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Case Number: COCE-18-000442 Division: 56
Filing # 66132936 E-Filed 01/04/2018 07:45:51 PM
IN THE COUNTY COURT
IN AND FOR BROWARD COUNTY, FLORIDA
CASE NO:
Bank of America, N.A.,
Plaintiff,
COMPLAINT FOR DAMAGES
vs. ATTORNEY BAR NO: 0597708
BURLEY RASHOD KNOWLES III,
Defendant.
/
Plaintiff Bank of America, N.A. complains of Defendant, BURLEY RASHOD KNOWLES
IH, and would respectfully show the following:
JURISDICTION
1 This is an action for damages that are within the jurisdictional limits of this court
exclusive of costs.
SERVICE
2. Defendant may be served at the address listed on the court summons.
VENUE
3 Venue of this action is proper in the county named above because the Defendant is a
resident of this county.
FACTS
4. Plaintiff is a national banking association organized and existing under the laws of
the United States of America and having its principal place of business in Charlotte, North
Carolina.
5. Bank of America, N.A. (“BANA”) is a wholly-owned subsidiary of Bank of
America Corporation and the successor-in-interest to FIA Card Services, N.A., formerly known as
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 1/4/2018 7:45:49 PM.****
MBNA America Bank, N.A. (“FIA”). FIA was merged into and under the charter and title of
BANA effective October 1, 2014.
6 Defendant applied for and received a credit account, which is owned and
administered by Plaintiff (the “Account”). Defendant used or authorized the use of the Account for
the acquisition of goods, services, balance transfers or cash advances in accordance with the
customer agreement (“Agreement”) governing use of the Account with Plaintiff.
7
Defendant breached the Agreement by failing to make periodic payments as
required thereby and the Account was subsequently charged-off. The entire balance on the
Account is owed to Plaintiff and is presently due and payable in full.
8 The current Account balance is $5,718.24, which includes any applicable payments
and credits. The Account is not accruing post charge-off interest.
9 In accordance with federal regulations, monthly periodic statements for the Account
have been provided to the Defendant. Attached hereto and incorporated herein are copies of
periodic account statements provided to Defendant prior to charge-off. Based on Plaintiff's
records, there are no unresolved billing disputes related to the Account.
FIRST CAUSE OF ACTION —- BREACH OF CONTRACT
Plaintiff realleges paragraphs 1 - 9 as though fully stated herein.
10. The issuance of a credit account constitutes the offer of a contract. See, e.g., Bank
One, Columbus, N.A. v. Palmer, 63 Ohio App. 3d 491, 492, 579 N.E.2d 284, 285 (Ohio Ct. App.
1989). Use of a credit account constitutes acceptance of the terms of the cardmember agreement.
See, e.g., Grasso v. First USA Bank, 713 A.2d 304 (Del. 1998); Read v. Gulf Oil Corporation, 114
Ga. App. 21, 150 S.E.2d 319, 320 (1966); Petroleum Co. v. McMillan, 168 S.W. 2d 881 (Tex. Civ.
App. 1943). Even in the absence of such an agreement the issuance of the credit account
constitutes an offer of credit, and the use of the credit account constitutes the acceptance of the
offer of credit. Feder v. Fortunoff, 474 N.Y.S. 2d 937 (N.Y. 1984), citing Empire Nat'l Bank v.
Monahan, 82 Misc. 2d 808, 370 N.Y.S.2d 840 (N.Y. County Ct. 1975).
11. By using and/or authorizing the use of the credit account Defendant accepted the
contract with Plaintiff and became bound to pay for all charges incurred with the credit account.
Defendant also became subject to all of the terms and conditions of the credit agreement.
12. Defendant defaulted in the payment obligation on the credit account. Such breach of
contract proximately caused the Plaintiff damages in the amount of the balance due on the credit
account.
13. Defendant is presently indebted to Plaintiff in the amount of $5,718.24. Plaintiff
seeks judgment for such sum and court costs.
SECOND CAUSE OF ACTION - ACCOUNT STATED
Plaintiff realleges paragraphs 1 - 9 as though fully stated herein.
14. In the alternative, and without waiving the foregoing, Plaintiff asserts that
Defendant’s use of the credit account to purchase goods and services represented a periodic
account, for which Plaintiff generated regular monthly statements.
15, By submitting the payments in response to the statement generated and provided by
Plaintiff, the Defendant has accepted the resulting balance.
16. There are no unresolved billing disputes made in response to receiving the account
statements and, therefore, Defendant has agreed to the resulting balance.
17. Defendant is liable to Plaintiff for the account balance of $5,718.24. Plaintiff seeks
judgment for such sum and court costs.
CONDITIONS PRECEDENT
18. Through its undersigned attorney, Plaintiff has demanded payment from Defendant,
but Defendant has not satisfied such demand. Plaintiff has performed all conditions precedent to
the filing of this action, or all such conditions precedent have occurred.
WHEREFORE, premises considered, Plaintiff prays that Defendant be summoned to
appear, and that upon entry of default or final hearing, Plaintiff have judgment against Defendant
for:
$5,718.24, which is the balance due on the credit account; and
all costs of court.
Respectfully submitted,
Andreu, Palma, Lavin & Solis, PLLC
Attorneys for Plaintiff
1000 NW 57" Ct., Ste. 400
Miami, FL 33126
Tel. (305) 631-0175
Fax. (305) 631-1816
FBN 0597708
E-mails: pleadings] @andreupalma.com;jpalma@andreupalma.com
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Credit Card Agreement Bankof America
for BURLEY RASHOD KNOWLES III
This Agreement is for your credit card account with us. It
applies to you and all authorized users.
In addition to the features outlined in this Agreement, you
may be offered other benefits, which will be governed by
separate agreements.
TABLE OF CONTENT!
ACCOUNT SUMMARY TABLE.
YOUR CONTRACT WITH US...
TYPES OF TRANSACTIONS.
INTEREST AND FEES.
PAYMENTS AND DEF)
CREDIT AVAILABILITY.
LIMITATIONS /WARNINGS..
MISCELLANEOUS...
YOUR BILLING RIGHTS. 14
ACCOUNT SUMMARY TABLE
As required by law, rates, fees, and other costs of this credit card account are disclosed here. All account
terms are governed by the Credit Card Agreement. Account and Agreement terms are not guaranteed for
any periad of time; all terms, including fees and the APRs, may change in accordance with the Agreement
and applicable law. The reasons we may change these terms include the following: a change in regulation
or legislation, or a change in the interpretation of a regulation or legislation, your risk profile based on your
payment patterns, transaction patterns, balance patterns, and utilization levels of this and other accounts,
credit bureau information including the age, history and type of other accounts, and relationships between
each and all of these measures of risk. We may also change terms for reasons not related to your individual
credit history, such as overall economic and market trends, product design, and business needs.
Haier aac Ul Mee meget
Lot
Annual Percentage Rate (APR) for Purchases 0.00% Introductory APR through your
statement Closing Date in July 2015 on Purchases
bearing this Introductory Offer ID posting by your
statement Closing Date in July 2015. Introductory
Offer ID FGL9-TGCHK
After that, your APR for the Purchase introductory
balances will be 1 6.99%. This APR will vary
with the market based on the Prime Rate.
For any other Purchase transactions not subject
to an introductory APR, your APR will be
16.99%. This APR will vary with the market
based on the Prime Rate.
APR for Balance Transfers 0.00% Introductory APR through your statement
Closing Date in July 2015 on Balance Transfers
bearing this Introductory Offer ID posting by June
16, 2014, Introductory Offer ID FGL9-TGCHL
After that, your APR for the Balance Transfer
introductory balances will be 16.99%. This APR
will vary with the market based on the Prime Rate.
For any other Balance Transfer transactions not
subject to an introductory APR, your APR will be
16.99%. This APR will vary with the market based
on the Prime Rate.
APR for Cash Advances
. Direct Deposit and Check Cash
Advances 19.99%, This APR will vary with the market based
on the Prime Rate.
. Bank Cash Advances 24.99%, This APR will vary with the market based
on the Prime Rate.
Penalty APR and When it Applies Up to 29.99%, based on your creditworthiness.
This APR will vary with the market based on the
Prime Rate.
This APR may be applied to new transactions on
your account if you:
° Make a late payment.
SEE BACK OF PAGE for more important information about your account.
How Long Will the Penalty APR apply?:
If your APR is increased for this reason, the
Penalty APR will apply indefinitely.
Paying Interest Your due date is at least 25 days after the close
of each billing cycle. We will not charge you
any 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.
Minimum Interest Charge If you are charged interest, the charge will be no
fess than $1.50.
