Preview
FILED: YATES COUNTY CLERK 08/04/2023 12:37 PM INDEX NO. 2023-5198
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/04/2023
EXHIBIT A
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FILED: YATES COUNTY CLERK 08/04/2023 12:37 PM INDEX NO. 2023-5198
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/04/2023
CM.TL29K.LIN.0922
DISC#VER CARDMEMBER AGREEMENT
Discover'
Thankyou for choosing card. ThisAgreement explainsthe current terms and conditions of your Account. The enclosed Pricing Schedule is part of this Agreement. Pleaseread
"Definitions"
this Agreement,including the PricingSchedule,carefully.Keepthem for your records.Contact usif youhaveanyquestions.Wehaveincludeda sectionfor your referenceon page3.
ACCEPTANCE OF AGREEMENT
You accept this Agreement if youdo not cancelyour Account within 30 daysafter receivingaCard.Youalsoaccept this Agreement if you or anAuthorized
Disputes"
Userusethe Account.Youmay,however,rejectthe "Arbitrationof 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 willgiveyou advancewritten notice of the change(s)andaright toreject the change(s).Wewill not charge anyfee or interestchargeprohibited by law.
USING YOUR ACCOUNT
Permitted Uses You may use your Account for Purchases, Balance Transfers and Cash Advances. You may not use it for illegal transactions.
Authorized Users You may request additional Cards for Authorized Users to make transactions on your Account. You must notif y 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.
Joint Accounts IfyourAccount isajoint Account
· eachof youagreesto be liableindividuallyandjointly for the entire amountowed on the Account; and
· any notice we mailto anaddressprovided by either of you for the Account willserveasnotice to 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.
Credit Authorizations 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
ref uses your Card, Check or Account number.
Credit Lines 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
Account balance below your Account credit line. If you do not, we credit line without notice. We may delay increasing your available
may request immediate payment of the amount by which you exceed credit by the amount of 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 Pricing Schedule for Additional Fees)
Late Fee We will not charge a Late Fee the first time you do not make the Fee 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 If you make a payment that is not honored by your financialinstitution, we Payment Fee during any of the prior six billing periods. Otherwise, the fee
pee will charge you a Returned Payment Fee even 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 $30 if you were not charged a Returned immediately prior to the date on which the payment was returned to us
ANNUAL PERCENTAGE RATES ("APRs") (See your Pricing Schedule for the APRs that apply to your Account)
Variable APRs Your Pricing Schedule may include variable APRs. These APRs are on the first day of the billing period that begins during the same
determined by adding the number of percentag e points 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 Prime Rate changes. The APR change will take ef fect Payment Due. Your APRwill never be less than zero.
Penalty APR None
MAKING PAYMENTS
Payment Instructions · Youmust pay in U.S.dollars.Pleasedo not send cash. Sending cash is not · We credit your paymentsin accordancewith the terms contained on your
allowed.Allchecks must be drawnon fundson deposit inthe U.S. billingstatement.
· Youmust pay usfor allamountsdue on yourAccount.Thisincludescharges · If you mailyour payment to an addressother than the addressdesignated
made by AuthorizedUsers. on your billingstatement, there may be a delay in processingand crediting
· We may refuseto accept apaymentinaforeigncurrency.Ifwe do accept it, the paymentto your Account.
we willchargeyourAccount ourcost to convert it to U.S.dollars. · If a third party makes a payment on your Account and we return all or a
· We can accept late payments, partial payments or payments marked part of such payment, then we may adjust your Account for any amount
full"
"payment in or with any other restrictive endorsementwithout losing returned. We reserve the right to defend ourselvesagainst any demand
anyof our rightsunderthisAgreement. to return funds we have received, and may agree to a compromise of the
demanded amount aspart of asettlement.
Minimum Payment Due Youmaypay the entire New Balanceshownon your billing statement at any feesfor anydebt protection product that youenrolledinonor after 2/1/2015;
time. Each billing period you must pay at leastthe Minimum Payment Due InterestCharges;andLateFees.
by the Payment Due Date shown on your billing statement. The Minimum TheMinimumPaymentDue may alsoincludeamountsby which you exceed
PaymentDuewill be any amountpastdue plusthe greaterof: your Account credit line. However,it will never exceed the New Balance.
· $35;or When we calculatethe MinimumPayment Due,we may subtract from the
· 2%of the New Balanceshownon your billingstatement; or New Balancecertain fees added to your Account during the billing period.
· $20,plus any of the following chargesasshown on your billing statement: TheMinimumPaymentDueisrounded up to the nearestdollar.
©2022 Discover Bank, Member FDIC
FILED: YATES COUNTY CLERK 08/04/2023 12:37 PM INDEX NO. 2023-5198
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/04/2023
MAKING PAYMENTS
How We Apply Payments We apply payments and credits at our discretion, including in a manner Each billing period, we will generally apply amounts you pay that exceed
most f avorable or convenient for us. In all cases, we will apply payments the MinimumPayment Dueto balanceswith higher APRsbefore balances
and credits asrequired by applicable law. with lower APRsasof the date we credit your payment.
INTEREST CHARGES
How We Calculate We calculateinterest chargeseach billing period by first figuring the "daily HowWeFigureYourTotalInterestCharges
balance"
Interest Charges- for each TransactionCategory. TransactionCategories include . WemultiplythedailybalanceforeachTransactionCategorybyitsdailyperiodic
Dail Balance Method standard Purchases,standard Cash Advances and different promotional rate.Wedothisforeachdayinthebillingperiod.Thisgivesustheinterestcharges
(in uding current balances,suchasBalanceTransfers. for each TransactionCategory.To get a daily periodic rate, we divide the
transactions) HowWe Figurethe DailyBalancefor EachTransactionCategory APRthatappliesto the TransactionCategory by365.
. We start with the beginning balancefor each day.The beginning balance . Weadd upall the dailyinterestcharges.Thesumisthe totalinterest charge
for the first day of the billing period is your balanceon the last day of your for the billingperiod.
previousbillingperiod. · Dueto rounding or aminimuminterest charge,the interestcalculationmay
· We add any interest chargesaccrued on the previousday'sdaily balance vary from theinterest charge actuallyassessed.
and any new transactionsand fees.We add any new transactionsor fees HowWeinclude Fees
asof the later of the TransactionDateor the first day of the billing period in WeaddBalanceTransferFeesto the applicableBalanceTransferTransaction
which the transactionor fee posted to your Account· Category. We add Cash Advance Fees to the applicable Cash Advance
· Wesubtract any new credits andpayments.
TransactionCategory. We add all other fees to the standard Purchase
· We make other adjustments (including those adjustmentsrequired in the
Interest" TransactionCategory.
