Legal Document: American Express National Bank v. Sunkyung Park

On September 02, 2021 a Plaintiff's Motion for Summary Judgment - Motion (No Fee) Index # 5 was filed involving a dispute between American Express National Bank, and Park, Sunkyung, for Contract - Consumer/Commercial/Debt in the District Court of Fort Bend County.

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Filed
8/2/2022 10:52 AM
Beverley McGrew Walker
District Clerk
Fort Bend County, Texas
Erica Rodriguez

NO. 21-DCV-287014

AMERICAN EXPRESS NATIONAL § IN THE DISTRICT COURT
BANK,
Plaintiff 400TH JUDICIAL DISTRICT

Vv. FORT BEND COUNTY, TEXAS

SUNKYUNG PARK,
Defendant(s)

PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT.

TO THE HONORABLE JUDGE OF SAID COURT:

American Express National Bank, Plaintiff moves for Summary Judgment against

Defendant(s), Sunkyung Park, respectfully showing the Court as follows:

1 This Motion is based upon the pleadings on file and the affidavits attached hereto, which

are fully incorporated herein. Attached hereto as Exhibit “A” and fully incorporated herein

is the affidavit of a duly authorized agent of Plaintiff. The client affidavit includes as an

attachment a true and correct copy of the applicable supporting account documents for

accoun

Summary judgment procedure is governed by Rule 166a of the Texas Rules of Civil

Procedure, which states that the judgment sought shall be rendered forthwith if the

summary judgment evidence shows that there is no genuine issue if material fact and the

moving party is entitled to judgment as a matter of law. TRCP Rule 166a (c); State v.

Carrillo, 885 S.W.2d 212, 214 (Tex App. — San Antonio 1994, no writ).

BREACH OF CONTRACT ANALYSIS: CREDIT CARD ACTIONS

In Winchek v. American Express, 232 S.W.3d 197 (Tex. App. - Houston [1] 2007, no pet.),

the court held that a valid contract was formed by evaluating the terms of the cardmember
agreement. The language in the agreement here and in Winchek is nearly identical in parts

relevant to the Court’s decision.

Parties form a binding contract when the following elements are present: (1) offer, (2)

acceptance, (3) meeting of the minds, (4) mutual consent, and (5) execution and delivery

of the agreement. Wal-Mart Stores, Inc. v. Lopez, 93 S.W.3d 548, 555-56 (Tex. App. -

Houston [14th Dist.] 2002, no pet.); see also Sikander Ghia v. American Express, No. 14-

06-00653, 2007 Tex. App. LEXIS 8194 (Tex. App. - Houston [14" Dist.] Oct. 11, 2007,
no pet.). The agreement in the Winchek case and the agreement in the instant case contain

similar language that “use of [the credit card] means you accept this Agreement.” See

cardmember agreement; Winchek 232 S.W.3d at 204.

Use of a credit card and payments to an account demonstrate the existence of a contract.

Hay v. Citibank, No. 14-04-01131, 2006 Tex. App. LEXIS 8101, at *8 (Tex. App. -
Houston [14"] Sept. 14, 2006, no pet.); see also Winchek, 232 S.W.3d at 197. The Winchek

court articulated the well-established elements for a claim of breach of contract: (1) the

existence of a valid contract; (2) performance or tendered performance by the plaintiff; (3)

breach of the contract by the defendant; (4) damages sustained as a result of the breach. Id.

at 202 (citing Prime Products, Inc. v. S.S.I. Plastics, Inc., 97 S.W.3d 631, 636 (Tex. App.

2002, pet. denied).

“Delivery may be proved by acts or words showing that the parties intended the contract

to become effective. When the parties manifest an intent through their actions and words

that the contract become effective, delivery is shown. In other words, when Parties

manifest an intent through their actions and words that a contract become effective, manual

delivery is immaterial to contract validity.” Duran v. Citibank (South Dakota), N.A., No.
01-06-00636-CV, 2008 Tex. App. LEXIS 2060, at *10 (Tex. App. - Houston [1] Mar. 20,

2008) (citations omitted).

