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Filing # 159577525 E-Filed 10/26/2022 04:34:40 PM
IN THE COUNTY COURT OF THE 20TH JUDICIAL CIRCUIT
IN AND FOR CHARLOTTE COUNTY, FLORIDA
WELLS FARGO BANK, N.A.,
Plaintiff, CIVIL ACTION
vs.
CASE NO. 22001012CC
M G STEPHENSON, A/K/A MARION G STEPHENSON,
Defendant.
/
COMPLAINT FOR MONEY OWED
Plaintiff, Wells Fargo Bank, N.A., sues Defendant M G STEPHENSON a/k/a MARION G STEPHENSON
and alleges:
JURISDICTIONAL AND FACTUAL ALLEGATIONS
This is an action for money damages that exceed $8,000.00 but do not exceed $30,000.00, exclusive of fees
and court costs, for default under a credit account between Plaintiff and Defendant.
The Plaintiff is a corporate entity transacting business by and through the instrumentality of interstate
commerce by the issuance of credit and is entitled to prosecute this civil action under the laws of the State of
Florida. Plaintiff is the owner of the subject account for credit and is entitled to all sums due pursuant to the
terms and conditions of the credit agreement.
Upon information and belief, the Defendant is a resident of this County, within the jurisdiction and venue of
this Court, and is neither a minor, an incompetent person nor in the active military service of the United
States.
Plaintiff issued credit to the Defendant who agreed and promised to pay all amounts owed on the account,
including interest, fees and additional charges in accordance to the terms and conditions of the Agreement
provided to the Defendant pursuant to 15 USC 1637(a).
The subject account is now in default due to the Defendant's failure to pay the account in accordance with
the terms and conditions of the Agreement.
Plaintiff has satisfied all conditions precedent to receiving payment on the account.
The outstanding amount due and owing on the subject account is $10,814.88. A true and correct copy of the
transactions and purchases made by the Defendant are attached and incorporated herein as an exhibit to this
complaint.
No part of the outstanding debt has been paid. Plaintiff made demand for payment of the debt.
Notwithstanding such demand, no part of the debt has been paid by the Defendant. Plaintiff, through
counsel, attaches a Fair Debt Letter hereto in compliance with Rule 1.130 of the Fl. R. Civ. P., and Plaintiff,
through counsel, furthermore declines to make any allegations or averments on whether the Defendant
disputed the validity of the debt in response thereto.
Plaintiff is entitled to court costs and reasonable attorney's fees pursuant to the terms of the Agreement.
COUNT I - MONEY LENT
10 Plaintiff re-adopts and re-alleges the jurisdictional and factual allegations of this complaint as if fully set
forth herewith.
11. Plaintiff lent money to the Defendant in the form of the extension of credit.
12. Defendant accepted and used the credit offered by the Plaintiff for purchases charged to the account subject
to the terms and conditions pursuant to the Agreement.
13. Defendant defaulted on the credit issued by failing to pay Plaintiff according to the terms of the Agreement.
14. Defendant is indebted to the Plaintiff in the principal sum of $10,814.88.
WHEREFORE, Plaintiff demands judgment for money damages against Defendant including
reasonable attorney's fees, court costs, pursuant to the Agreement.
COUNT II - ACCOUNT STATED
15 Plaintiff re-adopts and re-alleges the jurisdictional and factual allegations of this complaint as if fully set
forth herewith.
16 At the time Defendant made the subject credit purchases, Defendant was rendered a transaction statement, a
copy being attached herein as an exhibit to the complaint and incorporated herein by reference.
17 Defendant agreed and/or did not object to the resulting balance on the transaction statement(s) due at the
time the account statement was received.
18. Defendant owes Plaintiff the principal sum of $10,814.88.
WHEREFORE, Plaintiff demands judgment for money damages against Defendant including
reasonable attorney's fees, court costs, pursuant to the Agreement.
COUNT III - UNJUST ENRICHMENT
19. Plaintiff re-adopts and re-alleges the jurisdictional and factual allegations of this complaint as if fully set
forth herewith.
20. This count of equity is plead in the alternative should this Court decide that there is no adequate remedy at
law.
21 Plaintiff has conferred upon the Defendant a monetary benefit in the form of credit to the Defendant.
22. Defendant had knowledge of the monetary benefit conferred by the Plaintiff upon Defendant's through the
credit issued by the Plaintiff.
23 The Defendant has voluntarily accepted and retained the monetary benefit conferred.
24 Defendant has not compensated Plaintiff for the benefit conferred and Defendant is unjustly enriched at the
expense of Plaintiff.
25 It would be inequitable for Defendant to retain the benefit without paying Plaintiff the value thereof.
26 The Defendant has been unjustly enriched at the expense and detriment of the Plaintiff in the sum of
$10,814.88.
WHEREFORE, Plaintiff demands judgment for money damages against Defendant including
reasonable attorney's fees, court costs, pursuant to the Agreement.
DESIGNATION OF PRIMARY E-MAIL ADDRESS
In accordance with Fla. R. Jud. Admin. 2.516(b)(1)(A), the undersigned attorney for the Plaintiff hereby
designates flcolservice@brockandscott.com as the primary e-mail address for service.
Dated October 18, 2022
JU. Pury
J.
FL bard. 01 67241
BROCK & SCOTT, PLLC
1315 Westbrook Plaza Drive
Winston-Salem, NC 27103
Telephone: (888) 461-7908
Telefax: (336) 354-1588
flcolservice@brockandscott.com
This communication is from a debt collector. This is an attempt to collect a debt,
and any information will be used for that purpose.
c\WFC33626
AFFIDAVIT
Plaintiff: Wells Fargo Bank, N.A. Case Number:
Defendant(s): MG STEPHENSON
Account Number Ending In: eH EEEEEEIN;
I, the undersigned affiant, first being sworn, declare and state as follows:
1 1am a Loan Workout Specialist of Wells Fargo Bank, N.A. (“Wells Fargo”) and am authorized
to sign this affidavit on behalf of Wells Fargo. If called to testify, | would competently testify
under oath as to the following:
I am over the age of eighteen and as part of my job responsibilities for Wells Fargo I have
personal knowledge of and am familiar with the types of records maintained by Wells Fargo for
the purpose of servicing credit accounts and procedures for creating those types of records.
The information in this affidavit is taken from Wells Fargo’s business records. The records are:
(a) made at or near the time of the occurrence of the matters recorded by persons with personal
knowledge of the informationin the business record, or from information transmitted by persons
with personal knowledge, and (b) kept in the course of Wells Fargo’s regularly conducted
business activities. It is the regular practice of Wells Fargo to create and maintain such records.
In connection with making this affidavit, I have acquired personal knowledge of the matters
stated herein by personally examining the business records related to the account (the
“Account”) that is the subject of the Complaint filed in this action.
Defendant(s) entered into an agreement for a ***####*3039 Account, wherein it was
stated that by either signing the agreement or using the Account, Defendant(s) accepted the
provisions of the agreement. A true and correct copy of the document evidencing the
agreement is attached hereto as Exhibit A.
The Defendant’s(s’) Account ends with *** #3039, The Account was credited with the
last payment received from the Defendant(s) on 10/17/2020 in the amount of $ 300.00. A true
and correct copy of the statement evidencing last payment/usage is attached hereto as Exhibit
B |'
The Defendant(s) has/have failed to remit payments due pursuant to the provisions of the Visa
Sig Cash Back Card agreement.
Page | of 2
MG STEPHENSON, Account Number Ending In *#****###*##3039
||
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7. As a result of the Defendant’s(s’) failure to remit payments, the balance has been accelerated
making the entire balance due and owing in accordance with the provisions of the agreement.
Wells Fargo is owed the sum of $10,814.88. A true and correct copy of the Accounts last
statement reflecting the balance due and owing is attached hereto as Exhibit C.
Wells Fargo has agreed to pay its attorneys a reasonable fee for services rendered in the above-
styled litigation.
I affirm, under penalty of perjury that the foregoing representations are true.
Executed this 2 day of Se » 20_22.
Prihted Name: Matthew P Froehiich
Title: Loan Workout Specialist
STATE OF IOWA
COUNTY OF DALLAS
Signed and sworn to (or affirmed) before me on this20 day of SEPT , 2022.by
(NuvttRen FROEH LICH, personally known to me OR produced identification
Type of identification produced:
ignatur Public
EVELYN J SICAN
:
. &
foHR
.
Commission Number 819207
Commission Expires
July 31, 2025
Page 2 of 2
MG STEPHENSON, Account Number Ending In see 3089
LGLCOEO01 (01/2022)
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bY-USS 610)
eumAL
Consumer Credit Card Customer
Agreement & Disclosure Statement
Visa Signature
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TABLE OF CONTENTS
Your Contract With-Us: Section 1 Page. 1
Using Your Account: Section 4 : Page:3
Changes. To. This Agreement: Section 10 Page 6:
Fees And Interest: Section 11 Page 6.
