Party Statement: Discover Bank v. Thomasina Frazier

On January 27, 2023 a Party Statement was filed involving a dispute between Discover Bank, and Thomasina Frazier, for Other Matters - Consumer Credit (Card) Original Creditor Plaintiff in the District Court of Steuben County.

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FILED: STEUBEN COUNTY CLERK 06/23/2023 12:05 PM INDEX NO. E2023-0072CV
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 06/23/2023

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF STEUBEN

Discover Bank

Plaintiff
v.

Thomasina Frazier

Defendant.

Case No.

AFFIDAVIT OF FACTS BY ORIGINAL CREDITOR
(Original Creditor Actions)

The undersigned, being duly sworn, deposes and says:

1. I am a Litigation Support Coordinator for Plaintiff Discover Bank ("Discover"), a FDIC-

insured Delaware state bank, and I have personal knowledge of and access to Plaintiff's books

and records ("Business Records"), including electronic records, relating to the Defendant's

account ("Account") of Thomasina Frazier. In that capacity, I am authorized and responsible to

review the Business Records and provide testimony and evidence in support of Discover's effort

to collect outstanding balances on accounts past due. The last four digits of the Defendant's

Account number are ************8782.

2. Defendant's credit card account was originated by Discover. Pursuant to an agreement,

Discover Products Inc., ("DPI") exclusively services and maintains the business records,

including the account information related to the Defendant's account, on behalf of Discover

Bank, the owner of said account. DPI does not service any other creditor than Discover and its

related entities. In my position and as part of my duties, I have personal knowledge and access to

both Discover Bank's and DPI's business practices and procedures for creating and maintaining
Plaintiff's Business Records.

3. Plaintiff and Defendant entered into a credit agreement ("Agreement"). It is Discover's

regular practice to provide a copy of the agreement to its cardmembers, either electronically or

mailed to the address maintained in its business records during that time period. Pursuant to the

Agreement, Defendant agreed to pay Plaintiff for all goods, services and cash advances provided.

Defendant actually used the credit extended pursuant to the Account. The amount of the last

payment, if any, made Defendant was $ O , made on or about
by
- O . Defendant is now in default and demand for payment has been
03 -| 4
made. A true and correct copy of the Agreement with the charge-off balance is attached as an

exhibit to this affidavit.

4. At this time, Defendant owes $5,652.52 on the Account. This amount includes a charge-
off balance of $5,652.52, total post-charge-off interest of $0.00, total post-charge-off fees and

charges of $0.00, less any post-charge-off credits or payments made by or on behalf of the

Defendant totaling $.00.

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, 5. The monthly cardmember statements ("Account Statements"), attached hereto as an
exhibit and made a part hereof, are a true and accurate representation of the data and information
contained in Plaintiffs Business Records with regard to Defendant's Account as of the time
period identified in each statement. I have personal knowledge of Discover's procedures and
practices for generating, maintaining, and mailing account statements to its customers. It is
Discover's regular practice to provide periodic account statements to its cardmembers, either

electronically or mailed to the address maintained in its business records during that time period..
I have verified that the Defendant's Account Statements were forwarded to the Defendant, on the

dates and for the amounts due set forth therein, and mailed to Defendant's last known address.
The Business Records do not reflect that the statements were returned by the post office or that
Defendant objected to them as to the balance or to any items shown thereon. Attached hereto are
the most recent Account Statement with a charge, payment and/or balance transfer as well as the
Charge-off Statement.

6. The interest rate for consumer debt judgments pursuant to CPLR 5004 applies.

7. Plaintiff Discover is an FDIC Insured, Delaware State chartered bank which authorizes
the rates of interest charged and reflected in the Account Statements. Discover maintains no
branch locations outside its headquarters located in Greenwood, Delaware and offers services
nationwide primarily through telephone, internet and direct mail channels.

WHEREFORE, deponent demands judgment against Defendant for $5,652.52, together with the
costs and disbursements of this action and statutory post judgment interest.

