN COURT ·· bY the FederalArbitrationAct
ORTO HAVEA JURYTRIAL ALSODISCOVERY ANDAPPEAL 9overne
The arbitrator may award injunctive relief only in favor of "FA Arbitration
.
the individual pa must proceed only with the AmericanAr itrati
Association
RIGHTS INARBITRATION
ARELIMITED seeking relief and only to the extent
"A
A"
The ruleforthe rbitratonIb ose in th s
ess y to
Evenif allpartieshaveopted to litigateaClaimin court
ou or i reliefwarran
db hat part
s ndivbual
we may elect arbitrationwith respect to any Claimma e by a the rulesin this arbitrationagreementwill be followed if there
new party or anynew Claimslaterassertedi
that lawsuit. If a court decidesthat
public injunctiverelief licablelaw
precludesenforcement of any of this is disa reement between the agreement and the AAA's
ara raphs limitations
proce ures. If the AAA'sprocedureschange after the Claim
asto aparticularClaimfor relief,then afteralla pealsfrom that
Thisarbitrationa reement doesnot apply if, on the date you is filed, the procedures in effect when the Clarmwas filed
decisionhavebeen exhausted,that Claim an onlythat Claim)
submit your App ication or on the date we seekto invokethis
must be severedfrom the arbitrationan
ma be brought inwillapply.
arbitrationagreement,you areamemberof the Armed Forces
court. Only a court, and not anarbitrator,shal determinethe
or a dependent of such a member covered by the federal andeffect
validity,scope, of Class
the ActionWaiver.
MilitaryLendingAct. If you wouldlike moreinformationabout
-3-
FILED: GENESEE COUNTY CLERK 01/30/2023 04:26 PM INDEX NO. E70296
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 01/30/2023
ARBITRATION
For a copy of the AAA'sprocedures,to file aClaimor for other their officers, directors and employees;any third party co-
was genuinelyin dispute,then eitheryouor we may chooseto
information, please contact the AAA at 1101LaurelOak Rd.,
appealto a new panelof three arbitrators.Theappellatepanel
defendant of a Claim subject to this arbitration agreement;
Voorhees,NJ08043,www.adr.org. is completely free to accept or rejectthe entireoriginalaward
and all joint Accountholdersand Authorized Usersof your
Account(s).
or any partof it.Theappealmustbefiledwith the AAAnot later
If the AAAis completely unavailable, than 30 daysafter the originalawardissues.Appealcosts will
andif you and we cannot
be allocatedconsistentwith the AAA'sConsumerArbitration
agree onasubstitute,then eitheryou orwe may requestthat a Survivalof this Agreement.
Thisarbitrationagreement shall
court withjurisdictionappointasubstitute. RulesandDueProcessProtocol. survive
· closingof your Account;
A arbitrationaward may be enforced (such as through a
Fees andCosts. If you wishto begin arbitrationagainstusbut . voluntarypaymentof yourAccountor anypartof it·
only' · anylegalproceedingsto collect moneyyou owe;
o t and can ob ainaaver of cos s f or g f om an aÊt
a loI Clam s a ap y
t · any ruptcyby you;an
at arbitration.Nofinding,award,orjudgment from anyother
will advancethose costsif
ou askusin writing andare acting · anysale,assignment,or transferby usof yourAccount.
arbitrationshalhmpactthe arbitrationof anyClaim.
in good faith.Any request ke this shouldbe sent to Discover,
P.O.Box 30421,Salt LakeCity, UT 84130-0421.
If you lose the
arbitration, the
arbitrator will decide whether
you must ClaimNoticeandSpecialPayment.If you havea Claim,before
YouHavethe Ri ht to RejectArbitrationfor this Account.You
reimburseusfor moneywe advancedfor oufor the arbitration.
initiating an arbitrationproceeding,
ou may give us written
mayrejectthe ar itrationagreementbutonl if we receivefrom
If you win the arbitration,we willnot ask or reimbursementof Notice"
notice of the Claim("Claim you awritten noticeof rejectionwithin 30
at least 30 days before aysof your receipt
money weadvanced.Additionally,ifyouwinthe arbitration,the of the Cardafter your Accountis opened.Youmust sendthe
initiating the arbitraton proceeding.The Claim Notice must
arbitrator ma decide that you are entitled to be reimbursed
includeyour name,address,andaccountnumber andexplain
noticeof rejectionto: Discover,P.O.Box30938,SaltLakeCity,UT
attorneys'
your reasona le fees and costs (if actually paid by 84130-0938.