Billing Statements And Section 19 Page 9 |
Payments:
Other Important.Information: Section 21 Page 10
Arbitration: Section 31 Page 12
Your Billing Rights: Section 32 Page: 14
Active Duty Military Section 33 Page 15
Servicemembers‘and Their
Dependents.
Interpreter Certificat! Section 34 Page 16.
Notice To California Cardholders—~
To our California tomers who have discussed credit
card terms and conditions with us in Spanish, Chinese,
Korean, Vietnamese, or Tagalog
Read Section 34 about interpreter certification
before you activate your credit card.
Lea la Seccién 34 sobre certificacién de
intérprete antes de activar su tarjeta de crédito.
WUEHRBATZHRBS 34 WA) MRA,
HS2| ASAESS SISA] UO SHAt USO! St 344s
AOA] BEEELICH,
H&y doc Phan 34 vé xdc nhan théng dich vién truéc khi
quy vi kich hoat thé tin dung cua minh.
Basahin ang Seksyon 34 tungkol sa sertipikasyon ng
tagapagsaling-wika bago mo I-activate ang iyong credit
card
Your Contract With Us |
(1) Agreement. This contract for your credit
card account ("Account") includes the Credit Card
Agreement ("Agreement"), the Important Terms of
Your Credit Card Account and future amendments to
this Agreement. This Agreement is a contract between
Wells Fargo Bank, N.A. and each Account holder. You
and any joint Account holder accept the terms of this
Agreement by using or activating your Account. Please
read this Agreement carefully and keep it for your
records.
(2) Definitions
Page 1
A rate, shown as a percentage,
Annual used to calculate interest on the
balance on your Account,
Percentage Rate
(APR) |
The time period etween
billing statements. Each billing
Billing Cycle or
ing Period statement shows a statement
closing date which is the last day
of the Billing Cycle.
The transfer of a balance from
another credit account to your
Balance Transfer
Account, including the use of
a check that accesses your
Account.
Any cards we issue to you or any
Card devices we allow you to use to
access credit on your Account.
Use of your Card to get cash.
Examples include using your card
Cash Advance for Cash Advances through an
ATM, bank teller or Wells Fargo
Online, Overdraft Protection
advances, Balance Transfers,
or cash-like purchases such as
money orders, wire transfers,
traveler checks, foreign currency,
lottery tickets, casino chips, off-
track wagers, other wagers,
vouchers redeemable for cash or
similar items.
A device, other than your Card,
like SUPERCHECKS™ and mobile
Credit
devices, that we allow you to use
Access Device
to access credit on your Account.
A summary of your Account's
APRs, fees and other important
Important Terms
information.
of Your Credit
Card Account
The total amount you owe as of a
statement closing date.
New Balance
The sum of all unpaid amounts,
including Purchases, Cash
Outstanding
Advances, Balance Transfers,
Balance
interest, fees and any other
amounts that you may owe us.
The date the Minimum Payment
is due. It will be at least 25 days
Payment Due
Date
from the statement closing date
and will be provided on your
1
billing statement.
Use of your Account to buy or
lease goods or services. Cash
Purchase
Advances, Balance Transfers and
cash-like transactions are not
Purchases. Tax payments and
associated fees are Purchases.
This is the amount that is
available for your use.
Revolving Line Of
Credit
Wells Fargo Bank, N.A.
We, Us, and Our
The Account holder(s) who
opened the Account.
You and Your
Page 2
(3) Contacting You. You agree that we have your
consent to contact you at any phone number, email
address, or mailing address you provide for any
Wells Fargo account or at any number that you call
us from or at any number that we obtain by other
means. Your consent allows us and any.companies
working on our behalf to service your account, to
use any means to contact you including: automated
dialing devices, prerecorded/artificial voice messages,
mail, e-mail, text messages, push notifications, and
calls to your cell phone, or any other data or voice
transmission technology. You are responsible for any
service provider charges you may incur as a result
of us contacting you by any means, whether such
charges are related to text, data, equipment or other
plans. You will promptly notify us if you change any
contact information, including your name, mailing
address, e-mail addresses, or phone numbers, If
you have a joint Account, a notice to one of you will
serve as a notice to both of you. We may use voice
recognition technology to verify your identity when
you call. We may capture and store your voiceprint
for this purpose, We may monitor and record any calls
between you and us.
Usii r.
(4) Using Your Account.
You may use your.
consumer credit card Account for Purchases, Balance
Transfers, Cash Advances and any other transactions
we allow. You promise to use your Account only for
lawful personal, family, or household purposes. We
reserve the right to deny transactions or authorizations
from merchants who may be engaging in the internet
gambling business. We are not responsible for anyone
who refuses to accept your Card or any other Credit
Access Device, We may decline any transaction at ‘
any time. Your credit card may not be used to make a
payment on any other Wells Fargo credit account.
Cash Advances from ATMs. Cash Advances from
ATMs may be limited by amount or frequency. The ATM
owner may have additional restrictions. If the ATM
owner charges any fee, that fee will be included as
part of the total Cash Advance amount.
Cash Advances for Overdraft Protection. You may
elect to have an automatic Cash Advance from your
Account to cover an overdraft on a linked Wells Fargo
checking account. To cover an overdraft on a linked
Wells Fargo checking account, we will advance the
greater of
« the amount of your overdraft; or
. $25.00
Except if
* the amount of available credit on your Card is
less than the amount of the overdraft or less
than $25.00, we will then advance the amount of
available credit.
The APR and fees that apply to overdraft protection
advances are listed in the Important Terms of Your
Credit Card Account. Overdraft protection advances,
interest and fees may cause your Account balance to
exceed your revolving line of credit. If there is more
than one person listed on the checking account (such
as a joint checking account) that you have linked for
overdraft protection, then:
'
Page 3
* You will be responsible for all overdraft protection
advances regardless of which person writes the
check or engages in any other transaction (such as
a debit card purchase) that causes the overdraft;
and
You agree to allow us to disclose to any other
person on your checking account, that this Card
is linked to your checking account for overdraft
protection.
We reserve the right to cancel, suspend, or change
your overdraft protection service at any time, for any
reason.
Credit Access Devices. SUPERCHECKS can be used
to access your Account similar to writing a check on a
deposit account. SUPERCHECKS checks will post as a
Balance Transfer only when they are included with a
Balance Transfer offer. If a SUPERCHECKS check is not
included with a Balance Transfer offer it will post as a
Cash Advance, They will include transaction fees and
interest.
Some restrictions apply to SUPERCHECKS:
. They may not be written as payment on any Wells
Fargo account.
They may be used only by the person whose name
is printed on the check.
They must be written in U.S. dollars.
They cannot be certified.
You cannot file a claim against the bank when you
have a dispute with a merchant about payment
for property or services that you paid for using a
SUPERCHECKS check.
We reserve the right to put conditions on the use
of SUPERCHECKS checks and to reject, decline and
return unpaid any SUPERCHECKS check or advance
at our discretion.
Third Party/Mobile Devices. You or an authorized
user may be permitted to load your credit card to
an app on a smart phone, tablet or other electronic
device, such as, through a mobile wallet, which could
be used for purchases or’other transactions without
presenting the card. Any such Transactions are covered
by this Agreement. We have no control over the device
and cannot guarantee the performance of the device.
Additionally:
. You should protect the security of the device
the same as your credit card or other valuable
information.
There may be third party fees related to the
transaction such as mobile carrier data or
messaging charges.
We may, at any time, partially or fully restrict
your ability to make credit transactions through a
third party/mobile device. You agree to notify us
promptly if you remove or want to remove your
Account information from any third party/mobile
device.
(5) Authorized Users. If you wish to have an
additional Card issued in another person's name,
please contact us and we will send you a Card with the
name of the authorized person embossed on the front
of the Card. You are responsible for payment of the
entire amount owed to us, including any Purchases,
Page 4
Balance Transfers or Cash Advances (and all related
interest and fees) made by the authorized person.
Ending Authorized User Privileges. If you want to
end an authorized user's privilege to use your Account,
you must: |
. Recover and destroy that person's Card, If you do
not, you will continue to be liable foriany charges
made, even if you've advised us of your wish to
cancel the privileges, unless you tell us to cancel all
Cards and establish a new Account for you.
You must notify us of your request by contacting
us at the number on the back of your Card or by
mail at Wells Fargo Bank, N.A., P.O, Box 10347, Des
Moines, IA 50306.
In general, an authorized person Is not obligated on
this Account and is not liable for any Outstanding
Balance or any other charges made by you or by any
other authorized person. In the event of the death of
all fully liable cardholders, authorized users’ privilege
ends automatically, After that, if any person uses
the Card, such use indicates his or her agreement
to pay us, and we may, at our discretion, pursue the
person for payment of any Outstanding Balance or
any other charges they authorize. You agree to notify
each authorized person that they are subject to all
applicable sections of this Agreement.
Information about Authorized Users. You agree
to give us certain personal information about each
authorized user. You must have permission from each
authorized user allowing you to give us that personal
information. This may include name, address, social
security number, date of birth and citizenship.
(6) Lost or Stolen Cards and Liabili for
Unauthorized Use, and Zero Lia! y Protection.
