Preview
FILED: YATES COUNTY CLERK 12/28/2021 03:37 PM INDEX NO. 2021-5197
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/28/2021
AFFIDAVIT OF PURCHASE AND SALE OF ACCOUNT BY DEBT SELLER
(Debt Buyer Actions)
The undersigned, being duly sworn, deposes and says:
1. I am anemployee of Bluestem Brands, Inc. ("Debt Seller"), and I have personal knowledge of and access to
Bluestem Brands, Inc. books and records ("Business Records"), including electronic records, relating to a
pool of charged-off consumer credit accounts purchased by or assigned to Bluestem Brands, Inc. from
WEBBANK on June 21, 2019 (the "Purchase"), which included the accounts ("Accounts") of the consumers
("Consumers") identified in the exhibits attached hereto and incorporated herein. As part of the Purchase,
WEBBANK assigned all of its interest in the Accounts to Bluestem Brands, Inc., and it transferred Business
Records relating to the Accounts to Bluestem Brands, Inc. The receivables associated with the Accounts,
serviced by Bluestem Brands, Inc. on behalf of Santander Consumer USA, Inc., were likewise transferred
to 8luestem Brands, Inc. as part of the Purchase.
2. In my position, I also have personal knOwledge of Bluestem Brands, Inc. procedures for creating and
maintaining its Business Records, inc|üding its procedures relating to the purchase, sale and assignment of
consumer credit accounts. Bluestem Brands, Inc. Business Records were made in the regular course of
business, and it was the regular course of such business to make the Business Recó(ds. The Business
Records were made at or near the time of the events recorded. Based on my knowledge of Bluestem
Brands, Inc. 8usiness Records, I have personal knowledge of the facts set forth in this affidavit.
3. On June 27, 2019, Bluestem Brands, Inc. sold or assigned a pool of charged-off consumer credit accounts
to Jefferson Capital Systems, LLC (the "Sale"), which included the Accounts of the Consumers. At that
time, Bluestem Brands, inc. assigned all of its interest in the Accounts, including Santander Consumer
USA, Inc. interest in the receivables, and including the right to any proceeds from the Accounts, to
Jefferson Capital Systems, LLC. As part of the Sale, Business Records relating to the Accounts were
transferred to Jefferson Capital Systems, LLC. Prior to the Sale, those Business Records had been created
and maintained in the ordinary course of Bluestem Brands, Inc. business. A true and correct copy of the
bill of sale or written assignment of the Accounts is attached as an exhibit to this affidavit.
4. At the time of Sale, each Consumer owed the amount set forth opposite their name in an exhibit attached
hereto and made a part hereof, which also sets forth the amount of the charge-off balance and, the total
amounts, if applicable, of any post-charge-off interest and post-charge-off fees and charges, less any post-
charge-off credits or payments made by or on behalf of each respective Consumer.
The above statements are true and correct to the best of my personal kncw|edge.
Dated: June 27, 2019
Signature
Pmae Orr
Name
Sworn to before me this 27 day of June, 2019.
LINDAKAYELOGER
c Notary Public
My c Expires
Pub Jan 3L 2023
Notary
5CUSA- FF
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NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/28/2021
Affidavit of Facts and Sale of Account - Blanket Affidavit - JCAP
CERTIFICATE OF CONFORMITY
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The undersigned does hereby certify that he/she is an attorney at law duly admitted to practice in the State
of Minnesota, and is a resident of Heññepiñ county, in the State of Minesota; that
he/she duly is a person
qualified to make this certificate
of conformity pursuant to the laws of the State of Minesota; that the
foregoing acknowledgment by Philip Ott named in the foregoing instrument taken before Linda Loger a
notary in the State of Minnesota was taken on June 27*, 2019 in the manner prescribed by such laws of the
State of Minesota, being the State in which it was taken; and that it duly conforms with such laws and is
in all respects valid and effective in such state.