in reasonabledetailthe natureofthe Claimand anysupporting
you . Thearbitratormayalsoallocatecompensation,expenses,
facts. Any ClaimNotice shallbe sent to us at Discover,P.O.
an administrativefees (whichinclude filing and hearingfees) r suchother addressaswe shall
Box794,Deerfield,IL60015 Yourrejectionnoticemustincludeyour name,address,phone
to any party uponthe arbitrator'sdeterminationthat the party's
subsequentlyprovidetoyo
.lf,andonlyif,(1)yousubmitaClaim
number,Accountnumberandpersonalsignature.Nooneelse
claim or counterclaimwasfiledfor purposesof harassmentor
Noticein accordancewith
isagreementon your own behalf
is patently frivolous. may sign the rejection notice for you. Yourrejection notice
nd noton behalfof anyother party);and(2)anarbitrator,after
must not be sent with any other corre
ondence. Rejection
inding in yourfavorin anyrespectonthe meritsof your Claim,
of arbitrationwill not affect your other ri
Preview
FILED: GENESEE COUNTY CLERK 01/30/2023 04:26 PM INDEX NO. E70296 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 01/30/2023 EXHIBIT A roca FILED: GENESEE COUNTY CLERK 01/30/2023 04:26 PM INDEX NO. E70296 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 01/30/2023 CM.TL29 K.LIN.0922 DISC"VER CARDMEMBER AGREEMENT Discover' Thank you for choosing card.ThisAgreement explainsthe current terms and conditionsof your Account. The enclosed Pricing Scheduleis part of this Agreement. Pleaseread this Agreement,including thePricing Schedule,carefully.Keepthemfor your records.Contact usifyouhave anyquestions.Wehaveincludeda "Definitions"sectionfor your referenceon page3. ACCEPTANCE OF AGREEMENT You accept thisAgreement if you donot cancelyour Account within 30 daysafter receivingaCard.Youalsoaccept thisAgreement if you or anAuthorized Userusethe Account.Youmay,however,rejectthe "Arbitrationof Disputes"sectionasexplainedinthat section. CHANGESTOYOURAGREEMENT The rates, fees and terms of this Agreement may change from time to time. We may add or delete any term to this Agreement. If required by law, we will giveyou advancewritten notice of the change(s)andarighttoreject the change(s).Wewillnot charge anyfee orinterest chargeprohibited by law. USING YOUR ACCOUNT PermittedUses You may use your Account for Purchases, Balance Transfers and Cash Advances. You may not use it for illegal transactions. AuthorizedUsers You may request additional Cards for Authorized Users to make transactions on your Account. You must notify us if you wish to cancel the authority of an Authorized User to use your Account. You are responsible for all charges made by your Authorized Users. JointAccounts IfyourAccount isajoint Account -eachof youagreestobe liableindividuallyandjointly for the entireamountowedon the Account;and · anynotice we mailto anaddressprovided by eitherof youfor the Account willserveasnoticeto both of you. Checks If we provide you with Checks, we will tell you whether we will treat the Check as a Purchase, Balance Transfer or Cash Advance. You may not use these Checks to pay any amount you owe us. CreditAuthorizations We may not authorize a transaction for security or other reasons.We will not be liable to you if we decline to authorize a transaction or if anyone refuses your Card, Check or Account number, CreditLines We will tell you what your Account credit line is. You must keep your increase or decrease your Account credit line or your Cash Advance Accountbalance below your Account creditline. If you do not, we creditline without notice. We may delay increasing your available may request immediate payment of the amount by which you exceed credit by the amountof any payment that we receive for up to 10 it. We may establish a lower credit line for Cash Advances. We may business days. FEES (See your PricingSchedule forAdditionalFees) LateFee We will not charge a Late Fee the first time you do not make theFee during,any of the prior six billing periods. Otherwise, the fee is $41. Minimum Payment Due by the Payment Due Date.After that, if you do This fee will never exceed the Minimum Payment Due that was due not pay the Minimum Payment Due by the Payment Due Date, we will immediately prior to the date on which the fee was assessed. charge you a Late Fee. The fee is $30, if you were not charged a Late Returned Payment Ifyou make a payment thatis not honored by your financial institution, we Payment Fee during any of the prior six billing