The above statements are true and correct to the best of my personal knowledge.

-
Dated: LO 5 2O-)-0 3 [Name]

Sworn

of
to before

G ,
me this
202.
1 day

Notary Public

VlLANTHE5 WILLIAMS
Notary Public
State of Ohio

o Augu t 8, 20 7

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"A"
EXHIBIT

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. 2 CM.TL29K.LIN.0922

DISC"VER CARDMEMBER AGREEMENT
Discover'
Thankyou for choosing card.ThisAgreement explainsthe current terms and conditionsof your Account. The enclosed PricingScheduleis part of this Agreement.Pleaseread
this Agreement,includingthe PricingSchedule,carefully.Keepthemforyourrecords.Contactusif you haveanyquestions.Wehaveincludeda"Definitions"sectionforyourreference on page3.

ACCEPTANCE OF AGREEMENT

You accept thisAgreementif you donot cancelyourAccount within30 daysafter receivinga Card.Youalsoaccept thisAgreementif you or anAuthorized
Disputes"
Userusethe Account.Youmay,however,rejectthe "Arbitrationof sectionasexplainedinthat section.

CHANGES TOYOURAGREEMENT

The rates,fees and terms of this Agreement may change from time to time. We may add or delete any term to this Agreement. If required by law.
we willgiveyou advancewritten notice of the change(s)andarightto rejectthe change(s).Wewillnot chargeanyfee or interestchargeprohibited by law.

USING YOUR ACCOUNT

Permitted Uses You may use your Account for Purchases, BalanceTransfers and Cash Advances. You may not use it for illegal transactions.

Authorized Users You may request additional Cards for Authorized Users to make transactions on your Account. You must notif y us if you wish to cancel the
authority of an Authorized User to use your Account. You are responsible for all charges made by your Authorized Users.

Joint Accounts Ifyour Accountisajoint Account
· eachof you agreesto be liableindividuallyandjointlyfor the entireamountowed onthe Account;and
· anynotice we mailto anaddressprovided by eitherof youfor the Accountwillserveasnoticeto both of you.

Checks If we provide you with Checks, we will tell you whether we will treat the Check as a Purchase. Balance Transfer or Cash Advance. You may not
use these Checks to pay any amount you owe us.

Credit Authorizations We may not authorize atransaction for security or other reasons.We will not be liable to you if we decline to authorize atransaction or if anyone
refuses your Card, Check or Account number.

Credit Lines We will tell you what your Account credit line is. You must keep your increase or decrease your Account credit line or your Cash Advance
Account balance below your Account credit line. If you do not, we credit line without notice. We may delay increasing your available
may request immediate payment of the amount by which you exceed credit by the amount of any payment that we receive for up to 10
it. We may establish a lower credit line for Cash Advances. We may business days.
FEES (See your Pricing Schedule for Additional Fees)

Late Fee We will not charge a Late Fee the first time you do not make the Fee during any of the prior six billing periods. Otherwise. the fee is $41.
Minimum Payment Due by the Payment Due Date.After that, if you do This fee wdl never exceed the Minimum Payment Due that was due
not pay the Minimum Payment Due by the Payment Due Date. we will immediately prior to the date on which the fee was assessed.
charge you a Late Fee. The fee is 530. if you were not charged a Late
Returned Payment If you make apayment that is not honored by your financial institution, we Payment Fee during any of the prior six billing periods. Otherwise, the fee
pee will charge you a Returned Payment Fee even if the payment is honored is$41.Thisfee will never exceed the MinimumPayment Duethat wasdue
after we re-submit it. The fee is $30 if you were not charged a Returned immediately prior to the date on which the payment wasreturned to us

ANNUAL PERCENTAGE RATES ("APRs") (See your Pricing Schedule f or the APRs that apply to your Account)

Variable APRs Your Pricing Schedule may include variable APRs. These APRs are on the first d ay of the billing period that begins during the same
determined by adding the number of percentage points that we calendar month that the Prime Rate changes. An increase in the APR
specify to the Prime Rate. Variable APRs will increase or decrease will increase your interest charges and may increase your Minimum
when the Prime Rate changes. The APR change will take ef fect Payment Due. Your APRwill never be lessthan zero.