6/27/2019
Date J ie Wingent
Attorney Licensed to Practice in the State of Minesota
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FILED: YATES COUNTY CLERK 12/28/2021 03:37 PM INDEX NO. 2021-5197
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/28/2021
- RnTT- SCU3A
STANDAAD - 4.ORAr e BKECUTION
EXHIRTT B
ASSIGNMENT AND BILL'OF SAI
, Bluestem Brands, Inc. (for itself and as agent for Santander Consumer ÚSA Inc., collectively
"Seller") has entered into a Purchase Agreement ("Agreement") dated February 19, 2019 for the sale of
accounts and associated receivables, described in Schedule 1 hereto ("Purchased Accounts"), to Jefferson
Capital Systems, LLC("Buver") upon the terms and ce-ditions set forth in that Agreement.
This ASSIONMENT AND BILL OF SALE is for the Purchased Accounts, as further described in
Schedule 1 which is hereby included by mference, delivered by Seller to Buyer on June 27, 2019 with a
Closing Date of June 27, 2019.
NOW, THEREFORE, for good and valuable comide.ion, Seller hereby sells, assigns and
transfers to Buyer all rights, title and interest in each and every one of the Purchased Accounts descebed
in the Agreement.
This ASSIGNMENT AND BILL OF SALE is executed without recourse or warranties except as
stated and provided for herein and within the Agreement. All of the information contained in Seller's
Accounts Information (a) constitutes Seller's own business records regarding the Purchased Accounts and
(b) accurately reflects in all material aspects the information about the Pumhased Accounts in Seller's
possession. All of Seller's Accounts Information has been kept in the regular course of Seller's business,
and was made or compiled at or near the time of the event and recorded by (or fmm information tranmnitted
by) a person (i) with knowledge of the data entered into and m±½e.d in Seller's business scords or (ii)
who caused the data to be entend into and maintained in Seller's business records. It is the mgular practice
of Seller's business to maintain and compile such data.
IN WITNESS WHEREOF, Seller has signed and delivered this ins-ment on the june 27, 2019.
Seller·
Bluestem Brands, Inc.
7075 Flying Cloud Dr
Eden Prairie, MN 55344
By:
Richard J. Winshi ..
SVP, Cadit Operations, Credit Management
Santander Consumer USA Inc.
By: Bluestem Brands, Inc., as agent
By:
Richani J. W p
SVP, Credit Operations, Credit agement
Page 3
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FILED: YATES COUNTY CLERK 12/28/2021 03:37 PM INDEX NO. 2021-5197
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/28/2021
STANDARD- - 4.0KAP•
FHUT- SCUSA ERECUTION
EXHIBIT E
AFFIDAVIT OF SALE OF ACCOUNT
BY DEBT SELLER
State of Minnesota
County of Hennepin
Richard J. Winship being duly swom, deposes and says:
I am over
18 and not a party to this action. 1 am the SVP, Credit Operations, Credit Management
of Bluestem Brands,·Inc., ("Bluestem"). In that capacity, I am a custodian of certain books and records of
Bluestem and certain of its subsidiaries and affiliates (altogether, "Debt Seller"), and am aware of the
process of the sale and assignacnt of electronically stored business reconts.
Bluestem owns certain accounts, and maintains and records information in the records as they relate
to such accounts. I am authorized to make the stateinents and represeintations set forth in this affidavit on
behalf of Bluestem. Bluestem is the agent of Santander Consumer USA Inc. ("SCUSA"). SCUSA owns
certain receivables associated with the accounts, and Bluestem maintains and records information in the
records as they relate to such receivables. I am authorized to make the statements and representations set
forth in this affidavit on behalf of SCUSA. The statements set forth herein are true and correct to the best
of my knowledge, information, and belief, based on either personal knowledge or review of the business
acords of the Bluestem.
