Exhibit,Appendix: Td Bank Usa, N.A. v. Kera R Snyder

On June 13, 2023 a Exhibit,Appendix was filed involving a dispute between Td Bank Usa, N.A., and Kera R Snyder, for Other Matters - Consumer Credit (Card) Original Creditor Plaintiff in the District Court of Erie County.

Preview
FILED: ERIE COUNTY CLERK 08/24/2023 12:44 PM INDEX NO. 807268/2023
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 08/24/2023
to applicant

Important
GRedCard"

Agreement,
Information and
Program Rules

5%*
Save
Get More
Every Day.
In store & online.

If approved, you can use
your lemporary Card in Target
stores until your new RedCard
arrives in 7-10 days.

Once you receive your new card:

" Activate your card at Target.com/myRedCard
Set up online card management, view transactions,
manage your PIN and more

" Add RedCard to Wallet in the Target App
The easiest way to save and cay with RedCad. gift
cards and cotipons when you check out in store.
Don't forget to check Wallet for exclusive RedCard
discounts so you can save even more.

Some restrictions apply. See page 29 tor amails.
FILED: ERIE COUNTY CLERK 08/24/2023 12:44 PM INDEX NO. 807268/2023
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 08/24/2023

5%*
Save
Get More
Every Day.

in store & online.

More to Your Door
Free 2-day shipping on
hundreds of thousands of
Target.com'
items from

More Exclusives
Including special items,
offers.*
gifts and

More Retum Time
An additional 30 days for
returns and exchangest

T3orne restrictions apoly. See page 29 for details.

FNectiveSeptember28, 2020

RedCard": TargetDebitCzd,TargetCreditCard,andTarget* Mastercare Su)ect
to applicationapproval(TargetMastercardcot availableto newappEcants).
The
RedCardcreditcards(FargetCreditCardandTargetMastercard) areissuedby TOGank
USA,NA TheRedCarddebitcardis issuedby TargetCorporation.Mastercardis a
registeredtrademwkof MastercardIntemational,Inc.Pat7,562,048and8.117,118.
FILED: ERIE COUNTY CLERK 08/24/2023 12:44 PM INDEX NO. 807268/2023
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 08/24/2023

TARGET CREDIT CARD 1-15

Target Credit Card Account Information

Agreement and Billing Rights Notice. . . . . 1-12

Target Credit Card Privacy Policy . . . . . . 13-15

TARGET DEBIT CARD 16--27

Target Debit Card Agreement and Error

Resolution Notice . . . . . . . . . . . . . . . . . . 17-22

Target Debit Card Privacy Policy. . . . . . . 23-27

BENEFITS & PROGRAM RULES 29-30
FILED: ERIE COUNTY CLERK 08/24/2023 12:44 PM INDEX NO. 807268/2023
NYSCEF
important
DOC. NO.
Credit
12 Card Account Information
RECEIVED NYSCEF: 08/24/2023

Annual Percentage
22.90%
Rate (APR) for Purchases
This APR will vary with the market based on the Prime Rate.
If approved for an account, the temporary credit card receipt will show your
variable APR based on the Prime Rate within the last 30 days.

How to Avoid Your due date is at least 25 days after the close of each billing cycle. We will

Paying Interest not charge you interest on purchases if you pay your entire balance by the
due date each month.

Minimum interest Charge If you are charged interest, the charge will be no less than $1.00.

For Credit Card Tips from To learn more about factors to consider when applying for or using
the Consumer Financial a credit card, visit the website of the Consumer Financial Protection
Protection Bureau Bureau at http://www.consumerfinance.gov/learnmore.
.. i ... . ..

Annual Fee None

Penalty Fees
" Late Payment
Up to $40

" Retumed Payment Up to $29

balance."
How We Will Calculate Your Balance: We use a method called "daily See your account
agreement for more details.

Billing Rights: Information on your rights to dispute transactions and how to exercise those rights is
provided in your account agreement.

We may change the terms, including your APR, at any time in accordance with the law.

The above variable APR was in effect within the iast 90 days.

If you are approved for a new credit account, you must use your new credit account to receive the
5% RedCard discount.

By applying for a Target Credit Card, you agree that you are providing contact information from your
application to TD Bank USA, N.A. and Target Corporation for their use, including marketing.