"Paying section).
Paying Interest When Interest ChargesBegin interest charges on New Purchases.New Purchasesare Purchasesthat
We begin to impose interest charges on a transaction, fee or interest first appear on the next billing statement. Interest will continue to accrue
charge from the day we add it to the daily balance. We continue to each day on Purchasesthat appeared on previous billing statements until
impose interest charges until you pay the total amount you owe us.You you pay the New Balancein full and will be billed in the next billing cycle.
can avoid 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("Grace Period") on the balance to which we apply your payment, you may not get agrace
If you pay the New Balance on your current billing statement by the period on new Purchases.
Payment Due Date shown on that billing statement, we will not impose
OTHER IMPORTANT INFORMATION
Youare in default if: · you fallto comply with the terms of this Agreement or any Agreement
Default
. you file bankruptcy or another insolvency proceeding isfiled by you or with us or an Affiliate, including failing to make a required payment
against you; when due, exceeding your Account credit line or using your Card or
. we have a reasonablebelief that you are unable or 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'
Collection Costs 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 If you haveadispute with a merchant,you may requesta credit to your Account.Ifwe resolvethe dispute in your favor,we will issueacredit to your Account.
Youassigntous yourclaimfor the credited amountagainstthe merchantand/or anythird party.At our request,youagreeto providethisassignmentinwriting.
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
Inf ormation Updates an Af filiate, merchant, wallet provider, or other third party ("Permitted provide this updated information to any such Permitted Party at our
Part y"). 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
Party, regarding the use of your Account. If your Account information wish to stop automatic billing or Account updates.
Our Privacy Policy We send you our Privacy Policy when you open your Account. · how we safeguard its confidentiality and security;
Contact us or visit Discover.com if you would like a copy. Please read . when it may be shared with others; and
it caref ully. It summarizes: · how you can limit our sharing of this information.
· the personal information we collect;
Credit Reporting Youauthorize us to get information from credit repor ting agencies and normally repor t to credit repor ting agencies each month. If you believe
other sources for servicing or review of your Account, collection and that information we repor ted is inaccurate or incomplete, please write
Agency Information
any other use permitted by law, including to consider you for other us at Discover, P.O.Box 30939, Salt Lake City, UT 84130-0939. Please
products and services. We may report the status and payment histor y include your name, address, home phone 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
with You ("Authorized Parties") may contact you, including calls, text message or automaticdialeror pre-recorded voice message.Ifyouno longer wishto be
email,about anycurrent or future accountsor applications,withrespect to all contacted on your cell phone by anautomated dialeror pre-recorded voice
products youhavewithusat anyphonenumber or email(i)youhaveprovided message,you must provideuswritten notice cancellingyour consent at this
to us,(ii) from which youcontacted us,or (iii)which we obtainedandbelieve address:DiscoverBank,P.O.Box 30937,SaltLakeCity, UT84130-0937.The
we can reach you at, evenif your phone provider may chargeyou message writtennotice mustinclude:your name,mailingaddress,thelastfour digitsof
and data ratesfor callsor texts. Youagree that the AuthorizedPartiesmay your Account number and the specificcell phone number(s)for which you
record or monitor any callsbetween you and the Authorized Parties.You would liketo cancelyour consentto be contacted by anautomated dialeror
agree to notify us if you change or discontinue using any phone number pre-recorded voice message.
Unauthorized Use 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.
FILED: YATES COUNTY CLERK 08/04/2023 12:37 PM INDEX NO. 2023-5198
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/04/2023
Cancellation of . You may cancel your Account. You will remain responsible for any - We may cancel, suspend or not renew your Account at any time
Your Account amount youowe 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
Purchases and Cash IfyoumakeaPurchaseorCashAdvanceinaforeigncurrency,we willconvert depending on thecountry andcurrencyinwhichthetransactionis made.We
Advances in Foreign it toU.S.dollarsusingarate we choose.Thisratewilleither be agovernment- usetherateineffectontheconversiondate forthe transaction.Thisratemay
Currencies mandatedrate,agovernment-publishedrateortheinterbankexchangerate, bedifferentthantherateineffectonthe TransactionDateforthetransaction.
Governing Law ThisAgreement isgoverned by applicablefederallaw and by Delawarelaw.However,inthe event you default andwe filealawsuittorecover funds loanedto
statute."
you, the statute of limitationsofthe statewhere thelawsuitis filed will apply,withoutregard to that state'sconflictsof 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.
Enforcing this Agreement We may delay enforcing or not enforce any of our rights under this Agreement without losing or waiving any of them.
Assignment of Account We may sell, assign or transfer your Account or any portion of it without notice to you. You may not sell, assign or transfer your Account without
first obtaining our prior written consent.
MILITARY BORROWERS
Statement of MAPR Federal law provides important protections to members of the Armed (3) any application fee charged (other than certain application fees for
Forces and their dependents relating to extensions of consumer credit. specified credit transactions or accounts); and (4) any participation fee
In general, the cost of consumer credit to amember of the Armed Forces charged (other than certain participation fees for a credit card account).
and his or her dependent may not exceed an Annual Percentage Rateof If you would like more information about whether this section applies
36 percent. Thisrate must include, asapplicable to the credit transaction to you, please contact us at 1-844-DFS-4MIL(1-844-337-4645) anytime
or account: (1)the costs associated with credit insurance premiums; (2) 24/7.If calling outside the U.S.you can contact us at +1-801-451-3730.
fees for ancillary products sold in connection with the credit transaction;
Oral Disclosures Before agreeing to this Agreement, in order to hear important disclosures and payment information about this Agreement, please call
1-844-DFS-4MIL (1-844-337-4645) anytime 24/7. If calling outside the U.S.you can contact us at +1-801-451-3730.
CONTACT US
Unless we tell you otherwise, you can notif y us: · by phone at I-800-347-3085 or · in writing to Discover, P.O.Box 30943, Salt Lake City, UT84130-0943.When writing, pleaseinclude
your name, address, home phone number and Account number. You must contact us within 15daysafter changing your email address, mailing address or phone number.
DEFINITIONS
"Account" "Check"
meansyour Discovercardaccount. meansany check we sendtoyoutoaccessyour Account.
"Affiliate" "PricingSchedule"
meansour parentcorporations,subsidiariesandaffiliates. meansthe document entitled "PricingSchedule','whichliststheAPRsthat
User" apply to your Account andotherimportantinformation.
"Authorized meansanypersonyou authorizeto useyour Account or a Card,whether you
Rate"
notif y usor not. "Prime meansthe highestrate of interestlistedasthe U.S.Primerateinthe MoneyRates
Transfer" sectionof the online WallStreetJournal¶www.ws).com)on the lastbusinessday of the month.