As a custodian of records for Bluestem my duties include having knowledge of, and access to,
business records relating to the Accounts and Receivables (as defined below). Theseby records are kept
Bluestem in the mgular course
of business, and it was in the regular course of business of Bluestem for an
employee or representative with personal knowledge of the act, event, conditica or opinion recorded to
make mcmorandum or records or to tansmit infonnation thereof to be included in such ma-a½n or
ram±; and that the records were made at or near the time of the act and/or event recorded or reasonably
soon thereafter.
On June 27, 2019, Bluestem sold a pool of charged-off accGüñ:s ("Accounts") by a Purchase and
Sale Agreement and a Bill of Sale to Jefferson Capital Systems, LLC ("Buver"). WebBank had previously
sold, assigned and conveyed the Accounts to Bluestem pursuant to a Bill of Sale and Assignment, as
strached hereto and incorporated berein by reference.
Original Creditor
The original creditor was CIT Bank for accounts originated between September 29, 2003 and
February 16, 2010. (CIT previously sold, assigned and conveyed the Accounts originated prior to February
17, 2010, to MetaBank pursuant to an Account Transfer Agreement dated February 5, 2010) ("Ç_E
Agreement").
MetaBank for accoüñts originated between February 17, 2010 and June 30, 2012 or WebBank for
accounts criginated between July 1, 2012 and the present. (MetaBank previously sold, assigned and
conveyed to WebBank the Aceunu e:iginstad prior to July 1, 2012, pursuant to an Account Transfer
Agreement dated June 28, 2012) ("MetaBank Ajpeement").
WebBank is the original creditor for all Accounts that were originated after July 1, 2012.
Page 9
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FILED: YATES COUNTY CLERK 12/28/2021 03:37 PM INDEX NO. 2021-5197
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/28/2021
- 4.0JCAP.
STANDARD-RAfr-SCUSA arecunon
.Sale and Transfer of Receivabig
WebBank had previously sold, assigned and conveyed the Receivables to Bluestem pursuant to a
Bill of Sale, dated June 21, 2019.
SCUSA purchases the receivables associated with the underlying charged-off accounts from
Bluestem.
On June 27, 2019, Bluestem, as agent for SCUSA, sold the receivables associated with the
underlying charged-off accounts CReceivables") by a Purchase Agreement and related Bill of Sale to
Buyer. (Bluestem has all rights and authority. to sell, assign and convey said Receivables to Buyer as agent
for SCUSA).
Sale and Transfer of Accounts
Bluestem is the sole and absolute owner of, and has good and marketable title to, each of the
Accounts, which includes the right to enforce, file suit, collect, settle or take any similar action.
Pursuant to the sale, Debt Seller sold, transferred, assigned, conveyed, granted, bargained, set over
and delivered to Buyer and its successors and assigns, good and marketable title to the Accounts and
associated Receivables and any unpaid balance free and clear of any encumbrance, equity, lien, pledge,
charge, claim or security interest. I am not aware of any errors in the Accounts or the associated
Receivables.
In connection with the sale of the Accounts and the Receivables, electronic and other records were
transferred to or otherwise made available to the Buyer ("Transferred Records"). The Transferred Records
are kept by Bluestem in the regular course of business, and it was in the regular course of business of
Bluestem an employee or representative with personal knowledge of the act, event, co=dition, or opinie
recorded to make memorandum or reconis or to tr==mit infe:-...a'ie thereof to be included in such
mememndum or records; and that the records were made at or near the time of the act and/or event recorded
or reasonably soon thereafter. To the extent that the Tensfe-d Records include records that were prepared
by a third party, they are records that were incorporated into the records of Bluestem as a business record
and the accuracy of such records are relied upon by Bluestem in the regular course of business.
The above statements are true to the best of my knowledge.
Signed this June 27, 2019.