Regarding the final element of breach of contract claim (damages), the Winchek court

accordance significance to the facts that the card issuer sent monthly statements to the

defendant, that each set forth in detail all the debits and credits to the account, and that each

statement reflected the total amounts due and owing by the defendant. Thus, the court

concluded the card issuer “met its burden to show...damages sustained.” Winchek, 232

S.W.3d at 205.

In Sikander Ghia v. American Express Travel Related Services, Inc., 2007 Tex. App.

LEXIS 8194 (Tex. App. - Houston [14""] Oct. 11 2007, no pet.), the appellate court

addressed the issue of proof necessary to show contract formation and breach of contract

damages in a credit card action. The Sikander court stated “American Express was not

required to outline each transaction comprising this balance,” when addressing the issue of

whether sufficient evidence existed regarding the balance owed. The court’s analysis was

as follows:

Appellant complains that [the creditor] did not present evidence
specifically outlining each transaction to prove it was properly billed
. . We recognize [the creditor] did not present . . . evidence [of]
every monthly statement since inception of the account; rather, it
attached statements for 2004 only... However, we conclude [the
creditor] was not required to outline each transaction outlining this
balance.

Sikander Ghia, 2007 Tex. App. LEXIS at *13.

The cardmember agreement in the Sikander case had provisions similar to the cardmember

agreement in this case requiring the cardholder to object in writing within sixty days after

the statement is issued to indicate any erroneous charges. The Sikander court determined

this provision of the agreement combined with the fact that the Defendant received monthly
statements as a sufficient basis to determine she was bound to pay the total amount due

even though every statement detailing every charge was not produced. Jd. at *14.

10. Based on the foregoing, and the exhibits attached to this motion, there is no genuine issue

of material fact and Plaintiff is entitled to summary judgment as a matter of law on all

issues, all claims, all theories of damages, and all parties.

WHEREFORE, American Express National Bank, Plaintiff, respectfully requests that this

matter be set for hearing and that after hearing the Court rule that there is “no genuine issue of

material fact and that the Plaintiff is entitled to judgment as a matter of law” and that Plaintiff be

granted summary judgment against Defendant(s), Sunkyung Park, for the following:

1 The principal damages amount claimed for in Plaintiff's Complaint of
$23,145.14 minus any payments received after filing this litigation, and
2. All costs of this proceeding.
Respectfully submitted,
ZWICKER & ASSOCIATES, P.C.
A Law Firm Engaged in Debt Collection
Attorneys for Plaintiff
14090 Southwest Freeway, Ste. 408
Sugar Land, TX 77478
ZATE_Litigation@ZwickerPC.com
(281) 494-0300
(281) 494-0213 fax
BY AAGEEZ
[] JOHNETTA LANG, ESQ.
State Bar Number 24036943
[ ] TREVON WATSON, ESQ.
State Bar Number 24125451
[ ] TABITHA HAYNES, ESQ.
State Bar Number 24118986
[ ] DEIDRE HARRIS, ESQ.
State Bar Number 24058586
‘AJEET BADESHA, ESQ.
State Bar Number 24125994
CERTIFICATE OF SERVICE
Thereby certify that on the gd day of
August
copy of the foregoing in accordance with the
, 2022, this office served a true and correct
Rule 21a of the Texas Rules of Civil Procedure upon
the below listed interested parties via

[ ] First-Class Mail
[“] E-Service
{ ] Certified Mail

KATHERYN COLE BELL
933 NW 164TH STREET,STE 2
EDMOND, OK 73013
KATHERYN.B@GITMEIDLAW.COM

LEA_GE—]_
[ ] JOHNETTA LANG, ESQ.
[ ] TREVON WATSON, ESQ.
[ ] TABITHA HAYNES, ESQ.
[ ] DEIDRE HARRIS, ESQ.
ld AJEET BADESHA, ESQ.
NO. 21-DCV-287014

AMERICAN EXPRESS NATIONAL § IN THE DISTRICT COURT
BANK,
Plaintiff 400TH JUDICIAL DISTRICT

Vv. FORT BEND COUNTY, TEXAS

SUNKYUNG PARK,
Defendant(s)

EXHIBIT LIST FOR
PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

Exhibit “A” Affidavit of Duly Authorized Agent of Plaintiff
Includes True and Correct Copy of Applicable Supporting Account Documents