Notice to New York Residents: New York Residents may contact the New York State department of
financial services by telephone or visit its website for free information on comparative credit rates, fees and
grace periods. New York State Department of Financial Services: 1-800-342-3736 or http://www.dfs.ny.gov

2
FILED: ERIE COUNTY CLERK 08/24/2023 12:44 PM INDEX NO. 807268/2023
NYSCEF DOC. NO. Information
Notice-Important 12 About Procedures RECEIVED NYSCEF: 08/24/2023
for Opening a New Account
To help the govemment fight the funding of terrorism
and money laundering activities, Federal law
requires all financial institutions to obtain, verify and
record information that identifies each person who
opens an account.

What this means for you: When you open an

account, we will ask for your name, address, date
of birth, telephone number, Social Security number
and other information that will allow us to identify
you. We may also ask for your driver's license or
other identifying documents.

information About Applying for a Credit Card
When you sign or otherwise submit a credit

application, you are providing your consent and

authorizing TD Bank USA, N.A. and its successors,

assigns, employees and designated agents to gather

credit, salary, employment and other information
about you, including credit bureau reports, for
purposes of evaluating your application for credit. If
your application is approved and credit is extended
to you, we may take steps to re-verify any or all
of such information from time to time, including
by obtaining additional credit bureau reports, for

any legitimate purpose in connection with such
extension of credit, such as for the purpose of

reviewing the account, increasing the credit fine
on the account, or for collecting on the account.
In addition, we will fumish information conceming
your account to consumer reporting agencies and
others who may properly receive that information.
If you ask, you will be informed whether or not a
consumer report was requested, and if areport was
requested. you will be informed upon request of
the name and address of the consumer reporting
agency that furnished the report. When you submit
a credit application to us, you are certifying that
you have not concealed essential information for

determining your identity and creditworthiness, and
that no misrepresentations have been made on the
application. If approved, you agree to abide by the
terms and conditions applicable to the account.
3
FILED: ERIE COUNTY CLERK 08/24/2023 12:44 PM INDEX NO. 807268/2023
NYSCEF DOC. for
Information NO.Residents
12 of Specific States RECEIVED NYSCEF: 08/24/2023

Notice to California Residents:
Married applicants may apply for separate accounts.

Notice to Delaware Residents:
Service charges not in excess of those permitted by
law will be charged on the outstanding balances from
month to month.

Notice to Ohio Residents:
The Ohio Laws against discrimination require that all
creditors make credit equally available to all credit-

worthy customers, and that credit reporting agencies
maintain separate credit histories on each individual
upon request. The Ohio Civil Rights Commission
adrninisters compliance with this law.

Notice to Married Wisconsin Residents:
No provision of any marital property agreement,
unilateral statement under Section 766.59 of the
Wisconsin statutes or court decree under Section
766.70, adversely affects the interest of the creditor,
TO Bank USA, N.A., unless the Bank, prior to the
time of the credit is granted, is furnished a copy
of the agreement, statement or decree, or has
actual knowledge of the adverse provision when
the obligation to the creditor is incurred. IF I AM A
MARRIED RESIDENT, CREDIT EXTENDED UNDER
THIS ACCOUNT WILL BE INCURRED IN THE
INTEREST OF MY MARRIAGE OR FAMILY. Married
applicants must provide their Social Security number
and address and their spouse's name and address to
Target Card Services, P.O. Box 673, Minneapolis, MN
55440.

Notice to Active Duty Service Members and
Dependents:
If you would like more information regarding your
account, please call us at 1-800-290-3431.
FILED: ERIE COUNTY CLERK 08/24/2023 12:44 PM INDEX NO. 807268/2023
NYSCEF DOC. NO. 12 M RECEIVED NYSCEF: 08/24/2023