You must notify us immediately if your Card or account
Information is lost or stolen, or if you believe it's being
used without your permission. You may contact us by
phone at 800-642-4720 or in writing at Wells Fargo
Card Services, PO Box 10347, Des Moines, IA 50306.
You agree to assist us in our investigation of the
matter. If you do this and we find you not responsible,
you will not be held liable for the unauthorized use of
your Account.
(7) Promise to Pay. When you use your Account
or let someone else use it, you promise to pay the
total amount of the Purchases, Cash Advances, and
Balance Transfers, plus all interest, fees and other
amounts that you may owe us, We may limit or close
your Account, but the terms of this Agreement will
apply until you pay the Account in full.
(8) Revolving Line of Credit. We may assign the
following limits to your Account:
Cash Advance Limit. We may restrict the amount of
your revolving line of credit that can be used for Cash
Advances.
Your total revolving line of credit will be provided
with your Credit Card and shows on each of your
billing statements. You promise to use your Account
only to the limits. If you exceed your total revolving
line of credit, we may allow the transaction without
increasing your total revolving line of credit or deny
the transaction. If we allow the transaction, we may
treat that over limit amount as due with the minimum
Page 5
payment on your next statement. If you exceed the
limits, you will still remain liable for all credit you
receive. We can adjust your revolving line of credit at
any time, including automatic credit line increases for
those who qualify. '
(9) Authorizations. We don't guarantee approval of
transactions, We reserve the right to deny transactions
for any reason, such as account default, suspected
fraudulent or unlawful activity, internet gambling,
or any indication of increased risk related to the
transaction. If you engage in abuse, misuse or gaming
in connection with earning or using points or attempt
to do so, we may close or restrict your Wells Fargo
credit card(s). Abuse, misuse or gaming includes,
but is not limited to, making multiple purchases and
multiple payments during a billing cycle whereby the
dollar amount for each purchase in the aggregate
substantially exceeds your revolving line of credit. We
also may limit the number of authorizations we allow
during a period of time.
Transactions at some merchants (such as hotels, car
rental companies, restaurants, and gas stations) may
result in temporary authorizations for amounts greater
than the actual Purchase amount. This will make less
credit available on your Account for several days,
usually until the date the actual Purchase amount is
received from the merchant.
If you give your credit card information to a merchant
to bill your account for recurring payments, or to
keep it on file for future purchases or payments, and
your card number, expiration date, or security code
changes, you should notify the merchant with your
new card information. Some card networks provide
update services and receive updated card information
from Wells Fargo. Merchants that participate in such
services will receive updated card information from
the network for credit cards that you have provided
to the merchant for recurring or future purchases or
payments. We cannot tell you which merchant will
receive updated card information when your card
information changes. You should always provide each
merchant with your new card information because
some merchants do not subscribe to such network
services.
x
Changes To This Agreement -
(10) Change in Terms. We may change this
Agreement at any time. These changes may apply to
existing and future balances, We will give you advance
written notice of the changes and a right to reject the
changes if required by law. We may require you to
close your Account or take other actions if you reject
the changes.
ee
An inter
(11) Fees. The following fees may apply to your
account. If they do apply, you will find the amount in
the Important Terms of Your Credit Card Account. You
agree to pay any fees that apply.
Annual Fee. If your account has an annual fee it will
be charged each year your account’ is open, The
annual fee will not be billed after your Account is
closed.
Balance Transfer Fee. This fee may be charged on a
Balance Transfer transaction.
Page 6
Cash Advance Fee. This fee may be charged on a
Cash Advance from your Account,
Overdraft Protection Advance Fee. This fee may be
charged when an overdraft amount is advanced
to the checking account linked to your Credit Card
Account by you.
Foreign Currency Conversion Fee. If You make a
transaction in a foreign currency, Visa will convert
it into a U.S, dollar amount, A foreign currency
conversion fee may be charged when this is done.
Late Fee. This fee may be charged each time we do
not receive the required Minimum Payment due by
the Payment Due Date.
Returned Check or Returned Payment Fee. This fee
may be charged when a payment is not processed
the first time or is returned unpaid.
Rush Plastic Fee. This fee may be charged if you
requested expedited delivery for your credit card.
Additional fees may be charged if agreed between
you and us. All fees will be added to the Purchases
balance, except Cash Advance fees and Overdraft
Protection fees which will be added to the Cash
Advance balance on your Account.
(12) Foreign Currency Transactions.
If you make a transaction in a currency other than
U.S. dollars using a Visa Card, then Visa International
"Visa" will convert the charge into a U.S. dollar
amount. The exchange rate between the transaction
currency and the billing currency used for processing
international transactions is either (a) a rate selected
by Visa from the range of rates available in wholesale
currency markets for the applicable central processing
date, which rate may vary from the rate Visa itself
receives, or (b) the government-mandated rate in
effect for the applicable central processing date. The
currency conversion rate for the processing date
may differ from the rate in effect on the date of the
transaction or the date the transaction is posted to
your Account.
Point of Sale Conversion. Some merchants outside
the United States offer cardholders the option of
having Card transactions converted to U.S. dollars by
Visa, as described above, or by the merchant itself. If
the latter option is chosen, the currency conversion
rate is determined solely by the merchant involved in
the transaction, and no foreign currency conversion fee
is charged by the bank for the transaction.
(13) Rates. The following sections describe how we
calculate the interest you owe each Billing Period. The
Important Terms of Your Credit Card Account list the
APRs that apply to different types of balances.
Introductory Rates, Your account may be eligible
for introductory rates. This would be described in the
Important Terms of Your Credit Card Account. If you
are offered a promotional rate after your account is
opened, the terms will be provided at that time. After
any introductory or promotional rates expire, the
remaining balances will be subject to the applicable
Standard or Standard Variable APR terms.
How we Calculate your Standard Variable APRs.
If your account has a variable rate the APR will vary
based on the U.S. Prime Rate plus the applicable
Page 7
“Margin". See the Important Terms of Your Credit
Card Account for the "Margin" on Purchases, Balance
Transfers, Cash Advances, and overdraft protection
advances, and daily periodic rates that apply to your
Account. For each Billing Period, we use|the:U.S. Prime
Rate or the average of the U.S. Prime Rates (if there
is more than one) published in the "Money Rates"
column of The Wall Street Journal three business days
prior to your billing statement closing date. If the U.S.
Prime Rate is no longer published or is not available,
we may select a similar index. A change in the APR
may increase or decrease the total amount of interest
you pay and your Minimum Payment due. If the APR
changes due to a change in the U.S. Prime Rate,
the new APR will apply to both existing and future
balances on the first day of your Billing Cycle: The APR
will continue to vary even if your Account is closed.
Standard APRs. If your Account is subject to
Standard APRs, the Standard APRs will not vary with
the market based on the U. S, Prime Rate. However,
we may change the Standard APRs from time to time
in accordance with the Change In Terms information
described in section 10. The rates that apply to your
account are listed in the Important Terms of Your
Credit Card Account.
Daily Periodic Rates. The daily periodic rates are
calculated by dividing each applicable APR by 365.
(14) Minimum Interest Charge. Your account may
have a Minimum Interest Charge. See The Important
Terms of Your Credit Card Account for the applicable
charge.
(15) When we Charge Interest. For most
transactions, interest will be charged beginning on
the date a transaction is made on your account. We
charge interest on a fee beginning on the first day of
the Billing Cycle following the Billing Cycle in which the
fee posted to your Account.
(16) Here's how and when specific Transactions,
fees and credits are applied:
. We add the amount of a Purchase or Balance
Transfer to the Purchase balance as of the
transaction date shown on your statement.
We add Balance Transfer fees to the Purchase
balance as of the transaction date shown on your
statement.
We add the amount of a Cash Advance to the Cash
Advance balance as of the transaction date shown
‘on your statement.
We add Cash Advance Fees to the Cash Advance
balance as of the transaction date shown on your
statement.
We add the amount of any Overdraft Protection
advance to the Cash Advance balance as of the
transaction date shown on your statement.
(17) How we Calculate Interest. We begin by
calculating the daily balance of each Transaction
category. Next we calculate the Average Daily Balance
(ADB). Finally, we calculate the interest. See each
section below for details.
1, Calculating the daily balance: the daily balance
is calculated separately for each Transaction
category. We start with the daily balance from
Page 8
the end of the previous day. We add in any new
Transactions and other charges, including interest
accrued on the previous day's balance. This means
interest is compounded daily. We then subtract any
payments or credits.
|
Example for the Purchase Transaction category:
Daily balance for purchases from the previous day
+ New purchases
+ Fees and interest accrued on the previous day's
Transaction category balance
- Payments, credits and adjustments that posted
that day
= New daily balance for Purchases
2. Calculating the Average Daily Balance (ADB):
we add up all the daily balances for the Billing Cycle
starting with the beginning balance of the first day
of the Billing Cycle. This beginning balance will
include any unpaid fees from the previous Billing
Cycle and any late fees incurred during the current
Billing Cycle. Any daily balance that is a credit
balance is treated as zero. We divide this amount by
the number of days in the Billing Cycle.