Exhibit “B” Non-Military Status Verification
Attachments Include:
Official Printout from the United States Department of Defense-Manpower Data Center that
Defendant is Not an Active Member of the Armed Forces Currently on Duty

AMERICAN EXPRESS NATIONAL BANK V. SUNKYUNG PARK
EXHIBIT “A”
Affidavit in Support of Judgment

AMERICAN EXPRESS NATIONAL BANK V. SUNKYUNG PARK.
SUNKYUNG PARK
Account ending in:

AFFIDAVIT OF PLAINTIFF

I, Raquel Hernandez, declare and state as follows:

i lam an Assistant Custodian of Records for AMERICAN EXPRESS NATIONAL BANK
("Plaintiff"), a national bank organized under the laws of the United States, ("American Express" hereinafter),
with its headquarters located at 115 W. Towne Ridge Parkway, Sandy, Utah 84070.

2. In my capacity as Assistant Custodian of Records for American Express, I am familiar with the
ongoing credit card business operations and practices of American Express, particularly with respect to its
recordkeeping computer systems, credit card agreements and billing for various types of accounts issued by
American Express. I have access to the business records relating to credit card accounts issued by American
Express, including, in particular, the records of cardmember accounts and the applicable card agreements. I
have personal knowledge of American Express’ regular practices and procedures with respect to: (a) the
transmittal of credit card account agreements, notices, billing statements, and other documents; and (b) quality
assurance controls utilized to ensure that such transmittals are properly made. I also have access to and am
generally familiar with the cardmember account records created and maintained by American Express.
Except where based on my review of records and documents regularly maintained in the ordinary course of
business, all of the matters set forth herein are within my personal knowledge and are true and correct and, if
called as a witness, I could competently testify thereto.

3 The billing statements and other documents referred to herein were created at or near either the
time of the transactions or the time the original statements were made and have been kept by American
Express in the ordinary course of business. In my experience, the systems used by American Express to
create and maintain data for and to produce billing statements and other documents are reliable and kept in a
good state of repair, and American Express’ procedures for inserting transaction and other data into the
systems have built-in safeguards to ensure accuracy and identify errors. Duplicate statements can be obtained
only by authorized American Express personnel or authorized agents pursuant to proper procedures, which
must be followed in order to obtain the statements. The other records referred to herein were created and kept
in the ordinary course of business by American Express and were created at or near the time of the occurrence
of the matters set forth by those records and/or were created based upon information transmitted by a person
with knowledge of the matters set forth in those records. It is the regular business practice of American
Express to make and keep said records. The statements contained in this affidavit are made based on my
personal knowledge of the business records practices of American Express.

4 All American Express credit card accounts are governed by a written agreement (the
“Cardmember Agreement”) setting forth the terms and conditions of the account. When an American Express
account is opened, the Cardmember Agreement is provided to the cardmember. The Cardmember Agreement
provides that use of the card constitutes acceptance of the agreement.

5 All American Express Cardmember Agreements expressly provide that American Express may
change the terms of the Cardmember Agreement from time to time. American Express advises current
cardholders of changes through change-in-terms notices, which are either mailed to American Express
cardmembers in separate mailings or included with or printed on the cardmembers’ monthly billing
statements.

ZATE
TX_AENB_001
SUNKYUNG PARK
Account ending in

6 American Express maintains computerized records of the amounts due and owing to American
Express for any transactions that occur when an individual uses an American Express credit card. The
computerized records reflect all debits and credits in connection with the use of an American Express credit
card. American Express sends or otherwise makes available monthly billing statements to cardmembers who
carry a balance or are otherwise required to receive a monthly statement.

7. Thave personally reviewed American Express’ records concerning defendant SUNK YUNG
PARK (“Defendant”). Those records reflect that Defendant opened an American Express credit card account,
the current account number ending in 001 (the “Account”) in 11/2016. Consistent with American Express’
standard business practices, American Express’ records reflect that it mailed Defendant’s credit card, together
with a copy of Defendant’s Cardmember Agreement, to Defendant when American Express opened
Defendant’s Account. Copies of each of these Cardmember Agreements were transmitted to Defendant as
they were periodically revised or updated. A true and correct copy of the Cardmember Agreement in effect at
the time of cancellation of the Account is annexed hereto as Exhibit “A”.