Penalty APR None

MAKING PAYMENTS

Payment Instructions · Youmust pay in U.S.dollars.Pleasedo not send cash.Sending cash is not . We credit your paymentsin accordancewith the terms containedon your
allowed.Allchecksmustbe drawnonfundson depositinthe U.S. billingstatement.
· Youmust payusfor allamountsdue onyour Account.Thisincludescharges - Ifyou mailyour paymentto anaddressother than the addressdesignated
made by AuthorizedUsers. on your billingstatement,there may be a delayin processingand crediting
· We may refuseto accept apaymentin aforeigncurrency.Ifwe do acceptit. the paymentto yourAccount.
we willchargeyourAccount ourcost to convertit to U.S.dollars. · If a third party makesa payment on your Account and we return all or a
· We can accept late payments, partial payments or payments marked part of such payment.then we may adjustyour Account for any amount
"paymentin full" or with any other restrictiveendorsementwithout losing returned. We reservethe right to defend ourselvesagainst any demand
anyof ourrightsunderthisAgreement. to returnfunds we havereceived,and may agreeto a compromise of the
demandedamountaspart of asettlement.

Minimum Payment Due Youmaypay the entire New Balanceshownon your billingstatement at any feesfor anydebt protectionproductthat youenrolledinonor after 2/1/2015;
time. Eachbilling period you must pay at leastthe MinimumPaymentDue InterestCharges;andLateFees.
by the PaymentDue Dateshown on your billing statement. The Minimum TheMinimumPaymentDuemay alsoincludeamountsby whichyou exceed
PaymentDuewillbe anyamountpastdue plusthe greaterof: your Account credit line. However,it will never exceed the New Balance.
. $35;or When we calculatethe MinimumPaymentDue.we may subtractfrom the
· 2%ofthe NewBalanceshownonyour billingstatement;or New Balancecertainfees added to your Account during the billing period.
-$20,plus any of the following chargesasshownon your billingstatement: TheMinimumPaymentDueisrounded up to the nearestdollar.

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MAKING PAYMENTS

How We Apply Payments We apply payments and credits at our discretion, including in a manner Each billing period.we will generallyapply amounts you pay that exceed
most favorable or convenient for us.In allcases.we will apply payments the Minimum PaymentDuetobalanceswithhigher APRsbeforebalances
and credits asrequired by applicable law. with lower APRsasof the date we credit your payment.

INTEREST CHARGES

How We Calculate We calculateinterest chargeseach biling period by first figuring the "daiy HowWeFigureYourTotallnterestCharges
balance"
Interest Charges- for each TransactionCategory. TransactionCategories include . WemultiplythedaiybalanceforeachTransactionCategorybyitsdailyperiodic
Daily Balance Method standard Purchases,standard Cash Advances and different promotional rate.WedothisforeachdayinthebiEngperiod.Thisgivesustheinterestcharges
(including current balances,suchasBalanceTransfers. for each TransactionCategory.To get a daily periodic rate, we dividethe
transactions) HowWeFigurethe DailyBalancefor EachTransactionCategory APRthatappliesto the TransactionCategoryby365.
. We start with the beginning balancefor each day.The beginning balance · Weadd upalthedaily interestcharges.Thesumis the totalinterestcharge
for the first day of the billing period isyour balanceon the last day of your for the biling period.
· Dueto roundng or aminimuminterestcharge,theinterest calculationmay
previousbiling period.
. We add any interest chargesaccrued on the previousday'sdaily balance varyfrom theinterest chargeactuallyassessed.
and any new transactionsand fees We add any new transactionsor fees HowWeincludeFees
asof the laterof the TransactionDateor the first day of the b)ing periodin WeaddBalanceTransferFeestothe applicableBalanceTransferTransaction
whichthe transactionor fee postedto yourAccount· Category. We add Cash AdvanceFees to the applicable Cash Advance
. We subtractany new creditsandpayments·
TransactionCategory. We add all other fees to the standard Purchase
. We make other adjustments
(includingthose adjustmentsrequired inthe TransactionCategory.
"PayingInterest"section).

