Legal Document: American Express National Bank v. Anwar Chowdhury

On September 02, 2021 a Plaintiff's Motion for Summary Judgment - Motion (No Fee) Index # 9 was filed involving a dispute between American Express National Bank, and Chowdhury, Anwar, for Contract - Consumer/Commercial/Debt in the District Court of Fort Bend County.

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Filed
8/2/2022 12:30 PM
Beverley McGrew Walker
District Clerk
Fort Bend County, Texas
Erica Rodriguez

NO, 21-DCV-287020

AMERICAN EXPRESS NATIONAL § IN THE DISTRICT COURT
BANK,
Plaintiff § 240TH JUDICIAL DISTRICT

v. § FORT BEND COUNTY, TEXAS
§
ANWAR CHOWDHURY, §
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), Anwar Chowdhury, 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

are the affidavits of a duly authorized agent(s) of Plaintiff. The client affidavits include as

an attachment true and correct copies of the applicable supporting account documents for

account ending inj account ending inj and account ending in

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 §.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 8.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 $.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. Jd.

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

anifest 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 Plaintiffis entitled to judgment as a matter of law” and that Plaintiff be

granted summary judgment against Defendant(s), Anwar Chowdhury, for the following:

1 The total principal sum of the combined accounts ($3,536.60 for account
ending is 756.83 for account ending in boa $161.67 for account
ending in]aimed for in Plaintiff's Complaint of $5,455.10, and
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, EA
tye NETTA LANG, ESQ.
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
Cr hig OF
ee SERVICE

any ot PLUAUCT,
I hereby certify that on the DN? day of U 2022, eh 2022, this office served a true and correct
copy of the foregoing in accordance with the Rule 21a of the Texas Rules of Civil Procedure upon
the below listed interested parties via

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

ANWAR CHOWDHURY
17110 SIMON CT
RICHMOND, TX 77407

LL NETTA LANG, ESQ.
Picea WATSON, ESQ
| | TABITHA HAYNES, ESQ
[ ] DEIDRE HARRIS, ESQ
| | AJEET BADESHA, ESQ
NO, 21-DCV-287020

AMERICAN EXPRESS NATIONAL § IN THE DISTRICT COURT
BANK,
Plaintiff § 240TH JUDICIAL DISTRICT

v, § FORT BEND COUNTY, TEXAS
§
ANWAR CHOWDHURY, §
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. ANWAR CHOWDHURY
EXHIBIT “A”
Affidavit in Support of Judgment

AMERICAN EXPRESS NATIONAL BANK V. ANWAR CHOWDHURY
ANWAR CHOWDHURY
Account ending in:

AFFIDAVIT OF PLAINTIFF

I, Raquel Hernandez, declare and state as follows:

1 Iam 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. J 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
ANWAR CHOWDHURY
Account ending inl

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
Ihave personally reviewed American Express’ records concerning defendant ANWAR
CHOWDHURY (“Defendant”). Those records reflect that Defendant opened an American Express credit
card account, the current account number ending in{previous|. (the “Account”) in 10/2018.
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 $3,536.60, 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)
04/18/21 to 05/18/21 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
ANWAR CHOW: ¥
Account ending in:

11. 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: ] | < | 2p By: eo
Name: Raquel Hernandez
Title: Assistant Custodian of Records

STATE OF ARIZONA
COUNTY OF MARICOPA

huab da
Subscribed and sworn (or affirmed) before me this 5S

(Seal)

DANIELA ARRIAGA ESPINOZA
Notary Public - Arizona
Maricopa County
We Commission = 614491
My Comm, ExpiresOct 8, 2025

ZATE
TX_AENB_001
EXHIBIT A
BICR
Cardmember Agreement: Part 1 of 2 As of: 10/30/2018
Amazon Business Prime Card Company Name: APIX SERVICES
Cardmember Name: ANWAR CHOWDHURY
Credit Limit: $3,000 (Cash Advance Limit: $600) Accouni|
Rates and Fees Table Issuer: American Express National Bank

nnual Percentage Rate
(APR) for Purchases 24.24% (Prime Rate + 18.99% )
This APR will vary based on the Prime Rate.
APR for Cash Advances 126.99% (Prime Rate + 21.74%)
This APR will vary based on the Prime Rate.
Penalty APR and When it 29.99% (Prime Rate + 25.98%)
Applies
This APR will vary based on the Prime Rate.
This APR will apply, subject to the following paragraph, to all balances on your account if
you:
1) make a payment that is returned;
2) make 2 late payments in 12 months; or
3) do not make the Minimum Payment due by the closing date of the billing period in
which itis due.
When Does the Penalty APR Apply to Payment Terms Purchases? If the penalty
APR is applied for any of these reasons, it will apply, subject to applicable law, to
Payment Terms purchases from the day after the Payment Terms period ends and for the
remaining duration that the Penalty APR applies. See When we charge interest in Part 2.
How Long Will the Penalty APR Apply? If the penalty APR is applied for any of these
reasons, it will apply, subject to applicable law, for at least 12 billing periods in a row.
In addition, the penalty APR will continue to apply until after you have made timely
payments with no returned payments for 12 billing periods in a row.
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 standard balance by the due date each
month. Payment Terms purchases will be included in the standard balance after their
Payment Terms period has expired. We will not charge you interest on Payment Terms
purchases during their Payment Terms period. We will begin charging interest on cash
advances on the transaction date.

