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  • Bank Of America, N.A. v. Michael P ShulmanOther Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • Bank Of America, N.A. v. Michael P ShulmanOther Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • Bank Of America, N.A. v. Michael P ShulmanOther Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • Bank Of America, N.A. v. Michael P ShulmanOther Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • Bank Of America, N.A. v. Michael P ShulmanOther Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • Bank Of America, N.A. v. Michael P ShulmanOther Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • Bank Of America, N.A. v. Michael P ShulmanOther Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • Bank Of America, N.A. v. Michael P ShulmanOther Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
						
                                

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FILED: TOMPKINS COUNTY CLERK 03/04/2021 11:39 AM INDEX NO. EF2021-0133 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 03/04/2021 CI2021-03661 Index # : EF2021-0133 FILED: TOMPKINS COUNTY CLERK 03/04/2021 11:39 AM INDEX NO. EF2021-0133 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 03/04/2021 Cl2021-03661 Index #: EF2021-0133 9 Ý Customer Service Informatiom Bankof America Bankof America 8 1 2110 . . ... .. TTY: 1.800.346.3178 CASH REWARDS vuasignature* Mall billing inquiries to: Bank of America P,0. Box 982234 El PasoTX 79998-2234 Mall payment to: Bank of America MICHAEL P SHULMAN P.O. Box 15019 ""!~'~~ DE 19886-5019 9 GERMAN CROSS RD APT 2B ITHACA NY 14850-6054 March 21 - April 20, 2019 Account# 7928 Account Summary Payment information Pravlaus Balance $23,143.13 New Balance Total $23,444.57 Payments and Other Credits $0.00 Current Payment Due $532.00 Purchases and Adjustments $0,00 Past Due Amount $3,650.00 Fees Charged $0.00 Interest Charged $30L44 Total Minimum Payment Due $4,182.00 Payment Due Date 05/17/2019 New Balance Total $23,444.57 Late Payment Warning: If we do not receive your Total Minimum Total Credit Line $22.500.00 Payment by the date listed above, you may have to pay a late fee of up to Total Credit Available $0.00 $38.00 and your APRs may be Increased up to the Penalty APR of 29.99% Cash Credit Line $6,750.00 Total T:!sts Payment Warning: If you make only the Total M:ñ!mum Portion of Credit Ave!!eb!e Payment each period, you will pay more [n interest and It will take you for Cash $0.00 longer to pay off your balance. For example: Statement Closing Date 04/20/2019 Days In Billing Cycle 31 s slng d h H nd e h month ý ü)ay date f Only the Total 30 years $47,357.00 Minimum Payment If you would Ilke information about credit counseling services, call 866.300.5238. Important Changes to Your Account Terms The fal|Gwing is a summary of changes that we are making to your account terms. These changes wHI take effect on June 19, 2019. For more Information on these changes, see the enclosed Importañt Information section containing amenuments to your Credit Card Agreement. Itevised Tejms as of june 19 204 Late Payment Fee Up to $39 Returned Payment Fee Up to $28 Pleasesee last page of your statement for the payment mmittance coupon. 004-000-000-G FILED: TOMPKINS COUNTY CLERK 03/04/2021 11:39 AM INDEX NO. EF2021-0133 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 03/04/2021 Cl2021-03661 Index #: EF2021-0133 MICHAEL P SHULMAN | Account # 7928 | March 21 - April 20, 2019 IMPORTANT INFORMATION ABOUT THIS ACCOUNT PAYlNG INTEREST - We will not charge interest on Purchaseson the next CALCULATION OF BALANCES SUBJECT TO INTEREST RATE statement If you pay the New Balante Total in full by the Payment Due Date, Average Daily Balance Method (including new Purchases):We calculate and you had paid in full by the previous Payment Due Date. We will begin separate Balances Subject to an Interest Rate for Purchasesand for each Pr="" charging interest an Balance Transfers and CashAdvances on the transaction Introductory or Offer balance consisting of Purchases.We do this date. by: (1) calculating a daily balance for each day in the billing cycle; (2) adding all TOTAL INTEREST CHARGE COMPUTATION - Interest Chargesaccrue and the daily balances together; and (3) dividing the sum of the