O " TARGET CREDIT CARI) AGREEMENT MM

This Agreement explains the terms that you agree to follow for your Target
Credit Card Account ('Account"). Your signature on your application or
solicitation for this Account, including without limitation any clectrontc or c
digild signature. as well as your Signature on SalesSlips or any Account-
related document, represents your signature on this Agreement. The card
carrier that accompaniedyour TargetCredt Cardis part of this Agreement.In
"we." "us," "our" Bank" mean -
this Agreement and "TO TD Bank USA,N.A.,a
nadonalbank with its main office locatedin Delaware,and its successorsand
assigns.which is the issuer of the TargetCredit Card."You" and "your" mean
"Card"
everyonewho is liable for paymenton thisAccount. refers to your Target
"Target" "PIN"
Credit Card. means TargetCorporationand its affiliates. refers
to the personalidentification number associatedwith your Cardand any other
personalidentificationnumberyou use to authorizea purchaseusing the Card,
includingany PINor passwordthat you use to accessany mobilewallet where
you storeyour Cardnumber.YouunderstandthatTDBankUSA,NAis the issuer
and Targethas the right to service accounts and collect on TD Bank's behalf.
1. USEOFYOURACCOUNT-When you apply for an Account,you promise
to be bound by the terms of this Agreement.You promise to pay us for
all credit extended under this Agreementand all other amounts you owe
to us according to the terms of this Agreement.If the Account is a joint
Account. each of you is bound by this Agreemeritand each of you jointly
and individuallypromisesto pay us, and may be held liable for, all amounts
awed to us on your Account. You also promise to pay us for charges
incurred by anyoneyou allow to use your Account.If you give your Cardto
someoneand authorizetheir use of the Card,you must regain possession
to terminate their authorized use. This Account may be used only for
personal.family or householdpurposes.Youagree that you will not use or
allow use of your Cardor Account for any illegal transaction or purpose.
You may only use your Card to make purchases of goods and services
("Purchase(s)")at Targetstores focatedin the UnitedStates and from the
TargeLcomwebsite. You may be required to enter your PIN to complete
a transaction. You will safeguard your Card and all PINs to prevent
unauthorizeduse.
2. CREOlTLIMIT - Youagree that we may establisha credit limit for your
Account ("Credit Limit'). Youagree that we may chango a Credit Limit at
any time for any reasonnot prohibited by taw,including, but not limited to,
changes in your credrt capacity, your pattern of payments to us, ar your
purchasing behavior.We may also change a Credit Limit based on any
informationprovidedto us by a consumer reportingagency,including your
risk score at the consumer reporting agency or information about credit
accountsyou havewith other companies.Wemay,but are not required to,
approvetransactionsthat exceedyour Credit Limit without liability to you
and without obligating us to do so in the future. Yuuagree to prevent your
Accountbalancefrom exceeding the Credit Limit.

5
FILED: ERIE COUNTY CLERK 08/24/2023 12:44 PM INDEX NO. 807268/2023
NYSCEF DOC. NO. - 12
3. SPECIALPROMOTIONS Occasunally.yuu may be providedthe opportunity RECEIVED NYSCEF: 08/24/2023
to use your Card or Account in connection with special promotions. These
promotions may be subject to terms and conditions in addition lo ur different
from those providedin this Agreement which will be describedin the special
promotionoffer.Unicssotherwise stated,however,all terms of this Agreement
shall apply to any special promotion
4. PAYMENTS- We will send you a billing statement cach month that your
Account has a balance.Your billing statemerit will show the amount you owe
us, which is calledthe New Balance,and the smallest amountyouhaveagreed
to pay us for that billing period, which is called the Minimum PaymentDue.
If any portion nf the New Balanceis delinquent, the statement will show the
Amount Past Due. The statement will also lell you the Payment Due Oate.
TheMinimum PaymentDueeach month will equalthe greater of a) $29.00; or
b) thesum of the following:1%of your NewBalance(roundedto the nexthigher
whole dollar amount) any Interest Charges,any HetumedPayment Fees,and
any Late PaymentFees.We may roundyour MinimumPaymentDueto the next
higher whole dollar amount. If there is an Amount Past Oue,we will also add
that amountand includeit in your Minimum PaymentDue.If your NewBalance
is lessthan $29.00, the Minimum PaymentDuewill be the entire NewBalance.
Yourminimumpaymentswill be allocatedin our discretion.Paymentsin excess
of the minimum paymentwill be allocated inaccordance with applicable law.
Youagree to pay us in United Statesdollars. If you pay by check. your check
must be drawn on a depository institution located in the UnitedStates. If you
do not pay the New Balancein full, you agreeto pay by your PayrnentDueDate
at leastthe Minimum PaymentOue.Youmay,at any time, pay the total amount
owing an your Account. Payments are posted to your Account in a timely
manner as required by law. However,we may delay restoring your available
Credit Limit in the amount of the payment to make sure we receivethe funds.
At our option, we may obtain paymentfor any check or other irtstrument that
you sendto us by initiating an electronic fincludingAutornatedClearingHouse)
transfer from your depository institution account in the amount of your check
or instrument.Yourcheck or instrument will not be returnedto you by us or by
your depository inshtuhon.Yourdepository institution account may be debited
as early as the same day we receive your payment. If we cannot process
the electronic transfer or if the electronic transfer is returned to us, we may
present the original check or other instrument, a substitute check, draft or
similar instrument to obtain payment.
S. UNAtlTHGRI2EDUSE - If you notice the loss or theft of your Card or PIN,
or possible unauthorized use of your Card or PIN, you should write to us
immediately at:
TargetCardServices
P.0.Box 1581
Minneapolis, MN 55440-1581
Or call us at: 1-800-659-2306
If you notify us by telephone,you agreeto confirm your notification in writing.
Youare not liable fur unauthurizeduse of the Account.Youagree to assist us
in determining the facts relating to any theft or possible unauthorized use
of your Account and to comply with the procedures we may require for our
investigation.All Cardsare issued by us to you,and you must retum or destroy
your Cardif we request you to do so.