For Credit Card Tips from the Consumer To learn more about factors to consider when
Financial Protection Bureau applying for or using a credit card, visit the
website of the Consumer Financial Protection
Bureau at http//:www.consumerfinance.gov/
learnmore,
Transaction Fees
e Balance Transfer 3.00% of the amount of each transaction (Fee
Min. $10.00)
. Cash Advance
° ATM Cash Advance 5.00% of the amount of each transaction (Fee:
Min. $10.00)
Cash Equivalent 5.00% of the amount of each transaction (Fee
Min. $10.00)
Check Cash Advance 3.00% of the amount of each transaction (Fee:
Min. $10.00)
Direct Deposits 3.00% of the amount of each transaction (Fee:
Min. $10.00)
Overdraft Protection $10.00 for each transaction
Over the Counter Cash Advance 5.00% of the amount of each transaction (Fee:
Min, $10.00)
Same-Day Online Cash Advance 5.00% of the amount of each transaction (Fee:
Min. $10.00)
. Foreign Transaction 3.00% of the U.S. Dollar amount of each
transaction
. Wire Transfer Purchase 5.00% of the amount of each transaction (Fee:
Min. $10.00)
Penalty Fees
e Late Payment Up to $35
. Returned Payment Up to $25
How We Will Calculate Your Balance: For Purchase balances, we will use a method called “average daily
balance (including new Purchases)." See the section titled Balances Subject to Interest Rate in your Credit
Card Agreement for more details.
For Balance Transfer and Cash Advance balances, we will use an Average Balance Method (including
new Balance Transfers and Cash Advances): This balance is figured by adding the outstanding balance
(including new Balance Transfers and Cash Advances and deducting payments and credits) for each day
in the current billing cycle, together with the balances for each day in the previous billing cycle for balance
transfers and cash advances with transaction dates in the previous cycle and posting dates in the current
cycle, and then dividing by the number of days in the current billing cycle.
Billing Rights: Information on your rights to dispute transactions and how to exercise those rights is
provided in your Credit Card Agreement.
YOUR CONTRACT WITH US
This document, and any future changes to it, is your contract with us. We will refer to this document as your “Agreement”
or “Credit Card Agreement”; these terms also include any changes we may make to this document from time to time.
We reserve the right to amend this Agreement at any time, by adding, deleting, or changing provisions of this
Agreement. All amendments wilt comply with the applicable notice requirements of federal and Delaware law that are in
effect at that time.
If an amendment gives you the opportunity to reject the change, and if you reject the change in the manner provided
In such amendment, we may terminate your right to receive credit and may ask you to return all credit devices as a
condition of your rejection. We may replace your card with another card at any time.
The reasons we may amend this Agreement include the following:
. Changes in regulation or legislation, or a change in the interpretation ofa regulation or legislation.
. Changes related to your individual credit history, such as; your risk profile, your payment or transaction
patterns, balance patterns, the utilization levels of this and other accounts, credit bureau information including
the age, history and type of other accounts, and the measure of risk associated with each.
. Changes to overall economic and market trends, product design, and business needs.
“We", "us", “our", and "FIACS" means FIA Card Services, N.A., also known as Bank of America.
“You" and "your" mean each and all of the persons who are granted, accept or use the account and any person who has
Suaranteed payment of the account.
You may use your account for personal, family, or household purposes. You may not use your account for business or
commercial purposes,
Our failure or delay in exercising any of our rights under this Agreement does not mean that we are unable to exercise
those rights later.
TYPES OF TRANSACTIONS
You may obtain credit in the form of Purchases, Balance Transfers, and Cash Advances, by using cards, access checks,
an account number, or other credit devices. Cards are all the credit cards we issue to you and to any other person
with authorization for use on this account pursuant to this Agreement. An access check is a check we provide to you
to obtain credit on this account. All access checks include an expiration date printed at the top. We will honor access
checks received for payment before the expiration date printed on the check, provided your account is open and in good
standing, with available credit. Access checks without a printed expiration date will not be honored. Sign your card before
using it.
Purchase means the use of your card or account number (including through the use of an enabled mobile device) to:
1. buy or lease goods or services;
2. buy wire transfers from a non-financial institution (Wire Transfer Purchase);
3. make a transaction that is not otherwise a Cash Advance.
Purchases include Account Fees, as well as Transaction Fees and adjustments associated with any Purchase.
Balance Transfer means a transfer of funds to another creditor initiated by us at your request. A Balance Transfer does
nat include a transaction that is otherwise a Cash Advance, except that any Direct Deposit completed at the time of
your application for this account will be treated as a Balance Transfer. Balance Transfers include Transaction Fees and
adjustments associated with any Balance Transfer.
A Cash Advance means the use of your account for a loan in the following ways:
1 Direct Deposit: by a transfer of funds via an ACH (Automated Clearing House) transaction to a deposit account
initiated by us at your request. A Direct Deposit does not include an Overdraft Protection Cash Advance or a
Same-Day Online Cash Advance.
Check Cash Advance: by an access check you sign as drawer,
Bank Cash Advance: by loans accessed in the following manner:
a, ATM Cash Advance: at an automated teller machine;
b, Over the Counter ("OTC") Cash Advance: at any financial institution (e.g., to obtain cash, money
orders, wire transfers, or travelers checks), or at any non-financial institution (i.e., to obtain cash);
c Same-Day Online Cash Advance: by a same day online funds transfer to a deposit account;
d. Overdraft Protection Cash Advance: by a transfer of funds to a deposit account pursuant to an
overdraft protection program (see the section titled Overdraft Protection below);
e, Cash Equivalents: by the purchase of foreign currency, money orders or travelers checks from a non-
financial institution, or person-to-person money transfers, bets, lottery tickets, casino gaming chips,
or bail bonds with your card or account number (including through the use of an enabled mobile
device);
f, Returned Payment: for any payment you make to us that is returned to us unpaid for any reason,
including the related interest charges.
Cash Advances include Transaction Fees and adjustments associated with any Cash Advance.
All Bank Cash Advances are subject to the Cash Credit Line. For more information on credit lines, please refer to the
section titled Your Revolving Lines within this Agreement.
YOUR CREDIT CARD ACCOUNT AND YOUR MOBILE PHONE OR OTHER MOBILE DEVICES
Smart phones, some tablets or other mobile devices (a "mobile device") can download, store, and/or access
account information, for instance through a mobile wallet, that may enable you to use the mobile device to
purchase goods or services, make a balance transfer, or make a cash advance.
in certain instances, those transactions will replicate using your card to make a transaction on the internet
with your computer. In other instances, the phone or mobile device will act as if it were a credit card itself.
Applications that enable your mobile device will have unique terms governing those applications. Read them
carefully. Transactions made through those applications are governed by this Agreement.
When your credit card account information is accessible by your mobile device, it is important that you treat
your mobile device with the same care you would your credit card. For example, you should secure your mobile
device against unauthorized access. Keep in mind, if you give someone your phone, or other mobile device, that
can be the same as giving that person your credit card.
TRANSACTIONS MADE IN FOREIGN CURRENCIES
If you make a transaction in a foreign currency (including, for example, online purchases from foreign
merchants), the transaction will be converted by Visa International or MasterCard International, depending
‘on which card is associated with this account, into a U.S. dollar amount in accordance with the operating
regulations or conversion procedures in effect at the time the transaction is processed. Currently, those
regulations and procedures provide that the currency conversion rate to be used is either (1) a wholesale
market rate or (2) a government-mandated rate in effect one day prior to the processing date. The currency
conversion rate in effect on the processing date may differ from the rate in effect on the transaction date or
posting date.
INTEREST AND FEES
iNTEREST RATES - ANNUAL PERCENTAGE RATES (APRs)
This section provides the interest rates, also referred to as corresponding Annual Percentage Rates (APRs),
which are applicable to your account. The APR corresponds to the Daily Periodic Rate (DPRs): the APR is equal
to the DPR multiplied by 365, and the DPR is equal to the APR divided by 365. Interest charges are calculated
by using the DPR. Ifa rate is a variable rate, we calculate that APR by adding together an index and a margin.
For more information on variable rates, please refer to the How to Calculate Variable Rates section within this
Agreement.
Promotional Rates and Fees
Promotional or Introductory Offers are temporary APRs (Promotional or Introductory Rates) or transaction fees
(Promotional or Introductory Fees) that are offered on certain qualifying new transactions for a specified period
of time, Each Offer will be assigned a unique Offer ID which will appear on your credit card statement after the
first qualified new transaction for that Offer. If you revolve your balance to take advantage of a Promotional or
Introductory Offer, all transactions and balances, including purchases, will be charged interest.
Your account has the following Introductory Offers:
Purchases:
Introductory Offer ID: FGL9-TGCHK
The Introductory APR is 0.00% (0,000000% DPR).