Richard J: W ashi
Credit Credit Management --
SVP, Operations,
Subscribed and sworn to before me this 27 day of June, 2019 by SVP, Credit Operations, Credit
Management of Bluestem.
rA7 UNoAavnoGUi- -
WWyP Uc d
manean.
mycomnessumexøm
J.n31.2023
Page 10
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FILED: YATES COUNTY CLERK 12/28/2021 03:37 PM INDEX NO. 2021-5197
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/28/2021
evidence priororalagreement
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Preview
FILED: YATES COUNTY CLERK 12/28/2021 03:37 PM INDEX NO. 2021-5197 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/28/2021 AFFIDAVIT OF PURCHASE AND SALE OF ACCOUNT BY DEBT SELLER (Debt Buyer Actions) The undersigned, being duly sworn, deposes and says: 1. I am anemployee of Bluestem Brands, Inc. ("Debt Seller"), and I have personal knowledge of and access to Bluestem Brands, Inc. books and records ("Business Records"), including electronic records, relating to a pool of charged-off consumer credit accounts purchased by or assigned to Bluestem Brands, Inc. from WEBBANK on June 21, 2019 (the "Purchase"), which included the accounts ("Accounts") of the consumers ("Consumers") identified in the exhibits attached hereto and incorporated herein. As part of the Purchase, WEBBANK assigned all of its interest in the Accounts to Bluestem Brands, Inc., and it transferred Business Records relating to the Accounts to Bluestem Brands, Inc. The receivables associated with the Accounts, serviced by Bluestem Brands, Inc. on behalf of Santander Consumer USA, Inc., were likewise transferred to 8luestem Brands, Inc. as part of the Purchase. 2. In my position, I also have personal knOwledge of Bluestem Brands, Inc. procedures for creating and maintaining its Business Records, inc|üding its procedures relating to the purchase, sale and assignment of consumer credit accounts. Bluestem Brands, Inc. Business Records were made in the regular course of business, and it was the regular course of such business to make the Business Recó(ds. The Business Records were made at or near the time of the events recorded. Based on my knowledge of Bluestem Brands, Inc. 8usiness Records, I have personal knowledge of the facts set forth in this affidavit. 3. On June 27, 2019, Bluestem Brands, Inc. sold or assigned a pool of charged-off consumer credit accounts to Jefferson Capital Systems, LLC (the "Sale"), which included the Accounts of the Consumers. At that time, Bluestem Brands, inc. assigned all of its interest in the Accounts, including Santander Consumer USA, Inc. interest in the receivables, and including the right to any proceeds from the Accounts, to Jefferson Capital Systems, LLC. As part of the Sale, Business Records relating to the Accounts were transferred to Jefferson Capital Systems, LLC. Prior to the Sale, those Business Records had been created and maintained in the ordinary course of Bluestem Brands, Inc. business. A true and correct copy of the bill of sale or written assignment of the Accounts is attached as an exhibit to this affidavit. 4. At the time of Sale, each Consumer owed the amount set forth opposite their name in an exhibit attached hereto and made a part hereof, which also sets forth the amount of the charge-off balance and, the total amounts, if applicable, of any post-charge-off interest and post-charge-off fees and charges, less any post- charge-off credits or payments made by or on behalf of each respective Consumer. The above statements are true and correct to the best of my personal kncw|edge. Dated: June 27, 2019 Signature Pmae Orr Name Sworn to before me this 27 day of June, 2019. LINDAKAYELOGER c Notary Public My c Expires Pub Jan 3L 2023 Notary 5CUSA- FF 1 of 13 FILED: YATES COUNTY CLERK 12/28/2021 03:37 PM INDEX NO. 2021-5197 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/28/2021 Affidavit of Facts and Sale of Account - Blanket