"Balance meansabalancetransferredfrom anothercreditor to your Account.
"Card" "Purchase"
meansany one or more Discovercardsissuedto youor someoneelsewith your meansthe useof your Account to purchaseor leasegoodsor servicesat
authorization. participatingmerchants.
Advance" "We,""us"
"Cash meansthe useof your Account for: and"our"refer to DiscoverBank,theissuerof yourCard.
"You," "yours" referto
- obtaining cashfrom participatingautomated teller machines,financialinstitutionsor other "your"or you and anyother person(s)whoare alsocontractuallyliable
locations;and under thisAgreement.
Date"
· online gambling,or to purchaselottery tickets, money orders,casinochips,foreign currency "Transaction meansthe date shownonyour billingstatement for atransactionor fee.
or similaritems.
ARBITRATION
Agreement to Arbitrate. In the event of a dispute between whether you are covered by the MilitaryLending Act, please YourandOurRightToGoToSmallClaimsCourt. Youandwe will
you and us arising out of or relating to this Account or the contact us at 1-844-DFS-4MIL(I-844-337-4645)or if you are not choose to arbitrate any individualClaimyou or we bring in
relationshipsresultingfrom this Account or any other dispute callingfromoutside the USat+1-801-451-3730. smallclaimscourt (or an equivalentcourt). Thismeansyou or
between you or us,including,for example,a dispute basedon we maybring an action in smallclaimscourt (or an equivalent
afederalor statestatuteor localordinance("Claim"),eitheryou CLASSACTIONWAlVER. ARBITRATION MUSTBE ON AN court) without being subjecttoarbitration. However,if aClaim
or we may chooseto resolvethe Claim by bindin arbitration, INDIVIDUAL BASIS.THISMEANSNEITHER YOUNORWEMAY is transferred,removed,or appealedfrom smallclaimscourt to
asdescnbedbelow,1nsteadof incourt. AnyClaim exceptfor a JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR a different court, or if any Claimbrought in smallclaimscourt
Claimchallengingthe validityor enforceabili of t isarbitration AGAINSTOTHERCARDMEMBERS, ORLITIGATE INCOURTOR exceeds the small claims court limit, you or we may then
agreement,includingthe ClassActionWaive mayberesolved ARBITRATE ANYCLAIMSASA REPRESENTATIVE ORMEMBER chooseto arbitrate.
by binding arbitrationif either party requests . THISMEANS IF OFACLASSORINAPRIVATE ATTORNEY GENERAL CAPACITY.
EITHERYOUORWECHOOSEARBITRATION, NEITHERPARTY
Goveming Law and Rules. This arbitration a reement is
WILL HAVETHERIGHTTOLITIGATESUCHCLAIMIN COURT ·
OR TO HAVEA JURYTRIAL.ALSODISCOVERY ANDAPPEAL The arbitrator may award injunctive relief only in favor of 9overned by the FederalArbitrationAct FA Arbitration
the individual part seeking relief and only to the extent must proceed only with the AmericanAr itratio Association
RIGHTSARELIMITEDIN ARBITRATION rThe r9u 9fotr
Evenif allpartieshaveopted to litigateaClaimin court ou or essa y t i reliefwarran d b that pa 's ndiv ual
(r and t e ro edu s oÎ the AAA b t
we may elect arbitraton with respect to an Claimma e by a the rulesin tÎis arbitrationagreementwill be followed if there
new party or anynew Claimslaterassertedi thatlawsut. public injunctiverelief. I a court decides that applicablelaw
precludesenforcement of any of this paragraph'slimitations is disa reement between the agreement and the AAA's
asto aparticularClaimfor relief,then after alla pealsfrom that Proce ures. If the AAA'sprocedureschange after the Claim
when the Claim was filed
Thisarbitrationa reement does not apply if, on the date you decisionhavebeen exhausted,that Claim an only that Claim) is filed, the procedures in effect
submit your Appication or on the date we seek to invokethis must be severedfrom the arbitrationan ma be brought in willapply.
arbitrationagreement,youareamember of the Armed Forces court. Only a court, and not an arbitrator,shal determine the
or a dependent of such a member covered by the federal validity,scope,andeffectof the ClassActionWaiver.
MilitaryLending Act. If you would likemore informationabout
-3-
FILED: YATES COUNTY CLERK 08/04/2023 12:37 PM INDEX NO. 2023-5198
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/04/2023
ARBITRATION
Fora copy of the AAA'sprocedures,to file a Claimor for other was genuinelyin dispute,then either you or we may chooseto their officers, directors and employees; any third party co-
information, please contact the AAA at 1101Laurel Oak 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 reject the entire originalaward and all joint Accountholders and Authorized Usersof your
or anypart of it. Theappealmustbe filedwith the AAAnot later Account(s).
If the AAA is completely unavailable,and if you andwe cannot than 30 daysafter the originalawardissues.Appealcosts will
agreeon a substitute,then eitheryou or we may requestthat a be allocatedconsistentwith the AAA'sConsumerArbitraton Survivalof this Agreement. Thisarbitrationagreement shall
court with jurisdictionappointasu stitute. RulesandDueProcessProtocol. survive
. closingof your Account·
Feesand Costs. If you wishto begin arbitrationagainstus but A arbitration award m be enforced (such as through a . voluntarypaymentof yourAccountor any partof it·
o ts and ca ob an a aver of cos s f or g f om a a itra ms ap o
. anrega dngs Wehm p owe
t at arbitration.Nofinding, award,or judgment from any other . anybankruptcyby you;and
will advancethose costs if ou askus in writing andare acting . anysale,assignment,or transferby usof yourAccount.
in good faith. Any request ikethis should be sent to Discover, arbitrationshalhmpactthearbitrationof any Claim.