6
FILED: ERIE COUNTY CLERK 08/24/2023 12:44 PM INDEX NO. 807268/2023
NYSCEF DOC. NO. 12- Some transactions will reouire our prior
6. CREDITAUTHORIZATIONS RECEIVED NYSCEF: 08/24/2023
authorizatinn, and you may be asked to provide identification. If our
authorization systern is not working. we may not be able to authorize a
transaction.We will not be liable to you if any of these events happen or
for any railure to authorize a transaction.We are also not responsiblefor
the refusal of anyoneto accept your Card.
7. INTERESTCHARGES-
" RATE-
ANNUALPERCENTAGE YourAnnual Percentage Rate and
correspondingDaily PeriodicRate mayvary with changesin the Prime
Rate.1f you receiveo a temporary card for your Account. the Annual
PercentageRateandthe Daily PeriodicRateapplicableto your Account
are noted on it. The temporary card is a part of this Agreement.The
card carrier sent with your Cardalso tells you the Annual Percentage
Rateand Daily PeriodicRateapplicableto yourAccountand is a part of
this Agreement.lf the PrimeRatechanges,the AnnualPercentageRate
shown on the card carrier and your billing statement may be different
than thosedisclosedon your temporary card.
TheAnnualPercentageRate ("APR")and correspondingDaily Periodic
Rate ("DPR") will be determined by adding a margin to the Prime
Rate"
Rate.The "Pnrne means the highest U.S.Prime Ratepublished
Rates"
in the "Money section of The Wall Street Joumal. For each
billing period we look at the PrimeRateon the lastbusiness day of the
previous calendar month. Any change in the APRand corresponding
OPRwill take effect on the first day of the billing period.Yourrate may
increasewhen the PrimeRateincreases.If the APRand corresponding
DPRincrease,tlie Minimum PaymentDueand the amount of Interest
Chargeson your Account may also increase.
" PURCHASES -The APRfor Purchasesis determined by adding to the
PrimeRatea marginof 19.65%. Pleasesee your temporary credit card
for the purchaseAPRand correspondingDPRthat was in effect within
the last 30 days from when your accountwas opened.
" BALANCECOMPUTATIONAND PAYINGINTERESTCHARGES-
We calculate a Daily Balance for your Account. We may maintain
separate balances for your Purchases and special promotional
Purchase balances (each. a "Balance Type") and calculate a Daily
Balancefor each.Todeterminethe Daily Balancefor a Balance Type,
each day we take the beginning balancefor the BalanceType,add any
new chargesinduded in that BalanceType,andsubtract any payments
and creditsappliedto that BalanceType Wethen multiply the resulting
balance by the applicable Daily Periodic Rate. The resulting daily
Interest Chargeis included n the beginning balanceof that Balance
Typefor the next day.Purchasesare includedin the Daily Balanceas
of the tater of the transaction date or the first day of the billing period
in which the Purchaseis posted to the Account. Feesare included in
the Daily Balanceof Purchaseswhen posted to the Account.
We figure the Interest Charge on your Account for each Balance
Type by multiplying your Daily Balanceof each BalanceType by the
applicable Daily PeriodicRatefor each day in the billing cycle,At the
end of the billing period,we will add up the daily InterestChargeson ali
BalanceTypesfor each day in the billing period to get the total Interest
Chargefor the billing period.
FILED: ERIE COUNTY CLERK 08/24/2023 12:44 PM INDEX NO. 807268/2023
NYSCEF DOC. NO. 12accruean Purchasesas of the day the Purchase
InterestChargesbeginto RECEIVED NYSCEF: 08/24/2023
is includedin the Daily Balance.However.if you paidthe New Balancethal
was shownon your previousbilling statement by the PaymentDueDateon
that statement.then (1) we will not impose InterestChargeson Purchases
during your current billing period if you pay the New Balance shown on
your current billing statement by the PaymentDueDatecmthat statement,
and (2) we witl credit any payment (tn the etent the payment is applied
toward Purchases)as of the first day in your current billing period if you
make a payment by the PaymentDue Date that is less than the current
billing period's New Balance.
(I a New Balancewas shown nn your previous billing statement and you
did not pay the New Balanceby the PaymentOueDateon that statement.
then we will not impose Interest Chargeson any Purchases during the
current billing period if you pay the New Balanceshown on your current
billing statement by the PaymentDue Dateon that statement.
Please note that if your Account has a promotional balance, this may
impact how we are reouiredto aDDIVVourcayments andwhether you can
take advantageof these terms regardtonInterest Charaeson Purchases.
" MINIMUM CHARGEFORBILLINGPER10D- For any billing period in
which an InterestChargeis imposedon your Account,there is a minimum
interest chargeof $1.00.