ADB = sum of daily balances + number of days in
the Billing Cycle
3. Interest Calculation: we calculate the interest
charge for each type of balance by applying the
daily periodic rate to the ADB and multiplying this
by the number of days in the Billing Cycle.
Interest Charge = daily periodic rate x ADB x
number of days in Billing Cycle
(18) Grace Period. To avoid paying interest on new
Purchases you have to pay your entire New Balance by
the Due Date on your statement each Billing Period.
You cannot avoid interest on Cash Advances or Balance
Transfers. Your due date will be at least 25 days from
the statement closing date and will be provided on
your billing Statement.
Bi ng Statements
And Payments i
(19) Billing Statements. If you have a balance on
your account you will receive a billing statement. Your
billing statement will show your Minimum Payment due
and the Payment Due Date.
(20) Payments. You may pay all or part of your
Account balance at any time, but you must pay the
Minimum Payment, disclosed on your billing statement,
by the Payment Due Date.
Minimum Payment. Your Minimum Payment Due
includes any amount past due plus the greater of:
1. The sum of late, returned check, returned payment,
rush plastic, and annual fees and interest billed
during the Billing Cycle for which the Minimum
Payment is calculated plus 1% of the New Balance
shown on the billing statement; or,
2. $25.00 (or the entire balance on the Account if the
New Balance is less than $25.00).
We require you to pay any amount over the limit of
your credit card account. However, that amount is not
included in your Minimum Payment Due.
Page 9
The Minimum Payment is rounded-up to the next
highest whole dollar amount. Credits will not be used
to meet the Minimum Payment.
Payment Instructions. Follow these Instructions
when making a payment:
1. You must pay in U.S. dollars.
2. Payment must be made with a personal check,
money order or cashier's check and must be issued
by a bank in the United States.
3, Electronic payments are accepted.
4. Do not mail cash.
If you mail your payment, please mail to the payment
address provided on your billing statement using the
envelope and payment coupon enclosed. Payments
received by 5:00 p.m. at the location your payment is
mailed to will be credited as of the date of receipt. If
received after 5:00 p.m. they will be credited on the
following day. Payments made through Wells Fargo
Online Banking at wellsfargo.com will be credited
based on the cutoff time disclosed at the time of the
transaction. If you do not follow these instructions your
payment may not be credited for up to five days after
we receive it.
Checks or other paper documents may be converted
to an electronic transaction through procedures
established by the National Automated Clearing House
Association. In this case, the original check or other
document that you send to us will not be retained, but
a copy would be available if requested.
Some of your available line of credit may be held, at
our discretion, until your payment is honored.
You cannot pay this account using a Wells Fargo Bank,
N.A. credit or loan account or any Wells Fargo affiliated
company credit or loan account. You cannot use any
SUPERCHECKS checks to make any payment on this
Account,
Generally, we will apply your Minimum Payment first
to lower APR balances (such as Purchases) before
balances with higher APRs (such as Cash Advances).
Payments made in excess of the Minimum Payment will
be applied to balances with higher APRs first before
balances with lower ones.
We post payments to the Billing Cycle within which
they are received. Any payment in excess of the
Minimum Payment due is applied based on the
balances reflected on your last billing statement.
Irregular Payments. If you intend to pay your
Account in full with an amount less than the
Outstanding Balance, payments must be sent to: Wells
Fargo, P.O. Box 10311, Des Moines, IA 50306-0311.
Please note that if we accept such payments we have
every right to pursue full payment.
.
Other Important Inform
(21) Default / Immediate Repayment of Balance
in Full. Your Account will be in default, and we may
require immediate payment of your total Account if:
* You fail to pay a Minimum Payment by the Payment
Due Date;
Page 10
Any payment is returned;
You don't honor the terms of this Agreement;
You made an untrue statement on your
application; OR
. You file for bankruptcy.
If this is a joint Account, a default by one of you will be
a default by all of you.
We may prevent further transactions and we may close
your Account and other Wells Fargo Accounts. If your
account is in default you agree to pay our collection
costs, attorney's fees, and court costs incurred in
enforcing our rights under this agreement.
(22) Re-Verification of Credit Information. We can
review any information you provided on your credit
application at any time. This may include:
« Requesting credit bureau reports;
e Verifying your current credit standing;
* Verifying your employment, assets and income
records.
(23) California Residents. We may also obtain
information at any time from the California
Department of Motor Vehicles. You agree to waive the
address confidentiality requirements section of the
California Vehicle Code (Section 1808.21).
(24) Cancellation. We may close your Account at
any time and for any reason. You may also close the
Account at any time. If that happens, you must still
repay the balance owed according to the terms of this
Agreement. Joint Accounts may be canceled by either
Account Holder, If we close the account, notice may be
provided to only one Account Holder.
(25) Separation of Unlawful Provisions. If
any provision of this Agreement is found to be
unenforceable, all other provisions of the Agreement
will remain in effect.
(26) Enforcement Rights. We may waive or delay
enforcing any of our rights without losing them. A
court decree for divorce or separation or an out-of-
court mutual agreement does not affect any of our
rights to enforce this Agreement.
(27) Phone Monitoring. We may monitor and record
any of your phone calls with us,’
(28) Information Reporting. We may report
information about you to consumer reporting agencies.
The information that we report to consumer reporting
agencies may include:
. Account history;
° Account performance;
. Account status;
. Any violations of your account; and
. Any violations of the terms of this Agreement.
The same information may be reported to the
consumer reporting agencies for any additional,
card holders. You may dispute the accuracy of the
information that we report to consumer reporting
agencies by writing to us at Wells Fargo Credit Bureau
Dispute Resolution, P.O. Box 14517, Des Moines,
TA 50306-3517. Please describe the information in
detail that you believe is inaccurate and provide any
Page 11
supporting documents with your dispute. If your
dispute relates to identity theft, you will need to
provide us with an identity theft report.
(29) Assignment. We may assign your Account and
any or all rights and obligations under the Agreement
to a third party. You may not assign your Account or
any of your obligations under the Agreement.
(30) Governing Law. Federal law and the laws
of South Dakota govern this Agreement and your
account.
~ ee —s
rbitratio:
(31) Dispute Resolution Program: Arbitration
Agreement.
a. Binding Arbitration. You and Wells Fargo Bank,
N.A, (the "Bank") agree that if a Dispute arises
between you and the Bank, upon demand by either
you or the Bank, the Dispute shall be resolved by
the following arbitration process. The foregoing
notwithstanding, the Bank shall not initiate an
arbitration to collect a consumer debt, but reserves
the right to arbitrate all other disputes with its
consumer customers. A "Dispute" is any unresolved
disagreement between you and the Bank. It
includes any disagreement relating in any way to
the Card or related services, Accounts, or matters;
to your use of any of the Bank's banking locations
or facilities; or to any means you may use to access
the Bank, It includes claims based on broken
promises or contracts, torts, or other wrongful
actions. It also includes statutory, common law,
and equitable claims. A Dispute also includes any
disagreements about the meaning or application
of this Arbitration Agreement. This Arbitration
Agreement shall survive the payment or closure of
your Account. YOU UNDERSTAND AND AGREE
THAT YOU AND THE BANK ARE WAIVING THE
RIGHT TO A JURY TRIAL OR TRIAL BEFORE
A JUDGE IN A PUBLIC COURT. As the sole
exception to this Arbitration Agreement, you
and the Bank retain the right to pursue in small
claims court any Dispute that is within that court's
jurisdiction. If either you or the Bank fails to submit
to binding arbitration following lawful demand,
the party so failing bears all costs and expenses
incurred by the other in compelling arbitration.
b. Arbitration Procedure; Severability. Either
you or the Bank may submit a Dispute to
binding arbitration at any time notwithstanding
that a lawsuit or other proceeding has been
previously commenced. NEITHER YOU NOR
THE BANK SHALL BE ENTITLED TO JOIN OR
CONSOLIDATE DISPUTES BY OR AGAINST
OTHERS IN ANY ARBITRATION, OR TO
INCLUDE IN ANY ARBITRATION ANY DISPUTE
AS A REPRESENTATIVE OR MEMBER OF A
CLASS, OR TO ACT IN ANY ARBITRATION
IN THE INTEREST OF THE GENERAL PUBLIC
OR IN A PRIVATE ATTORNEY GENERAL
CAPACITY. Each arbitration, including the selection
of the arbitrator(s), shall be administered by
the American Arbitration Association (AAA), or
such other administrator as you and the Bank
may mutually agree to (the AAA or such other
mutually agreeable administrator to be referred
to hereinafter as the "Arbitration Administrator"),
Page 12
according to the Commercial Arbitration Rules and
the Supplemental Procedures for Consumer Related
Disputes ("AAA Rules"), To the extent that there
is any variance between the AAA Rules and this
Arbitration Agreement, this Arbitration Agreement
shall control. Arbitrator(s) must be members of
the state bar where the.arbitration is held, with
expertise in the substantive laws applicable to the
subject matter of the Dispute. No arbitrator or other
party to an arbitration proceeding may disclose the
existence, content, or results thereof, except for
disclosures of information by a party required in
the ordinary course of its business or by applicable
law or regulation. You and the Bank (the "Parties")
agree that in this relationship: (1) The Parties are
participating in transactions involving interstate
commerce; and (2) This Arbitration Agreement
and any resulting arbitration are governed by the
provisions of the Federal Arbitration Act (Title 9 of
the United States Code), and, to the extent any
provision of that Act is inapplicable, unenforceable
or invalid, the laws of the state of South Dakota. If
any of the provisions of this Arbitration Agreement
dealing with class action, class arbitration, private
attorney general action, other representative action,
joinder, or consolidation is found to be illegal or
unenforceable, that invalid provision shall not be
severable and this entire Arbitration Agreement
shall be unenforceable.