periods. Otherwise, the fee pee will charge you a Returned Payment Feeeven if the payment is honored is$41.Thisfee will never exceed the Minimum Payment Duethat was due after we re-submit it. The fee is $30if you were not charged a Returned immediately prior to the date on which the payment was retumed to us ANNUAL PERCENTAGE RATES ("APRs") (See your Pricing Schedule for the APRs that apply to your Account) VariableAPRs Your Pricing Schedule may include variable APRs. These APRs are on the first day of the that billing period the same begins during determinedby adding thenumber ofpercentagepoints that we calendar month that the Prime Rate changes. An increase in the APR specif y to the Prime Rate. Variable APRs will increase or decrease will increase your interest charges and may increase your Minimum when the PrimeRate changes.The APR change will take effect Payment Due. Your APRwill never be less than zero. PenaltyAPR None MAKING PAYMENTS Payment "Youmust pay in U.S.dollars.Pleasedo not send cash. "Wecredit your paymentsin accordancewith the terms containedon your Instructions Sending cashis not allowed.Allchecksmust be drawnon fundsondepositin the U.S. billingstatement. " Youmustpay usfor allamountsdue onyour Account.Thisincludescharges · If you mailyour payment to anaddressother than the addressdesignated made by AuthorizedUsers. on your billingstatement, there may be a delayin processingand crediting · Wemayrefusetoaccept apaymentin aforeigncurrency.Ifwe do acceptit, the paymentto yourAccount. · If a third party makes a payment on your Account and we return allor a we willcharge yourAccount our cost to convert it to U.S.dollars. · We can accept late payments, partial payments or payments marked part of such payment, then we may adjustyour Account for any amount full" "paymentin or with any other restrictiveendorsementwithout losing returned. We reserve the right to defend ourselvesagainst any demand of any ourrightsunderthisAgreement. to return funds we havereceived,and may agreeto a compromise of the demandedamountaspartof asettlement. Minimum Payment Due Youmaypay the entire New Balanceshownon your billingstatement at any feesfor anydebt protectionproduct that youenrolledinonor after2N2015; time. Each billing period you must pay at leastthe MinimumPaymentDue InterestCharges;andLateFees. by the Payment Due Dateshown on your billing statement. The Minimum TheMinimumPaymentDuemay alsoincludeamountsby which you exceed PaymentDuewillbe anyamountpastdue plusthe greaterof: your Account credit line. However,it will never exceed the New Balance. -$35;or Whenwe calculatethe MinimumPaymentDue,we may subtract from the · 2%ofthe New Balanceshownon your billingstatement;or New Balancecertain fees added to your Account during the billing period. · $20,plus any of the TheMinimumPaymentDueisroundedupto thenearest dollar. following chargesasshown on your billingstatement ©2022 Discover Bank, MemberFDIC -1- FILED: GENESEE COUNTY CLERK 01/30/2023 04:26 PM INDEX NO. E70296 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 01/30/2023 MAKING PAYMENTS How We Apply Payments Eachbilling period, we will generally apply amounts you pay that exceed We apply payments and credits at our discretion, including in a manner the MinimumPayment Dueto balanceswith higher APRsbefore balances most favorable or convenient for us.in all cases,we will apply payments and credits asrequired by applicable law. with lower APRsasof the date we credit your payment. INTEREST CHARGES How We Calculate We calculateinterest charges each billing period by first figuring the "daily HowWeFigureYourTotalInterestCharges Charges- balance" Interest for each TransactionCategory. TransactionCategories include · WemultiplythedailybalanceforeachTransactionCategorybyitsdailyperiodic Daily Balance Method standard Purchases,standard Cash Advances and different promotional rate.Wedothisforeachdayinthebillingperiod.Thisgivesustheinterestcharges current (including balances,suchasBalanceTransfers· for each TransactionCategory.To get a daily periodic rate, we divide the transactions) HowWeFigurethe DailyBalancefor EachTransactionCategory APRthat appliesto the TransactionCategoryby 365. · Weadd upallthe dailyinterestcharges.Thesumisthe totalinterest charge · We start with the beginning balancefor each day.The beginning balance for the billingperiod. for the first day of the billing period isyour