Annual Membership Fee None
Transaction Fees
* Cash Advance Either $5 or 3% of the amount of each cash advance, whichever is greater.
* Foreign Transaction None
Penalty Fees
« Late Payment Up to $38.
+ Returned Payment $38
* 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.

WME CMAENACT 0000024 1065986 1065036 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 of|
the APR, rounded to one ten-thousandth of a percentage point.
Rate Description Prime + Margin APR DPR
Purchase Prime + 18.99% 24.24% 0.0664%
Cash Advance: Prime + 21.74% 26.99% 0,0739%
Penalty Prime + 25,99%* 29.99% 0.0822%
*The variable penalty APR will not exceed 29.99%
When the penalty APR will The penalty APR applies, subject to the paragraph below, to all balances on your account if:
apply * you do not pay at least the Minimum Payment Due by the Closing Date of the billing period in
which itis due;
* you do not pay at least the Minimum Payment Due by the Payment Due Date 2 times in 12 billing
periods; or
* your payment is returned by your bank.
If the penalty APR is applied for any of these reasons, it will apply, subject to applicable law,
Payment Terms purchases from the day after the Payment Terms perlod ends and for the remaining
duration that the Penalty APR applies. See When we charge interest in Part 2.

We AP vert br 12 bling geese nator hve made il ayments wih no etuned
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 14 of Part 1.
Late Payment Up to $38. If we do not receive the Minimum Payment Due by its Payment Due Date, the fee is $38.
However, the late fee will not exceed the Minimum Payment Due. Paying late may also result ina
penalty APR. See When the penalty APR will apply above.
Returned Payment $38 if your payment is retumed unpaid the first time we present it to your bank. A returned payment
may also result ina penalty APR. See When the penalty
APR will apply above.
Returned Check $38 if you use your card to cash a check at one of our approved locations and the check is retumed
unpaid. We will also charge you the unpaid amount.
Overlimit None. See Credit limit and cash advance limit in Part 2.
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 None
Part 1, Part 2 and any supplements or amendments make up your Cardmember Agreement.

MEEEEBENEN CM|AENAOT0000024 1085986 1065936 Page 2 of 4
Supplement to the Cardmember Agreement

How Your Reward Program Works
Amazon Business American Express Card
Amazon Prime We determine your rewards status based on If your Amazon account has an eligible Prime
membership and your whether the Amazon.com or Amazon Business membership at the time your Card application is
Card account through which you applied for your Card submitted, you will be issued a Card with Prime
(your “Amazon account") has an eligible Prime branding. If your Amazon accaunt does not have
membership. Additional Cards on your Account wilt an eligible Prime membership at the time your Card
have the same rewards status as your Card. application is submitted, you will be issued a Card
Your rewards status will change if your Prime without Prime branding.
membership changes (for example, if your eligible If your rewards status changes, we may, but are not
Prime membership ends). Your rewards status will required to, send you a new Card branded to reflect
be updated within 48 hours after a change to your your rewards status. if we send you a new Card,
eligible Prime membership. your account number will remain the same.
See the Amazon Rewards Program Agreement Your rewards status when you make a
at americanexpress.com/amazonrewards (the purchase, and not the branding on your Card or
“Rewards Program Terms”) for information about Card communications, will determine whether
eligible Prime membership and information about you will receive the benefits associated with
how to confirm your rewards status. eligible Prime membership for that purchase.
Your rewards options When using your Card for eligible purchases on Your default selection for your rewards option will
on designated Amazon designated Amazon properties, you wi!l have the initially be set to earn % Back rewards. See the
properties option to either (i) earn % Back rewards on your Rewards Program Terms for information on how
purchase or (ii) select Payment Terms for a fixed you may update your default rewards selection. For
period of time. We refer to this option es your some purchases on designated Amazon properties,
rewards option. You will not earn % Back rewards you may be allowed to select your rewards option
‘on any purchase for which you choose Payment at the point of sale, In those instances, only your
Terms. selection at point of sale will be honored, even
See the Rewards Program Terms for information if it differs from your default selection, Additional
on eligible purchases and the designated Amazon Cardmembers cannot select the rewards option
properties. at the point of sale in the same way the Basic
Cardmember can; the selected default rewards
option will apply to such purchases. You cannot
change the rewards option which is applied to your
purchase, or to a purchase made by an Additional
Cardmember, after the applicable purchase has
been made.
Payment Terms option If you have an eligible Prime membership at the Payment Terms balances are included in your
time of purchase, and you select the Payment Minimum Payment Due calculation.
Terms option, or if your default selection for
See How we calculate your Minimum Payment Due
Payment Terms applies, payment will be due no
and When we charge interest section in Part 2 of
less than 90 days from the date of purchase, the Agreement.
If you do not have an eligible Prime membership at
the time of purchase, and you select the Payment
Terms option, or if your default selection for
Payment Terms applies, payment will be due no
less than 60 days from the date of purchase.
% Back rewards % Back rewards are governed by this Agreement You may simply see "% Back” in marketing
and the Rewards Program Terms. If you select materials when referring to the rewards you can
the % Back rewards option during the checkout eam.
process, or if your default selection for % Back
rewards applies, you will earn % Back rewards on
that purchase.