8 American Express’ records further reflect that Defendant used the Account to pay for various
goods and services and/or obtain cash advances. Consistent with American Express’ standard business
practices, American Express’ records reflect that it transmitted monthly billing statements to Defendant.
There is no record of Defendant ever asserting a valid unresolved objection to the balance shown as due and
owing on the monthly statements provided to Defendant.

9 Pursuant to American Express’ records, under the terms of the Cardmember Agreement,
Defendant defaulted in making the payments due on the Account. American Express’ records reflect that
American Express closed Defendant’s Account. After giving Defendant credit for all payments made, if any,
the amount justly due and owing as of 06/30/22 is $23,145.14, exclusive of court costs and attorneys’ fees. A
true and correct copy of the monthly Account Statements for the defendant’s Account for the period(s)
04/19/21 to 05/19/21 is annexed hereto as Exhibit “B”.

10. Defendant’s Account has not been sold or assigned by American Express, the original creditor
of the account.

ZATE
TX_AENB 001
SUNKYUNG PA
Account ending i in;

AT. Upon information and belief, the Defendant is not now, nor has been within 30 days hereof, in
the military service of the United States as defined in the Servicemembers Civil Relief Act as amended nor an
infant, incompetent, under mental defect or infirm.

Dated: 4 g le VE By: A———
Name: Raquel Hernandez
Title: Assistant Custodian of Records

STATE OF ARIZONA
COUNTY OF MARICOPA
S
Subscribed and sworn (or affirmed) before me this day of , 2022

(Seal)

otary

6 DANIELA ARRIAGA ESPINOZA,
Notary Public - Arizona
Maricopa County
& Commission # 614491
‘My Comm. Expires Oct 8, 2025

ZATE
TX_AENB_001
EXHIBIT A
BICR
Cardmember Agreement: Part 1 of 2 As of: 11/19/2016
Blue Cash Preferred(SM)
Issuer: merican Express Centurion Bank Cardmember Name: SUNKYUNG PARK
Credit imit: $25,000 (Cash Advance Limit: $5,000) Account

Rates and Fees Table
eee)
Annual Percentage Rate
10.00% introductory APR through your billing period that ends in November, 2017.
(APR) for Purchases

After that, your APR will be 18.24%. This APR will vary with the market based on the
Prime Rate.
APR for Balance Transfers {0.00% introductory APR through your billing period that ends in December, 2017 for
transactions requested by January 19, 2017. After that, your APR for those transactions
and any other balance transfer requests that we may accept will be 18.24%.
This APR will vary with the market based on the Prime Rate.
APR for Cash Advances 25.49%
This APR will vary with the market based on the Prime Rate.
Penalty APR and When it 29.49%
Applies
This APR will vary with the market based on the Prime Rate.
This APR may be applied to your account if:
1) you make one or more late payments; of
2) your payment is returned by your bank.
We may also consider your creditworthiness in determining whether or not to apply the
penalty APR to your Account.
How Long Will the Penalty APR Apply? If the penalty APR is-applied, it will apply for
at least 6 months. We will review your Account every 6 months after the penalty APR is
applied. The penalty APR will continue to apply until you have made timely payments with
no returned payments during the 6 months being reviewed.
Paying Interest Your due date is at least 25 days after the close of each billing period. We will not charge
you interest on purchases if you pay your entire balance by the due date each month. We
will begin charging interest on cash advances and balance transfers on the transaction date.
For Credit Card Tips from To learn more about factors to consider when applying for or using a credit card, visit
the Consumer Financial the website of the Consumer Financial Protection Bureau at
Protection Bureau http://www.consumerfinance.govilearnmore

Annual Membership Fee $95
Transaction Fees
* Balance Transfer Either $5 or 3% of the amount of each transfer, whichever is greater. For transactions
requested by January 19, 2017 the fee will be $5 or 3% whichever is greater (maximum fee:
$750).
* Cash Advance Either $5 or 3% of the amount of each cash advance, whichever is greater.
* Foreign Transaction 2.7% of each transaction after conversion to US dollars.
Penalty Fees
* Late Payment Up to $37.
« Returned Payment Up to $37.
* Overlimit None
How we calculate interest: We use the Average Daily Balance method (including new transactions). See the How we
calculate interest section in Part 2.
Loss of Introductory APR: We may end your Introductory APR and apply the penalty APR if you do not pay the
Minimum Payment Due within 60 days after its Payment Due Date.
Your Billing Rights: See Part 2 for information on how to exercise your rights to dispute transactions.