balanceon the last day of your previousbillingperiod. · Dueto roundingor a minimuminterest charge,the interestcalculationmay vary from theinterest chargeactuallyassessed. · We add any interest chargesaccrued on the previousday'sdaily balance and any new transactionsand fees.We add any new transactionsor fees HowWeIncludeFees asof the later of the TransactionDateor the first day of the billingperiod in WeaddBalanceTransferFeestothe applicableBalanceTransferTransaction which the transactionor fee posted to yourAccount. Category. We add Cash Advance Fees to the applicable Cash Advance · Wesubtract any new creditsand payments. TransactionCategory. We add all other fees to the standard Purchase · We makeother adjustments(including those adjustmentsrequiredin the TransactionCategory. Interest" "Paying section). Paying Interest WhenInterest ChargesBegin interest charges on New Purchases.New Purchasesare Purchasesthat first appear on the next billing statement.Interest will continue to accrue We begin to impose interest charges on a transaction, fee or interest each day on Purchasesthat appeared on previous billing statements until charge from the day we add it to the daily balance. We continue to you pay the New Balancein full and will be billed in the next billing cycle. impose interest charges until you pay the total amount you owe us. You canavoid paying interest on Purchasesasdescribed below. However,you HowWe Apply PaymentsMayImpactYourGracePeriod cannot avoid paying interest on BalanceTransfersor CashAdvances. If you do not pay your New Balancein full each month, then, depending Howto Avoid PayingIntereston Purchases("GracePeriod") on the balanceto which we apply your payment, you may not get agrace period on new Purchases. If you pay the New Balance on your current billing statement by the Payment Due Date shown on that billing statement, we will not impose OTHER IMPORTANT INFORMATION Youare in default if: · you failto comply with the terms of this Agreement or any Agreement Default · you file bankruptcy or another insolvency proceeding is filed by you or with us or an Affiliate, including failing to make a required payment against you; when due, exceeding your Account credit lineor using your Cardor · we havea reasonablebelief that you are unableor unwilling to repay Account for an illegaltransaction. your obligations to us; If you are in default, we may declare the entire balanceof your Account . you die or are legally declared incompetent or incapacitated; immediately due and payablewithout notice. attorneys' CollectionCosts If we use an attorney to collect your Account, we may charge you our legal costs as permitted by law. These include reasonable fees, court or other collection costs, and fees and costs of any appeal. Merchant Disputes Ifyouhaveadispute with a merchant,you may requestacredit to your Account.Ifwe resolvethe disputeinyour favor,we will issueacredit to your Account. Youassignto usyourclaimfor the credited amountagainstthe merchantand/or anythird party.Atour request,youagreetoprovide thisassignmentinwriting. Automatic Account You may set up automatic billing or store your Account information with changes, which may include your billing address, you authorize us to InformationUpdates an Affiliate, merchant, wallet provider, or other third party ("Permitted provide this updated information to any such Permitted Party at our Party"). If you do, you authorize us to share your Account information, discretion. You must contact the Permitted Party directly or remove which may include your rewards account balance, with the Permitted your credit card information from the Permitted Party website if you wish to stop automatic billing or Account updates. Party, regarding the use of your Account. If your Account information Our Privacy . We send you our Privacy Policy when you open your Account. how we safeguard its confidentiality and security; Policy · when it may be shared with others; and Contact us or visit Discover.com if you would like a copy. Pleaseread it carefully. It summarizes: · how you can limit our sharing of this information. · the personal information we collect; CreditReporting Youauthorize us to get information from credit reporting agencies and normally report to credit reporting agencies each month. If you believe Information that information we reported is inaccurate or incomplete, please write other sources for