NE CMAENPSP0000248 Page 3 of 4
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REE CMAENPSP0000248, Page 4 of 4
FDR 1065986
Cardmember Agreement: Part 2 of 2 Doc 28514

How Your American Express Account Works
Introduction
About your Cardmember This document together with Part 1 make up ‘When you or an Additional Cardmember, as defined
Agreement the Cardmember Agreement (Agreement) for below, use the Account (or sign or keep a card), you
the Account identified on page 1 of Part 1. Any agree to the terms of the Agreement.
supplements or amendments are also part of the
Agreement.
Words we use in the We, us, and our mean the issuer shown on page To pay by a certain date means to send your payment
Agreement 1 of Part 1. Except as provided below, Basie so that we receive it and credit it to your Account by
Cardmember means the person who applied that date (see About your payments in Part 2),
for this Account or to whom we address billing
statements, Company means the business for which We may refer to the Card as the Amazon Business
the Account is established. You and yourmean the American Express Card or the Amazon Business
Basic Cardmember and the Company. You agree, Prime American Express Card. All terms and
jointly and severally, to be bound by the terms of this conditions that apply to the Amazon Business
Agreement. American Express Card also apply to the Amazon
Business Prime American Express Card.
Card means any card or other device that we issue to
access the Account. A eharge is any amount added
to the Account, such as purchases, cash advances,
balance transfers, fees and interest charges. A
purchase is a charge for goods or services. A cash
advance is a charge to get cash or cash equivalents.
A balance transfer is a charge to pay an amount you
owe on another credit card account. Payment Terms
means that a charge associated with a purchase
subject to Payment Terms will not become due and
will not begin to accrue interest for a predetermined
period of time, A Payment Terms purchase is a
purchase to which Payment Terms applies under
this Agreement. The Payment Terms period is the
period during which a Payment Terms purchase will
not accrue interest. The end of a Payment Terms
period will be indicated by "subject to interest after
MMIDD/YYYY" on your statement. After its Payment
‘Terms period expires, a Payment Terms purchase
is treated like other purchases. Your standard
balance includes all billed amounts other than
current Payment Terms purchases.
Additional Cardmembers At your request, we may issue cards to Additional You authorize us to give Additional Cardmembers
Cardmembers. They do not have accounts with us information about the Account and to discuss it with
but they can use your Account subject to the terms of them,
this Agreement.
If you want to cancel an Additional Cardmember's
You are responsible for all use of the Account by right to use your Account (and cancel their card) you
Additional Cardmembers and anyone they allow must tell us,
to use the Account. You must pay for all charges
they make. You must share this agreement with all We may refer to Additional Card(s) and Additional
Additional Cardmembers. Cardmember{s) as Employee Cards) and Employee
Cardmember(s). All terms and conditions that apply to
You must tell Additional Cardmembers that: Additional Cards also apply to Employee Cards.
* we may obtain, provide and use information about
them.
« their use of the Account Is subject to this
Agreement.
Replacement Basic You must tell us if the Basic Cardmember is no longer obligations and liabilities of the Basic Cardmember
Cardmember an employee or officer of the Company or does not under this Agreement, as of the date that such person
want to be the Basic Cardmember, In that case, you replaces the Basic Cardmember. That person Is
must either close the Account, or propose another subject to our approval.
person to replace the Basic Cardmember.
You agree that the Basic Cardmember remains the
If you propose another person to replace the Basic Basic Cardmember until we approve a replacement or
Cardmember, that person must agree to assume the the Account is closed.