Paying Interest WhenInterest ChargesBegin interest charges on New Purchases.New Purchasesare Purchasesthat
We begin to impose interest charges on a transaction, fee or interest first appear on the next billing statement.Interest will continue to accrue
charge from the day we add it to the daily balance. We continue to each day on Purchasesthat appearedon previous billing statements until
impose interest charges until you pay the total amount you owe us.You You pay the New Balanceinfull and will be billed in the next billing cycle.
can avoid paying interest on Purchasesasdescribed below.However, you HowWe Apply PaymentsMayImpactYourGracePeriod
cannot avoid paying interest on BalanceTransfersor CashAdvances· If you do not pay your New Balancein full each month, then, depending
Howto AvoidPayingIntereston Purchases("Grace Period") an the balanceto which we apply your payment, you may not get a grace
if you pay the New Balance on your current billing statement by the period on new Purchases.
Payment Due Date shown on that billing statement, we will not impose

OTHER IMPORTANT INFORMATION

Youare in defaultif: . you failto comply with the terms of this Agreement or any Agreement
Default
. you file bankruptcy or another insolvency proceedingis filed by you or with us or an Affiliate,including failing to make a required payment
against you; when due, exceeding your Account credit line or using your Cardor
. we havea reasonablebelief that you are unable or unwilling to repay Account for an illegaltransaction.
your obligations to us; If you are in default. we may declare the entire balance of your Account
. you die or are legally declared incompetent or incapacitated; immediately due and payablewithout notice.
attorneys'
Collection Costs If we use an attorney to collect your Account, we may charge you our legal costs as permitted by law. These include reasonable
fees, court or other collection costs, and fees and costs of any appeal.

Merchant Disputes Ifyou haveadispute wkh amerchant,you may requestacred¢to your Account.Ifwe resolvethe disputeinyourfavor,we willissueacreditto yourAccount.
Youassigntousyourclaimfor thecreditedamountagainst the merchantand/or anythird party.Atourrequest.youagreetoprovidethisassignmentinwriting.

Automatic Account Youmay set up automatic billing or store your Account information with changes. which may include your billing address, you authorize us to
Information Updates an Affiliate, merchant. wallet provider, or other third party ("Permitted provide this updated information to any such Permitted Party at our
Party"). If you do, you authorize us to share your Account information. discretion. You must contact the Permitted Party directly or remove
which may include your rewards account balance. with the Permitted your credit card information from the Permitted Party website if you
Party, regarding the use of your Account. If your Account information wish to stop automatic billing or Account updates.

Our Privacy Policy We send you our Privacy Policy when you open your Account. . how we safeguard its confidentiality and security;
Contact us or visit Discover.com if you would like a copy. Pleaseread . when it may be shared with others; and
it carefully. It summarizes: - how you can limit our sharing of this information.
. the personalinformation we collect;

Credit Reporting Youauthorize us to get information from credit reporting agencies and normally report to credit reporting agencies each month.lf you believe
other sources for servicing or review of your Account. collection and that information we reported is inaccurate or incomplete.please write
Agency Information
any other use permitted by law. including to consider you for other us at Discover. P.O.Box 30939, Salt Lake City. UT 84130-0939. Please
products and services. We may report the status and payment history include your name, address, home phone number and Account
of your Account to credit reporting agencies and other creditors. We number.