daily balances by are Gmptsded on a daily basis. To determine the Interest Charges, we the number of days in the billing cycle. multiply each Balance Subject to Interest Rate by its =pph=½ Daily Periodic To calculate the daily balance for each day in this statement's billing cycle, we: Rate and that result is multiplied by the number of days in the billing cycle. To (1) take the beginning balance; (2) add an amount equal to the applicable Daily determine the total Interest Charge far the billing cycle, we add the Periodic Periodic Rate multiplied by the previous day's daily balance; (3) add new Rate interest Charges together. A Daily Periodic Rate is calculated by dividing Purchases,new Account Fees, and new Transaction Fees; and (4) subtract an Annual Percentage Rate by 365. applicable payments and credits. (f any dally balance is less than zera we treat HOW WE ALLOCATE YOUR PAYMENTS - Payments are allocated to it as zero. posted balances. If your account has balances with different APRs,we will Average Balance Method (including new Balance Transfers and new Cash allocate the amount of your payment equal to the Total Minimum Payment Due Advances): We calculate separate Balances Subject to an Interest Rate for to the lowest APRbalances first (including transactions made after this Balance Transfers, Cash Advances, and for each Introductory or Prc=t!c.d statement). Payment amounts in excess of your Total Minimum Payment Due Offer balance consisting of Balance Transfers or CashAdvances.We do this by: will be applied to balances with higher APRsbefore balances with lower APRs. (1) calculating a daily balance for each day in this craransant's billing cycle; (2) IMPORTANT iiiFOiiiviATION ABOUT PAYMENTS BY PHONE - When calculating a daily balance for each day prior to this statement's billing cycle balance" - using the optional Pay-by-Phone service, you authorize us to initiate an that had a "Pre-Cycle a Pre-Cycle balance is a BalanceTransfer or a electronic payment from your account at the financial institution you designate. CashAdvance with a tranc=rtran date prior to this statement's billing cycle but You must authorize the amount and timing of each payrnent. For your with a posting date within this statement's billing cycle; (3) adding all the daily protect(an, we will ask for security information. A fee may apply for expedited balances together; and (4) dividing the sum of the daily balances by the number service. To cancel, call us before the scheduled payment date. Same-day af days in this statement's billing cycle. payments cannot be edited or canceled. To calculate the daily balance for each day in this statement's billing cycle, we: YOUR CREDIT LINES - The Total Credit Line is the amount of credit (1) take the beginning balance; (2) add an amount equal to the applicable Daily available for the account; however, only a partion af that is available for Bank Periodic Rate multiplied by the previous day's daily balance; (3) add new CashAdvances. The Cash Credit Line is that amount you have available for Balance Transfers, new Cash Advances and Transaction Fees; and (4) subtract Bank CashAdvances. Generally, Bank CashAdvances consist of ATM Cash applicable payments and credits. If any daily balance is less than zero we treat Advances, Over the Counter (OTC) Cash Advances, Same-Day Online Cash it as zero. Advances, Overdraft Protection Cash Advances, Cash Fmutualone, and To calculate a daily balance for each day prior to this statement's bl(ling cycle applicable transaction fees. that had a Pre-Cycle balance: (1) we take the beginning balance attributable MISCELLANEOUS - Promotional Rate End Date: This date is based on a solely to Pre-Cycle balance (which will be zero on the transaction date of the future statement closing date. If you change your payment due date, this date first Pre-Cycle balance); (2) add an amount equal to the applicable Daily could change. The New Balance Total which appears on this statement is not a Periodic Rate multiplied by the previous day's daily balance; (3) and add only payoff amount and may be subject to additional interest charges when you pay the applicable Pre-Cycle balances and their related Transaction Fees.We in full after your statement closing date. Please contact the customer service exclude from