P.O.Box 30421,Salt LakeCity,UT 84130-0421.If you losethe
arbitration, the arbitrator will decide whether you must ClaimNoticeandSpecialPayment.If you havea Claim,before YouHavethe RI ht to RejectArbitrationfor this Account.You
reimburseusfor moneyweadvancedfor ou for the arbitration. initiating an arbitration proceeding, ou may give us written mayrejectthe ar itrationagreementbut onl if wereceivefrom
Notice"
If you win the arbitration,we will not ask or reimbursementof notice of the Claim ("Claim at least 30 days before you a written notice of rejectionwithin 30 aysof your receipt
money we advanced.Additionally,ifyou win the arbitration,the initiating the arbitration proceeding. The Claim Notice must of the Cardafter your Account is opened.Youmust sendthe
arbitrator ma decide that you are entitled to be reimbursed includeyour name,address.and account number and explain noticeof rejectionto:Discover,P.O.Box30938,SaltLakeCity,UT
attorneys'
your reasona le fees and costs (if actuallypaid by inreasonabledetailthe natureof the Claimand anysupporting 84130-0938.
you .Thearbitratormayalsoallocatecompensation,expenses, facts. Any Claim Notice shallbe sent to us at Discover,P.O.
an administrativefees(whichinclude filing and hearingfees) Box 794,Deerfield,IL6001 r suchother addressaswe shall Yourrejectionnotice must includeyour name,address,phone
to anyparty uponthe arbitratorsdeterminationthat the party's subsequentlyprovidetoyo If,andonlyif,(1)yousubmitaClaim number,Account numberandpersonalsignature.Noone else
claimor counterclaimwasfiled for purposesof harassmentor Noticein accordancewith isagreementon your own behalf
is patentlyfrivolous. nd not on behalfof anyotherparty);and(2)an arbitrator,after may sign the rejection notice for you. Your rejection notice
must not be sent with any other correspondence.Rejection
inding in yourfavorin any respecton the mentsof your Claim, of arbitrationwill not affect your other rightsor res onsibilities
Hearin s and Decisions.Arbitrationhearingswill take place in issuesyou an award that (excluding any arbitration fees or underthisA reement.If you reject arbitration,neit er you nor
attorneys'
the fe eraljudicialdistrictwhereyou live.A singlearbitratorwill feesandcosts awardedby the arbitrator)isgreater we willbe su ect tothe arbitrationagreementfor thisAccount.
be appointed.Thearbitratormust: thanthe valueof Discover'slastwritten settlement offer made Rejection of bitration for this Account will not constitute
bef re an a trat wa ect , then y u will b e i ed rejectionof any prioror future arbitrationagreement between
. Followallapplicablesubstantivelaw,except when
contradicted by the FAA; youan us.
If you are entitled to the $7,500, ou will receive in addition
· Followapplicablestatutesof limitations; attorneys'
any arbitrationfees or ees and costs awarded by
· Honorvalidclaimsof privilege;and the arbitrator.
· Issueawritten decisionincludingthe reasonsfor the award.
OtherBeneficiariesofthisAgreement.Inadditionto youandus,
Thearbitrator'sdecisionwillbefinalandbindingexceptforany the rights anddutiesdescribed in this arbitrationagreement
review allowed by the FAA.However,if more than $100,000 apply to: our Affiliates,successors,subsidiaries,andourand
Your Billing Rights: ·Ifwedonotbelievetherewasamistake:Youwillhavetopaytheamount
inquestion,alongwithapplicableinterestandfees.Wewillsendyoua
Keep This Document For Future Use statementoftheamountyouoweandthedate aymentisdue.Wemay
thenreportyouasdelinquentifyoudonotpayt eamountwethink
youowe
ThisnoticetellsyouaboutyourrightsandourresponsibilitiesundertheFair
CreditBillin Act. Ifyoureceiveourexplanationbutstillbelieveyourbilliswron ,youmustwrite
WhatToDo fYouFindAMistakeOnYourStatement tous(orvisithttps://discover.com/billingerrornotice)within1 daystellingus
Ifyouthinkthereisanerroronyourstatement,writetousat: thatyoustillrefusetopay.Ifyoudoso,wecannotreportyouasdelinquent
Discover withoutalsoreportin thatyouarequestioningyourbill,Wemusttellyouthe
P.0.Box30421 nameofanyonetow omwereportedyouasdelinquent,andwemustlet
SaltLakeCity,UT84130-0421. thoseorganizationsknowwhenthematterhasbeensettledbetweenus.
YoumayalsocontactusontheWeb:https://discover.com/billingerrornotice Ifwedonotfollowalloftherulesabove, oudonothavetopaythefirst$500f
InyourletterorontheWeb,pleasegiveusthefollowinginformation: theamountyouquestionevenifyourbiliscorrect.
- Account information:Yournameandaccountnumber· YourRightsifYouAreDissatisfiedWithYourCreditCardPurchases
- Dollar amount:Thedollaramountofthesuspectederror.
- Description of problem:lfyouthinkthereisanerroronyourbill,describe Ifyouaredissatisfiedwiththegoodsorservicesthatyouhavepurchasedwith
whatyoubelieveiswrongandwhyyoubelieveitisamistake. yourcreditcard,andyouhavetriedingoodfaithtocorrecttheproblemwith
themerchant,youmayhavetherightnottopaytheremainingamountdue
Youmustcontactus: onthepurchase.
Within60daysaftertheerrorappearedonyourstatement.
By5:00P.M.ETonthedateanautomatedpaymentisscheduled,ifyouwant Tousethisright,allofthefollowingmustbetrue:
1.Thepurchasemusthavebeenmadeinyourhomestateorwithin100miles
tostoppaymentontheamountyouthinkiswrong.Youmustnotifyusofany
potentialerrorsinwritingorelectronically.Youmaycallus,butifyoudowe ofyourcurrentmailingaddress,andthepurchasepricemusthavebeen
morethan$50.(Note:Neitherofthesearenecessaryifyourpurchasewas
arenotnecessarilyrequiredtoinvestigateanypotentialerrorsandyoumay
havetopaytheamountinquestion. basedonanadvertisementwemailedtoyou,orifweownthecompany
thatsoldyouthegoodsorservices.)
WhatWillHappenAfterWeReceiveYourLetterorWebSubmission
Whenwereceiveyourwrittenorelectronicnotice,wemustdotwothings· . 2.Youmusthaveused ourcreditcardforthepurchase.Purchasesmade
withcashadvances romanATMorwithacheckthataccessesyourcredit
1.Within30daysofreceivingyournotice,wemusttellyouthatwereceivedit· cardaccountdonotqualify.
Wewillalsotellyoulfwehavealreadycorrectedtheerror.
Ifallofthecriteriaabovearemetandyouarestilldissatisfiedwiththepurchase,
2.Within90daysofreceivingyournotice,wemusteithercorrecttheerroror contactusinwritinoorelectronicallyat:
explaintoyouwhywebelievethebilliscorrect.
Discover
Whileweinvestigatewhetherornottherehasbeenanerror: p.O.Box30945
· We cannot trytocollecttheamountinquestion,orreportyouasdelinquent SaltLakeCity,UT84130-0945
onthatamount· https://discover.com/billingerrornotice
The chargeinquestionmaycontinuetoappearonyourstatement.
Whileyoudonothaveto aytheamountinquestion,youareresponsiblefor Whileweinvestigate,thesamerulesapplytothedisputedamountasdiscussed
theremainderofyourbaance. above.Afterwefinishourinvestigation,we willtellyouour decision.Atthat
Wecanapplyanyunpaidamountagainstyourcreditlimit. point,ifwethinkyouoweanamountandyoudonotpay,wemayreportyou
asdelinquent.