This Introductory Offer applies to Purchases bearing this Introductory Offer ID (each is an “eligible transaction"
for this Introductory Offer).
This Offer applies to eligible transactions posting to your account beginning April 17, 2044 through your
statement Closing Date in July 2015. This Introductory APR ends on your statement Closing Date in July 2015.
When this Introductory APR ends, the APR for these Purchase introductory balances will increase to a variable
rate calculated using the variable rate formula with a margin of 13.74 percentage points; this currently results
in an APR of 16.99%,
Balance Transfers:
Introductory Offer ID: FGL9-T@CHL
The Introductory APR is 0.00% {0.000000% DPR).
This Introductory Offer applies to Balance Transfers bearing this Introductory Offer ID (each isan “eligible
transaction” for this Introductory Offer),
This Offer applies to eligible transactions posting to your account beginning April 17, 2014 through June 16,
2014. This Introductory APR ends on your statement Closing Date in July 2015.
When this Introductory APR ends, the APR for these Balance Transfer introductory balances will increase to a
variable rate calculated using the variable rate formula with a margin of 13.74 percentage points; this currently
results in an APR of 16.99%.
Current Rates
Your current rate is the rate that will apply to transactions that are not subject to an Introductory or a
Promotional Rate.
Purchases:
The APR for Purchases is a variable rate calculated using the variable rate formula with a margin of 13.74
percentage points; this currently results in an APR of 16.99% (0.046548% DPR).
Balance Transfers:
The APR for Balance Transfers is a variable rate calculated using the variable rate formula with a margin of
13,74 percentage points; this currently results in an APR of 16.99% (0.046548% DPR).
Direct Deposit and Check Cash Advances:
The APR for Direct Deposit and Check Cash Advances is a variable rate calculated using the variable rate
formula with a margin of 16.74 percentage points; this currently results in an APR of 19.99% (0.054767%
DPR).
Bank Cash Advances:
The APR for Bank Cash Advances is a variable rate calculated using the variable rate formula with a margin of
21.74 percentage points; this currently results in an APR of 24.99% (0.068466% DPR).
Rates for Protected Balances
When an interest rate change for new transactions is applied to your account, any existing balances of that type
will be identified as Protected Balances on your statement. These Protected Balances generally are kept at their
current APR until the balances are paid in full.
Your account does not currently have any Protected Balances.
PENALTY APR AND WHEN IT APPLIES
The Penalty APR is the APR(s) which may be applied to new Purchases, Balance Transfers, and Cash Advances,
for certain default occurrences as described below.
We may increase the APRs on new transactions up to the Penalty APR, based on your creditworthiness,
each time a Total Minimum Payment Due is not received by its applicable Payment Due Date. We may elect
to set your APRs for Purchases, Balance Transfers, Direct Deposit and Check Cash Advances, and Bank
Cash Advances to different Penalty APRs. We will provide you with a minimum of 45 days advance notice. An
increased Penalty APR will remain in effect indefinitely.
Penalty APRs are variable rates calculated using the variable rate formula with a margin of up to 26.74
percentage points; this currently results in an APR of 29.99% (0.082164% DPR). The calculated Penalty APR
using this variable rate formula will not exceed 29.99%.
HOW TO CALCULATE VARIABLE RATES:
Variable Rates are calculated by adding together an index and a margin. The applicable margins are disclosed
above in the section titled, Interest Rates - Annual Percentage Rates (APRs).
This index is the highest U.S. Prime Rate as published in the "Money Rates” section of The Wall Street Journal
on the last publication day of each month. As of March 31, 2014, the index used to calculate these variable
rates was 3.25%,
An increase or decrease in the index will cause a corresponding increase or decrease in your variable rates on
the first day of your billing cycle that begins in the same month in which the index is published. An increase in
the index means that you will pay higher interest charges and have a higher Total Minimum Payment Due. If The
Wail Street Journal does not publish the U.S. Prime Rate, or if it changes the definition of the U.S, Prime Rate,
we may, in our sole discretion, substitute another index.
CALCULATION AND BILLING OF INTEREST CHARGES
We calculate interest by multiplying each Balance Subject to Interest Rate by its applicable DPR and that result
is multiplied by the number of days in the billing cycle. Interest is calculated and posted to the applicable
Purchase, Balance Transfer or Cash Advance balance on the last day of the billing cycle after all other
transactions have posted and payments have been allocated.
BILLING CYCLE
Abilling cycle is a time period that ends on a Statement Closing Date (or Closing Date) determined by us and
begins on the day after the Closing Date of the previous billing cycle. Each monthly statement reflects a single
biking cycle.
PAYING INTEREST
When applicable, interest accrues daily and compounds daily on new transactions, and balances remaining
from previous billing cycles. Interest will continue to accrue even though you have paid thé full amount of any
related balances because we include any accrued but unpaid interest in the calculation of each Balance Subject
to Interest Rate.
We will not charge you any interest on Purchases if you always pay your entire New Balance Total by the
Payment Due Date. Specifically, you will not pay interest for an entire billing cycle on Purchases if you Paid in
Full the two previous New Balance Totals on your account by their respective Payment Due Dates; otherwise,
each Purchase begins to accrue interest on its transaction date or the first day of the billing cycle, whichever
date fs later.
We will begin accruing interest on Balance Transfers and Cash Advances on the transaction date. The
transaction date for access checks is the date the check is first deposited or cashed. The transaction date for
a Retumed Payment is the date that the corresponding payment posted to your account.
New Balance Total means the total billed amount as of the Closing Date of abilling cycle, as shown on your
monthly statement.
Pay in Full or Paid in Full means payments and credits ina billing cycle totaling at least your previous ling
cycle's New Balance Total.
Your Payment Due Date will be at least 25 days from your statement Closing Date and will fall on the same
calendar day each month.
BALANCES SUBJECT TO INTEREST RATE
Average Daily Balance Method (Including new Purchases): We calculate separate Balances Subject to an
Interest Rate for Purchases and for each Introductory or Promotional Offer balance consisting of Purchases by:
(1) calculating a daily balance for each day in the current billing cycle; (2) adding all the daily balances together;
and (3) dividing the sum of the daily balances by the number of days in the current billing cycle.
To calculate the daily balance for each day in the current billing cycle, we: (1) take the beginning balance;
(2) add an amount equal to the applicable DPR multiplied by the previous day's daily balance; (3) add new
Purchases, new Account Fees, and new Transaction Fees; and (4) subtract applicable payments and credits. If
any daily balance is less than zero we treat it as zero.
Average Balance Method (including new Balance Transfers and new Cash Advances): We calculate separate
Balances Subject to an Interest Rate for Balance Transfers, Cash Advances, and for each Introductory or
Promotional Offer balance consisting of Balance Transfers or Cash Advances by: (1) calculating a daily balance
for each day in the current billing cycle; (2) calculating a daily balance for each day prior to the current billing
cycle that had a Pre-Cycle balance -a Pre-Cycle balance is a Balance Transfer ora Cash Advance with a
transaction date prior to the current billing cycle but with a posting date within the current billing cycle; (3)
adding all the daily balances together; and (4) dividing the sum of the daily balances by the number of days in
the current billing cycle.
To calculate the daily balance for each day in the current billing cycle, we: (1) take the beginning balance; (2)
add an amount equal to the applicable DPR multiplied by the previous day's daily balance; (3) add new Balance
Transfers, Cash Advances and Transaction Fees; and (4) subtract applicable payments and credits. If any daily
balance is less than zero we treat it as zero.
To caloulate a daily balance for each day prior to the current billing cycle that had a Pre-Cycle balance, we: (1)
take the beginning balance attributable solely to a Pre-Cycle balance (which will be zero on the transaction date
associated with the first Pre-Cycle balance); (2) add an amount equal to the applicable DPR multiplied by the
previous day's daily balance; and (3) add only the applicable Pre-Cycle balances, and their related Transaction
Fees. We exclude from this calculation all transactions posted in previous billing cycles.
MINIMUM INTEREST CHARGE
{f the total of the interest charges for all balances is less than $1.50, then a Minimum Interest Charge of
$1.50 will be assessed on the account. This fee is in lieu of any interest charge.
TRANSACTION FEES
We will assess the following Transaction Fees to your account in the same category to which the transaction is
posted:
If you obtain an ATM Cash Advance, we will assess a transaction fee equal to 5.00% of the U.S. dollar amount.
of each such Cash Advance (Fee: Min. $10.00).
If you obtain a Balance Transfer, we will assess a transaction fee equal to 3.00% of the U.S. dollar amount of
each such Balance Transfer (Fee: Min. $10.00).
if you obtain a Cash Equivalent, we will assess a transaction fee equal to 5.00% of the U.S. dollar amount of
each such Cash Advance (Fee: Min. $10.00).