Our Communications You agree that we, our Affiliates,and agents, including service providers youprovide. Youagreethat the AuthorizedPartiesmay contact youusingan
with You ("Authorized Parties") may contact you. including calls,text messageor automaticdialeror pre-recorded voicemessage.Ifyou no longerwishtobe
email,aboutanycurrentor future accountsor applications,wkhrespect to all contacted onyour cellphoneby anautomateddialeror pre-recorded voice
productsyouhavewithusatanyphonenumber oremail(i)youhaveprovided message,you mustprovideuswritten notice cancellingyour consentatthis
to us,(ii)from which you contactedus, or (iii)which we obtainedandbelieve address:DiscoverBank,P.O.Box30937.SaltLake City, UT84130-0937.The
we can reachyou at, evenif your phone provider may chargeyou message writtennotice mustinclude:yourname,mailingaddress,thelastfourdigitsof
and data ratesfor callsor texts. Youagree that the AuthorizedPartiesmay your Account number andthe specificcell phone number(s)for whichyou
record or monitor any caHsbetween you and the AuthorizedParties.You would liketocancelyour consenttobe contacted by anautomateddialeror
agree to notify us if you change or discontinue using any phone number pre-recordedvoice message.

Unauthorized Use You must notify us immediately if: - you believe someone is using your Account or a Card without your
your Card is lost or stolen; or permission.
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Cancellation oÝ - You may cancel your Account. You will remain responsible for any · We may cancel, suspend or not renew your Account at any time
Your Account amount you owe us under this Agreement· without notice.
- Any joint Accountholder may cancel ajoint Account. However,
both of you will remain responsible for paying all amounts owed.

OTHER IMPORTANT INFORMATION

Purchases and Cash IfyoumakeaPurchaseor CashAdvanceinaforeigncurrency,wewillconvert depending on thecountry andcurrencyinwhichthetransactionismade.We
Advances in Foreign k to U.S.dollarsusingaratewe choose.Thisratewilleitherbe a government- usetherateineffectonthe conversiondateforthe transaction.Thisratemay
Currencies mandatedrate,agovernment-publishedrateortheinterbankexchangerate. be differentthantherateineffectonthe TransactionDateforthetransaction.

Governing Law ThisAgreementisgovernedby applicablefederallawand by Delawarelaw.However,inthe eventyoudefaultandwe file alawsuitto recoverfunds loanedto
statute."
you,the statuteof limitationsof the statewhere thelawsuitisfiledwillapply,withoutregard to that state'sconflictsof lawsprinciplesor its "borrowing
"Arbitration"
Severability Except as set forth in the section, if any part of this Agreement is found to be invalid, the rest of it will still remain in effect.

Enforcing this Agreement We may delay enforcing or not enforce any of our rights under this Agreement without losing or waiving any of them.

Assignment of Account We may sell. assignor transfer your Account or any portion of it without notice to you. You may not sell, assign or transfer your Account without
first obtaining our prior written consent.

MILITARY BORROWERS

Staternent of MAPR Federal law provides important protections to members of the Armed (3) any application fee charged (other than certain application fees for
Forcesand their dependents relating to extensionsof consumer credit. specified credit transactionsor accounts): and (4) any participation fee
Ingeneral.the cost of consumer credit toamemberof the Armed Forces charged (other than certain participation fees for acredit card account).
and hisor her dependent may not exceed anAnnualPercentage Rateof If you would like more information about whether this section applies
36percent. Thisratemust include, asapplicableto the credit transaction to you. please contact us at I-844-DFS-4MIL (1-844-337-4645)anytime
or account: (1)the costs associated with credit insurance premiums; (2) 24/7.If calling outside the U.S.you can contact usat +1-801-451-3730.
fees for ancillaryproducts sold in connection with the credit transaction;

Oral Disclosures Before agreeing to this Agreement, in order to hear important disclosures and payment information about this Agreement, please call
1-844-DFS-4MIL (1-844-337-4645) anytime 24/7. If calling outside the U.S.you can contact us at +1-801-451-3730.