Afterwefinishourinvestigation,oneoftwothin swillhappen:
·lfwemadeamistake;Youwillnothavetopayt eamountinquestionorany
interest or otherfeesrelatedtothatamount.
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FILED: YATES COUNTY CLERK 08/04/2023 12:37 PM INDEX NO. 2023-5198 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/04/2023 EXHIBIT A soca FILED: YATES COUNTY CLERK 08/04/2023 12:37 PM INDEX NO. 2023-5198 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/04/2023 CM.TL29K.LIN.0922 DISC#VER CARDMEMBER AGREEMENT Discover' Thankyou for choosing card. ThisAgreement explainsthe current terms and conditions of your Account. The enclosed Pricing Schedule is part of this Agreement. Pleaseread "Definitions" this Agreement,including the PricingSchedule,carefully.Keepthem for your records.Contact usif youhaveanyquestions.Wehaveincludeda sectionfor your referenceon page3. ACCEPTANCE OF AGREEMENT You accept this Agreement if youdo not cancelyour Account within 30 daysafter receivingaCard.Youalsoaccept this Agreement if you or anAuthorized Disputes" Userusethe Account.Youmay,however,rejectthe "Arbitrationof 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 willgiveyou advancewritten notice of the change(s)andaright toreject the change(s).Wewill not charge anyfee or interestchargeprohibited by law. USING YOUR ACCOUNT Permitted Uses You may use your Account for Purchases, Balance Transfers and Cash Advances. You may not use it for illegal transactions. Authorized Users You may request additional Cards for Authorized Users to make transactions on your Account. You must notif y 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. Joint Accounts IfyourAccount isajoint Account · eachof youagreesto be liableindividuallyandjointly for the entire amountowed on the Account; and · any notice we mailto anaddressprovided by either of you for the Account willserveasnotice to 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. Credit Authorizations 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 ref uses your Card, Check or Account number. Credit Lines 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 Account balance below your Account credit line. If you do not, we credit line without notice. We may delay increasing your available may request immediate payment of the amount by which you exceed credit by the amount of 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 Pricing Schedule for Additional Fees) Late Fee We will not charge a Late Fee the first time you do not make the Fee 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 If you make a payment that is not honored by your financialinstitution, we Payment Fee during any of the prior six billing periods. Otherwise, the fee pee will charge you a Returned Payment Fee even 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 $30 if you were not charged a Returned immediately prior to the date on which the payment was returned to us ANNUAL PERCENTAGE RATES ("APRs") (See your Pricing Schedule for the APRs that apply to your Account) Variable APRs Your Pricing Schedule may include variable APRs. These APRs are on the first day of the billing period that begins during the same determined by adding the number of percentag e points 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 Prime Rate changes. The APR change will take ef fect Payment Due. Your APRwill never be less than zero. Penalty APR None MAKING PAYMENTS Payment Instructions · Youmust pay in U.S.dollars.Pleasedo not send cash. Sending cash is not · We credit your paymentsin accordancewith the terms contained on your allowed.Allchecks must be drawnon fundson deposit inthe U.S. billingstatement. · Youmust pay usfor allamountsdue on yourAccount.Thisincludescharges · If you mailyour payment to an addressother than the addressdesignated made by AuthorizedUsers. on your billingstatement, there may be a delay in processingand crediting · We may refuseto accept apaymentinaforeigncurrency.Ifwe do accept it, the paymentto your Account. we willchargeyourAccount ourcost to convert it to U.S.dollars. · If a third party makes a payment on your Account and we return all or a · We can accept late payments, partial payments or payments marked part of such payment, then we may adjust your Account for any amount full" "payment in or with any other restrictive endorsementwithout losing returned. We reserve the right to defend ourselvesagainst any demand anyof our rightsunderthisAgreement. to return funds we have received, and may agree to a compromise of the demanded amount aspart of asettlement. Minimum Payment Due Youmaypay the entire New Balanceshownon your billing statement at any feesfor anydebt protection product that youenrolledinonor after 2/1/2015; time. Each billing period you must pay at leastthe Minimum Payment Due InterestCharges;andLateFees. by the Payment Due Date shown on your billing statement. The Minimum TheMinimumPaymentDue may alsoincludeamountsby which you exceed PaymentDuewill be any amountpastdue plusthe greaterof: your Account credit line. However,it will never exceed the New Balance. · $35;or When we calculatethe MinimumPayment Due,we may subtract from the · 2%of the New Balanceshownon your billingstatement; or New Balancecertain fees added to your Account during the billing period. · $20,plus any of the following chargesasshown on your billing statement: TheMinimumPaymentDueisrounded up to the nearestdollar. ©2022 Discover Bank, Member FDIC FILED: YATES COUNTY CLERK 08/04/2023 12:37 PM INDEX NO. 2023-5198 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/04/2023 MAKING PAYMENTS How We Apply Payments We apply payments and credits at our discretion, including in a manner Each billing period, we will generally apply amounts you pay that exceed most f avorable or convenient for us. In all cases, we will apply payments the MinimumPayment Dueto balanceswith higher APRsbefore balances and credits asrequired by applicable law. with lower APRsasof the date we credit your payment. INTEREST CHARGES How We Calculate We calculateinterest chargeseach billing period by first figuring the "daily HowWeFigureYourTotalInterestCharges balance" Interest Charges- for each TransactionCategory. TransactionCategories include . WemultiplythedailybalanceforeachTransactionCategorybyitsdailyperiodic Dail Balance Method standard Purchases,standard Cash Advances and different promotional rate.Wedothisforeachdayinthebillingperiod.Thisgivesustheinterestcharges (in uding current balances,suchasBalanceTransfers. for each TransactionCategory.To get a daily periodic rate, we divide the transactions) HowWe Figurethe DailyBalancefor EachTransactionCategory APRthatappliesto the TransactionCategory by365. . We start with the beginning balancefor each day.The beginning balance . Weadd upall the dailyinterestcharges.Thesumisthe totalinterest charge for the first day of the billing period is your balanceon the last day of your for the billingperiod. previousbillingperiod. · Dueto rounding or aminimuminterest charge,the