Rights Preserved. This Arbitration Agreement
does not prohibit the Parties from exercising any
lawful rights or using other available remedies to
preserve, foreclose, or obtain possession of real
or personal property; exercise self-help remedies,
including setoff and repossession rights; or obtain
provisional or ancillary remedies such as injunctive
relief, attachment, garnishment, or the appointment
of a receiver by a court of competent jurisdiction.
Any statute of limitations applicable to any Dispute
appli
Preview
Filing # 159577525 E-Filed 10/26/2022 04:34:40 PM IN THE COUNTY COURT OF THE 20TH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA WELLS FARGO BANK, N.A., Plaintiff, CIVIL ACTION vs. CASE NO. 22001012CC M G STEPHENSON, A/K/A MARION G STEPHENSON, Defendant. / COMPLAINT FOR MONEY OWED Plaintiff, Wells Fargo Bank, N.A., sues Defendant M G STEPHENSON a/k/a MARION G STEPHENSON and alleges: JURISDICTIONAL AND FACTUAL ALLEGATIONS This is an action for money damages that exceed $8,000.00 but do not exceed $30,000.00, exclusive of fees and court costs, for default under a credit account between Plaintiff and Defendant. The Plaintiff is a corporate entity transacting business by and through the instrumentality of interstate commerce by the issuance of credit and is entitled to prosecute this civil action under the laws of the State of Florida. Plaintiff is the owner of the subject account for credit and is entitled to all sums due pursuant to the terms and conditions of the credit agreement. Upon information and belief, the Defendant is a resident of this County, within the jurisdiction and venue of this Court, and is neither a minor, an incompetent person nor in the active military service of the United States. Plaintiff issued credit to the Defendant who agreed and promised to pay all amounts owed on the account, including interest, fees and additional charges in accordance to the terms and conditions of the Agreement provided to the Defendant pursuant to 15 USC 1637(a). The subject account is now in default due to the Defendant's failure to pay the account in accordance with the terms and conditions of the Agreement. Plaintiff has satisfied all conditions precedent to receiving payment on the account. The outstanding amount due and owing on the subject account is $10,814.88. A true and correct copy of the transactions and purchases made by the Defendant are attached and incorporated herein as an exhibit to this complaint. No part of the outstanding debt has been paid. Plaintiff made demand for payment of the debt. Notwithstanding such demand, no part of the debt has been paid by the Defendant. Plaintiff, through counsel, attaches a Fair Debt Letter hereto in compliance with Rule 1.130 of the Fl. R. Civ. P., and Plaintiff, through counsel, furthermore declines to make any allegations or averments on whether the Defendant disputed the validity of the debt in response thereto. Plaintiff is entitled to court costs and reasonable attorney's fees pursuant to the terms of the Agreement. COUNT I - MONEY LENT 10 Plaintiff re-adopts and re-alleges the jurisdictional and factual allegations of this complaint as if fully set forth herewith. 11. Plaintiff lent money to the Defendant in the form of the extension of credit. 12. Defendant accepted and used the credit offered by the Plaintiff for purchases charged to the account subject to the terms and conditions pursuant to the Agreement. 13. Defendant defaulted on the credit issued by failing to pay Plaintiff according to the terms of the Agreement. 14. Defendant is indebted to the Plaintiff in the principal sum of $10,814.88. WHEREFORE, Plaintiff demands judgment for money damages against Defendant including reasonable attorney's fees, court costs, pursuant to the Agreement. COUNT II - ACCOUNT STATED 15 Plaintiff re-adopts and re-alleges the jurisdictional and factual allegations of this complaint as if fully set forth herewith. 16 At the time Defendant made the subject credit purchases, Defendant was rendered a transaction statement, a copy being attached herein as an exhibit to the complaint and incorporated herein by reference. 17 Defendant agreed and/or did not object to the resulting balance on the transaction statement(s) due at the time the account statement was received. 18. Defendant owes Plaintiff the principal sum of $10,814.88. WHEREFORE, Plaintiff demands judgment for money damages against Defendant including reasonable attorney's fees, court costs, pursuant to the Agreement. COUNT III - UNJUST ENRICHMENT 19. Plaintiff re-adopts and re-alleges the jurisdictional and factual allegations of this complaint as if fully set forth herewith. 20. This count of equity is plead in the alternative should this Court decide that there is no adequate remedy at law. 21 Plaintiff has conferred upon the Defendant a monetary benefit in the form of credit to the Defendant. 22. Defendant had knowledge of the monetary benefit conferred by the Plaintiff upon Defendant's through the credit issued by the Plaintiff. 23 The Defendant has voluntarily accepted and retained the monetary benefit conferred. 24 Defendant has not compensated Plaintiff for the benefit conferred and Defendant is unjustly enriched at the expense of Plaintiff. 25 It would be inequitable for Defendant to retain the benefit without paying Plaintiff the value thereof. 26 The Defendant has been unjustly enriched at the expense and detriment of the Plaintiff in the sum of $10,814.88. WHEREFORE, Plaintiff demands judgment for money damages against Defendant including reasonable attorney's fees, court costs, pursuant to the Agreement. DESIGNATION OF PRIMARY E-MAIL ADDRESS In accordance with Fla. R. Jud. Admin. 2.516(b)(1)(A), the undersigned attorney for the Plaintiff hereby designates flcolservice@brockandscott.com as the primary e-mail address for service. Dated October 18, 2022 JU. Pury J. FL bard. 01 67241 BROCK & SCOTT, PLLC 1315 Westbrook Plaza Drive Winston-Salem, NC 27103 Telephone: (888) 461-7908 Telefax: (336) 354-1588 flcolservice@brockandscott.com This communication is from a debt collector. This is an attempt to collect a debt, and any information will be used for that purpose. c\WFC33626 AFFIDAVIT Plaintiff: Wells Fargo Bank, N.A. Case Number: Defendant(s): MG STEPHENSON Account Number Ending In: eH EEEEEEIN; I, the undersigned affiant, first being sworn, declare and state as follows: 1 1am a Loan Workout Specialist of Wells Fargo Bank, N.A. (“Wells Fargo”) and am authorized to sign this affidavit on behalf of Wells Fargo. If called to testify, | would competently testify under oath as to the following: I am over the age of eighteen and as part of my job responsibilities for Wells Fargo I have personal knowledge of and am familiar with the types of records maintained by Wells Fargo for the purpose of servicing credit accounts and procedures for creating those types of records. The information in this affidavit is taken from Wells Fargo’s business records. The records are: (a) made at or near the time of the occurrence of the matters recorded by persons with personal knowledge of the informationin the business record, or from information transmitted by persons with personal knowledge, and (b) kept in the course of Wells Fargo’s regularly conducted business activities. It is the regular practice of Wells Fargo to create and maintain such records. In connection with making this affidavit, I have acquired personal knowledge of the matters stated herein by personally examining the business records related to the account (the “Account”) that is the subject of the Complaint filed in this action. Defendant(s) entered into an agreement for a ***####*3039 Account, wherein it was stated that by either signing the agreement or using the Account, Defendant(s) accepted the provisions of the agreement. A true and correct copy of the document evidencing the agreement is attached hereto as Exhibit A. The Defendant’s(s’) Account ends with *** #3039, The Account was credited with the last payment received from the Defendant(s) on 10/17/2020 in the amount of $ 300.00. A true and correct copy of the statement evidencing last payment/usage is attached hereto as Exhibit B |' The Defendant(s) has/have failed to remit payments due pursuant to the provisions of the Visa Sig Cash Back Card agreement. Page | of 2 MG STEPHENSON, Account Number Ending In *#****###*##3039 || i { 7. As a result of the Defendant’s(s’) failure to remit payments, the balance has been accelerated making the entire balance due and owing in accordance with the provisions of the agreement. Wells Fargo is owed the sum of $10,814.88. A true and correct copy of the Accounts last statement reflecting the balance due and owing is attached hereto as Exhibit C. Wells Fargo has agreed to pay its attorneys a reasonable fee for services rendered in the above- styled litigation. I affirm, under penalty of perjury that the foregoing representations are true. Executed this 2 day of Se » 20_22. Prihted Name: Matthew P Froehiich Title: Loan Workout Specialist STATE OF IOWA COUNTY OF DALLAS Signed and sworn to (or affirmed) before me on this20 day of SEPT , 2022.by (NuvttRen FROEH LICH, personally known to me OR produced identification Type of identification produced: ignatur Public EVELYN J SICAN : . & foHR . Commission Number 819207 Commission Expires July 31, 2025 Page 2 of 2 MG STEPHENSON, Account Number Ending In see 3089 LGLCOEO01 (01/2022) i| 1 AS) bY-USS 610) eumAL Consumer Credit Card Customer Agreement & Disclosure Statement Visa Signature ae TABLE OF CONTENTS Your Contract With-Us: Section 1 Page. 1 Using Your Account: Section 4 : Page:3 Changes. To. This Agreement: Section 10 Page 6: Fees And Interest: Section 11 Page 6. Billing Statements And Section 19 Page 9 | Payments: Other Important.Information: Section 21 Page 10 Arbitration: Section 31 Page 12 Your Billing Rights: Section 32 Page: 14 Active Duty Military Section 33 Page 15 Servicemembers‘and Their Dependents. Interpreter Certificat! Section 34 Page 16. Notice To California Cardholders—~ To our California tomers who have discussed credit card terms and conditions with us in Spanish, Chinese, Korean, Vietnamese, or Tagalog Read Section 34 about interpreter certification before you activate your credit card. Lea la Seccién 34 sobre certificacién de intérprete antes de activar su tarjeta de crédito. WUEHRBATZHRBS 34 WA) MRA, HS2| ASAESS SISA] UO SHAt USO! St 344s AOA] BEEELICH, H&y doc Phan 34 vé xdc nhan théng dich vién truéc khi quy vi kich hoat thé tin dung cua minh. Basahin ang Seksyon 34 tungkol sa sertipikasyon ng tagapagsaling-wika bago mo I-activate ang iyong credit card Your Contract With Us | (1) Agreement. This contract for your credit card account ("Account") includes the Credit Card