Unlesswe tell you otherwise, you can notify us: - by phone at 1-800-347-3085 or . in writing to Discover.P.O.Box 30943. SaltLake City, UT84130-0943.When writing. please include
your name, address, home phone number and Account number. You must contact us within 15days after changing your email address. mailing address or phone number.

DEFINITIONS
"Account" "Check"
meansyourDiscovercardaccount. meansany check we sendto youto accessyour Account.
andaffiliates. Schedule"
"Affiliate"meansourparentcorporations,subsidiaries "Pricing meansthe document entitled "PricingSchedule','whichliststheAPRsthat
User"
"Authorized meansanypersonyou authorizetouse yourAccount or a Card,whetheryou applyto your Account andotherimportantinformation.
Rate"
notify usor not. "Prime meansthe highestrateof interestlistedasthe U.S.Primerateinthe MoneyRates
Transfer" sectionof the online WallStreetJoumal(www.ws).com)onthe lastbusinessdayofthe month.
"Balance meansabalancetransferredfrom anothercreditor to your Account.
"Card" "Purchase"meansthe
meansanyone or more Discovercardsissuedto youor someoneelsewith your useof yourAccountto purchaseor leasegoodsor servicesat
authorization. participatingmerchants.
"We,""us" "our"
"CashAdvance"meansthe useof yourAccountfor: and referto DiscoverBank.theissuerof your Card.
"You,""your" or "yours" referto
. obtainingcashfrom participatingautomatedteller machines,financialinstitutionsor other youand anyother person(s)who arealsocontractuallyliable
locations;and underthisAgreement.
Date"
. onlinegambling,or to purchaselottery tickets,moneyorders,casinochips,foreign currency "Transaction meansthe date shownonyour billingstatement for atransactionor fee.
or similaritems.

ARBITRATION

Agreement to Arbitrate.In the event of a dispute between whether you are covered by the Miitary Lending Act, please YourandOurRightToGoToSmallClaims Court. Youandwewill
you and us arising out of or relating to this Account or the contact us at 1-844-DFS-4Mil(1-844-337-4645)or if you are not chooseto arbitrateany individualClaimyouor we bring in
relationshipsresultingfrom this Accountor any other dispute caling fromoutsidethe USat-1-80t-451-3730. smal claimscourt (or anequivalentcourt).Thismeansyou or
between youor us.including.for example.adisputebasedon we maybring an actionin smal claimscourt (oran ivalent
afederatorstatestatuteorlocalordinance("Claim").eitheryou CLASSACTIONWAIVER. ARBITRATION MUSTBE ON AN court) without being subjectto arbitration.However. aClaim
or we may chooseto resoke the Claimby bindin arbitration. INDIVIDUAL BASIS.THISMEANSNEITHER YOUNORWEMAY istransferred.removed.orappealedfrom smallclaimscourt to
asdesenW below.insteadofincourt. AnyClaim for a JOIN OR CONSOLIDATE CLAIMSIN ARBITRATION BY OR a differentcourt. or if any Claimbrought in smal claimscourt
Claimchagengmgthe validityor enforceabiltyof arbitration AGAINSTOTHERCARDMEMBERS. ORLITIGATE INCOURTOR exceeds the smal claims court imit. you or we may then
a reement.includrig the ClassActionWaiver)mayberesolved ARBITRATE ANYCLAIMSASA REPRESENTATIVE ORMEMBER chooseto arbitrate.
binding arbitrationdeither party requestsit. THISMEANSlF OFACLASSORINAPRIVATE ATTORNEY GENERAL CAPACITY.
ETHERYOUORWECHOOSEARBITRATION. NEITHER PARTY G Law and Rules. This arbitration eement is
WILLHAVETHERIGHTTO UTIGATESUCHCLAIMINCOURT govem by the FederalArbitrationAct FAA). Arbitration
ORTOHAVEA JURYTRIAL ALSODISCOVERY ANDAPPEAL The arbitrator may award injunctive reief ordy in favor of must proceed on with the AmencanAr rationAssociation
RIGHTS AREUMITEDINARBiTRATION the individual part seeking reief and only to the extent
Evenif al partieshaveopted to litigatea Chirn in court. u or necessaryto ovi reief warrantedb that party'sindividual r ion r and t pr ed the AAA.
we may elect arbitrationwith respect to any Claimma by a the rulesin is arbitrationagreementwill be fogowedif there
new party or anynewClaimslaterassertedinthatlawsuit. Cpu tive ef a ourt decide at b
precludesenforcement of of this pa raphs imitations is disa t between the agreement and the AAA's
asto aparticularClaimfor re then afterÎllappeals from that fr ures. If the AAAs procedureschangeafter the Claim
Thisarbitration eement does not apply if. on the date you decisionhavebeenexhausted.thatClaim andonly that Claim) is fled. the procedures in effect when the Claimvras filed
submit your App cationor on the date we seekto invokethlS must be severedfrom the arbitrationan ma be brought in ªPP
arbitrationagreement,youareamember of the ArmedForces court Only a court, andnot an arbitrator. determine the
or a dependent of such a member covered by the federal valdity.scope.andeffect of the ClassActionWaiver.
MilitaryLendingAct If youwould ike more informationabout
-3-