Affidavit - JCAP CERTIFICATE OF CONFORMITY STATE OF MINNESOTA COUNTY OF HENNEPIN The undersigned does hereby certify that he/she is an attorney at law duly admitted to practice in the State of Minnesota, and is a resident of Heññepiñ county, in the State of Minesota; that he/she duly is a person qualified to make this certificate of conformity pursuant to the laws of the State of Minesota; that the foregoing acknowledgment by Philip Ott named in the foregoing instrument taken before Linda Loger a notary in the State of Minnesota was taken on June 27*, 2019 in the manner prescribed by such laws of the State of Minesota, being the State in which it was taken; and that it duly conforms with such laws and is in all respects valid and effective in such state. 6/27/2019 Date J ie Wingent Attorney Licensed to Practice in the State of Minesota 2 of 13 FILED: YATES COUNTY CLERK 12/28/2021 03:37 PM INDEX NO. 2021-5197 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/28/2021 - RnTT- SCU3A STANDAAD - 4.ORAr e BKECUTION EXHIRTT B ASSIGNMENT AND BILL'OF SAI , Bluestem Brands, Inc. (for itself and as agent for Santander Consumer ÚSA Inc., collectively "Seller") has entered into a Purchase Agreement ("Agreement") dated February 19, 2019 for the sale of accounts and associated receivables, described in Schedule 1 hereto ("Purchased Accounts"), to Jefferson Capital Systems, LLC("Buver") upon the terms and ce-ditions set forth in that Agreement. This ASSIONMENT AND BILL OF SALE is for the Purchased Accounts, as further described in Schedule 1 which is hereby included by mference, delivered by Seller to Buyer on June 27, 2019 with a Closing Date of June 27, 2019. NOW, THEREFORE, for good and valuable comide.ion, Seller hereby sells, assigns and transfers to Buyer all rights, title and interest in each and every one of the Purchased Accounts descebed in the Agreement. This ASSIGNMENT AND BILL OF SALE is executed without recourse or warranties except as stated and provided for herein and within the Agreement. All of the information contained in Seller's Accounts Information (a) constitutes Seller's own business records regarding the Purchased Accounts and (b) accurately reflects in all material aspects the information about the Pumhased Accounts in Seller's possession. All of Seller's Accounts Information has been kept in the regular course of Seller's business, and was made or compiled at or near the time of the event and recorded by (or fmm information tranmnitted by) a person (i) with knowledge of the data entered into and m±½e.d in Seller's business scords or (ii) who caused the data to be entend into and maintained in Seller's business records. It is the mgular practice of Seller's business to maintain and compile such data. IN WITNESS WHEREOF, Seller has signed and delivered this ins-ment on the june 27, 2019. Seller· Bluestem Brands, Inc. 7075 Flying Cloud Dr Eden Prairie, MN 55344 By: Richard J. Winshi .. SVP, Cadit Operations, Credit Management Santander Consumer USA Inc. By: Bluestem Brands, Inc., as agent By: Richani J. W p SVP, Credit Operations, Credit agement Page 3 3 of 13 FILED: YATES COUNTY CLERK 12/28/2021 03:37 PM INDEX NO. 2021-5197 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/28/2021 STANDARD- - 4.0KAP• FHUT- SCUSA ERECUTION EXHIBIT E AFFIDAVIT OF SALE OF ACCOUNT BY DEBT SELLER State of Minnesota County of Hennepin Richard J. Winship being duly swom, deposes and says: I am over 18 and not a party to this action. 