Agreement ("Agreement"), the Important Terms of Your Credit Card Account and future amendments to this Agreement. This Agreement is a contract between Wells Fargo Bank, N.A. and each Account holder. You and any joint Account holder accept the terms of this Agreement by using or activating your Account. Please read this Agreement carefully and keep it for your records. (2) Definitions Page 1 A rate, shown as a percentage, Annual used to calculate interest on the balance on your Account, Percentage Rate (APR) | The time period etween billing statements. Each billing Billing Cycle or ing Period statement shows a statement closing date which is the last day of the Billing Cycle. The transfer of a balance from another credit account to your Balance Transfer Account, including the use of a check that accesses your Account. Any cards we issue to you or any Card devices we allow you to use to access credit on your Account. Use of your Card to get cash. Examples include using your card Cash Advance for Cash Advances through an ATM, bank teller or Wells Fargo Online, Overdraft Protection advances, Balance Transfers, or cash-like purchases such as money orders, wire transfers, traveler checks, foreign currency, lottery tickets, casino chips, off- track wagers, other wagers, vouchers redeemable for cash or similar items. A device, other than your Card, like SUPERCHECKS™ and mobile Credit devices, that we allow you to use Access Device to access credit on your Account. A summary of your Account's APRs, fees and other important Important Terms information. of Your Credit Card Account The total amount you owe as of a statement closing date. New Balance The sum of all unpaid amounts, including Purchases, Cash Outstanding Advances, Balance Transfers, Balance interest, fees and any other amounts that you may owe us. The date the Minimum Payment is due. It will be at least 25 days Payment Due Date from the statement closing date and will be provided on your 1 billing statement. Use of your Account to buy or lease goods or services. Cash Purchase Advances, Balance Transfers and cash-like transactions are not Purchases. Tax payments and associated fees are Purchases. This is the amount that is available for your use. Revolving Line Of Credit Wells Fargo Bank, N.A. We, Us, and Our The Account holder(s) who opened the Account. You and Your Page 2 (3) Contacting You. You agree that we have your consent to contact you at any phone number, email address, or mailing address you provide for any Wells Fargo account or at any number that you call us from or at any number that we obtain by other means. Your consent allows us and any.companies working on our behalf to service your account, to use any means to contact you including: automated dialing devices, prerecorded/artificial voice messages, mail, e-mail, text messages, push notifications, and calls to your cell phone, or any other data or voice transmission technology. You are responsible for any service provider charges you may incur as a result of us contacting you by any means, whether such charges are related to text, data, equipment or other plans. You will promptly notify us if you change any contact information, including your name, mailing address, e-mail addresses, or phone numbers, If you have a joint Account, a notice to one of you will serve as a notice to both of you. We may use voice recognition technology to verify your identity when you call. We may capture and store your voiceprint for this purpose, We may monitor and record any calls between you and us. Usii r. (4) Using Your Account. You may use your. consumer credit card Account for Purchases, Balance Transfers, Cash Advances and any other transactions we allow. You promise to use your Account only for lawful personal, family, or household purposes. We reserve the right to deny transactions or authorizations from merchants who may be engaging in the internet gambling business. We are not responsible for anyone who refuses to accept your Card or any other Credit Access Device, We may decline any transaction at ‘ any time. Your credit card may not be used to make a payment on any other Wells Fargo credit account. Cash Advances from ATMs. Cash Advances from ATMs may be limited by amount or frequency. The ATM owner may have additional restrictions. If the ATM owner charges any fee, that fee will be included as part of the total Cash Advance amount. Cash Advances for Overdraft Protection. You may elect to have an automatic Cash Advance from your Account to cover an overdraft on a linked Wells Fargo checking account. To cover an overdraft on a linked Wells Fargo checking account, we will advance the greater of « the amount of your overdraft; or . $25.00 Except if * the amount of available credit on your Card is less than the amount of the overdraft or less than $25.00, we will then advance the amount of available credit. The APR and fees that apply to overdraft protection advances are listed in the Important Terms of Your Credit Card Account. Overdraft protection advances, interest and fees may cause your Account balance to exceed your revolving line of credit. If there is more than one person listed on the checking account (such as a joint checking account) that you have linked for overdraft protection, then: ' Page 3 * You will be responsible for all overdraft protection advances regardless of which person writes the check or engages in any other transaction (such as a debit card purchase) that causes the overdraft; and You agree to allow us to disclose to any other person on your checking account, that this Card is linked to your checking account for overdraft protection. We reserve the right to cancel, suspend, or change your overdraft protection service at any time, for any reason. Credit Access Devices. SUPERCHECKS can be used to access your Account similar to writing a check on a deposit account. SUPERCHECKS checks will post as a Balance Transfer only when they are included with a Balance Transfer offer. If a SUPERCHECKS check is not included with a Balance Transfer offer it will post as a Cash Advance, They will include transaction fees and interest. Some restrictions apply to SUPERCHECKS: . They may not be written as payment on any Wells Fargo account. They may be used only by the person whose name is printed on the check. They must be written in U.S. dollars. They cannot be certified. You cannot file a claim against the bank when you have a dispute with a merchant about payment for property or services that you paid for using a SUPERCHECKS check. We reserve the right to put conditions on the use of SUPERCHECKS checks and to reject, decline and return unpaid any SUPERCHECKS check or advance at our discretion. Third Party/Mobile Devices. You or an authorized user may be permitted to load your credit card to an app on a smart phone, tablet or other electronic device, such as, through a mobile wallet, which could be used for purchases or’other transactions without presenting the card. Any such Transactions are covered by this Agreement. We have no control over the device and cannot guarantee the performance of the device. Additionally: . You should protect the security of the device the same as your credit card or other valuable information. There may be third party fees related to the transaction such as mobile carrier data or messaging charges. We may, at any time, partially or fully restrict your ability to make credit transactions through a third party/mobile device. You agree to notify us promptly if you remove or want to remove your Account information from any third party/mobile device. (5) Authorized Users. If you wish to have an additional Card issued in another person's name, please contact us and we will send you a Card with the name of the authorized person embossed on the front of the Card. You are responsible for payment of the entire amount owed to us, including any Purchases, Page 4 Balance Transfers or Cash Advances (and all related interest and fees) made by the authorized person. Ending Authorized User Privileges. If you want to end an authorized user's privilege to use your Account, you must: | . Recover and destroy that person's Card, If you do not, you will continue to be liable foriany charges made, even if you've advised us of your wish to cancel the privileges, unless you tell us to cancel all Cards and establish a new Account for you. You must notify us of your request by contacting us at the number on the back of your Card or by mail at Wells Fargo Bank, N.A., P.O, Box 10347, Des Moines, IA 50306. In general, an authorized person Is not obligated on this Account and is not liable for any Outstanding Balance or any other charges made by you or by any other authorized person. In the event of the death of all fully liable cardholders, authorized users’ privilege ends automatically, After that, if any person uses the Card, such use indicates his or her agreement to pay us, and we may, at our discretion, pursue the person for payment of any Outstanding Balance or any other charges they authorize. You agree to notify each authorized person that they are subject to all applicable sections of this Agreement. Information about Authorized Users. You agree to give us certain personal information about each authorized user. You must have permission from each authorized user allowing you to give us that personal information. This may include name, address, social security number, date of birth and citizenship. (6) Lost or Stolen Cards and Liabili for Unauthorized Use, and Zero Lia! y Protection. You must notify us immediately if your Card or account Information is lost or stolen, or if you believe it's being used without your permission. You may contact us by phone at 800-642-4720 or in writing at Wells Fargo Card Services, PO Box 10347, Des Moines, IA 50306. You agree to assist us in our investigation of the matter. If you do this and we find you not responsible, you will not be held liable for the unauthorized use of your Account. (7) Promise to Pay. When you use your Account or let someone else use it, you promise to pay the total amount of the Purchases, Cash Advances, and Balance Transfers, plus all interest, fees and other amounts that you may owe us, We may limit or close your Account, but the terms of this Agreement will apply until you pay the Account in full. (8) Revolving Line of Credit. We may assign the following limits to your Account: Cash Advance Limit. We may restrict the amount of your revolving line of credit that can be used for Cash Advances. Your total revolving line of credit will be provided with your Credit Card and shows on each of your billing statements. You promise to use your Account only to the limits. If you exceed your total revolving line of credit, we may allow the transaction