this calcu!ation all transactions posted in previous billing cycles. number located on the front of this statement for a pay-off amount. Virtual cards are the digital form of your eligible physical credit cards stored within a digital wallet. For the complete terms and candit|cm of your account, consult your Credit CardAgreement. This account is issued and administered by Bankof America. © 2019 Bank of Arner(ca Corporation Bank of America is a registered trademark of Bank of America Corporation. FILED: TOMPKINS COUNTY CLERK 03/04/2021 11:39 AM INDEX NO. EF2021-0133 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 03/04/2021 Cl2021-03661 Index #: EF2021-0133 MICHAEL P SHULMAN I Account # 7928 I March 21 - April 20, 2019 Transactions Transaction Posting Reference Account Date Date Description Number Number Amount Totat Interest Charged 04/20 04/20 INTERESTCHARGEDON PURCHASES 301.44 04/20 04/20 INTERESTCHARGEDON 8ALANCE TRANSFERS 0.00 04/20 04/20 INTERESTCHARGEDON DIR DEP&CHKCASHADV 0.00 04/20 04/20 INTERESTCHARGEDON BANK CASHADVANCES 0.00 TOTAL INTEREST CHARGED FOR THIS PERIOD $30L44 2019 Totals Year-to-Date Total fees charged In 2019 $114.O0 Total Interest charged In 2019 $1,152.13 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Type oF Annual Pr-M==l P::::2;;;| Promotional Balance interest Balance Percentage Transaction Offer ID Rate End Subject to Charges by Rate Type Date Interest Transaction Rate Type Purchases 15.24%V $ 23,288.57 $ 301.44 Balance Transfers 15.24%V $ 0.00 $ 0.00 Direct Deposit and Check Cash 22.24%V $ 0.00 $ 0.00 Advances Bank Cash Advances 26.49%V $ 0.00 $ 0.00 APRType Definitions DaI(y Interest Rate Type: V- Variable Rate (rate may vary) important Messages You're a valued customer and we want you to know that we haven't received your current payiiaent due. Please send your payment due today. If you've already ma[Ied [t, thank you. Your statement balance exceeds the Total Credit Line. To ensure üiiinteiiüpted use of your account, please make a payment to bring your balance under the Total Credit Line. There is no fee for being over your Total Credit Line. We have some tips to help you avoid paying late fees. VIsit Online Banking or download the Mobl[e Banking app available for select devices. Message and data rates may apply. When this statement was created, the account's Credit Line was in a restrIcted status and not eve!!=hia for use. Page3 of 10 FILED: TOMPKINS COUNTY CLERK 03/04/2021 11:39 AM INDEX NO. EF2021-0133 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 03/04/2021 CI2021-03661 Index #: EF2021-0133 MICHAEL P SHULMAN I Account # 7928 | March 21 - April 20, 2019 Ýour Reward Summary Make the most of your .00 Base Cash Back Earned ; rewards program today! .00 Total Cash Back Available Additional Information Together, we can identify and resolve fraud events faster. Visit the Security Center at bankofamerica.com/Pilvacy to learn more about how you can help protect your privacy and safeguard your accounts. Need to dispute a transaction? For the fastest dispute resolution, please contact the rñêrchant. If e se:·:÷ssfü|, simply file a dispute online Services" transed!on" www.bankofamerica.com. Select your credit card account, click the "1ñfer-st!en & tab and then select the "DIspute a "Services" link under the section. Page4 of 10 FILED: TOMPKINS COUNTY CLERK 03/04/2021 11:39 AM INDEX NO. EF2021-0133 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 03/04/2021 Cl2021-03661 Index #: EF2021-0133 MICHAEL P SHULMAN I Account # 7928 I March 21 - April 20, 2019 Important Information Please read theinformation below to stay informed about changae or otherlapostant details that may Impact you, Please review the enclosed annual Privacy Not[ce [nsert, which is also avanah|a in Mobile and Online Banking. We are changing some terms of your Credit Card Agreement The amendnient to your Credit Card Agreement Is outlined below. A[I other terms to your current agreemant still apply except as listed below. If there is a conflict, the terms in this amendment are in effect. Please keep this document. We are rnaking these amendments because of a change in our business practices. Changes to your credit card fees This amedment modifies the Late Fee and Returned Payment Fee entries in the section titled Account Fees. Below are the updated paragraphs. The Late Payment and Returned Payment rows in the Account S'.