1 am the SVP, Credit Operations, Credit Management of Bluestem Brands,·Inc., ("Bluestem"). In that capacity, I am a custodian of certain books and records of Bluestem and certain of its subsidiaries and affiliates (altogether, "Debt Seller"), and am aware of the process of the sale and assignacnt of electronically stored business reconts. Bluestem owns certain accounts, and maintains and records information in the records as they relate to such accounts. I am authorized to make the stateinents and represeintations set forth in this affidavit on behalf of Bluestem. Bluestem is the agent of Santander Consumer USA Inc. ("SCUSA"). SCUSA owns certain receivables associated with the accounts, and Bluestem maintains and records information in the records as they relate to such receivables. I am authorized to make the statements and representations set forth in this affidavit on behalf of SCUSA. The statements set forth herein are true and correct to the best of my knowledge, information, and belief, based on either personal knowledge or review of the business acords of the Bluestem. As a custodian of records for Bluestem my duties include having knowledge of, and access to, business records relating to the Accounts and Receivables (as defined below). Theseby records are kept Bluestem in the mgular course of business, and it was in the regular course of business of Bluestem for an employee or representative with personal knowledge of the act, event, conditica or opinion recorded to make mcmorandum or records or to tansmit infonnation thereof to be included in such ma-a½n or ram±; and that the records were made at or near the time of the act and/or event recorded or reasonably soon thereafter. On June 27, 2019, Bluestem sold a pool of charged-off accGüñ:s ("Accounts") by a Purchase and Sale Agreement and a Bill of Sale to Jefferson Capital Systems, LLC ("Buver"). WebBank had previously sold, assigned and conveyed the Accounts to Bluestem pursuant to a Bill of Sale and Assignment, as strached hereto and incorporated berein by reference. Original Creditor The original creditor was CIT Bank for accounts originated between September 29, 2003 and February 16, 2010. (CIT previously sold, assigned and conveyed the Accounts originated prior to February 17, 2010, to MetaBank pursuant to an Account Transfer Agreement dated February 5, 2010) ("Ç_E Agreement"). MetaBank for accoüñts originated between February 17, 2010 and June 30, 2012 or WebBank for accounts criginated between July 1, 2012 and the present. (MetaBank previously sold, assigned and conveyed to WebBank the Aceunu e:iginstad prior to July 1, 2012, pursuant to an Account Transfer Agreement dated June 28, 2012) ("MetaBank Ajpeement"). WebBank is the original creditor for all Accounts that were originated after July 1, 2012. Page 9 4 of 13 FILED: YATES COUNTY CLERK 12/28/2021 03:37 PM INDEX NO. 2021-5197 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/28/2021 - 4.0JCAP. STANDARD-RAfr-SCUSA arecunon .Sale and Transfer of Receivabig WebBank had previously sold, assigned and conveyed the Receivables to Bluestem pursuant to a Bill of Sale, dated June 21, 2019. SCUSA purchases the receivables associated with the underlying charged-off accounts from Bluestem. On June 27, 2019, Bluestem, as agent for SCUSA, sold the receivables associated with the underlying charged-off accounts CReceivables") by a Purchase Agreement and related Bill of Sale to Buyer. (Bluestem has all rights and authority. to sell, assign and convey said Receivables to Buyer as agent for SCUSA). Sale and Transfer of Accounts Bluestem is the sole and absolute owner of, and has good and marketable title to, each of the Accounts, which includes the right to enforce, file suit, collect, settle or take any similar action. Pursuant to the sale, Debt Seller sold, transferred, assigned, conveyed, granted, bargained, set over and delivered to Buyer and its successors and assigns, good and marketable title to the Accounts and associated Receivables and any unpaid balance free and clear of any encumbrance, equity, lien, pledge, charge, claim or security interest. I am not aware of any errors in the Accounts or the associated Receivables. In connection with the sale of the Accounts and the Receivables, electronic and other records were transferred to or otherwise made available