8. FEES- The following fees may be assessedan yaur Account.
" LATEPAYMENT FEE-You will pay a Late PaymentFeeof $29.00 when any
amountdue remainsunpaidafteryour PaymentDueDate.Anysubsequent
Late PaymentFeeswill be $40.00 until you make your required Minimum
PaymentDueby the PaymentDueDatefor six consecutivebilling periods.
In any event, the Late PaymentFeewill not be greaterthan your Minimum
PaymentDuefor the billing period for which your paymentwas late.
" RETURNED PAYMENTFEE- Youwill pay S29.00 each time any check or
other paymentorder (including an electronic payment)(anot honored by a
depository institution. In any event, the ReturnedPaymentFeewill not be
greater than the Minimum PaymentDue that was due immediately prior
to the date on which the paymentwas retumed to us.
" EXPEDITED DELIVERY FEE- At your request,we will expeditethe delivery
at an additionalor replacementCardfor yourAccount.Youmay be required
to reimburse us up to S25.00 for delivery and other charges imposedon
us by third parties for this expeditedservice.
" DOCUMENTATION REPRDDUCTION FEE- Youmay be chargedS2.00 for
each duplicate Accountdocument we reproducefor you at your request,
in accordancewith applicable law. We will not charge you lar duplicate
documentswe reproducefor you in connectionwith a billing error notice
or if our investigationindicates a billing error occurred.
9. ACCORDAND SATISFACTION- Wemay accept letters,checksor othertypes
full"
of payments showing "payment in ar using other language to indicate
satisfaction of your debt ("Disputed Amounts") without waiving any of our
nghts to receivefull payment under the terms of this Agreement.Youagreeto
send any DisputedAmountsto the addressfor billing inquiries shown on your
billing statement.
FILED: ERIE COUNTY CLERK 08/24/2023 12:44 PM INDEX NO. 807268/2023
10. CONSUMER
NYSCEF REPORT
DOC. NO.USEAND
12 FlIRNISHINGINFORMATl0N-We may RECEIVED NYSCEF: 08/24/2023
"
check information about you yotr credit histor y, or your salary and
cmployment with consumer reporting agencies including credit bureaus,
or others.We may report informationaboutyourAccountto credit bureaus.
Late payments, missed payments or other defaults on your Account may
be reflected in your credit report. We may also report information about
you, your Account and our experienceswith you to consumer reporting
agencies,to credit bureaus, to other companics that are affiliated with us
or to others as allowed by law and our privacy policy. If you do not fulfill
the terms of this Agreement,we may submit a negative repod reflecting
on your credit record to one or more consumer reporting agencies.If you
believe we havereported inaccurate information about your Account to a
consumer reporting agency,you should notify us by sending ynur Account
number and a description of the informationyou believe to be inaccurate
along with any documentation supporting the inaccuracy, such as your
credit report, to Target Card Services, P.0. Box 673, Minneapolis, MN
55440-0673.
11. OEFAULT/TERMINATION OFCREDITPRNALEGES-Subject to applicable
law. you will be in default under this Agreementif you violate any term of
this Agreement, fail to make the Minimum PaymentDue by the Payment
Due Date.or becomethe subject of bankruptcy or insolvencyproceedings.
Upon default or death, subject to applicable law, we may, in our sole
discretion: (a) reduceyour CreditLimit; (b) terminatethe Account.at which
time the terms of this Agreement will continue until we have been paid
in full; (c) requireimmediate paymentof the total balanceon your Account
induding all relatedfeesand chargesdescribedin this Agreement;(d) bnng
a tegalaction against you to collect money owed to us; (ej terminate any
specialpromotionalcredit terms; or (f) take any other action permitted by
applicable law. If we refer your Account to an attomcy for collection, you
attorneys'
must pay to us all costs and expensesof collection, including
feesandcourt costs, to the extent not prohibited by law.Evenif youare not
in default, we reservethe right to terminateyour privilegesto obtaincredit
on the Account at any time. Upon any termination of this Agreement
by you or us, you will continue to be obligated to pay all amounts
owing under this Agreement, and to otherwise perform the terms and
conditions of this Agreement.
12. COMMUNICATIONS WITH YOU- We or our agents may call or text by