without increasing your total revolving line of credit or deny the transaction. If we allow the transaction, we may treat that over limit amount as due with the minimum Page 5 payment on your next statement. If you exceed the limits, you will still remain liable for all credit you receive. We can adjust your revolving line of credit at any time, including automatic credit line increases for those who qualify. ' (9) Authorizations. We don't guarantee approval of transactions, We reserve the right to deny transactions for any reason, such as account default, suspected fraudulent or unlawful activity, internet gambling, or any indication of increased risk related to the transaction. If you engage in abuse, misuse or gaming in connection with earning or using points or attempt to do so, we may close or restrict your Wells Fargo credit card(s). Abuse, misuse or gaming includes, but is not limited to, making multiple purchases and multiple payments during a billing cycle whereby the dollar amount for each purchase in the aggregate substantially exceeds your revolving line of credit. We also may limit the number of authorizations we allow during a period of time. Transactions at some merchants (such as hotels, car rental companies, restaurants, and gas stations) may result in temporary authorizations for amounts greater than the actual Purchase amount. This will make less credit available on your Account for several days, usually until the date the actual Purchase amount is received from the merchant. If you give your credit card information to a merchant to bill your account for recurring payments, or to keep it on file for future purchases or payments, and your card number, expiration date, or security code changes, you should notify the merchant with your new card information. Some card networks provide update services and receive updated card information from Wells Fargo. Merchants that participate in such services will receive updated card information from the network for credit cards that you have provided to the merchant for recurring or future purchases or payments. We cannot tell you which merchant will receive updated card information when your card information changes. You should always provide each merchant with your new card information because some merchants do not subscribe to such network services. x Changes To This Agreement - (10) Change in Terms. We may change this Agreement at any time. These changes may apply to existing and future balances, We will give you advance written notice of the changes and a right to reject the changes if required by law. We may require you to close your Account or take other actions if you reject the changes. ee An inter (11) Fees. The following fees may apply to your account. If they do apply, you will find the amount in the Important Terms of Your Credit Card Account. You agree to pay any fees that apply. Annual Fee. If your account has an annual fee it will be charged each year your account’ is open, The annual fee will not be billed after your Account is closed. Balance Transfer Fee. This fee may be charged on a Balance Transfer transaction. Page 6 Cash Advance Fee. This fee may be charged on a Cash Advance from your Account, Overdraft Protection Advance Fee. This fee may be charged when an overdraft amount is advanced to the checking account linked to your Credit Card Account by you. Foreign Currency Conversion Fee. If You make a transaction in a foreign currency, Visa will convert it into a U.S, dollar amount, A foreign currency conversion fee may be charged when this is done. Late Fee. This fee may be charged each time we do not receive the required Minimum Payment due by the Payment Due Date. Returned Check or Returned Payment Fee. This fee may be charged when a payment is not processed the first time or is returned unpaid. Rush Plastic Fee. This fee may be charged if you requested expedited delivery for your credit card. Additional fees may be charged if agreed between you and us. All fees will be added to the Purchases balance, except Cash Advance fees and Overdraft Protection fees which will be added to the Cash Advance balance on your Account. (12) Foreign Currency Transactions. If you make a transaction in a currency other than U.S. dollars using a Visa Card, then Visa International "Visa" will convert the charge into a U.S. dollar amount. The exchange rate between the transaction currency and the billing currency used for processing international transactions is either (a) a rate selected by Visa from the range of rates available in wholesale currency markets for the applicable central processing date, which rate may vary from the rate Visa itself receives, or (b) the government-mandated rate in effect for the applicable central processing date. The currency conversion rate for the processing date may differ from the rate in effect on the date of the transaction or the date the transaction is posted to your Account. Point of Sale Conversion. Some merchants outside the United States offer cardholders the option of having Card transactions converted to U.S. dollars by Visa, as described above, or by the merchant itself. If the latter option is chosen, the currency conversion rate is determined solely by the merchant involved in the transaction, and no foreign currency conversion fee is charged by the bank for the transaction. (13) Rates. The following sections describe how we calculate the interest you owe each Billing Period. The Important Terms of Your Credit Card Account list the APRs that apply to different types of balances. Introductory Rates, Your account may be eligible for introductory rates. This would be described in the Important Terms of Your Credit Card Account. If you are offered a promotional rate after your account is opened, the terms will be provided at that time. After any introductory or promotional rates expire, the remaining balances will be subject to the applicable Standard or Standard Variable APR terms. How we Calculate your Standard Variable APRs. If your account has a variable rate the APR will vary based on the U.S. Prime Rate plus the applicable Page 7 “Margin". See the Important Terms of Your Credit Card Account for the "Margin" on Purchases, Balance Transfers, Cash Advances, and overdraft protection advances, and daily periodic rates that apply to your Account. For each Billing Period, we use|the:U.S. Prime Rate or the average of the U.S. Prime Rates (if there is more than one) published in the "Money Rates" column of The Wall Street Journal three business days prior to your billing statement closing date. If the U.S. Prime Rate is no longer published or is not available, we may select a similar index. A change in the APR may increase or decrease the total amount of interest you pay and your Minimum Payment due. If the APR changes due to a change in the U.S. Prime Rate, the new APR will apply to both existing and future balances on the first day of your Billing Cycle: The APR will continue to vary even if your Account is closed. Standard APRs. If your Account is subject to Standard APRs, the Standard APRs will not vary with the market based on the U. S, Prime Rate. However, we may change the Standard APRs from time to time in accordance with the Change In Terms information described in section 10. The rates that apply to your account are listed in the Important Terms of Your Credit Card Account. Daily Periodic Rates. The daily periodic rates are calculated by dividing each applicable APR by 365. (14) Minimum Interest Charge. Your account may have a Minimum Interest Charge. See The Important Terms of Your Credit Card Account for the applicable charge. (15) When we Charge Interest. For most transactions, interest will be charged beginning on the date a transaction is made on your account. We charge interest on a fee beginning on the first day of the Billing Cycle following the Billing Cycle in which the fee posted to your Account. (16) Here's how and when specific Transactions, fees and credits are applied: . We add the amount of a Purchase or Balance Transfer to the Purchase balance as of the transaction date shown on your statement. We add Balance Transfer fees to the Purchase balance as of the transaction date shown on your statement. We add the amount of a Cash Advance to the Cash Advance balance as of the transaction date shown ‘on your statement. We add Cash Advance Fees to the Cash Advance balance as of the transaction date shown on your statement. We add the amount of any Overdraft Protection advance to the Cash Advance balance as of the transaction date shown on your statement. (17) How we Calculate Interest. We begin by calculating the daily balance of each Transaction category. Next we calculate the Average Daily Balance (ADB). Finally, we calculate the interest. See each section below for details. 1, Calculating the daily balance: the daily balance is calculated separately for each Transaction category. We start with the daily balance from Page 8 the end of the previous day. We add in any new Transactions and other charges, including interest accrued on the previous day's balance. This means interest is compounded daily. We then subtract any payments or credits. | Example for the Purchase Transaction category: Daily balance for purchases from the previous day + New purchases + Fees and interest accrued on the previous day's Transaction category balance - Payments, credits and adjustments that posted that day = New daily balance for Purchases 2. Calculating the Average Daily Balance (ADB): we add up all the daily balances for the Billing Cycle starting with the beginning balance of the first day of the Billing Cycle. This beginning balance will include any unpaid fees from the previous Billing Cycle and any late fees incurred during the current Billing Cycle. Any daily balance that is a credit balance is treated as zero. We divide this amount by the number of days in the Billing Cycle. ADB = sum of daily balances + number of days in the Billing Cycle 3. Interest Calculation: we calculate the interest charge for each type of balance by applying the daily periodic rate to the ADB and multiplying this by the number of days in the Billing Cycle. Interest Charge = daily periodic rate x ADB x number of days in Billing Cycle (18) Grace Period. To avoid paying interest on new Purchases you have to pay your entire New Balance by the Due Date on your statement each Billing Period. You cannot avoid interest on Cash Advances or Balance Transfers. Your due date will be at least 25 days from the statement closing date and will be provided on your billing Statement. Bi ng Statements And Payments i (19) Billing Statements. If you have a balance on your account you will receive a billing statement. Your billing statement will show your Minimum Payment due and the Payment Due Date. (20) Payments. You may pay all or part of your Account balance at any time, but you must pay the Minimum Payment, disclosed on your billing statement, by the Payment Due Date. Minimum Payment. Your Minimum Payment Due includes any amount past due plus the greater of: 1. The sum of late, returned check, returned payment, rush plastic, and annual fees and interest billed during the Billing Cycle for which the Minimum Payment is calculated plus 1% of the New Balance shown on the billing statement; or, 2. $25.00 (or the entire balance on the Account if the New Balance is less than $25.00). We require you to pay any amount over the limit of your credit card account. However, that amount is not included in your Minimum Payment Due. Page 9 The Minimum Payment is rounded-up to the next highest whole dollar amount. Credits will not be used to meet the Minimum Payment. Payment Instructions. Follow these Instructions when making a payment: 1. You must pay in U.S. dollars. 