Version 1065986 Page 1 of 10
About using your card
Using the card Cards may be used for purchases. At our discretion, We may (but are not required to) tell these merchants
we may permit you to make cash advances or and third parties if your expiration date or card number
balance transfers, You cannot transfer balances from changes or if your account status is updated, including
any other account issued by us and/or our affiliates. if your account Is cancelled. If you do not want us
Each Cardmember acknowledges and agrees that to share your updated account information, please
cards are intended to be used for the Company's, contact us using the number on the back of your card.
commercial or business purposes. Keep the cards safe. Do not let anyone use them.
You may arrange for certain merchants and third Ifa card is lost or stolen or the Account is being
parties to store your card number and expiration date, used without permission, contact us right away. The
so that, for example: Account may not be used for illegal activities.
© the merchant may charge your account at regular
intervals; or
‘© you may make charges using that stored card
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, whether or not you or an Additional Cardmember intend to let them use the
Account, subject to applicable law, and if you let them use your Account, and
* charges that Additional Cardmembers make or permit others to make.
Credit limit and cash advance We assign a Credit Limit to the Account. We may You agree to manage the Account so that:
limit make part of the Credit Limit available for cash * the Account balance (Including fees and interest) is
advances (Cash Advance Limit), There may also be not more than the Credit Limit, and
a limit on the amount you can withdraw from ATMs in ® the cash advance balance (including fees and
a given period, The Credit Limit and Cash Advance interest) is not more than the Cash Advance Limit.
Limit are shown on page 1 of Part 1 and on each We may approve charges that cause the Account
billing statement. balance to go over the Credit Limit. If we do this,
We may increase or reduce the 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 promptly pay the amount of the Account balance
and the Account Is not in default. above the Credit Limit, you agree to do so,

Declined transactions We may decline to authorize a charge. Reasons We are not responsible for any losses you or any
we may do this include suspected fraud and our Additional Cardmembers incur if we do not authorize
assessment of your creditworthiness. This may occur a charge. And we are not responsible if any merchant
even if the charge would not cause you to go over refuses to accept the card.
your Credit Limit and your Account is not in default.

About your payments
When you must pay You must pay at least the Minimum Payment Due by manner by the Payment Due Date shown on your
the Payment Due Date. The Minimum Payment Due billing statement.
and Payment Due Date are shown on each billing
statement, Each statement also shows a Closing Date. The
Closing Date is the last day of the billing period
Each statement also states the time and manner covered by the statement. Each Closing Date is
by which you must make your payment for it to be about 30 days after the previous statement’s Closing
credited as of the same day it is received. For your Date.
payment to be considered on time, we must receive at
least the Minimum Payment Due in such time and
How to make payments Make payments to us in U.S. dollars with: billing statement. if we receive it after that time, we
* asingle check drawn on a U.S, bank, or will credit the payment on the day after we receive it.
* a single negotiable instrument clearable through
the U.S. banking system, for example a money If your payment does not meet the above
order, or requirements, there may be a delay in crediting the
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
When making @ payment by mail: page 2 of Part 1).
. 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
curreney, we will choose a rate to convert your
payment coupon on the billing statement, and
. write the Account number on your check or payment Into U.S. dollars, unless the law requires us
negotiable instrument and include the payment to use a particular rate.
coupon. If 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 the Account as of the day we receive it, will have no effect on our rights and will not change
as long as we receive it by the time disclosed in the this Agreement.

Version 1065986 Page 2 of 10
How we apply payments and Your Account may have balances with different Interest rates. For example, purchases may have a lower
credits interest rate than cash advances. if your Account has balances with different interest rates, here is how we
generally apply payments in a billing period:
° We apply your payments, up to the Minimum Payment Due, first to the balance with the lowest interest rate,
and then to balances with higher interest rates.
. After the Minimum Payment Due hae been paid, we apply your payments to the balance with the highest
interest rate, and then to balances with lower interest rates.
In most cases, we apply a credit to the same balance as the related charge. For example, we apply a credit for
a purchase to the purchase balance. Subject to the following paragraph, we may apply payments and credits
within balances, and among balances with the same interest rate, in any order we choose.
Any payments that are greater than the billed standard balance will first apply to other standard balances,
including unbilled charges, then to any Payment Terms balances. Any excess payment originally applied
to Payment Terms balances will be moved to any future standard balance that is established prior to the
expiration of the Payment Terms period for such Payment Terms balance.

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: = ~—
EXAMI me thatyour Total Balance 1S
(1) interest charged on the statement plus 1% of the 15:
Total Balance (excluding any overlimit amount, ouint, pene fee: ast
ne
penalty fees and interest on the statement); or ae ne
(2) $35. @ =cs
a
Then we add any penalty fees shown on the is hee
statement and 1/24th of any overlimit amount, round iG a
to the nearest dollar, and add any amount past due. The higher of (1) or(2) is 27, whic Inds.
Your Minimum Payment Due may also include any
ee a 00,

Case Info

Judge

Stuti Trehan Patel Track Judge’s New Case

Case No.

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Document Filed Date

August 02, 2022

Case Filing Date

September 02, 2021

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Document for American Express National Bank v. Anwar Chowdhury

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