telephoneregardingyour Account Youagreethat we may placesuch calls
or texts using an automatic dialing/announcingdevice.Youagree that we
may make such calls or textsto a mobiletelephoneor other similar device.
Youagreethat we may, for training purposesor to evaluatethe quality of
our service, listen to and record phone conversationsyou have with us.
Massageand data rates may apply. Toopt out, pleasecall the number on
the back of your card.
13. WHATLAW APPLIES- Applicable federal law and the substantive
laws of the State of Delaware (to the extent not preempted by
federal law) without regard to the principles of conflicts of law
or choice of law shall govern this Agreement. To the extent any
court determines that this Agreement is subject to Maryland law
concerning credit, you and TD Bank agree that your Account is
governed by Title 12, Subtitle 9 of the Commercial Law Article of
the Annotated Code of Maryland, except as preempted by federal
law. If there is any conflict between any of the terms and conditions of
FILED: ERIE COUNTY CLERK 08/24/2023 12:44 PM INDEX NO. 807268/2023
NYSCEF DOC. and
this Agreement NO. 12 federal or state law, this Agreement will be
applicable RECEIVED NYSCEF: 08/24/2023
consideredchangedto the extent necessaryto comply with the law.
14. CHANGEOFPERSONALINFORMATION- Youagree to tell us rignt away of
any change in your name. addressor telephonenumbers.
M. ASSIGNMENTOFACCOUNT-We may sell, assign or transfer your Account
or any receivablescreated under yourAccount without notice to you.Wewill
record any transfer in the book entry system maintained by us for the benefit
of you.Youinay nut sell, assignof transferyourAccountwithout first obtaining
our written consent.
16. NO WAlVER - We may waive or delay enforcing any of our rights under
this Agreernentor under applicable law without losing any of those rights or
remedies. Evenif we do not enforce our rights or remedies at any one time,
we may enforce them at a later time.
17. CHANGESTO THIS AGREEMENT- We have the right to change this
Agreement (including the right to add additional terms) and to apply those
changesto any existing balanceon the Account as permitted by law. Wewill
provide you with notice of any such changes as required by applicable law.
18. NO SECtlRITY - Your Account is unsecured.We are not taking a security
interest in any property in connectionwith your Account
19. EVIDENCE- Youagree that we may use a copy. microfilm, microfiche or
digital irnage of any periodic statement or other document to prove what you
owe us and that the copy, microfilm, microfiche or digital image will have the
same validity as the original.
20. CAPTIONSAND INTERPRETATIONS - The captions used in this Agreement
are for convenienceonly.They do not affect the meaning of the paragraphsin
this Agreernent.
21. SEVERABILITY-If any part of this Agreementis held to be invalid, the rest
will remain in effect.
22. ENTlREAGREEMENT- You agree that this Agreement (as amended and
supplemented from time to time) and the application constitute the final
expression of the Agreement between you and us and that this Agreement
may not be contradicted by evidence of any prior or contemporaneous or
subsequent aral agreement between a representative of ours or a Target
employee.Neither a Targetstore nor Targetstore employeehas authority to
change, add to, or explain the terms of this Agreement, except as expressly
provided in this agreement.
You may at any time pay the unpaid balance of the account in whole or in
part without incurring any additional charge for prepayment
NOTICETO CALIFORNIA - Interest is compoundedunder the terms
RESIDENTS
of this Agreement.
NOTICETO NEW JERSEYRESIDENTS- Because certain provisions of this
Agreement are subject to applicable faws, they may be void, unenforceable or
inapplicable in some jurisdictions. None of these provisions, however, is void.
unenforceableor inapplicable in New Jersey.
NOTICETOWISCONSIN RESIDENTS - If you do not pay on time on two occasions
within any 12-rnonth period, we can declare the entire New Balance due and
payableafter we havegiven you properwritten notice and you havefailed tocure
the default within fifteen (15) days notice; however,a right to cure does not existif
two defaults have been cured within the preceding twelve (12) months.