servicing or review of your Account, collection and Agency any other use permitted us at Discover, P.O.Box 30939, Salt Lake City, UT 84130-0939. Please by law, including to consider you for other products and services. We may report the status and payment history includeyourname, address, homephone number and Account of your Account to credit reporting agencies and other creditors. We number. Our Communications You agree that we, our Affiliates, and agents, including service providers you provide.Youagreethat the AuthorizedPartiesmay contact you usingan withYou ("Authorized Parties") may contact you, including calls, text message or automaticdialeror pre-recorded voice message.Ifyou no longer wishto be email,about any currentor future accountsor applications,withrespect to all contacted on yourcell phone by anautomateddialeror pre-recorded voice productsyouhavewithusat anyphonenumberor email(i)youhaveprovided message,you must provideuswritten notice cancellingyour consentatthis to us,(ii)from which you contacted us,or (iii)which we obtainedandbelieve address:DiscoverBank,P.O.Box 30937,SaltLakeCky, UT84130-0937.The we can reachyou at, evenif your phone provider may chargeyou message writtennotice mustinclude:yourname,mailingaddress,thelast four digitsof and data ratesfor callsor texts. Youagree that the AuthorizedPartiesmay your Account number andthe specificcell phone number(s)for which you record or monitor any callsbetween you and the AuthorizedParties.You would liketo cancelyour consentto be contacted by anautomateddialeror agree to notify us if you change or discontinue using any phone number pre-recorded voice message. UnauthorizedUse You must notif y us immediately if: · you believe someone is using your Account or a Card without your · your Card is lost or stolen; or permission. -2- FILED: GENESEE COUNTY CLERK 01/30/2023 04:26 PM INDEX NO. E70296 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 01/30/2023 Cancellationof . . We may cancel, suspend or not renew your Account at any time You may cancel your Account. You will remain responsible for any Your Account amount you owe us under this Agreement. without notice. . Any joint Accountholder may cancel ajoint Account. However, both of you will remain responsible for paying all amounts owed. OTHER IMPORTANT INFORMATION Purchasesand Cash IfyoumakeaPurchaseor CashAdvanceinaforeigncurrency,wewillconvert depending onthe countryandcurrencyinwhichthe transactionismade.We Advances inForeign ittoU.S.dollarsusingarate we choose.Thisratewilleither be a government- usetheratein effect onthe conversiondatefor the transaction.Thisratemay Currencies be differentthanthe rateineffect onthe TransactionDateforthe transaction. mandatedrate,agovernment-publishedrateortheinterbankexchangerate, GoverningLaw ThisAgreement isgoverned by applicablefederallawand by Delawarelaw.However,inthe eventyou defaultandwe file alawsuitto recoverfundsloanedto statute." you,the statute of limitationsof the statewhere the lawsuitisfiledwill apply,without regardto thatstate'sconflicts of lawsprinciplesorits "borrowing "Arbitration" Severability Except as set forth in the section, if any part of this Agreement is found to be invalid, the rest of it will still remain in effect. EnforcingthisAgreement Wemay delay enforcing or not enforce any of our rights under this Agreement without losing or waiving any of them. Assignmentof Account Wemaysell, assign or transf er your Account or any portion of it without notic.e to you. You may not sell, assign or transfer your Account without first obtaining our prior written consent. MILITARY BORROWERS StatementofMAPR Federal law provides important protections to members of the Armed (3) any application fee charged(other than certain application fees for Forcesand their dependentsrelatingtoextensionsofconsumercredit. specified credit transactions or accounts); and (4) any participation fee Ingeneral,thecostofconsumercredittoamemberofthe Armed Forces charged (otherthan certain participation fees for a credit card account). andhisorber dependent may not exceed anAnnualPercentage Rateof If youwouldlike more information about whether thissectionapplies 36percent. Thisratemustinclude, asapplicableto the credit transaction to you, please contact us at 1-844-DFS-4Mll (1-844-337-4645)anytime or account: (1)the costs associated with credit insurance premiums; (2) 24/7.If calling