[ENE 1144070000004 997162 997142 Page 1 of 4
How Rates and Fees Work

Calculating The Annual Percentage Rate (APR) for variable rates is determined by adding an amount (margin) to
APRs and DPRs the Prime Rate (see Determining the Prime Rate in Part 2). The Daily Periodic Rate (DPR) is 1/365th off
the APR, rounded to one ten-thousandth of a percentage point.

Rate Description Prime + Margin APR DPR
Introductory Purchase nla 0.00% 0,0000%
Purchase Prime + 14.74% 18.24% 0.0500%
Introductory Balance Transfer nla 0.00% 0.0000%
Balance Transfer Prime + 14.74% 18.24% 0,0500%
Cash Advance Prime + 21.99% 25.49% 0.0698%
Penalty Prime + 25.99% 29.49% 0.0808%
Penalty APR for new The penalty APR may apply to new transactions if: If the penalty APR applies to a balance, it will
transactions * you do not pay at least the Minimum Payment apply to charges added to that balance 15-or
Due by the Payment Due Date on one or more days after we send you notice.
more occasions; or ‘We will review your Account every 6 months after
* your payment is returned by your bank. the penalty APR is applied. The penalty APR
will continue to apply until you have made timely
We may also consider your creditworthiness in payments with no returned payments during the 6|
determining whether or not to apply the penalty months being reviewed.
APR to your Account.

We add fees to a purchase balance, unless we tell you otherwise.
Annual Membership This fee is on the Rates and Fees Table on page 1 of Part 1.
Late Payment Up to $37. If we do not receive the Minimum Payment Due by its Payment Due Date, the fee is $27. If
this happens again within the next 6 billing periods, the fee is $37. However, the late fee will not exceed
the Minimum Payment Due. Paying late may also result in a penalty APR. See Penalty APR for new
transactions and Penalty APR for existing balances above.
Returned Payment Up to $37. If you make a payment that is returned unpaid the first time we present it to your bank, the
fee is $27. If you do this again within the same billing period or the next 6 billing periods, the fee is $37.
However, the returned payment fee will not exceed the applicable Minimum Payment Due. A returned
payment may also result in a penalty APR. See Penalty APR for new transactions above.
Returned Check $38 if you use your card to cash a check at one of our approved locations and the check is returned
unpaid. We will also charge you the unpaid amount.
Overlimit None. See Credit limit and cash advance limit in Part 2.
Account Re-opening $25 if your Account is cancelled, you ask us to re-open it, and we do so.
Balance Transfer 3% of the transaction, with a minimum of $5. A different fee may apply if stated in a promotional offer
or at the time of a transaction. This fee is a finance charge. We will add it to the same balance as the
balance transfer.
Cash Advance 3% of the withdrawal and other services you obtain (including any fee charged by the ATM operator),
with a minimum of $5. We will add this fee to the cash advance balance.
Foreign Transaction .7 % of the converted U.S. dollar amount. This fee is a finance charge. See Part 2 for Converting
charges made in a foreign currency.
Part 1, Part 2 and any supplements or amendments make up your Gardmember Agreement.

(MNS 21100000004 907162 997142 Page
2 of 4
Supplement to the Cardmember Agreement