70
FILED: ERIE COUNTY CLERK 08/24/2023 12:44 PM INDEX NO. 807268/2023
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 08/24/2023

O
YOUR BILUNG RIGHTS
®
KEEP THIS DOCUMENT FOR FUTURE USE

This notice tells you about your rights and our responsibilities under
the Fair Credit Billing Act.
14hat To Do 15YouFind A Mistake On your Statement
If you think there is an error on your statement, write to us at:
TDBank LjSA,N.A.
c/o TargetCardServices
P.0.Box 9500 fi
Minneapolis,MN 55440-9500
In your letter, give us the following information:
" Account information:Yourname and account number.
" Dollaramount The dollar amount of the suspectederror.
a Descriptionotomblem: If you think there is an error on your bill, descritle
what you believeis wrong and why you believe It is a mistake.
Youmust contact us:
" Within 60 days after the error appearedon your staternent.
" At least 3 businessdays before an automated payment is scheduled,
if you want to stop payment on the amount you think is wrong.
Youmust notify us of any potential errors in writing.You may calf us. but if
you do we are not required to investigate any potential errors and you may
haveto pay the amount in question.
What Will HappenAfter We fleceive Voor Letter
When we receive your letter, we must do two things:
1. Within 30 days of receiving your letter,we must tell you that we received
your letter.We will also tell you if we have already corrected the error.
2. Within 90 days of receiving your letter we must either correct the error
or explain to you why we believe the bill is correct.
While we investigate whether or not there has been an error:
" Wecannot try to collect the amount in question, or report you as
delinquenton that amount.
" The chargein question may remain on your statement.and we may
continue to charge you interest on that amount.
a Whileyou do not have to pay the amount in question, you are responsible
for the remainderof your balance.
" Wecan apply any unpaid amount against your credit limit.
After we finish our investigation, one of two things will happen:
" If we madea mistaj% Youwill not haveto pay the amount in questionor
any interest or other fees related to that amount.
" If we do not believethere was a mistake: Youwill haveto pay the amount
in question. along with applicable interest and fees.Wewill sendyou a
statementof theamountyou owe andthe datepaymentb due.We may then
reportyou as delinquentif you do not pay the arnountwe think you owe.
If you receive our explanation but still believe your bill is wrong, you must
write to us within 10 days telting us that you still refuse to pay. if you do
so, we cannot report you as delinquent without also reporting that you are
FILED: ERIE COUNTY CLERK 08/24/2023 12:44 PM INDEX NO. 807268/2023
NYSCEF DOC.
questioningyour NO.
bill. We 12you the name of anyene to whom we reported
must tell RECEIVED NYSCEF: 08/24/2023
you as delinquent, and we must let those organizations know when the matter
has tjeen settled between us.
If we do not follow all of the rules above,you do not have to pay the first S50 of
the amount you question.even it your bill is correct.
Your Rights if You Are Dissatisf jed With Your Gredit Cprd Purchases
If you are dissatisfied with the goods or services that you have purchased with
your credit card, and you have tried in good faith to correct the problem with
the merchant, you may have the right not to pay the remaining amount due on
the purchase.
Touse this right, all of the following must be true:
1. The purchase must have been rnade in your home state or within 100 miles
of your current mailing address,andthe purchaseprice must havebeen more
than $50. (Note: Neither of these are necessary N your purchase was based
on an advertisementTarget mailed to you, or if Targetor Target.comsold you
the goods or services.}
2. Youmust have used your credit card for the purchase.
3. Youmust not yet have fully paid for the purchase.
If all of the criteria aboveare met and you are still dissatisfiedwith the purchase,
contact us inwriting at:
TargetCardServices
P.0.Box 1581
Minneapolis,MN SS440-1581
While we investigate, the same rules apply to the disputed amount as discussed
above.After we finish our investigation,we wilt tell you our decision.At that point, if
we think youowe an amountandyou do not pay,we may reportyou as delinquent.
Notice to Active Duty Service Members and Dependents:
The following important notice applies if you are an active duty service member or
a dependentof oneat the time you requestan Account.Foraccountsopenedon or
after October3. 2017, Federallaw providesimportant protections to membersof
the Armed Forcesand their dependentsrelating to extensionsof consumer credit.
in general,the cost of consumercredit to a member of the ArmedForcesand his or
her dependentmay not exceed an annual percentagerate of 36 percent.Thisrate
must include,asapplicableto the credittransactionor account:Thecosts associated
with credit insurancepremiums; feesfor ancillary products sold in connectionwith
the credit transaction;any applicadonfee charged (ather than certain application
feesfor specifiedcredittransactionsor accounts);and any participationfeecharged
(otherthan certain participation fees for a credit card account). If you would like
more information regarding your account, please call us at 1-800-290-3431.