outsidetheU.S.youcancontactusat+1-801-451-3730. fees for ancillary products sold in connection with the credit transaction; OralDisclosures Beforeagreeingtothis Agreement, in order to hear importantdisclosuresand payment information about this Agreement, please call 1-844-DFS-4MIL (1-844-337-4645) anytime 24/7. If calling outsidetheU.S.youcancontactusat+1-801-451-3730. CONTACT US at 1-800-347-3085 or . in writing to Discover,P.O.Box 30943, Salt Lake City, UT84130-0943.When writing, please include Unlesswe tell you otherwise,youcannotifyus:.byphone your name, address,home phone number and Account number. You must contactuswithin15daysafterchangingyouremailaddress,mailingaddressor phonenumber. DEFINITIONS "Account" meansyour Discovercard account. "Check"meansanycheckwesend to you to accessyourAccount. "Affiliate" Schedule" Schedule" meansour parent corporations,subsidiariesandaffiliates. "Pricing meansthe document entitled "Pricingwhich liststhe APRsthat User" toyourAccountandother important information. "Authorized means anypersonyouauthorizeto useyour Account or a Card,whether you apply Rate" notify usor not. "Prime meansthehighestrateofinterestlistedasthe U.S.Primeratein the MoneyRates Transfer" sectionof the onlinewallStreetJoumal(www.ws).com)on thelastbusinessdayofthemonth. "Balance means abalancetransferredfromanothercreditor to yourAccount. "Purchase" "Card"meansanyoneormoreDiscovercardsissuedtoyouorsomeoneelsewithyour meanstheuse of your Accounttopurchase or leasegoodsor servicesat authorization. participatingmerchants. Advance" "We,""us" "our" "Cash means theuseof your Account for: and referto DiscoverBank,theissuerofyourCard. "You,""your" . obtaining cashfromparticipatingautomatedtellermachines,financialinstitutionsorother or "yours"referto you andanyother person(s)who arealsocontractuallyliable locations;and underthis Agreement. "TransactionDate"meansthedateshown onyour billingstatementfor atransactionor fee. . onlinegambling,or to purchaselottery tickets, money orders,casinochips,foreign currency or similaritems. ARBITRATION Agreement to Arbitrate. In the event of a dispute between by the MilitaryLending Act, please whetheryouarecovered YourandOurRightToGoToSmallClaimsCourt. Youandwe will you and us arising out of or relating to this Account or the contact us at 1-844-DFS-4MIL (1-844-337-4645)or if you are not chooseto arbitrateany individualClaimyou or we bring in relationshipsresulting from this Account or any otherdispute callingfrom outsidethe USat+1-801-451-3730. smaliclaimscourt (or an equivalentcourt).Thismeansyou or between youor us,including,for example,a disputebasedon we maybring anactionin smallclaimscourt (or an equivalent afederalor statestatute or localordinance("Clairn"),eitheryou CLASSACTIONWAlVER. ARBITRATION MUSTBE ON AN court) without being subjectto arbitration.However,if aClaim or we may chooseto resolvethe Claimby bindin arbitration, INDIVIDUAL BASIS.THISMEANSNEITHER YOUNORWEMAY istransferred,removed,or appealedfrom smallclaimscourt to asdescribedbelow,insteadof incourt. AnyClaim exceptfor a JOIN OR CONSOLIDATECLAIMSIN ARBITRATIONBY OR a different court, or if any Claimbrought in smallclaimscourt Claimchallengingthe validityorenforceabdit oft isarbitraton AGAlNSTOTHERCARDMEMBERS, ORLITIGATE INCOURTOR exceeds the small claims court limit, you or we may then the Class agreernent,including ActionWalve yberesolved ARBITRATEANYCLAIMSASA REPRESENTATIVE ORMEMBER chooseto arbitrate. by binding arbitraton if either party requests . THISMEANSIF OFA CLASSORINA PRIVATE ATTORNEYGENERALCAPACITY. EITHERYOUORWE CHOOSEARBITRATION, NEITHERPARTY GoverninLaw and Rules.This arbitration a reement is WILLHAVETHERIGHTTOLITIGATESUCHCLAIMIN COURT ·· bY the FederalArbitrationAct ORTO HAVEA JURYTRIAL ALSODISCOVERY ANDAPPEAL 9overne The arbitrator may award injunctive relief only in favor of "FA Arbitration . the individual pa must proceed only with the AmericanAr itrati Association RIGHTS INARBITRATION ARELIMITED seeking relief and only to the extent "A A" The ruleforthe rbitratonIb ose in th s ess y to Evenif allpartieshaveopted to litigateaClaimin court ou or i reliefwarran db hat part s ndivbual we may elect arbitrationwith respect to any Claimma e by a the rulesin this arbitrationagreementwill be followed if there new party or anynew Claimslaterassertedi that lawsuit. If a court decidesthat public injunctiverelief licablelaw precludesenforcement of