•mma-y Table of your Credit Card Agreernent are also revised with the new dollar amounts. These changes are effective June 19, 2019. A Late Fee of $28.00 will be assessed if the Total Payrnent Due shown on your monthly statement Minimum 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 cycles, then the amount of the Late Fee will be $39.00. The Late Fee will not exceed the Total Minimum Payment Due Iminediate|y prior to accacement 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 $28.00 will be eccaccad If a payrnest on your account is returned 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. Additional changes We have added a sentence to the end of the section titled How We Allocate Your Payments to clarify how returned payments may be handled. Below is the updated section. 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. If a payment is returned, we reserve the right to deb1t the returned payment amount to the balance subject to the current non-promotional rate for Purchases on the account. The section titled Overdraft Protection has been revised to clarify when Overdraft Protection fees are assassad if you are enrolled in Overdraft Protection. Below is the updated sentence within that section. We will not assess an Overdraft Protection Cash Advãúce fee for any Overdraft protection transfer from this account to a [1nked Bank of America deposit account, if we determine that (a) your deposit account Is overdrawn by a total amount less than $12.00, after we finish processing for the day, or (b) each overdraft transaction processed that day is $1.00 or less. Page5 of 10 FILED: TOMPKINS COUNTY CLERK 03/04/2021 11:39 AM INDEX NO. EF2021-0133 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 03/04/2021 CI2021-03661 Index #: EF2021-0133 MICHAEL P SHULMAN I Account # 7928 I March 21 - April 20, 2019 EQUAL CREDIT OPPORTUNITY ACT NOTICE The federal Equal Credit Opportunity Act pichibits creditors from discriminating against credit applicants on the basis of race, color, religion, national sex, marital status, origin, age (previded the applicant has the capacity to enter Into a binding contract); because all or part of the applicant's income derives from any public assistance program; or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. The federal agency that administem s compliance with this law concerning Bank of America, N.A., 100 N. Tryon Street, Charlotte, NC 28255, is the Bureau of Consumer Financial Protection, 1 700 G Street NW, Washington, DC 20006. YOUR BILLING RIGHTS Keep This Document For Future Use This notice tells you about your rights and our responsib:||t:ês under the Fair Credit Billing Act. What To Do if You F1nd A Mistake On Your Statement if you think there Is an error on your statement, write to us at: Bank of America P.O. Box 982234 El Paso, TX 79998-2234 In your letter, give us the following infürmatica. • Account Informatian: Your name and account number. • Dollar amount: The dollar amount of the suspected error. • Description of pic's|êrn. (f you think there Is an error on your bill, describe what you believe Is wrong and why you believe It is a rnistake. You must contact us: • Within 60 days after the error appeared an your statement. • At least 3 bus!ness days before an antam=+ad payment is sd÷! d. if you want to stop payrnent on the amount you think is wrong. You must notify us of any potant!e! errors In writing. You may call us, but If you do we are not required to investigate any potentlal errors and you may have to pay the amount In question. Note: It is very helpful if your letter includes the transaction date and the reference number for the charge, If available. What Will Happen After We Receive Your 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 rece!ved your letter. We will also tell you if we have already corrected the error. 