2
FILED: ERIE COUNTY CLERK 08/24/2023 12:44 PM INDEX NO. 807268/2023
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 08/24/2023
RedCard BENEFITS & PROGRAM RULES

5% RedCard" Discount Program Rules:
Target* Mastercarde
Whenyou use your TargetDebit Card,TargetCreditCardor
(each, a "RedCard"7 at farget stores or Target.com, you will receive S] off
on your purchases Wyou use a RedCardin the same purchase transactionwith
anotherform of payment.the 5% discountwill apply only to the purchase amount
tenderedto your RedCard.5% discount applies to cliçtiblepurchases minus any
other discounts and the value of any promotional Target gift cards received in
the transaction.Targetreserves the right to discorttinue or aher the terms of this
programat any time.
5% discount does not apply to the following:
" Prescriptions. uver-the-counter items located behind the pharmacy counter
and clinic services at Target
" Target Optical" eye exarns and protection plans (Target Optical products
such as glassesand contact lenses,do receive the 5% discount)
* Target gift cards and prepaid cards, Game On, Gift of College and lottery
gift cards
" Previouspurchases
" Target credit account payments. Target Debit Card cash back and cash
advanceson the TargetMastercard
" Shipt membership fees
" Alcohol purchasesin Indiana
" Gift wrap and shipping and handling chargeson Target.compurchases
" Wireless protection program purchases and deposits required by mobile
carrier
" Whereotherwise prohibited by law
RedCard" Extended Returns Program Rules:

When you make purchases with your Target Debit Card, Target Credit Card or
Target" Mastercarda (each.a "RedCard"") at Targetstoresor Target.com,you
will receive30 additionaldays to retum the purchasesbeyondthe standardretum
to
policy applicable to each of the purchased items. Target reserves the right
discontinueor alter the terms of this program at any time,
RedCard extended returns do not apply to the following:
" TargetOptical" purchases
" Non-retumableitems
" Contractmobile phones
RedCard" Free Shipping at Targetcom Program Rules:
Target" Mastercard®
Whenyou use your TargetDebit Card,TargetCreditCard or
(each.a "RedCardW") on y
Target.com, auwill receivefree shipping on yourTarget.
com purchases.Offerapplies on standardshipping to all 50 states and the District
af Columbiaas well as APO/FPOaddressesand PuertoRico.If you upgrade your

For full print and download access, please subscribe at https://www.trellis.law/.

Exhibit,Appendix: Td Bank Usa, N.A. v. Kera R Snyder

Preview

Case Info

Parties