interestcalculationmay · We add any interest chargesaccrued on the previousday'sdaily balance vary from theinterest charge actuallyassessed. and any new transactionsand fees.We add any new transactionsor fees HowWeinclude Fees asof the later of the TransactionDateor the first day of the billing period in WeaddBalanceTransferFeesto the applicableBalanceTransferTransaction which the transactionor fee posted to your Account· Category. We add Cash Advance Fees to the applicable Cash Advance · Wesubtract any new credits andpayments. TransactionCategory. We add all other fees to the standard Purchase · We make other adjustments (including those adjustmentsrequired in the Interest" TransactionCategory. "Paying section). Paying Interest When Interest ChargesBegin interest charges on New Purchases.New Purchasesare Purchasesthat We begin to impose interest charges on a transaction, fee or interest first appear on the next billing statement. Interest will continue to accrue charge from the day we add it to the daily balance. We continue to each day on Purchasesthat appeared on previous billing statements until impose interest charges until you pay the total amount you owe us.You you pay the New Balancein full and will be billed in the next billing cycle. can avoid 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("Grace Period") on the balance to which we apply your payment, you may not get agrace If you pay the New Balance on your current billing statement by the period on new Purchases. Payment Due Date shown on that billing statement, we will not impose OTHER IMPORTANT INFORMATION Youare in default if: · you fallto comply with the terms of this Agreement or any Agreement Default . you file bankruptcy or another insolvency proceeding isfiled by you or with us or an Affiliate, including failing to make a required payment against you; when due, exceeding your Account credit line or using your Card or . we have a reasonablebelief that you are unable or 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' Collection Costs 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 If you haveadispute with a merchant,you may requesta credit to your Account.Ifwe resolvethe dispute in your favor,we will issueacredit to your Account. Youassigntous yourclaimfor the credited amountagainstthe merchantand/or anythird party.At our request,youagreeto providethisassignmentinwriting. 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 Inf ormation Updates an Af filiate, merchant, wallet provider, or other third party ("Permitted provide this updated information to any such Permitted Party at our Part y"). 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 Party, regarding the use of your Account. If your Account information wish to stop automatic billing or Account updates. Our Privacy Policy We send you our Privacy Policy when you open your Account. · how we safeguard its confidentiality and security; Contact us or visit Discover.com if you would like a copy. Please read . when it may be shared with others; and it caref ully. It summarizes: · how you can limit our sharing of this information. · the personal information we collect; Credit Reporting Youauthorize us to get information from credit repor ting agencies and normally repor t to credit repor ting agencies each month. If you believe other sources for servicing or review of your Account, collection and that information we repor ted is inaccurate or incomplete, please write Agency Information any other use permitted by law, including to consider you for other us at Discover, P.O.Box 30939, Salt Lake City, UT 84130-0939. Please products and services. We may report the status and payment histor y include your name, address, home phone 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 with You ("Authorized Parties") may contact you, including calls, text message or automaticdialeror pre-recorded voice message.Ifyouno longer wishto be email,about anycurrent or future accountsor applications,withrespect to all contacted on your cell phone by anautomated dialeror pre-recorded voice products youhavewithusat anyphonenumber or email(i)youhaveprovided message,you must provideuswritten notice cancellingyour consent at this to us,(ii) from which youcontacted us,or (iii)which we obtainedandbelieve address:DiscoverBank,P.O.Box 30937,SaltLakeCity, UT84130-0937.The we can reach you at, evenif your phone provider may chargeyou message writtennotice mustinclude:your name,mailingaddress,thelastfour digitsof and data ratesfor callsor texts. Youagree that the AuthorizedPartiesmay your Account number and the specificcell phone number(s)for which you record or monitor any callsbetween you and the Authorized Parties.You would liketo cancelyour consentto be contacted by anautomated dialeror agree to notify us if you change or discontinue using any phone number pre-recorded voice message. Unauthorized Use 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. FILED: YATES COUNTY CLERK 08/04/2023 12:37 PM INDEX NO. 2023-5198 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/04/2023 Cancellation of . You may cancel your Account. You will remain responsible for any - We may cancel, suspend or not renew your Account at any time Your Account amount youowe 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 Purchases and Cash IfyoumakeaPurchaseorCashAdvanceinaforeigncurrency,we willconvert depending on thecountry andcurrencyinwhichthetransactionis made.We Advances in Foreign it toU.S.dollarsusingarate we choose.Thisratewilleither be agovernment- usetherateineffectontheconversiondate forthe transaction.Thisratemay Currencies mandatedrate,agovernment-publishedrateortheinterbankexchangerate, bedifferentthantherateineffectonthe TransactionDateforthetransaction. Governing Law ThisAgreement isgoverned by applicablefederallaw and by Delawarelaw.However,inthe event you default andwe filealawsuittorecover funds loanedto statute." you, the statute of limitationsofthe statewhere thelawsuitis filed will apply,withoutregard to that state'sconflictsof 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. Enforcing this Agreement We may delay enforcing or not enforce any of our rights under this Agreement without losing or waiving any of them. Assignment of Account We may sell, assign or transfer your Account or any portion of it without notice to you. You may not sell, assign or transfer your Account without first obtaining our prior written consent. MILITARY BORROWERS Statement of MAPR Federal law provides important protections to members of the Armed (3) any application fee charged (other than certain application fees for Forces and their dependents relating to extensions of consumer credit. specified credit transactions or accounts); and (4) any participation fee In general, the cost of consumer credit to amember of the Armed Forces charged (other than certain participation fees for a credit card account). and his or her dependent may not exceed an Annual Percentage Rateof If you would like more information