How Your Reward Program Works
Blue Cash Preferred”
How you earn reward You will earn Blue Cash Reward Dollars™ (reward Purchases made through a third-party payment
dollars dollars) for eligible purchases on your Blue Cash account or on an online marketplace (with
Preferred Card Account. The number of reward multiple retailers) will not eam a higher
dollars you earn is based on a percentage of percentage reward.
the dollar amount of your eligible purchases Merchants are typically assigned codes and
during each billing period. Eligible purchases are categorized based on what they primarily sell.
purchases made on your Card for goods and A purchase will not earn a higher percentage
services minus returns and other credits. reward if the merchant, or a particular merchant
Eligible purchases do NOT include: location, uses a code that is not eligible for a
fees or interest charges, higher percentage reward. For questions about a
balance transfers, higher percentage reward on a purchase, call the
cash advances, number on the back of your Card.
purchases of traveler's checks, A purchase may not eam a higher percentage
purchases or reloading of prepaid cards, or reward if the merchant submits the purchase
purchases of any cash equivalents. using a mobile or wireless card reader or if you
You will earn a reward of: use a mobile or digital wallet.
. 6% on the first $6,000 of eligible purchases
Please visit americanexpress.com/rewards-info
during an annual reward year at supermarkets for more information about rewards.
located in the U.S. (superstores and warehouse
clubs are not considered supermarkets). An
annual reward year is 12 billing periods in a row
beginning with the one that includes January 1st.
If your billing cycle changes, the length of your
annual reward year will also change;
3% on eligible purchases of gasoline at gasoline
stations located in the U.S. (superstores,
supermarkets and warehouse clubs that sell
gasoline are not considered gas stations);
3% on eligible purchases at select major
department stores located in the U.S. (The
current list of select major department stores at
which you can earn a 3% reward is available at
americanexpress.com/rewards-info); and
. 1% on all other eligible purchases.
When you will not earn You will not earn reward dollars for eligible Credits for eligible purchases will reduce the
reward dollars purchases posted to your Card Account during a number of reward dollars you earn.
billing period if the Minimum Payment Due shown
‘on the statement for that billing period is not paid by
the Closing Date of the next billing period.
How you can redeem You can redeem reward dollars for statement From time to time we may at our option offer
reward dollars credits in increments of 25 whenever your total you other ways to redeem reward dollars, such
available reward dollar balance is 25 or more. as for gift cards or merchandise. The minimum
Reward Dollars redeemed for a statement credit redemption is 25 reward dollars.
cannot be used fo pay your Minimum Payment
You cannot redeem reward dollars if your Card
Due.
Account is past due or you have a returned
Redemption will be in the form of a statement payment outstanding.
credit of $4 for every reward dollar redeemed.
The credit cannot be more than the amount of the
outstanding balance on your Card Account.
When you will forfeit You will forfeit your entire reward dollar balance if your Card Account is cancelled for any reason.
reward dollars

MES CMAEUP'SP0000224 Page 3 of 4
The Reward Dollars The reward dollars shown on your billing statement fa credit to your Card Account places your
Summary under the heading Reward Dollars Summary is only eligible purchases in a negative status, the
for informational purposes. It does not show the Reward Dollars Summary on your billing
actual reward dollars that you may be entitled to statement will show a negative balance. It will
receive. For example, a credit for eligible purchases continue to show a negative balance until you
posted to your Card Account can lower the reward accumulate eligible purchases exceeding the
dollars shown. negative eligible purchases,
Other things you should You will only receive rewards for eligible purchases We may change the terms of this program at our
know about this program for personal, family or household use. discretion. If you violate or abuse this program,
Reward dollars are redeemable for rewards as you may forfeit some or all of your acerued
described above, they are not cash. reward dollars.

MN CMAEUPSP0000224 Page 4of4
27529
Detail of Changes to Your Cardmember Agreement
This notice amends the Cardmember Agreement (the "Agreement") as described below. We have the right to amend as described in
the Agreement. Any terms in the Agreement conflicting with this change are replaced fully and completely. Terms not changed by this
notice remain in full force and effect.

Late Payment Fees and Returned Payment Fees
Effective January 1, 2017, the Rates and Fees Table on page 1 of Part 1 of the Cardmember Agreement is amended by deleting the
Penalty Fees row and replacing it with the following:
Penalty Fees
« Late Payment Up to $38.
« Returned Payment Up to $38.

Late Payment Fee
Effective January 1, 2017, the How Rates and Fees Work section on page 2 of Part 1 of the Cardmember Agreement is amended by
replacing each instance of "$37" with "$38."

Returned Payment Fee
Effective January 1, 2017, the How Rates and Fees Work section on page 2 of Part 4 of the Cardmember Agreement is amended by
replacing each instance of "$37" with °$38."