If you obtain a Check Cash Advance, we will assess a transaction fee equal to 3.00% of the U.S. dollar amount
of each such Cash Advance (Fee: Min. $10.00).
If you obtain a Direct Deposit, we will assess a transaction fee equal to 3.00% of the U.S. dolfar amount of
each such Cash Advance (Fee: Min, $10.00).
If you make a Foreign Transaction, we will assess a transaction fee equal to 3.00% of the U.S. dollar amount of
each such Foreign Transaction. This is in addition to any other applicable transaction fees. Foreign Transaction
means any transaction made in a foreign currency, and any transaction made in U.S. dollars if the transaction
is made or processed outside of the United States. Foreign transactions include for example, online purchases
from foreign merchants.
If you obtain an Overdraft Protection Cash Advance, we will assess a transaction fee of $10.00 for each such
Cash Advance.
If you obtain an Over the Counter Cash Advance, we will assess a transaction fee equal to 5.00% of the U.S.
dollar amount of each such Cash Advance (Fee: Min. $10.00).
If you obtain a Same-Day Online Cash Advance, we will assess a transaction fee equal to 5,00% of the U.S.
dollar amount of each such Cash Advance (Fee: Min. $10.00).
If you make a Wire Transfer Purchase, we will assess a transaction fee equal to 5.00% of the U.S. dollar
amount of each such Purchase (Fee: Min. $10.00).
ACCOUNT FEES
The following fees are assessed as Purchases in the billing cycle in which the fees accrue:
A Late Fee of $25.00 if the Total Minimum Payment Due shown on your monthly statement is not received
by us on or before its Payment Due Date. If a late fee was assessed any time in the prior six billing cyctes,
then the amount of the late fee will be $35.00, The Late Fee will not exceed the Total Minimum Payment Due
immediately prior to assessment of the fee. If your balance is $100 or less on the Payment Due Date, we will
Not assess a Late Fee.
A Returned Payment Fee of $25.00 if a payment on your account is retumed for insufficient funds or for any
other reason, even if it is paid upon subsequent presentment (if we elect to re-present the payment). The
Returned Payment Fee will not exceed the Total Minimum Payment Due immediately prior to assessment of the
fee, and will never exceed the amount of the payment being returned.
A Returned Access Check Fee of $25.00 if we return an access check unpaid for any reason, even if the access
check is paid upon subsequent presentment. The Returned Access Check Fee will not exceed the dollar amount
of the access check.
A Copy Fee of $5.00 for each copy of a monthly statement or sales draft, except that the six most recent
monthly statements and one sales draft will be provided for free.
An Abandoned Property Fee equal to any costs incurred by us for complying with state abandoned property
laws, unless prohibited by applicable law.
PAYMENTS AND DEFAULT
YOUR PROMISE TO PAY
You promise to pay us the amounts of all credit you obtain, which includes all Purchases, Balance Transfers,
and Cash Advances. You also promise to pay us all the amounts of interest charges, fees, and any other
transactions charged to your account. If a bank branch or office sponsors your account, you promise to pay it
any unpaid account balance it pays us within 30 days.
PAYMENTS ON YOUR ACCOUNT
You must pay each month at least the Total Minimum Payment Due shown on your monthly statement by its
Payment Due Date. Payments must conform to the requirements set out on that monthly statement; these
requirements may vary without prior notice. You may pay the entire amount you owe us at any time, Payments
made in any billing cycle that are greater than the Total Minimum Payment Due will not affect your obligation
to make the next Total Minimum Payment Due. If you overpay or if there is a credit balance on your account,
we will not pay interest on such amounts. We will reject payments that are not drawn in U.S. dollars and those
drawn on a financial institution located outside of the United States, We reserve the right to reject any payment
if your account has a credit balance as of the day we receive that payment. Generally, credits to your account,
such as those generated by merchants or by person-to-person money transfers, are not treated as payments
and will not reduce your Total Minimum Payment Due.
ACH PAYMENTS
We process most payment checks electronically. We use the information on your check to create an electronic
funds transfer, Each time you send a check, you authorize a one-time electronic funds transfer. You also
authorize us to process your check as a check or paper draft, as necessary. Funds may be withdrawn from your
account as soon as the same day we receive your payment. You will not receive your cancelled check because
we are required to destroy it. We will retain an electronic copy. For more information or to stop the conversion
of your checks into electronic funds transfers, call us at the phone number listed on the front of your monthly
statement. You may also write to us at: PO. Box 982234, El Paso, TX 79998-2234.
‘TOTAL MINIMUM PAYMENT DUE
You may pay your total outstanding balance at any time, Each billing cycle, you must pay at least the Total
Minimum Payment Due shown on your monthly statement by its Payment Due Date, The Total Minimum Payment
Due is the sum of all past due amounts plus the Current Payment.
The Current Payment for each billing cycle includes three amounts: (1) 1.00% of your balance (your New
Balance Total except for any new interest charges and any new Late Fee), and (2) new interest charges, and (3)
any new Late Fee. Your Current Payment will not be less than $25.00. We round the payment amount down to
the nearest dollar.
The Total Minimum Payment Due will not be greater than your New Balance Total. Ifa payment is credited to
your account but is returned unpaid in a later billing cycle, we will recalculate the Total Minimum Payment Due.
for the billing cycle in which the payment was originally credited.
WHEN YOUR PAYMENT WILL BE CREDITED TO YOUR ACCOUNT
We credit payments as of the date received, if the payment is: (4) received by 5 p.m. local time at the address
shown on the remittance slip on the front of your monthly statement; (2) paid with a check drawn in U.S. dollars
ona U.! financial institution or a U.S. dollar money order; and (3) sent in the return envelope with only the
bottom portion of your statement accompanying it. Payments received after 5 p.m. local time at the remittance
address on any day including the Payment Due Date, but that otherwise meet the above requirements, will be
credited as of the next day. Credit for any other payments may be delayed up to five days.
HOW WE ALLOCATE YOUR PAYMENTS:
Payments are allocated to posted balances. If your account has balances with different APRs, we will allocate
the amount of your payment equal to the Total Minimum Payment Due to the lowest APR balances first.
Payment amounts in excess of your Total Minimum Payment Due will be applied to balances with higher APRs
before balances with lower APRs,
ROMISE TO PAY APPLIES TO ALL PERSONS
All persons who initially or subsequently request, are granted, accept, guarantee or use the account are
individually and together responsible for any total outstanding balance. If you are responsible to pay any total
outstanding balance, we may refuse to release you from liability until all of the cards, access checks, and other
credit devices outstanding under the account have been retumed to us and you repay us the total outstanding
balance owed to us under the terms of this Agreement.
DEFAULT
You will be in default of this Agreement if you fail to make any required Total Minimum Payment Due by its
Payment Due Date or you fail to abide by any other term of this Agreement.
WHEN WE MAY REQUIRE IMMEDIATE REPAYMENT
If you are in default, then in addition to our other remedies under this Agreement, we can require immediate
payment of your total outstanding balance and, unless prohibited by applicable law, we can also require you
to pay the costs we incur in any collection proceeding, as well as reasonable attomeys’ fees if we refer your
account for collection to an attomey who is not our salaried employee.
OTHER PAYMENT TERMS
10
We can accept late payments, partial payments, or payments with any restrictive writing without losing any of
our rights under this Agreement. This means that no payment, including those marked with paid in full or with
any other restrictive words, shall operate as an accord and satisfaction without the prior written approval of one
of our senior officers. You may not use a postdated check to make a payment: If you do postdate a payment
check, we may elect to honor it upon presentment or return it uncredited to the person that presented it,
without In either case waiting for the date shown on the check, We are not liable to you for any loss or expense
arising out of the action we elect to take.
MODIFICATIONS TO REQUIRED MINIMUM MONTHLY PAYMENTS:
We may allow you, from time to time, to omit a monthly payment or make a reduced payment. We will notify you
when these options are available, This will only occur on an isolated basis, such as when the bank is working
with borrowers affected by a federally declared disaster. If in response to this notification, you omit a payment
or make a reduced payment, interest charges, applicable fees, and other regular transactions, if any, will accrue
‘on your account balances in accordance with this Agreement. The reduced payment amount may be less than
your interest charges. You must make the reduced payment on time to avoid a Late Fee. You must resume
making your regular Total Minimum Payment Due each month following any modifications made to your required
minimum monthly payment.
CREDIT AVAILABILITY
YOUR REVOLVING LINES
This credit card has no pre-set spending limit. This does not mean that all transactions will be approved. We will
consider transactions for approval on an individual basis, including transactions in excess of the revolving line.