2. Payment must be made with a personal check, money order or cashier's check and must be issued by a bank in the United States. 3, Electronic payments are accepted. 4. Do not mail cash. If you mail your payment, please mail to the payment address provided on your billing statement using the envelope and payment coupon enclosed. Payments received by 5:00 p.m. at the location your payment is mailed to will be credited as of the date of receipt. If received after 5:00 p.m. they will be credited on the following day. Payments made through Wells Fargo Online Banking at wellsfargo.com will be credited based on the cutoff time disclosed at the time of the transaction. If you do not follow these instructions your payment may not be credited for up to five days after we receive it. Checks or other paper documents may be converted to an electronic transaction through procedures established by the National Automated Clearing House Association. In this case, the original check or other document that you send to us will not be retained, but a copy would be available if requested. Some of your available line of credit may be held, at our discretion, until your payment is honored. You cannot pay this account using a Wells Fargo Bank, N.A. credit or loan account or any Wells Fargo affiliated company credit or loan account. You cannot use any SUPERCHECKS checks to make any payment on this Account, Generally, we will apply your Minimum Payment first to lower APR balances (such as Purchases) before balances with higher APRs (such as Cash Advances). Payments made in excess of the Minimum Payment will be applied to balances with higher APRs first before balances with lower ones. We post payments to the Billing Cycle within which they are received. Any payment in excess of the Minimum Payment due is applied based on the balances reflected on your last billing statement. Irregular Payments. If you intend to pay your Account in full with an amount less than the Outstanding Balance, payments must be sent to: Wells Fargo, P.O. Box 10311, Des Moines, IA 50306-0311. Please note that if we accept such payments we have every right to pursue full payment. . Other Important Inform (21) Default / Immediate Repayment of Balance in Full. Your Account will be in default, and we may require immediate payment of your total Account if: * You fail to pay a Minimum Payment by the Payment Due Date; Page 10 Any payment is returned; You don't honor the terms of this Agreement; You made an untrue statement on your application; OR . You file for bankruptcy. If this is a joint Account, a default by one of you will be a default by all of you. We may prevent further transactions and we may close your Account and other Wells Fargo Accounts. If your account is in default you agree to pay our collection costs, attorney's fees, and court costs incurred in enforcing our rights under this agreement. (22) Re-Verification of Credit Information. We can review any information you provided on your credit application at any time. This may include: « Requesting credit bureau reports; e Verifying your current credit standing; * Verifying your employment, assets and income records. (23) California Residents. We may also obtain information at any time from the California Department of Motor Vehicles. You agree to waive the address confidentiality requirements section of the California Vehicle Code (Section 1808.21). (24) Cancellation. We may close your Account at any time and for any reason. You may also close the Account at any time. If that happens, you must still repay the balance owed according to the terms of this Agreement. Joint Accounts may be canceled by either Account Holder, If we close the account, notice may be provided to only one Account Holder. (25) Separation of Unlawful Provisions. If any provision of this Agreement is found to be unenforceable, all other provisions of the Agreement will remain in effect. (26) Enforcement Rights. We may waive or delay enforcing any of our rights without losing them. A court decree for divorce or separation or an out-of- court mutual agreement does not affect any of our rights to enforce this Agreement. (27) Phone Monitoring. We may monitor and record any of your phone calls with us,’ (28) Information Reporting. We may report information about you to consumer reporting agencies. The information that we report to consumer reporting agencies may include: . Account history; ° Account performance; . Account status; . Any violations of your account; and . Any violations of the terms of this Agreement. The same information may be reported to the consumer reporting agencies for any additional, card holders. You may dispute the accuracy of the information that we report to consumer reporting agencies by writing to us at Wells Fargo Credit Bureau Dispute Resolution, P.O. Box 14517, Des Moines, TA 50306-3517. Please describe the information in detail that you believe is inaccurate and provide any Page 11 supporting documents with your dispute. If your dispute relates to identity theft, you will need to provide us with an identity theft report. (29) Assignment. We may assign your Account and any or all rights and obligations under the Agreement to a third party. You may not assign your Account or any of your obligations under the Agreement. (30) Governing Law. Federal law and the laws of South Dakota govern this Agreement and your account. ~ ee —s rbitratio: (31) Dispute Resolution Program: Arbitration Agreement. a. Binding Arbitration. You and Wells Fargo Bank, N.A, (the "Bank") agree that if a Dispute arises between you and the Bank, upon demand by either you or the Bank, the Dispute shall be resolved by the following arbitration process. The foregoing notwithstanding, the Bank shall not initiate an arbitration to collect a consumer debt, but reserves the right to arbitrate all other disputes with its consumer customers. A "Dispute" is any unresolved disagreement between you and the Bank. It includes any disagreement relating in any way to the Card or related services, Accounts, or matters; to your use of any of the Bank's banking locations or facilities; or to any means you may use to access the Bank, It includes claims based on broken promises or contracts, torts, or other wrongful actions. It also includes statutory, common law, and equitable claims. A Dispute also includes any disagreements about the meaning or application of this Arbitration Agreement. This Arbitration Agreement shall survive the payment or closure of your Account. YOU UNDERSTAND AND AGREE THAT YOU AND THE BANK ARE WAIVING THE RIGHT TO A JURY TRIAL OR TRIAL BEFORE A JUDGE IN A PUBLIC COURT. As the sole exception to this Arbitration Agreement, you and the Bank retain the right to pursue in small claims court any Dispute that is within that court's jurisdiction. If either you or the Bank fails to submit to binding arbitration following lawful demand, the party so failing bears all costs and expenses incurred by the other in compelling arbitration. b. Arbitration Procedure; Severability. Either you or the Bank may submit a Dispute to binding arbitration at any time notwithstanding that a lawsuit or other proceeding has been previously commenced. NEITHER YOU NOR THE BANK SHALL BE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHERS IN ANY ARBITRATION, OR TO INCLUDE IN ANY ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS, OR TO ACT IN ANY ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. Each arbitration, including the selection of the arbitrator(s), shall be administered by the American Arbitration Association (AAA), or such other administrator as you and the Bank may mutually agree to (the AAA or such other mutually agreeable administrator to be referred to hereinafter as the "Arbitration Administrator"), Page 12 according to the Commercial Arbitration Rules and the Supplemental Procedures for Consumer Related Disputes ("AAA Rules"), To the extent that there is any variance between the AAA Rules and this Arbitration Agreement, this Arbitration Agreement shall control. Arbitrator(s) must be members of the state bar where the.arbitration is held, with expertise in the substantive laws applicable to the subject matter of the Dispute. No arbitrator or other party to an arbitration proceeding may disclose the existence, content, or results thereof, except for disclosures of information by a party required in the ordinary course of its business or by applicable law or regulation. You and the Bank (the "Parties") agree that in this relationship: (1) The Parties are participating in transactions involving interstate commerce; and (2) This Arbitration Agreement and any resulting arbitration are governed by the provisions of the Federal Arbitration Act (Title 9 of the United States Code), and, to the extent any provision of that Act is inapplicable, unenforceable or invalid, the laws of the state of South Dakota. If any of the provisions of this Arbitration Agreement dealing with class action, class arbitration, private attorney general action, other representative action, joinder, or consolidation is found to be illegal or unenforceable, that invalid provision shall not be severable and this entire Arbitration Agreement shall be unenforceable. Rights Preserved. This Arbitration Agreement does not prohibit the Parties from exercising any lawful rights or using other available remedies to preserve, foreclose, or obtain possession of real or personal property; exercise self-help remedies, including setoff and repossession rights; or obtain provisional or ancillary remedies such as injunctive relief, attachment, garnishment, or the appointment of a receiver by a court of competent jurisdiction. Any statute of limitations applicable to any Dispute appli