to the Buyer ("Transferred Records"). The Transferred Records are kept by Bluestem in the regular course of business, and it was in the regular course of business of Bluestem an employee or representative with personal knowledge of the act, event, co=dition, or opinie recorded to make memorandum or reconis or to tr==mit infe:-...a'ie thereof to be included in such mememndum or records; and that the records were made at or near the time of the act and/or event recorded or reasonably soon thereafter. To the extent that the Tensfe-d Records include records that were prepared by a third party, they are records that were incorporated into the records of Bluestem as a business record and the accuracy of such records are relied upon by Bluestem in the regular course of business. The above statements are true to the best of my knowledge. Signed this June 27, 2019. Richard J: W ashi Credit Credit Management -- SVP, Operations, Subscribed and sworn to before me this 27 day of June, 2019 by SVP, Credit Operations, Credit Management of Bluestem. rA7 UNoAavnoGUi- - WWyP Uc d manean. mycomnessumexøm J.n31.2023 Page 10 5 of 13 FILED: YATES COUNTY CLERK 12/28/2021 03:37 PM INDEX NO. 2021-5197 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/28/2021 evidence priororalagreement of anyalleged orofanalleged oralagreement contempeaneous Youhaveto right10optoutoftis Arbitralim butyoumayonlydosointhefirst30days pmvision, between youandvs. afterthefirsttransactionis posted toyourAccount.In ordertooptout,youmustwriteusatWebBank/ Fingerhut P.0.Box1250, StCloud,MN56395-1250. Youmustinformusofyourdecision WebBank Please Arbitration. review carefully. thisprovision It provides thatanydisputemayberesolved ArbNradon, bybindingarbitration. Arbitration therighttogotocourtandtherighttohavea jury replaces tooptout,andsignthenotice. Credit Ac decidea dispute. Underthisprovisim,pur rightsmaybesubstantidy limitedintheeventof ThisArbitration provision shansurvive repaymentofyourextensim ofcreditandterminaonofpur adispule.YoumayoptoutofthisArbitration Byaccepling thisAgreement,unless provisionbyfolowing youoptoutbyfogowing theinslructions theinstructions below. below,pu agree that Account. ThisArbitralim pened bytheFederal provision ismadeinconnec6on Arbilration Act,9 USC Sections withinterstate I through commerce, andshalbe 16.II anypartofthisArbitratim Di spaces ¾ Agame wNcWe intended wit FW forto agreed1 eitheryouorwe,atoursolediscretion, canchoose tohaveanydispute arisingoutoforrelating provision isdetenninedtobevoidor unenfeceaMe, thenthisentireAmitrationprovision shalbe nulandvoid;however, atthetimeyousignit,Youackno tothisAgreement orourrelationship resolved bybindingarbRration. Ifarbration ischosen considered it shaHnotaffectthevalidity oftherestofthisAgreement byany records. party,neitheryounorwewillhavetherighttolitigate thatdisputeincourtortohaveajurytrial CreditBureau Disputes.If youbelieveweinaccurately credithistory reported information about onthatdispute. Pre-a±±tion diccove= willbepennitted rules. YoucanuseyourAccount topurch onlyasaHowed bythea$itradon youoryourAccount toacreditreporting callusat1-866-734-0342 agency, orwritetousat Credit Inaddition, youwillnothavetherighttoparticipate asarepresentative ormember ofanyclassof BreauReporting Seivices,P.0.Box1250,StCloud,MN56395-1250. Pleaseincludea copyofthe claimants toanydispute pertaining subject ioarbitration. Thearbilrator'sdecisionwil generallybe creditrepstrellecting theinformationthatyoubelieve isinaccurale. linalandbinding.0therrightsthatpu would haveifyouwenttocostmayalsonotbeavailable in kg me ofpw A Ye m AAAccounls,including CaAlornia andUtahResidents: Asrequired byapplicaMe law,youarehereby YouandWebBakwigb purposes. arbitration. ItisimportantthatyoureadtheentireArbitration provisioncarefullybeforeaccepting thatanegative notified creditreportreflecting onyourcreditrecord maybesubmittedtoacredn posted toyourAccount