Preview
Filed
GR mM 8/2/2022 10:42 AM
Beverley McGrew Walker
District Clerk
Fort Bend County, Texas
Dreamy Jose
NO. 21-DCV-279966
AMERICAN EXPRESS NATIONAL § IN THE DISTRICT COURT
BANK,
Plaintiff § 458TH JUDICIAL DISTRICT
v. § FORT BEND COUNTY, TEXAS
§
JAMIE MILLER AKA JAMIE R MILLER, §
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), Jamie Miller Aka Jamie R Miller, 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
account
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 §.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
TA
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 8.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 [1S] 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 statcment 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. Id. 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), Jamie Miller Aka Jamie R Miller, for the
following:
1 The principal damages amount claimed for in Plaintiff's Complaint of
$19,083.42 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:
[] 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
I hereby certify that on the say of fugust
copy of the foregoing in accordance with the Rule 21a
2022, this office served a true and correct
of the Texas Rules of Civil Procedure upon
the below listed interested parties via
[ ] First-Class Mail
[“] E-Service
{ ] Certified Mail
MICHAEL WESTON
177 WEST GRAY ST
HOUSTON, TX 77019
LAWSUITS@WESTONLEGAL.COM
AGEEZ _
[ ] JOHNETTA LANG, ESQ.
[ ] TREVON WATSON, ESQ.
[ ] TABITHA HAYNES, ESQ
[ ] DEIDRE HARRIS, ESQ.
ix{ AJEET BADESHA, ESQ.
NO. 21-DCV-279966
AMERICAN EXPRESS NATIONAL § IN THE DISTRICT COURT
BANK,
Plaintiff § 458TH JUDICIAL DISTRICT
Vv. § FORT BEND COUNTY, TEXAS
JAMIE MILLER AKA JAMIER MILLER, §
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. JAMIE MILLER AKA JAMIE R MILLER
EXHIBIT “A”
Affidavit in Support of Judgment
AMERICAN EXPRESS NATIONAL BANK V. JAMIE MILLER AKA JAMIE R MILLER
JAMIE MILLER AKA JAMIE R MILLER
Account ending in: Bm
AFFIDAVIT OF PLAINTIFF
I, Raquel Hernandez, declare and state as follows:
1 Tam 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. J 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 ina
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
JAMIE MILLER AKA JAMIE R MILLER
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.
1
Ihave personally reviewed American Express’ records concerning defendant JAMIE MILLER
AKA JAMIE R MILLER (“Defendant”). Those records reflect that Defendant opened an American Express
credit card account, the current account number ending ithe “Account”) in 04/2016. 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 $19,083.42, 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)
09/18/19 to 10/18/19 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
JAMIE MILLER AKA JAMIE R MILLER
Account ending in
ne 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.
wa
Dated:_“] s wo By:
Name: Raquel Hernandez
Title: Assistant Custodian of Records
STATE OF ARIZONA
COUNTY OF MARICOPA
Subscribed and sworn (or affirmed) before me this
(Seal)
otary
a DANIELA ARRIAGA ESPINOZA
Notary Public - Arizona
Maricopa County
&S Commission # 614491
‘My Comm, Expires Oct 8, 2025
ZATE
TX_AENB_001
EXHIBIT A
ICR
Cardmember Agreement: Part 1 of 2 As of: 04/19/2016
Hilton HHonors Card
Issuer: American Express Bank, FSB Cardmember Name: JAMIE MILLER
Credit Limit: $18,500 (Cash Advance Limit: $3,700) Account
Rates and Fees Table
Urea)
Annual Percentage Rate
(APR) for Purchases
17.49%
This APR will vary with the market based on the Prime Rate.
APR for Balance Transfers 17.49% for any balance transfer requests we may accept.
This APR will vary with the market based on the Prime Rate.
APR for Cash Advances 125.49%
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 will apply to your account if you:
1) make one or more late payments; or
2) make a payment that is returned.
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.gov/learnmore
es
Annual Membership Fee None
Transaction Fees
* Balance Transfer Either $5 or 3% of the amount of each transfer, whichever is greater.
* 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.
Your Billing Rights: See Part 2 for information on how to exercise your rights to dispute transactions.
MEN 114400000004 997071 997105 Page
1 of 4
How Rates and Fees Work
ie
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 of|
the APR, rounded to one ten-thousandth of a percentage point.
Rate Description Prime + Margin APR DPR
Purchase Prime + 13.99% 17.49% 0.0479%
Balance Transfer Prime + 13.99% 17.49% 0.0479%
Cash Advance Prime + 21.99% 25.49% 0.0698%
Penalty Prime + 25.99% 29.49% 0,0808%
Penalty APR for new The penalty APR applies 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 Closing Date of the billing period more days after we send you notice,
in which it is due, We will review your Account every 6 months after
* you do not pay at least the Minimum Payment the penalty APR is applied. The penalty APR
Due by the Payment Due Date 2 times in 12 will continue to apply until you have made timely
iling periods, or payments with no returned payments during the 6
* your payment is returned by your bank. months being reviewed.
Penalty APR for existing if you do not pay at least the Minimum Payment Due within 60 days after its Payment Due Date, we
balances can apply the penalty APR to those balances it does not already apply to. After you pay on time for 6
billing periods in a row, the penalty APR will no longer apply to those balances (but it may still apply to
other balances as described above).
igs
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 2.7% 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 Cardmember Agreement.