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ARBITRATION

Fora copy of the AAAsprocedures.to file aClaimor for other wasgenuinelyin dispute,then eitheryouor we maychooseto their officers, directors and employees·any third party co-
appealto a new panelof threearbitrators.Theappellatepanel defendant of a Claimsubject to this arbitrationagreement;
information.pleasecontact the AAA at 1101LaurelOak Rd..
Voorhees.NJ08043.www.adr.org. is completely free to acc or rejectthe entireoriginalaward and al joint Accountholdersand AuthorizedUsersof your
or anypart of it.Theappe mustbe filedwith the AAAnotlater Account(s).
than 30 daysafter the originalawardissues.Appealcosts will
andif youandwe cannot
If the AAAis completely unavailable. be alocated consistentwith the AAA'sConsumerArbitraton Survivalof this Agreement. Thisarbitrationagreementshall
agreeonasubstitute,then eitheryouor we mayrequestthat a RulesandDueProcessProtocol.
court with jurisdictionappointasubstitute. survive
. closingofyourAccount;
arbitrationaward may be enforced (such as through a . voluntarypaymentofyourAccountor anypartof it;
FeesandCosts. If you wishto beginarbitrationagahst us but ju ment) in anycourt with junsdiction.Any finding,award.or
youcannotaffordto pay yourshareof the AAA'sor arbitrator's . anylegalproceedingsto collect moneyyou owe;
Ju gment from an arbitrationof any ClaimshaUapplyonly to . any
costs and cannotobtain a waiverof costs from the AAA.we that arbitration.NofIding, award.or pdgment from anyother ruptcy y you;an
will advancethosecosts if ou askusin wnting andare acting arbitrationshallimpactthe arbitrationof anyClaim. . anysale,assignment,ortransferby usof yourAccount.
in cod faith.Any requestl e thisshouldbe sentto Discover.
P. . Box 30421.SaltLakeCity.UT84130-042tIf you lose the
ClaimNoticeandSpecialPayment.If you havea Claim.before YouHavethe ht to RejectArbitrationfor thisAccount.You
arbitration. the arbitrator wil decide whether you must
may give us written mayrejectthe onagreementbuton if wereceivefrom
reimburseusfor moneywe advancedfor oufor thearbitration. initiating an arbitrationproceeding.
Notice"
If you win the arbitration,we willnot ask or reimbursementof notice of the Claim("Claim at least 30 daysbefore youa written noticeof rejectionwithin30 sysof yourreceipt
of the Cardafter your Accountis opened.Youmust sendthe
moneywe advanced.Additionally.ifyouwinthe arbitration,the initiating the arbitraton proceeding.The ClaimNotice must

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Party Statement: Discover Bank v. Thomasina Frazier

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