About your payments.
Effective January 1, 2017, the When you must pay section of About your payments in Part 2 of the Cardmember Agreement is
amended by removing the last sentence of the section, which reads "Each statement also shows a Next Closing Date."

CMAEUDFY1000102 Page 1 of 2
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CMAEUDFY1000102 Page 2 of 2
FDR 997162 Cardmember Agreement: Part 2 of 2 Doc 27304

How Your American Express Account Works
Introduction
About your Cardmember This document together with Part 1 make up the When you use the Account (or you sign or keep the
Agreement Cardmember Agreement (Agreement) for the Account card), you agree to the terms of the Agreement.
identified on page 1 of Part 1. Any supplements or
amendments are also part of the Agreement.
Changing the Agreement We may change this Agreement, subject to applicable Changes to some terms may require 45 days advance
law. We may do this in response to the business, legal or notice, and we will tell you in the notice if you have
competitive environment. This written Agreement is a final the right to reject a change. We cannot change certain
expression of the agreement governing the Account. The terms during the first year of your Cardmembership.
written Agreement may not be contradicted by any alleged
oral agreement.
We cannot increase the interest rate on existing balances
except in limited circumstances.
Words we use in We, us, and our mean the issuer shown on page 1 of your Account, such as purchases, cash advances,
the Agreement Part 1. You and your mean the person who applied for balance transfers, fees and interest charges. A
‘this Account and for whom we opened the Account. You purchase is a charge for goods or services. A cash
and your also mean anyone who agrees to pay for this advance is a charge to get cash or cash equivalents.
Account. You are the Basic Cardmember. You may A balance transfer is a charge to pay an amount you
request a card for an Additional Cardmember (see owe on another credit card account.
About Additional Cardmembers in Part 2).
To pay by a certain date means to send your payment
Card means any card or other device that we issue to so that we receive it and credit it to your Account by
access your Account. A charge is any amount added to that date (see About your payments in Part 2).

About using your card
Using the card You may use the card to make purchases. At our We may (but are not required to) tell these merchants
discretion, we may permit you to make cash advances or and third parties if your expiration date or card
balance transfers. You cannot transfer balances from any ‘number changes or if your account status is updated,
other account issued by us or our affiliates. including if your account is cancelled. You must notify
You may arrange for certain merchants and third parties
the merchants and third parties directly if you want
them to stop charging your Account.
to store your card number and expiration date, so that, for
example: Keep your card safe and don't let anyone else use it.
the merchant may charge your account at regular Hf your card is lost or stolen or your Account is being
intervals; or used without your permission, contact us right away.
*® you may make charges using that stored card You may not use your Account for illegal activities.
information.
Promise to pay You promise to pay ail charges, including:
* charges you make, even if you do not present your card or sign for the transaction,
‘* charges that other people make if you let them use your Account, and
* charges that Additional Cardmembers make or permit others to make.
Credit limit and cash We assign a Credit Limit to your Account. We may make * your Account balance (including fees and interest)
advance limit part of your Credit Limit available for cash advances is not more than your Credit Limit, anc
(Cash Advance Limit). There may also be a limit on the * your cash advance balance (including fees and
amount you can withdraw from ATMs in a given period. interest) is not more than your Cash Advance
‘The Credit Limit and Cash Advance Limit are shown on. Limit.
page 1 of Paft 1 and ofi each billing statement. We may approve charges that cause your Account
balance to go over your Credit Limit. Ifwe do this,
We may increase or reduce your Credit Limit and Cash we will not charge an overlimit fee. Ifwe ask you to
Advance Limit. We may do so even if you pay on time and promptly pay the amount of your Account balance
your Account is not in default. above your Credit Limit, you agree to do so.
You agree to manage your Account so that:
Declined transactions We may decline to authorize a charge. Reasons we may and your Account is not in default. We are not
do this include suspected fraud and our assessment of responsible for any losses you incur if we do not
your creditworthiness. This may occur even if the charge authorize a charge. And we are not responsible if any
would not cause you to go over your Credit Limit merchant refuses to accept the card.