about whether this section applies 36 percent. Thisrate must include, asapplicable to the credit transaction to you, please contact us at 1-844-DFS-4MIL(1-844-337-4645) anytime or account: (1)the costs associated with credit insurance premiums; (2) 24/7.If calling outside the U.S.you can contact us at +1-801-451-3730. fees for ancillary products sold in connection with the credit transaction; Oral Disclosures Before agreeing to this Agreement, in order to hear important disclosures and payment information about this Agreement, please call 1-844-DFS-4MIL (1-844-337-4645) anytime 24/7. If calling outside the U.S.you can contact us at +1-801-451-3730. CONTACT US Unless we tell you otherwise, you can notif y us: · by phone at I-800-347-3085 or · in writing to Discover, P.O.Box 30943, Salt Lake City, UT84130-0943.When writing, pleaseinclude your name, address, home phone number and Account number. You must contact us within 15daysafter changing your email address, mailing address or phone number. DEFINITIONS "Account" "Check" meansyour Discovercardaccount. meansany check we sendtoyoutoaccessyour Account. "Affiliate" "PricingSchedule" meansour parentcorporations,subsidiariesandaffiliates. meansthe document entitled "PricingSchedule','whichliststheAPRsthat User" apply to your Account andotherimportantinformation. "Authorized meansanypersonyou authorizeto useyour Account or a Card,whether you Rate" notif y usor not. "Prime meansthe highestrate of interestlistedasthe U.S.Primerateinthe MoneyRates Transfer" sectionof the online WallStreetJournal¶www.ws).com)on the lastbusinessday of the month. "Balance meansabalancetransferredfrom anothercreditor to your Account. "Card" "Purchase" meansany one or more Discovercardsissuedto youor someoneelsewith your meansthe useof your Account to purchaseor leasegoodsor servicesat authorization. participatingmerchants. Advance" "We,""us" "Cash meansthe useof your Account for: and"our"refer to DiscoverBank,theissuerof yourCard. "You," "yours" referto - obtaining cashfrom participatingautomated teller machines,financialinstitutionsor other "your"or you and anyother person(s)whoare alsocontractuallyliable locations;and under thisAgreement. Date" · online gambling,or to purchaselottery tickets, money orders,casinochips,foreign currency "Transaction meansthe date shownonyour billingstatement for atransactionor fee. or similaritems. ARBITRATION Agreement to Arbitrate. In the event of a dispute between whether you are covered by the MilitaryLending Act, please YourandOurRightToGoToSmallClaimsCourt. Youandwe will you and us arising out of or relating to this Account or the contact us at 1-844-DFS-4MIL(I-844-337-4645)or if you are not choose to arbitrate any individualClaimyou or we bring in relationshipsresultingfrom this Account or any other dispute callingfromoutside the USat+1-801-451-3730. smallclaimscourt (or an equivalentcourt). Thismeansyou or between you or us,including,for example,a dispute basedon we maybring an action in smallclaimscourt (or an equivalent afederalor statestatuteor localordinance("Claim"),eitheryou CLASSACTIONWAlVER. ARBITRATION MUSTBE ON AN court) without being subjecttoarbitration. However,if aClaim or we may chooseto resolvethe Claim by bindin arbitration, INDIVIDUAL BASIS.THISMEANSNEITHER YOUNORWEMAY is transferred,removed,or appealedfrom smallclaimscourt to asdescnbedbelow,1nsteadof incourt. AnyClaim exceptfor a JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR a different court, or if any Claimbrought in smallclaimscourt Claimchallengingthe validityor enforceabili of t isarbitration AGAINSTOTHERCARDMEMBERS, ORLITIGATE INCOURTOR exceeds the small claims court limit, you or we may then agreement,includingthe ClassActionWaive mayberesolved ARBITRATE ANYCLAIMSASA REPRESENTATIVE ORMEMBER chooseto arbitrate. by binding arbitrationif either party requests . THISMEANS IF OFACLASSORINAPRIVATE ATTORNEY GENERAL CAPACITY. EITHERYOUORWECHOOSEARBITRATION, NEITHERPARTY Goveming Law and Rules. This arbitration a reement is WILL HAVETHERIGHTTOLITIGATESUCHCLAIMIN COURT · OR TO HAVEA JURYTRIAL.ALSODISCOVERY ANDAPPEAL The arbitrator may award injunctive relief only in favor of 9overned by the FederalArbitrationAct FA Arbitration the individual part seeking relief and only to the extent must proceed only with the AmericanAr itratio Association RIGHTSARELIMITEDIN ARBITRATION rThe r9u 9fotr Evenif allpartieshaveopted to litigateaClaimin court ou or essa y t i reliefwarran d b that pa 's ndiv ual (r and t e ro edu s oÎ the AAA b t we may elect arbitraton with respect to an Claimma e by a the rulesin tÎis arbitrationagreementwill be followed if there new party or anynew Claimslaterassertedi thatlawsut. public injunctiverelief. I a court decides that applicablelaw precludesenforcement of any of this paragraph'slimitations is disa reement between the agreement and the AAA's asto aparticularClaimfor relief,then after alla pealsfrom that Proce ures. If the AAA'sprocedureschange after the Claim when the Claim was filed Thisarbitrationa reement does not apply if, on the date you decisionhavebeen exhausted,that Claim an only that Claim) is filed, the procedures in effect submit your Appication or on the date we seek to invokethis must be severedfrom the arbitrationan ma be brought in willapply. arbitrationagreement,youareamember of the Armed Forces court. Only a court, and not an arbitrator,shal determine the or a dependent of such a member covered by the federal validity,scope,andeffectof the ClassActionWaiver. MilitaryLending Act. If you would likemore informationabout -3- FILED: YATES COUNTY CLERK 08/04/2023 12:37 PM INDEX NO. 2023-5198 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/04/2023 ARBITRATION Fora copy of the AAA'sprocedures,to file a Claimor for other was genuinelyin dispute,then either you or we may chooseto their officers, directors and employees; any third party co- information, please contact the AAA at 1101Laurel Oak 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 reject the entire originalaward and all joint Accountholders and Authorized Usersof your or anypart of it. Theappealmustbe filedwith the AAAnot later Account(s). If the AAA is completely unavailable,and if you andwe cannot than 30 daysafter the originalawardissues.Appealcosts will agreeon a substitute,then eitheryou or we may requestthat a be allocatedconsistentwith the AAA'sConsumerArbitraton Survivalof this Agreement. Thisarbitrationagreement shall court with jurisdictionappointasu stitute. RulesandDueProcessProtocol. survive . closingof your Account· Feesand Costs. If you wishto begin arbitrationagainstus but A arbitration award m be enforced (such as through a . voluntarypaymentof yourAccountor any partof it· o ts and ca ob an a aver of cos s f or g f om a a itra ms ap o . anrega dngs Wehm p owe t at arbitration.Nofinding, award,or judgment from any other . anybankruptcyby you;and will advancethose costs if ou askus in writing andare acting . anysale,assignment,or transferby usof yourAccount. in