Your revolving line, which may also be referred to as your Total Credit Line and Cash Credit Line, are disclosed
to you when you receive your card and, generally, on each monthly statement. The Total Credit Line is the
amount of credit available for the account; howe
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Case Number: COCE-18-000442 Division: 56 Filing # 66132936 E-Filed 01/04/2018 07:45:51 PM IN THE COUNTY COURT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO: Bank of America, N.A., Plaintiff, COMPLAINT FOR DAMAGES vs. ATTORNEY BAR NO: 0597708 BURLEY RASHOD KNOWLES III, Defendant. / Plaintiff Bank of America, N.A. complains of Defendant, BURLEY RASHOD KNOWLES IH, and would respectfully show the following: JURISDICTION 1 This is an action for damages that are within the jurisdictional limits of this court exclusive of costs. SERVICE 2. Defendant may be served at the address listed on the court summons. VENUE 3 Venue of this action is proper in the county named above because the Defendant is a resident of this county. FACTS 4. Plaintiff is a national banking association organized and existing under the laws of the United States of America and having its principal place of business in Charlotte, North Carolina. 5. Bank of America, N.A. (“BANA”) is a wholly-owned subsidiary of Bank of America Corporation and the successor-in-interest to FIA Card Services, N.A., formerly known as *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 1/4/2018 7:45:49 PM.**** MBNA America Bank, N.A. (“FIA”). FIA was merged into and under the charter and title of BANA effective October 1, 2014. 6 Defendant applied for and received a credit account, which is owned and administered by Plaintiff (the “Account”). Defendant used or authorized the use of the Account for the acquisition of goods, services, balance transfers or cash advances in accordance with the customer agreement (“Agreement”) governing use of the Account with Plaintiff. 7 Defendant breached the Agreement by failing to make periodic payments as required thereby and the Account was subsequently charged-off. The entire balance on the Account is owed to Plaintiff and is presently due and payable in full. 8 The current Account balance is $5,718.24, which includes any applicable payments and credits. The Account is not accruing post charge-off interest. 9 In accordance with federal regulations, monthly periodic statements for the Account have been provided to the Defendant. Attached hereto and incorporated herein are copies of periodic account statements provided to Defendant prior to charge-off. Based on Plaintiff's records, there are no unresolved billing disputes related to the Account. FIRST CAUSE OF ACTION —- BREACH OF CONTRACT Plaintiff realleges paragraphs 1 - 9 as though fully stated herein. 10. The issuance of a credit account constitutes the offer of a contract. See, e.g., Bank One, Columbus, N.A. v. Palmer, 63 Ohio App. 3d 491, 492, 579 N.E.2d 284, 285 (Ohio Ct. App. 1989). Use of a credit account constitutes acceptance of the terms of the cardmember agreement. See, e.g., Grasso v. First USA Bank, 713 A.2d 304 (Del. 1998); Read v. Gulf Oil Corporation, 114 Ga. App. 21, 150 S.E.2d 319, 320 (1966); Petroleum Co. v. McMillan, 168 S.W. 2d 881 (Tex. Civ. App. 1943). Even in the absence of such an agreement the issuance of the credit account constitutes an offer of credit, and the use of the credit account constitutes the acceptance of the offer of credit. Feder v. Fortunoff, 474 N.Y.S. 2d 937 (N.Y. 1984), citing Empire Nat'l Bank v. Monahan, 82 Misc. 2d 808, 370 N.Y.S.2d 840 (N.Y. County Ct. 1975). 11. By using and/or authorizing the use of the credit account Defendant accepted the contract with Plaintiff and became bound to pay for all charges incurred with the credit account. Defendant also became subject to all of the terms and conditions of the credit agreement. 12. Defendant defaulted in the payment obligation on the credit account. Such breach of contract proximately caused the Plaintiff damages in the amount of the balance due on the credit account. 13. Defendant is presently indebted to Plaintiff in the amount of $5,718.24. Plaintiff seeks judgment for such sum and court costs. SECOND CAUSE OF ACTION - ACCOUNT STATED Plaintiff realleges paragraphs 1 - 9 as though fully stated herein. 14. In the alternative, and without waiving the foregoing, Plaintiff asserts that Defendant’s use of the credit account to purchase goods and services represented a periodic account, for which Plaintiff generated regular monthly statements. 15, By submitting the payments in response to the statement generated and provided by Plaintiff, the Defendant has accepted the resulting balance. 16. There are no unresolved billing disputes made in response to receiving the account statements and, therefore, Defendant has agreed to the resulting balance. 17. Defendant is liable to Plaintiff for the account balance of $5,718.24. Plaintiff seeks judgment for such sum and court costs. CONDITIONS PRECEDENT 18. Through its undersigned attorney, Plaintiff has demanded payment from Defendant, but Defendant has not satisfied such demand. Plaintiff has performed all conditions precedent to the filing of this action, or all such conditions precedent have occurred. WHEREFORE, premises considered, Plaintiff prays that Defendant be summoned to appear, and that upon entry of default or final hearing, Plaintiff have judgment against Defendant for: $5,718.24, which is the balance due on the credit account; and all costs of court. Respectfully submitted, Andreu, Palma, Lavin & Solis, PLLC Attorneys for Plaintiff 1000 NW 57" Ct., Ste. 400 Miami, FL 33126 Tel. (305) 631-0175 Fax. (305) 631-1816 FBN 0597708 E-mails: pleadings] @andreupalma.com;jpalma@andreupalma.com 17-15249 #IDENTI FI ERM04/08/2014 A04/17/2014KNOWLES acct ie mene cca tant ne ee ee ea a 1560 SW 87th Pembroke Pines FL 33025-3378 | Prescott es May 20,2014, nds oreo aries = ne ne ps oss I (Dhsem ane fe bodes rons ster Salar 2550_lseshi Ged Hothead eel aaaar ]oro eto)ser smerureronanon (eo aor ce oh Ot, am Too ae Qrmernes (posmeor ue Seth Aoride A L Nea “1 psa. mae aren eetjoomunres gcomeosneed 8 ———S = ee ere Sate 0 De arsma pean enctbed T in ine sooo we cra X r Siabou eutetieou. wae narraYour may fb, Sa emared Oy Fee! orraon Seereae tnd 2 acess Sa Seotegrttorirporom torre, [7] 1 HI PL ETICTETIC sD} WU SRSASRENHE 7252+003-20n-ooascu3e - -—. - a Credit Card Agreement Bankof America for BURLEY RASHOD KNOWLES III This Agreement is for your credit card account with us. It applies to you and all authorized users. In addition to the features outlined in this Agreement, you may be offered other benefits, which will be governed by separate agreements. TABLE OF CONTENT! ACCOUNT SUMMARY TABLE. YOUR CONTRACT WITH US... TYPES OF TRANSACTIONS. INTEREST AND FEES. PAYMENTS AND DEF) CREDIT AVAILABILITY. LIMITATIONS /WARNINGS.. MISCELLANEOUS... YOUR BILLING RIGHTS. 14 ACCOUNT SUMMARY TABLE As required by law, rates, fees, and other costs of this credit card account are disclosed here. All account terms are governed by the Credit Card Agreement. Account and Agreement terms are not guaranteed for any periad of time; all terms, including fees and the APRs, may change in accordance with the Agreement and applicable law. The reasons we may change these terms include the following: a change in regulation or legislation, or a change in the interpretation of a regulation or legislation, your risk profile based on your payment patterns, transaction patterns, balance patterns, and utilization levels of this and other accounts, credit bureau information including the age, history and type of other accounts, and relationships between each and all of these measures of risk. We may also change terms for reasons not related to your individual credit history, such as overall economic and market trends, product design, and business needs. Haier aac Ul Mee meget Lot Annual Percentage Rate (APR) for Purchases 0.00% Introductory APR through your statement Closing Date in July 2015 on Purchases bearing this Introductory Offer ID posting by your statement Closing Date in July 2015. Introductory Offer ID FGL9-TGCHK After that, your APR for the Purchase introductory balances will be 1 6.99%. This APR will vary with the market based on the Prime Rate. For any other Purchase transactions not subject to an introductory APR, your APR will be 16.99%. This APR will vary with the market based on the Prime Rate. APR for Balance Transfers 0.00% Introductory APR through your statement Closing Date in July 2015 on Balance Transfers bearing this Introductory Offer ID posting by June 16, 2014, Introductory Offer ID FGL9-TGCHL After that, your APR for the Balance Transfer introductory balances will be 16.99%. This APR will vary with the market based on the Prime Rate. For any other Balance Transfer transactions not subject to an introductory APR, your APR will be 16.99%. This APR will vary with the market based on the Prime Rate. APR for Cash Advances . Direct Deposit and Check Cash Advances 19.99%, This APR will vary with the market based on the Prime Rate. . Bank Cash Advances 24.99%, This APR will vary with the market based on the Prime Rate. Penalty APR and When it Applies Up to 29.99%, based on your creditworthiness. This APR will vary with the market based on the Prime Rate. This APR may be applied to new transactions on your account if you: ° Make a late payment. SEE BACK OF PAGE for more important information about your account. How Long Will the Penalty APR apply?: If your APR is increased for this reason, the Penalty APR will apply indefinitely. Paying Interest Your due date is at least 25 days after the close of each billing cycle. We will not charge you any 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. Minimum Interest Charge If you are charged interest, the charge will be no fess than $1.50. For Credit Card Tips from the Consumer To learn more about factors to consider when Financial Protection Bureau applying for or using a credit card, visit the website of the Consumer Financial Protection Bureau at http//:www.consumerfinance.gov/ learnmore, Transaction Fees e Balance Transfer 3.00% of the amount of