to termsoftis Agreemnt ifyoufailtofulfillthetermsofyourcredobligadons. agency reporting Forpurposes ofthisArbitration "dispute" InthisAgreement,andin yourmo provision, shallbeconstrued asbroadly aspossible,and AAAccosts,includingNewYork#lhode IslandNermet Residents:YouagreetogiveWebBank refertoallpersonsnamedonthec shalinclude anyclaim, disputeor controversy(whether incontract,regulatory,tortorotherwise, permission toaccessyoscreditreportinconnection withanyIransactis, orextusionofcredit, whether present pre-existing, or futureandincluding castitutional,statutory,common law, acceptanceforms,andthewants" andonanongoingbasis,1or thepmpose ofreviewing yourAcemmt, thecreditlimitonpur adjusting andassigns) successors An stentional tortandequilaMe claims) misingfromorrelatingtothisAgreement, thecreditoffered agenls, AccaM,kkingageds adm a yar Accumt, Wfu my obs legidmde orprovided to you,orthegoods orservices youpurchase;theactions us,orthird of yourself, wilhyourAccoutAlimony, childsuppetorseparate maintenance payments pmpsesasseided need notberevealed if You We We promM orthevalidity parties; ofthisAgreement orthisArbitration pmvision. Itincludesdisputes brought alowtouseyourAccount;(b)inte youdonotwantustoconsider kindetermining yourcreditworthiness.Uponyourrequest,youwillbe ascounterclaims,crossclaims, orthirdpartyclaims. Apartythathasbrought adispute inacourt Agamat ortat you(wanyouyo ofwhether informed ornotaconsumer credH reportwasordered, andifit was,youwillbegNen the attomeys' mayelecttoarbitrateanyotherdispute thatmayberaised inthatlitigation.Disputesbrought as name andaddress oftheconsumer thatfumished thereportNewYorkresidents and feestotheextentpe (non- reportingagency partofaclassaction orotherrepresentativebasisaresubjecttoarbitraononanindividual pm Account isajointaccent,alljo maycontacttheNewYorkStateBanking Department 1-800-518-8866. basis. class,non-representative) IFYOU DONOT OPT GUT, THENYOU WILLHAVEWAlVED YOUR foral amentsdueade responsible Residents· Connecticut Damages beimposed if a checkis dishonored. RIGHTTOINDICATE ORPARTICIPATE INACLASS ACTIONRELATED TOTHISAGREEMENT.Inthis may ConnecticutGeneral "we," "us," "our" § 52-565a Slatules ourcollection mthorizes ofdamages fordishonored checks;criminalpenalties Arbitration thewords provision, and shalinclude WebBankad anyassigues assignyouacreditlim , andwewi ofanyofWebBank's anymerchant rights, fromwhichyoupurchased orservices goods usingyour mayalsoapply' nottoexceed thecreditlimitthatwe Account,aswelastheirrespective affiliates, servicers, employees, andfurther agents, assigns. Maryland Residents: lawrequires Maryland thatNyousendusawrKten request aboutthestatus thecreditimit,wemaydecline itorw underthisArbitration ofyourAccountandwedonotanswer thatrequest within60daysafterwereceiveH,youarenot Anyarbitradon provision shallbeadministered bytheAmerican Arbitration Youwillbeobligated topayanyam Association undertherulesapplicabletotheresolution ofconsumer disputesin effect regaredtopayafinacechargeforthat60dayperiod oruntilweanswer. ofthisAgreement Wereserve ther ("AAA") whenthedispute isfiled.Theasilratorshalhavenoautholitytohearanydispules onadass Missomi Residents· I youprepayyourAccount in ful, youmaybeentiged toarefund made onpur WebBaF ofcerlain payment(s) actinorrepresentative basis. Neitheryounorwemaycasolidate orjointhedisputes ofother underMo.Rev. interest Stal§408.170. yourcredillimit,orsuspend orterm personswhomayhavesimilardisputes intoa singlearbitration, otherthanthedisputes ofor NewHampshire Residents: Reasonableattomey's feeswinbeawarded providenoticetoyoutotheextent re toyouif youprevalin(a) against jointaccount holders. YoumayobtainmlesandformsbycaHing theAAAat 1-800-778- sunor proceeding brought anyaction, byus,or (b)anyactkmbrought byyou.Ifyousuccessfuny Statements. WewillsendyouaSta 7879orvisigngwww.adr.org. Anyarbitration thatyouattend hearing willtakeplace i