Version 997162 Page 1 of 8
About your payments
When you must pay You must pay at least the Minimum Payment Due by at least the Minimum Payment Due in such time and
the Payment Due Date. The Minimum Payment Due manner by the Payment Due Date shown on your
and Payment Due Date are shown on each billing billing statement.
statement.
Each statement also shows a Closing Date. The
Each statement also states the time and manner Closing Date is the fast day of the billing period
by which you must make your payment for it to be covered by the statement. Each Closing Date is about
credited as of the Same day itis received. For your 30 days after the previous statement's Closing Date.
payment to be considered on time, we must receive Each statement also shows a Next Closing Date.
How to make payments Make payments to us in U.S. dollars with: If we receive it after that time, we will credit the
© a.single check drawn on a U.S. bank, or payment on the day after we receive it.
* asingle negotiable instrument clearable through if your payment does not meet the above
the U.S. banking system, for example a money requirements, there may be a delay in crediting your
order, or
an electronic payment that can be cleared through Account. This may result in late fees and additional
the U.S. banking system. interest charges (see How Rates and Fees Work on
page 2 of Part 1).
‘When making a payment by mail:
. make a separate payment for each account, lFwe decide to accept a payment made in a foreign
. mail your payment to the address shown on the currency, we will choose a rate to convert your
payment coupon on your billing statement, and payment into U.S. dollars, unless the law requires us
. write your Account number on your check or to use a particular rate.
negotiable instrument and include the payment
coupon. Hf we process a late payment, a partial payment, or a
If your payment meets the above requirements, we payment marked with any restrictive language, that
will credit it to your Account as of the day we receive will have no effect on our rights and will not change
it, as long as we receive it by the time disclosed in this Agreement.
your billing statement.
How we apply payments and Your Account may have balances with different After the Minimum Payment Due has been paid,
interest rates. For example, purchases may have we apply your payments to the balance with the
a lower interest rate than cash advances. If your highest interest rate, and then to balances with
Account has balances with different interest rates, lower interest rates.
here is how we generally apply payments in a billing In most cases, we apply a credit to the same balance
period: as the related charge. For example, we apply a credit
We apply your payments, up to the Minimum for a purchase to the purchase balance. We may
Payment Due, first to the balance with the lowest apply payments and credits within balances, and
interest rate, and then to balances with higher among balances with the same interest rate, in any
interest rates. order we choose.
About your Minimum Payment Due
How we calculate your To calculate the Minimum Payment Due for each
Minimum Payment Due ‘statement, we start with the higher of: As
(1) interest charged on the statement plus 1% of the
New Balance (excluding any overlimit amount,
penalty fees and interest on the statement); or
(2) $36.
3
Then we add any penalty fees shown on the
35, os
statement and 1/24th of any overlimit amount, round
to the nearest dollar, and add any amount past due. $59.2: wi 0
Your Minimum Payment Due may also include any
additional amount specified in a promotional offer.
Your Minimum Payment Due will not exceed your
New Balance, You may pay more than the Minimum
Payment Due, up to your New Balance, at any time.

Version 997162 Page 2 of 8
About interest charges
When we charge interest We charge interest beginning on the date of each transaction. You can avoid paying interest on purchases as
described below. However, you cannot avoid paying interest on cash advances and balance transfers.
If you pay the New Balance on every statement by * you pay the New Balance on the next statement by
the Payment Due Date, we will not charge interest on the Payment Due Date, we will not charge interest

Case Info

Judge

Tamecia S. Glover Track Judge’s New Case

Case No.

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Document Filed Date

August 02, 2022

Case Filing Date

September 02, 2021

County

Parties

American Express National Bank Plaintiff
Jasmine Necole Cooks Attorney for the Plaintiff
Johnetta Lang Attorney for the Plaintiff
Katheryn Cole Bell Attorney for the Defendant
Park, Sunkyung Defendant
Chidiebele Oha Attorneys for Plaintiffs
Megan Foy Attorneys for Plaintiffs
Melissa Reed Attorneys for Plaintiffs
Jasmine Lewis Attorneys for Plaintiffs
Olen Manning Attorney
Trevon Watson Attorneys for Plaintiffs
Deidre Harris Attorneys for Plaintiffs
Ajeet Badesha Attorneys for Plaintiffs

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Document for American Express National Bank v. Sunkyung Park

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