each transaction (Fee Min. $10.00) . Cash Advance ° ATM Cash Advance 5.00% of the amount of each transaction (Fee: Min. $10.00) Cash Equivalent 5.00% of the amount of each transaction (Fee Min. $10.00) Check Cash Advance 3.00% of the amount of each transaction (Fee: Min. $10.00) Direct Deposits 3.00% of the amount of each transaction (Fee: Min. $10.00) Overdraft Protection $10.00 for each transaction Over the Counter Cash Advance 5.00% of the amount of each transaction (Fee: Min, $10.00) Same-Day Online Cash Advance 5.00% of the amount of each transaction (Fee: Min. $10.00) . Foreign Transaction 3.00% of the U.S. Dollar amount of each transaction . Wire Transfer Purchase 5.00% of the amount of each transaction (Fee: Min. $10.00) Penalty Fees e Late Payment Up to $35 . Returned Payment Up to $25 How We Will Calculate Your Balance: For Purchase balances, we will use a method called “average daily balance (including new Purchases)." See the section titled Balances Subject to Interest Rate in your Credit Card Agreement for more details. For Balance Transfer and Cash Advance balances, we will use an Average Balance Method (including new Balance Transfers and Cash Advances): This balance is figured by adding the outstanding balance (including new Balance Transfers and Cash Advances and deducting payments and credits) for each day in the current billing cycle, together with the balances for each day in the previous billing cycle for balance transfers and cash advances with transaction dates in the previous cycle and posting dates in the current cycle, and then dividing by the number of days in the current billing cycle. Billing Rights: Information on your rights to dispute transactions and how to exercise those rights is provided in your Credit Card Agreement. YOUR CONTRACT WITH US This document, and any future changes to it, is your contract with us. We will refer to this document as your “Agreement” or “Credit Card Agreement”; these terms also include any changes we may make to this document from time to time. We reserve the right to amend this Agreement at any time, by adding, deleting, or changing provisions of this Agreement. All amendments wilt comply with the applicable notice requirements of federal and Delaware law that are in effect at that time. If an amendment gives you the opportunity to reject the change, and if you reject the change in the manner provided In such amendment, we may terminate your right to receive credit and may ask you to return all credit devices as a condition of your rejection. We may replace your card with another card at any time. The reasons we may amend this Agreement include the following: . Changes in regulation or legislation, or a change in the interpretation ofa regulation or legislation. . Changes related to your individual credit history, such as; your risk profile, your payment or transaction patterns, balance patterns, the utilization levels of this and other accounts, credit bureau information including the age, history and type of other accounts, and the measure of risk associated with each. . Changes to overall economic and market trends, product design, and business needs. “We", "us", “our", and "FIACS" means FIA Card Services, N.A., also known as Bank of America. “You" and "your" mean each and all of the persons who are granted, accept or use the account and any person who has Suaranteed payment of the account. You may use your account for personal, family, or household purposes. You may not use your account for business or commercial purposes, Our failure or delay in exercising any of our rights under this Agreement does not mean that we are unable to exercise those rights later. TYPES OF TRANSACTIONS You may obtain credit in the form of Purchases, Balance Transfers, and Cash Advances, by using cards, access checks, an account number, or other credit devices. Cards are all the credit cards we issue to you and to any other person with authorization for use on this account pursuant to this Agreement. An access check is a check we provide to you to obtain credit on this account. All access checks include an expiration date printed at the top. We will honor access checks received for payment before the expiration date printed on the check, provided your account is open and in good standing, with available credit. Access checks without a printed expiration date will not be honored. Sign your card before using it. Purchase means the use of your card or account number (including through the use of an enabled mobile device) to: 1. buy or lease goods or services; 2. buy wire transfers from a non-financial institution (Wire Transfer Purchase); 3. make a transaction that is not otherwise a Cash Advance. Purchases include Account Fees, as well as Transaction Fees and adjustments associated with any Purchase. Balance Transfer means a transfer of funds to another creditor initiated by us at your request. A Balance Transfer does nat include a transaction that is otherwise a Cash Advance, except that any Direct Deposit completed at the time of your application for this account will be treated as a Balance Transfer. Balance Transfers include Transaction Fees and adjustments associated with any Balance Transfer. A Cash Advance means the use of your account for a loan in the following ways: 1 Direct Deposit: by a transfer of funds via an ACH (Automated Clearing House) transaction to a deposit account initiated by us at your request. A Direct Deposit does not include an Overdraft Protection Cash Advance or a Same-Day Online Cash Advance. Check Cash Advance: by an access check you sign as drawer, Bank Cash Advance: by loans accessed in the following manner: a, ATM Cash Advance: at an automated teller machine; b, Over the Counter ("OTC") Cash Advance: at any financial institution (e.g., to obtain cash, money orders, wire transfers, or travelers checks), or at any non-financial institution (i.e., to obtain cash); c Same-Day Online Cash Advance: by a same day online funds transfer to a deposit account; d. Overdraft Protection Cash Advance: by a transfer of funds to a deposit account pursuant to an overdraft protection program (see the section titled Overdraft Protection below); e, Cash Equivalents: by the purchase of foreign currency, money orders or travelers checks from a non- financial institution, or person-to-person money transfers, bets, lottery tickets, casino gaming chips, or bail bonds with your card or account number (including through the use of an enabled mobile device); f, Returned Payment: for any payment you make to us that is returned to us unpaid for any reason, including the related interest charges. Cash Advances include Transaction Fees and adjustments associated with any Cash Advance. All Bank Cash Advances are subject to the Cash Credit Line. For more information on credit lines, please refer to the section titled Your Revolving Lines within this Agreement. YOUR CREDIT CARD ACCOUNT AND YOUR MOBILE PHONE OR OTHER MOBILE DEVICES Smart phones, some tablets or other mobile devices (a "mobile device") can download, store, and/or access account information, for instance through a mobile wallet, that may enable you to use the mobile device to purchase goods or services, make a balance transfer, or make a cash advance. in certain instances, those transactions will replicate using your card to make a transaction on the internet with your computer. In other instances, the phone or mobile device will act as if it were a credit card itself. Applications that enable your mobile device will have unique terms governing those applications. Read them carefully. Transactions made through those applications are governed by this Agreement. When your credit card account information is accessible by your mobile device, it is important that you treat your mobile device with the same care you would your credit card. For example, you should secure your mobile device against unauthorized access. Keep in mind, if you give someone your phone, or other mobile device, that can be the same as giving that person your credit card. TRANSACTIONS MADE IN FOREIGN CURRENCIES If you make a transaction in a foreign currency (including, for example, online purchases from foreign merchants), the transaction will be converted by Visa International or MasterCard International, depending ‘on which card is associated with this account, into a U.S. dollar amount in accordance with the operating regulations or conversion procedures in effect at the time the transaction is processed. Currently, those regulations and procedures provide that the currency conversion rate to be used is either (1) a wholesale market rate or (2) a government-mandated rate in effect one day prior to the processing date. The currency conversion rate in effect on the processing date may differ from the rate in effect on the transaction date or posting date. INTEREST AND FEES iNTEREST RATES - ANNUAL PERCENTAGE RATES (APRs) This section provides the interest rates, also referred to as corresponding Annual Percentage Rates (APRs), which are applicable to your account. The APR corresponds to the Daily Periodic Rate (DPRs): the APR is equal to the DPR multiplied by 365, and the DPR is equal to the APR divided by 365. Interest charges are calculated by using the DPR. Ifa rate is a variable rate, we calculate that APR by adding together an index and a margin. For more information on variable rates, please refer to the How to Calculate Variable Rates section within this Agreement. Promotional Rates and Fees Promotional or Introductory Offers are temporary APRs (Promotional or Introductory Rates) or transaction fees (Promotional or Introductory Fees) that are offered on certain qualifying new transactions for a specified period of time, Each Offer will be assigned a unique Offer ID which will appear on your credit card statement after the first qualified new transaction for that Offer. If you revolve your balance to take advantage of a Promotional or Introductory Offer, all transactions and balances, including purchases, will be charged interest. Your account has the following Introductory Offers: Purchases: Introductory Offer ID: FGL9-TGCHK The Introductory APR is 0.00% (0,000000% DPR). This