good faith. Any request ikethis should be sent to Discover, arbitrationshalhmpactthearbitrationof any Claim. P.O.Box 30421,Salt LakeCity,UT 84130-0421.If you losethe arbitration, the arbitrator will decide whether you must ClaimNoticeandSpecialPayment.If you havea Claim,before YouHavethe RI ht to RejectArbitrationfor this Account.You reimburseusfor moneyweadvancedfor ou for the arbitration. initiating an arbitration proceeding, ou may give us written mayrejectthe ar itrationagreementbut onl if wereceivefrom Notice" If you win the arbitration,we will not ask or reimbursementof notice of the Claim ("Claim at least 30 days before you a written notice of rejectionwithin 30 aysof your receipt money we advanced.Additionally,ifyou win the arbitration,the initiating the arbitration proceeding. The Claim Notice must of the Cardafter your Account is opened.Youmust sendthe arbitrator ma decide that you are entitled to be reimbursed includeyour name,address.and account number and explain noticeof rejectionto:Discover,P.O.Box30938,SaltLakeCity,UT attorneys' your reasona le fees and costs (if actuallypaid by inreasonabledetailthe natureof the Claimand anysupporting 84130-0938. you .Thearbitratormayalsoallocatecompensation,expenses, facts. Any Claim Notice shallbe sent to us at Discover,P.O. an administrativefees(whichinclude filing and hearingfees) Box 794,Deerfield,IL6001 r suchother addressaswe shall Yourrejectionnotice must includeyour name,address,phone to anyparty uponthe arbitratorsdeterminationthat the party's subsequentlyprovidetoyo If,andonlyif,(1)yousubmitaClaim number,Account numberandpersonalsignature.Noone else claimor counterclaimwasfiled for purposesof harassmentor Noticein accordancewith isagreementon your own behalf is patentlyfrivolous. nd not on behalfof anyotherparty);and(2)an arbitrator,after may sign the rejection notice for you. Your rejection notice must not be sent with any other correspondence.Rejection inding in yourfavorin any respecton the mentsof your Claim, of arbitrationwill not affect your other rightsor res onsibilities Hearin s and Decisions.Arbitrationhearingswill take place in issuesyou an award that (excluding any arbitration fees or underthisA reement.If you reject arbitration,neit er you nor attorneys' the fe eraljudicialdistrictwhereyou live.A singlearbitratorwill feesandcosts awardedby the arbitrator)isgreater we willbe su ect tothe arbitrationagreementfor thisAccount. be appointed.Thearbitratormust: thanthe valueof Discover'slastwritten settlement offer made Rejection of bitration for this Account will not constitute bef re an a trat wa ect , then y u will b e i ed rejectionof any prioror future arbitrationagreement between . Followallapplicablesubstantivelaw,except when contradicted by the FAA; youan us. If you are entitled to the $7,500, ou will receive in addition · Followapplicablestatutesof limitations; attorneys' any arbitrationfees or ees and costs awarded by · Honorvalidclaimsof privilege;and the arbitrator. · Issueawritten decisionincludingthe reasonsfor the award. OtherBeneficiariesofthisAgreement.Inadditionto youandus, Thearbitrator'sdecisionwillbefinalandbindingexceptforany the rights anddutiesdescribed in this arbitrationagreement review allowed by the FAA.However,if more than $100,000 apply to: our Affiliates,successors,subsidiaries,andourand Your Billing Rights: ·Ifwedonotbelievetherewasamistake:Youwillhavetopaytheamount inquestion,alongwithapplicableinterestandfees.Wewillsendyoua Keep This Document For Future Use statementoftheamountyouoweandthedate aymentisdue.Wemay thenreportyouasdelinquentifyoudonotpayt eamountwethink youowe ThisnoticetellsyouaboutyourrightsandourresponsibilitiesundertheFair CreditBillin Act. Ifyoureceiveourexplanationbutstillbelieveyourbilliswron ,youmustwrite WhatToDo fYouFindAMistakeOnYourStatement tous(orvisithttps://discover.com/billingerrornotice)within1 daystellingus Ifyouthinkthereisanerroronyourstatement,writetousat: thatyoustillrefusetopay.Ifyoudoso,wecannotreportyouasdelinquent Discover withoutalsoreportin thatyouarequestioningyourbill,Wemusttellyouthe P.0.Box30421 nameofanyonetow omwereportedyouasdelinquent,andwemustlet SaltLakeCity,UT84130-0421. thoseorganizationsknowwhenthematterhasbeensettledbetweenus. YoumayalsocontactusontheWeb:https://discover.com/billingerrornotice Ifwedonotfollowalloftherulesabove, oudonothavetopaythefirst$500f InyourletterorontheWeb,pleasegiveusthefollowinginformation: theamountyouquestionevenifyourbiliscorrect. - Account information:Yournameandaccountnumber· YourRightsifYouAreDissatisfiedWithYourCreditCardPurchases - Dollar amount:Thedollaramountofthesuspectederror. - Description of problem:lfyouthinkthereisanerroronyourbill,describe Ifyouaredissatisfiedwiththegoodsorservicesthatyouhavepurchasedwith whatyoubelieveiswrongandwhyyoubelieveitisamistake. yourcreditcard,andyouhavetriedingoodfaithtocorrecttheproblemwith themerchant,youmayhavetherightnottopaytheremainingamountdue Youmustcontactus: onthepurchase. Within60daysaftertheerrorappearedonyourstatement. By5:00P.M.ETonthedateanautomatedpaymentisscheduled,ifyouwant Tousethisright,allofthefollowingmustbetrue: 1.Thepurchasemusthavebeenmadeinyourhomestateorwithin100miles tostoppaymentontheamountyouthinkiswrong.Youmustnotifyusofany potentialerrorsinwritingorelectronically.Youmaycallus,butifyoudowe ofyourcurrentmailingaddress,andthepurchasepricemusthavebeen morethan$50.(Note:Neitherofthesearenecessaryifyourpurchasewas arenotnecessarilyrequiredtoinvestigateanypotentialerrorsandyoumay havetopaytheamountinquestion. basedonanadvertisementwemailedtoyou,orifweownthecompany thatsoldyouthegoodsorservices.) WhatWillHappenAfterWeReceiveYourLetterorWebSubmission Whenwereceiveyourwrittenorelectronicnotice,wemustdotwothings· . 2.Youmusthaveused ourcreditcardforthepurchase.Purchasesmade withcashadvances romanATMorwithacheckthataccessesyourcredit 1.Within30daysofreceivingyournotice,wemusttellyouthatwereceivedit· cardaccountdonotqualify. Wewillalsotellyoulfwehavealreadycorrectedtheerror. Ifallofthecriteriaabovearemetandyouarestilldissatisfiedwiththepurchase, 2.Within90daysofreceivingyournotice,wemusteithercorrecttheerroror contactusinwritinoorelectronicallyat: explaintoyouwhywebelievethebilliscorrect. Discover Whileweinvestigatewhetherornottherehasbeenanerror: p.O.Box30945 · We cannot trytocollecttheamountinquestion,orreportyouasdelinquent SaltLakeCity,UT84130-0945 onthatamount· https://discover.com/billingerrornotice The chargeinquestionmaycontinuetoappearonyourstatement. Whileyoudonothaveto aytheamountinquestion,youareresponsiblefor Whileweinvestigate,thesamerulesapplytothedisputedamountasdiscussed theremainderofyourbaance. above.Afterwefinishourinvestigation,we willtellyouour decision.Atthat Wecanapplyanyunpaidamountagainstyourcreditlimit. point,ifwethinkyouoweanamountandyoudonotpay,wemayreportyou asdelinquent. Afterwefinishourinvestigation,oneoftwothin swillhappen: ·lfwemadeamistake;Youwillnothavetopayt eamountinquestionorany interest or otherfeesrelatedtothatamount. _4.