any of this is disa reement between the agreement and the AAA's ara raphs limitations proce ures. If the AAA'sprocedureschange after the Claim asto aparticularClaimfor relief,then afteralla pealsfrom that Thisarbitrationa reement doesnot apply if, on the date you is filed, the procedures in effect when the Clarmwas filed decisionhavebeen exhausted,that Claim an onlythat Claim) submit your App ication or on the date we seekto invokethis must be severedfrom the arbitrationan ma be brought inwillapply. arbitrationagreement,you areamemberof the Armed Forces court. Only a court, and not anarbitrator,shal determinethe or a dependent of such a member covered by the federal andeffect validity,scope, of Class the ActionWaiver. MilitaryLendingAct. If you wouldlike moreinformationabout -3- FILED: GENESEE COUNTY CLERK 01/30/2023 04:26 PM INDEX NO. E70296 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 01/30/2023 ARBITRATION For a copy of the AAA'sprocedures,to file aClaimor for other their officers, directors and employees;any third party co- was genuinelyin dispute,then eitheryouor we may chooseto information, please contact the AAA at 1101LaurelOak Rd., appealto a new panelof three arbitrators.Theappellatepanel defendant of a Claim subject to this arbitration agreement; Voorhees,NJ08043,www.adr.org. is completely free to accept or rejectthe entireoriginalaward and all joint Accountholdersand Authorized Usersof your Account(s). or any partof it.Theappealmustbefiledwith the AAAnot later If the AAAis completely unavailable, than 30 daysafter the originalawardissues.Appealcosts will andif you and we cannot be allocatedconsistentwith the AAA'sConsumerArbitration agree onasubstitute,then eitheryou orwe may requestthat a Survivalof this Agreement. Thisarbitrationagreement shall court withjurisdictionappointasubstitute. RulesandDueProcessProtocol. survive · closingof your Account; A arbitrationaward may be enforced (such as through a Fees andCosts. If you wishto begin arbitrationagainstusbut . voluntarypaymentof yourAccountor anypartof it· only' · anylegalproceedingsto collect moneyyou owe; o t and can ob ainaaver of cos s f or g f om an aÊt a loI Clam s a ap y t · any ruptcyby you;an at arbitration.Nofinding,award,orjudgment from anyother will advancethose costsif ou askusin writing andare acting · anysale,assignment,or transferby usof yourAccount. arbitrationshalhmpactthe arbitrationof anyClaim. in good faith.Any request ke this shouldbe sent to Discover, P.O.Box 30421,Salt LakeCity, UT 84130-0421. If you lose the arbitration, the arbitrator will decide whether you must ClaimNoticeandSpecialPayment.If you havea Claim,before YouHavethe Ri ht to RejectArbitrationfor this Account.You reimburseusfor moneywe advancedfor oufor the arbitration. initiating an arbitrationproceeding, ou may give us written mayrejectthe ar itrationagreementbutonl if we receivefrom If you win the arbitration,we willnot ask or reimbursementof Notice" notice of the Claim("Claim you awritten noticeof rejectionwithin 30 at least 30 days before aysof your receipt money weadvanced.Additionally,ifyouwinthe arbitration,the of the Cardafter your Accountis opened.Youmust sendthe initiating the arbitraton proceeding.The Claim Notice must arbitrator ma decide that you are entitled to be reimbursed includeyour name,address,andaccountnumber andexplain noticeof rejectionto: Discover,P.O.Box30938,SaltLakeCity,UT attorneys' your reasona le fees and costs (if actually paid by 84130-0938. in reasonabledetailthe natureofthe Claimand anysupporting you . Thearbitratormayalsoallocatecompensation,expenses, facts. Any ClaimNotice shallbe sent to us at Discover,P.O. an administrativefees (whichinclude filing and hearingfees) r suchother addressaswe shall Box794,Deerfield,IL60015 Yourrejectionnoticemustincludeyour name,address,phone to any party uponthe arbitrator'sdeterminationthat the party's subsequentlyprovidetoyo .lf,andonlyif,(1)yousubmitaClaim number,Accountnumberandpersonalsignature.Nooneelse claim or counterclaimwasfiledfor purposesof harassmentor Noticein accordancewith isagreementon your own behalf is patently frivolous. may sign the rejection notice for you. Yourrejection notice nd noton behalfof anyother party);and(2)anarbitrator,after must not be sent with any other corre ondence. Rejection inding in yourfavorin anyrespectonthe meritsof your Claim, of arbitrationwill not affect your other ri