MES 144070000004 997071 997105 Page
2 of 4
Supplement to the Cardmember Agreement
How Your Reward Program Works
Hilton HHonors®
How you receive points You receive 3 Hilton HHonors™ Bonus Points Eligible purchases do NOT include:
{points) for each dollar of eligible purchases on fees or interest charges,
your Hilton HHonors™ Card. Eligible purchases are balance transfers,
purchases for goods and services minus returns cash advances,
and other credits. purchases of traveler's checks,
purchases or reloading of prepaid cards, or
purchases of any cash equivalents.
How you receive You receive 4 additional points (a total of 7 Merchants are typically assigned codes and
additional points points) for each dollar of eligible purchases on your categorized based on what they primarily sell. A
Card Account charged directly with a participating purchase will not receive additional points if the
property within the Hilton Worldwide portfolio. merchant, or a particular merchant location, uses
You receive 2 additional points (a total of 5 a code that is not eligible for additional points. For
points) for each dollar of eligible purchases on your questions about additional points on a purchase,
Card Account: call the number on the back of your Card.
* at restaurants located in the U.S., A purchase may not receive additional points if
* at supermarkets located in the U.S. the merchant submits the purchase using a mobile
( superstores and warehouse clubs are not or wireless card reader or if you use a mobile or
considered supermarkets), and digital wallet.
* on gasoline at gas stations located in the U.S. Please visit americanexpress.com/rewards-info
(superstores, supermarkets and warehouse for more information about rewards
clubs that sell gas are not considered gas
stations).
Purchases made through a third-party payment
account or on an online marketplace (with multiple
retailers) will not receive additional points.
When we transfer points We transfer the points you receive to your Hilton HHonors program account after the end of the billing
period in which you received them.
When you will forfeit If the Minimum Payment Due is not paid by the Closing Date of the billing period in which it is due, you
points. Will forfeit the points you received for eligible spending during that billing period. You may reinstate those
points within the next 12 billing periods if your Card Account is not past due and you pay a $35 fee.
Hilton HHonors You may receive an upgrade to the Hilton HHonors It will take about 10 to 12 weeks after the eligible
Gold Status Gold status based on your eligible spending for the spend level is reached for your Hilton HHonors
calendar year. If your eligible spending during a Gold status to become effective.
calendar year reaches $20,000 or more, you will be Your upgrade will expire after 12 months unless
upgraded to the Hilton HHonors Gold status. your eligible spending during the next calendar
Only the Basic Cardmember will be enrolled. year again qualifies you for an upgrade.
A calendar year is from January 1 to December 31
regardless of when you open your Card Account.
Other things you should You will receive points only for eligible spending We are not responsible for points after they are
know about this program intended for personal, family or household use. credited to your Hilton HHonors program account.
We may change the terms of this program at our We are also not responsible for the actions of
discretion. If you violate or abuse this program, you Hilton on your Hilton HHonors program account.
may forfeit some or all of your points. Hilton HHonors membership, earning of Points
& Miles® and redemption of points are subject to
HHonors Terms and Conditions. You should refer
fo that document for details on:
* how to redeem your points,
* Hilton HHonors’ rightto change its program
terms, and
* other conditions that may apply to the Hilton
HHonors' program.
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FDR 997071 Doe 27304
Cardmember Agreement: Part 2 of 2
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 yaur 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 if your expiration date or card number changes or
balance transfers, You cannot transfer balances from any if your account is cancelled. You must notify the
other account issued by us or our affiliates. merchants directly if you want them to stop charging
your Account.
‘You may arrange for certain merchants 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 If 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 Accountfor illegal activities.
information.
Promise to pay You promise to pay all 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, and
(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 Part 1 and on each billing statement. We may approve charges that cause your Account
balance to go over your Credit Limit. If we do this,
We may increase or reduce your Credit Limit and Cash ‘we will not charge an overlimit fee. If we 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 997071 Page 1 of 8
About your payments
When you must pay You must pay at least the Minimum Payment Due by at feast 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
tach statement also states the time and manner Closing Date is the last 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 it is 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
* asingle 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, If we 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 patticular rate.
negotiable instrument and include the payment
coupon. If we process a late payment, a partial payment, ora
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:
(1) interest charged on the statement plus 1% of the 3 anital
New Balance (excluding any overlimit amount, int mount
penalty fees and interest on the statement); or (1) 9,
(2) $35. ($3000
Then we add any penalty fees shown on the
statement and 1/24th of any overlimit amount, round
to the nearest dollar, and add any amount past due.
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.
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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 thé next statement by
the Payment Due Date, we will not charge interest on the Payment Due Date, we will not charge interest
purchases. on purchases from the date of your payment to
the Closing Date of the billing period in which you
If you pay the New Balance on a statement by the made that payment. But we will charge interest on
Payment Due Date and then you pay less than the purchases from the beginning of that billing period
New Balance on the following statement by the until the date of your payment.
Payment Due Date, we will not charge interest on the you pay the New Balance on each of the next two
portion of the purchase balance that we apply that statements by their Payment Due Dates, we will
payment to. But we will charge interest on unpaid
not charge interest on purchases on the following
statement.
purchases.
Also, we will not charge interest on purchases on a
If you do not pay the New Balance on a statement by ‘statement if the Previous Balance on that statement is
the Payment Due Date and then: Zero or a credit balance.
How we calculate interest We calculate interest for a billing period by first figuring the interest on each balance. Different categories of
transactions--such as purchases and cash advances--may have different interest rates. Balances within each
category may also have different interest rates.
We use the Average Daily Balance method Daily Balance
{including new transactions) to figure interest For each day a DPRis in effect, we figure the dally
charges for each balance. The total interest charged balance by:
for a billing period is the sum of the interest charged taking the beginning balance for the day,
‘on each balance. * adding any new charges,
* subtracting any payments or credits; and
Interest making any appropriate adjustments.
The interest charged for a balance in a billing period, We add a new charge t