Introductory Offer applies to Purchases bearing this Introductory Offer ID (each is an “eligible transaction" for this Introductory Offer). This Offer applies to eligible transactions posting to your account beginning April 17, 2044 through your statement Closing Date in July 2015. This Introductory APR ends on your statement Closing Date in July 2015. When this Introductory APR ends, the APR for these Purchase introductory balances will increase to a variable rate calculated using the variable rate formula with a margin of 13.74 percentage points; this currently results in an APR of 16.99%, Balance Transfers: Introductory Offer ID: FGL9-T@CHL The Introductory APR is 0.00% {0.000000% DPR). This Introductory Offer applies to Balance Transfers bearing this Introductory Offer ID (each isan “eligible transaction” for this Introductory Offer), This Offer applies to eligible transactions posting to your account beginning April 17, 2014 through June 16, 2014. This Introductory APR ends on your statement Closing Date in July 2015. When this Introductory APR ends, the APR for these Balance Transfer introductory balances will increase to a variable rate calculated using the variable rate formula with a margin of 13.74 percentage points; this currently results in an APR of 16.99%. Current Rates Your current rate is the rate that will apply to transactions that are not subject to an Introductory or a Promotional Rate. Purchases: The APR for Purchases is a variable rate calculated using the variable rate formula with a margin of 13.74 percentage points; this currently results in an APR of 16.99% (0.046548% DPR). Balance Transfers: The APR for Balance Transfers is a variable rate calculated using the variable rate formula with a margin of 13,74 percentage points; this currently results in an APR of 16.99% (0.046548% DPR). Direct Deposit and Check Cash Advances: The APR for Direct Deposit and Check Cash Advances is a variable rate calculated using the variable rate formula with a margin of 16.74 percentage points; this currently results in an APR of 19.99% (0.054767% DPR). Bank Cash Advances: The APR for Bank Cash Advances is a variable rate calculated using the variable rate formula with a margin of 21.74 percentage points; this currently results in an APR of 24.99% (0.068466% DPR). Rates for Protected Balances When an interest rate change for new transactions is applied to your account, any existing balances of that type will be identified as Protected Balances on your statement. These Protected Balances generally are kept at their current APR until the balances are paid in full. Your account does not currently have any Protected Balances. PENALTY APR AND WHEN IT APPLIES The Penalty APR is the APR(s) which may be applied to new Purchases, Balance Transfers, and Cash Advances, for certain default occurrences as described below. We may increase the APRs on new transactions up to the Penalty APR, based on your creditworthiness, each time a Total Minimum Payment Due is not received by its applicable Payment Due Date. We may elect to set your APRs for Purchases, Balance Transfers, Direct Deposit and Check Cash Advances, and Bank Cash Advances to different Penalty APRs. We will provide you with a minimum of 45 days advance notice. An increased Penalty APR will remain in effect indefinitely. Penalty APRs are variable rates calculated using the variable rate formula with a margin of up to 26.74 percentage points; this currently results in an APR of 29.99% (0.082164% DPR). The calculated Penalty APR using this variable rate formula will not exceed 29.99%. HOW TO CALCULATE VARIABLE RATES: Variable Rates are calculated by adding together an index and a margin. The applicable margins are disclosed above in the section titled, Interest Rates - Annual Percentage Rates (APRs). This index is the highest U.S. Prime Rate as published in the "Money Rates” section of The Wall Street Journal on the last publication day of each month. As of March 31, 2014, the index used to calculate these variable rates was 3.25%, An increase or decrease in the index will cause a corresponding increase or decrease in your variable rates on the first day of your billing cycle that begins in the same month in which the index is published. An increase in the index means that you will pay higher interest charges and have a higher Total Minimum Payment Due. If The Wail Street Journal does not publish the U.S. Prime Rate, or if it changes the definition of the U.S, Prime Rate, we may, in our sole discretion, substitute another index. CALCULATION AND BILLING OF INTEREST CHARGES We calculate interest by multiplying each Balance Subject to Interest Rate by its applicable DPR and that result is multiplied by the number of days in the billing cycle. Interest is calculated and posted to the applicable Purchase, Balance Transfer or Cash Advance balance on the last day of the billing cycle after all other transactions have posted and payments have been allocated. BILLING CYCLE Abilling cycle is a time period that ends on a Statement Closing Date (or Closing Date) determined by us and begins on the day after the Closing Date of the previous billing cycle. Each monthly statement reflects a single biking cycle. PAYING INTEREST When applicable, interest accrues daily and compounds daily on new transactions, and balances remaining from previous billing cycles. Interest will continue to accrue even though you have paid thé full amount of any related balances because we include any accrued but unpaid interest in the calculation of each Balance Subject to Interest Rate. We will not charge you any interest on Purchases if you always pay your entire New Balance Total by the Payment Due Date. Specifically, you will not pay interest for an entire billing cycle on Purchases if you Paid in Full the two previous New Balance Totals on your account by their respective Payment Due Dates; otherwise, each Purchase begins to accrue interest on its transaction date or the first day of the billing cycle, whichever date fs later. We will begin accruing interest on Balance Transfers and Cash Advances on the transaction date. The transaction date for access checks is the date the check is first deposited or cashed. The transaction date for a Retumed Payment is the date that the corresponding payment posted to your account. New Balance Total means the total billed amount as of the Closing Date of abilling cycle, as shown on your monthly statement. Pay in Full or Paid in Full means payments and credits ina billing cycle totaling at least your previous ling cycle's New Balance Total. Your Payment Due Date will be at least 25 days from your statement Closing Date and will fall on the same calendar day each month. BALANCES SUBJECT TO INTEREST RATE Average Daily Balance Method (Including new Purchases): We calculate separate Balances Subject to an Interest Rate for Purchases and for each Introductory or Promotional Offer balance consisting of Purchases by: (1) calculating a daily balance for each day in the current billing cycle; (2) adding all the daily balances together; and (3) dividing the sum of the daily balances by the number of days in the current billing cycle. To calculate the daily balance for each day in the current billing cycle, we: (1) take the beginning balance; (2) add an amount equal to the applicable DPR multiplied by the previous day's daily balance; (3) add new Purchases, new Account Fees, and new Transaction Fees; and (4) subtract applicable payments and credits. If any daily balance is less than zero we treat it as zero. Average Balance Method (including new Balance Transfers and new Cash Advances): We calculate separate Balances Subject to an Interest Rate for Balance Transfers, Cash Advances, and for each Introductory or Promotional Offer balance consisting of Balance Transfers or Cash Advances by: (1) calculating a daily balance for each day in the current billing cycle; (2) calculating a daily balance for each day prior to the current billing cycle that had a Pre-Cycle balance -a Pre-Cycle balance is a Balance Transfer ora Cash Advance with a transaction date prior to the current billing cycle but with a posting date within the current billing cycle; (3) adding all the daily balances together; and (4) dividing the sum of the daily balances by the number of days in the current billing cycle. To calculate the daily balance for each day in the current billing cycle, we: (1) take the beginning balance; (2) add an amount equal to the applicable DPR multiplied by the previous day's daily balance; (3) add new Balance Transfers, Cash Advances and Transaction Fees; and (4) subtract applicable payments and credits. If any daily balance is less than zero we treat it as zero. To caloulate a daily balance for each day prior to the current billing cycle that had a Pre-Cycle balance, we: (1) take the beginning balance attributable solely to a Pre-Cycle balance (which will be zero on the transaction date associated with the first Pre-Cycle balance); (2) add an amount equal to the applicable DPR multiplied by the previous day's daily balance; and (3) add only the applicable Pre-Cycle balances, and their related Transaction Fees. We exclude from this calculation all transactions posted in previous billing cycles. MINIMUM INTEREST CHARGE {f the total of the interest charges for all balances is less than $1.50, then a Minimum Interest Charge of $1.50 will be assessed on the account. This fee is in lieu of any interest charge. TRANSACTION FEES We will assess the following Transaction Fees to your account in the same category to which the transaction is posted: If you obtain an ATM Cash Advance, we will assess a transaction fee equal to 5.00% of the U.S. dollar amount. of each such Cash Advance (Fee: Min. $10.00). If you obtain a Balance Transfer, we will assess a transaction fee equal to 3.00% of the U.S. dollar amount of each such Balance Transfer (Fee: Min. $10.00). if you obtain a Cash Equivalent, we will assess a transaction fee equal to 5.00% of the U.S. dollar amount of each such Cash Advance (Fee: Min. $10.00). If you obtain a Check Cash Advance, we will assess a transaction fee equal to 3.00% of the U.S. dollar amount of each such Cash Advance (Fee: Min. $10.00). If you obtain a Direct Deposit, we will assess a transaction fee equal to 3.00% of the U.S. dolfar amount of each such Cash Advance (Fee: Min, $10.00). If you make a Foreign Transaction, we will assess a transaction fee equal to 3.00% of the U.S. dollar amount of each such Foreign Transaction. This is in addition to any other applicable transaction fees. Foreign Transaction means any transaction made in a foreign currency, and any transaction made in U.S. dollars if the transaction is made or processed outside of the United States. Foreign transactions include for example, online purchases from foreign merchants. If you obtain an Overdraft Protection Cash Advance, we will assess a transaction fee of $10.00 for each such Cash Advance. If you obtain an Over the Counter Cash Advance, we will assess a transaction fee equal to 5.00% of the U.S. dollar amount of each such Cash Advance (Fee: Min. $10.00). If you obtain a Same-Day Online Cash Advance, we will assess a transaction fee equal to 5,00% of the U.S. dollar amount of each such Cash Advance (Fee: Min. $10.00). If you make a Wire Transfer Purchase, we will assess a transaction fee equal to 5.00% of the U.S. dollar amount of each such Purchase (Fee: Min. $10.00). ACCOUNT FEES The following fees are assessed as Purchases in the billing cycle in which the fees accrue: A Late Fee of $25.00 if the Total Minimum Payment Due shown on your monthly statement is not received by us on or before its Payment Due Date. If a late fee was assessed any time in the prior six billing cyctes, then the amount of the late fee will be $35.00, The Late Fee will not exceed the Total Minimum Payment Due immediately prior to assessment of the fee. If your balance is $100 or less on the Payment Due Date, we will Not assess a Late Fee. A Returned Payment Fee of $25.00 if a payment on your account is retumed for insufficient funds or for any other reason, even if it is paid upon subsequent presentment (if we elect to re-present the payment). The Returned Payment Fee will not exceed the Total Minimum Payment Due immediately prior to assessment of the fee, and will never exceed the amount of the payment being returned. A Returned Access Check Fee of $25.00 if we return an access check unpaid for any reason, even if the access check is paid upon subsequent presentment. The Returned Access Check Fee will not exceed the dollar amount of the access check. A Copy Fee of $5.00 for each copy of a monthly statement or sales draft, except that the six most recent monthly statements and one sales draft will be provided for free. An Abandoned Property Fee equal to any costs incurred by us for complying with state abandoned property laws, unless prohibited by applicable law. PAYMENTS AND DEFAULT YOUR PROMISE TO PAY You promise to pay us the amounts of all credit you obtain, which includes all Purchases, Balance Transfers, and Cash Advances. You also promise to pay us all the amounts of interest charges, fees, and any other transactions charged to your account. If a bank branch or office sponsors your account, you promise to pay it any unpaid account balance it pays us within 30 days. PAYMENTS ON YOUR ACCOUNT You must pay each month at least the Total Minimum Payment Due shown on your monthly statement by its Payment Due Date. Payments must conform to the requirements set out on that monthly statement; these requirements may vary without prior notice. You may pay the entire amount you owe us at any time, Payments made in any billing cycle that are greater than the Total Minimum Payment Due will not affect your obligation to make the next Total Minimum Payment Due. If you overpay or if there is a credit balance on your account, we will not pay interest on such amounts. We will reject payments that are not drawn in U.S. dollars and those drawn on a financial institution located outside of the United States, We reserve the right to reject any payment if your account has a credit balance as of the day we receive that payment. Generally, credits to your account, such as those generated by merchants or by person-to-person money transfers, are not treated as payments and will not reduce your Total Minimum Payment Due. ACH PAYMENTS We process most payment checks electronically. We use the information on your check to create an electronic funds transfer, Each time you send a check, you authorize a one-time electronic funds transfer. You also authorize us to process your check as a check or paper draft, as necessary. Funds may be withdrawn from your account as soon as the same day we receive your payment. You will not receive your cancelled check because we are required to destroy it. We will retain an electronic copy. For more information or to stop the conversion of your checks into electronic funds transfers, call us at the phone number listed on the front of your monthly statement. You may also write to us at: PO. Box 982234, El Paso, TX 79998-2234. ‘TOTAL MINIMUM PAYMENT DUE You may pay your total outstanding balance at any time, Each billing cycle, you must pay at least the Total Minimum Payment Due shown on your monthly statement by its Payment Due Date, The Total Minimum Payment Due is the sum of all past due amounts plus the Current Payment. The Current Payment for each billing cycle includes three amounts: (1) 1.00% of your balance (your New Balance Total except for any new interest charges and any new Late Fee), and (2) new interest charges, and (3) any new Late Fee. Your Current Payment will not be less than $25.00. We round the payment amount down to the nearest dollar. The Total Minimum Payment Due will not be greater than your New Balance Total. Ifa payment is credited to your account but is returned unpaid in a later billing cycle, we will recalculate the Total Minimum Payment Due. for the billing cycle in which the payment was originally credited. WHEN YOUR PAYMENT WILL BE CREDITED TO YOUR ACCOUNT We credit payments as of the date received, if the payment is: (4) received by 5 p.m. local time at the address shown on the remittance slip on the front of your monthly statement; (2) paid with a check drawn in U.S. dollars ona U.! financial institution or a U.S. dollar money order; and (3) sent in the return envelope with only the bottom portion of your statement accompanying it. Payments received after 5 p.m. local time at the remittance address on any day including the Payment Due Date, but that otherwise meet the above requirements, will be credited as of the next day. Credit for any other payments may be delayed up to five days. HOW WE ALLOCATE YOUR PAYMENTS: Payments are allocated to posted balances. If your account has balances with different APRs, we will allocate the amount of your payment equal to the Total Minimum Payment Due to the lowest APR balances first. Payment amounts in excess of your Total Minimum Payment Due will be applied to balances with higher APRs before balances with lower APRs, ROMISE TO PAY APPLIES TO ALL PERSONS All persons who initially or subsequently request, are granted, accept, guarantee or use the account are individually and together responsible for any total outstanding balance. If you are responsible to pay any total outstanding balance, we may refuse to release you from liability until all of the cards, access checks, and other credit devices outstanding under the account have been retumed to us and you repay us the total outstanding balance owed to us under the terms of this Agreement. DEFAULT You will be in default of this Agreement if you fail to make any required Total Minimum Payment Due by its Payment Due Date or you fail to abide by any other term of this Agreement. WHEN WE MAY REQUIRE IMMEDIATE REPAYMENT If you are in default, then in addition to our other remedies under this Agreement, we can require immediate payment of your total outstanding balance and, unless prohibited by applicable law, we can also require you to pay the costs we incur in any collection proceeding, as well as reasonable attomeys’ fees if we refer your account for collection to an attomey who is not our salaried employee. OTHER PAYMENT TERMS 10 We can accept late payments, partial payments, or payments with any restrictive writing without losing any of our rights under this Agreement. This means that no payment, including those marked with paid in full or with any other restrictive words, shall operate as an accord and satisfaction without the prior written approval of one of our senior officers. You may not use a postdated check to make a payment: If you do postdate a payment check, we may elect to honor it upon presentment or return it uncredited to the person that presented it, without In either case waiting for the date shown on the check, We are not liable to you for any loss or expense arising out of the action we elect to take. MODIFICATIONS TO REQUIRED MINIMUM MONTHLY PAYMENTS: We may allow you, from time to time, to omit a monthly payment or make a reduced payment. We will notify you when these options are available, This will only occur on an isolated basis, such as when the bank is working with borrowers affected by a federally declared disaster. If in response to this notification, you omit a payment or make a reduced payment, interest charges, applicable fees, and other regular transactions, if any, will accrue ‘on your account balances in accordance with this Agreement. The reduced payment amount may be less than your interest charges. You must make the reduced payment on time to avoid a Late Fee. You must resume making your regular Total Minimum Payment Due each month following any modifications made to your required minimum monthly payment. CREDIT AVAILABILITY YOUR REVOLVING LINES This credit card has no pre-set spending limit. This does not mean that all transactions will be approved. We will consider transactions for approval on an individual basis, including transactions in excess of the revolving line. Your revolving line, which may also be referred to as your Total Credit Line and Cash Credit Line, are disclosed to you when you receive your card and, generally, on each monthly statement. The Total Credit Line is the amount of credit available for the account; howe