2. Within 90 days of recêiving 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: • We cannot try to collect the amount In question, or report you as delinquent on that amount. • The charge In question may remain an your statement, and we may continue to charge you Interest on that amount. • Whlle you do not have to pay the amount In question, you are mspóñsible for the reme!nder of your balance. • We can apply any unpaid amount against your Total Credit Line. After we finish our Investigation, one of two things will happen: • If we da*arm!ne there was a mistake: You will not have to pay the amount In qüêstian or any interest or other fees related to that amount. • If we do not believe there was a mistake: You will have to pay the amount In questicn, along with app|icâ'ú|é interest and fees. We will send you a statamant of the amount you owe and the date payrnent is due. We may then report you as ±Mqü÷nt, Including to credit reporting agencies, If you do not pay the amount we think you owe. If you receive our erplanatisa but still believe your bill is wrong, you must write to us within 10 days telling us that you still refuse to pay. If you do so, we cannot report you as dellnquent without also reporting that you are quest!on!ng your bill. We must tell you the name of anyone to whorn we reported you as de|inqüënt, and we must let those organhat!nnc know when the matter has been settled between us. If we do not follow all of the rules above, you do not have to pay the first $50 of the amount you questier: even If your bil[ Is correct. Page6 of 10 FILED: TOMPKINS COUNTY CLERK 03/04/2021 11:39 AM INDEX NO. EF2021-0133 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 03/04/2021 Cl2021-03661 Index #: EF2021-0133 MICHAEL P SHULMAN I Account # 7928 [ March 21 - April 20, 2019 Your Rights If You Are D1ssatisfied With Your Credit Card 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 prGb|Grr, with the merchant, you may have the right not to pay the reinsin:;.g amount due on the purchase. To use this right, all of the following must be true: 1. The püithase must have been made in your home state or w[thin 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are necessary If your purchase was based on an advere!sement we malled to you, or If we own the company that sold you the goods or services.) 2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not qualify. 3. You must not yet have fully paid for the purchase. If all of the criteria above are met and you are still dissatisfied with the purchase, contact us In writing at: Bank of America P.O. Box 982234 El Paso, TX 79998-2234 While we investigate, the same rules apply to the d9pm=d amount as discussed above. After we finish our !nvest!gat!on, we will tell you our decision. At that point, If we think you owe an amount and you do not pay, we may report you as de!!nquent. 02019 Bank of America Corporation. All rights reserved. Page7 of 10 FILED: TOMPKINS COUNTY CLERK 03/04/2021 11:39 AM INDEX NO. EF2021-0133 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 03/04/2021 CI2021-03661 Index #: EF2021-0133 MICHAEL P SHULMAN | Account # 7928 ( March 21 - April 20, 2019 ______ This page intentionally left blank Page8 of 10 FILED: TOMPKINS COUNTY CLERK 03/04/2021 11:39 AM INDEX NO. EF2021-0133 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 03/04/2021 CI2021-03661 Index #: EF2021-0133 MICHAEL PSHULMAN ( Account # 7928 | March 21 - April 20, 2019 20 BANK OF AMERICA Account Number; 7928 P.O. BOX 15019 WILMINGTON DE 19886-5019 New Balance Total $23,444.57 Total Minimum Payment Due $4,182.00 Payment Due Date 05/17/2019 MICHAEL P SHULMAN Enter payment amount 9 GERMAN CROSS RD APT 2B ITHACA NY 14850-6054 For changeof address/phone number see reverseside, Makeyour payment mline at www.benters.~. :,com or MallthIs couponalong with your check payableto: Bankof Amer[on FILED: TOMPKINS COUNTY CLERK 03/04/2021 11:39 AM INDEX NO. EF2021-0133 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 03/04/2021 Cl2021-03661 Index #: EF2021-0133 MICHAEL P SHULMAN | Account # 7928 | March 21 - April 20, 2019 PAYMENTS - We creditmaItedpaymentsasof the date received,if the paymentIs:(1) receivedby 5 p.m.localtime at the addressshownon the remittanceportionof your monthlystatement;(2) paidwith a checkdrawnin U.S.dollarson a U.S.financialInstitutionor a U.S.dollar moneyorder;and (3) sentin the retum envelopewith only the remittance portionof yourstatementaccompanying it Paymentsreceivedby ntali after 5 p.m.localtIrneat the remittanceaddresson anyday Includingthe PaymentDueDate,but that otherwise meet the above:w ;÷s-. , will becreditedasof the nextday.Paymentsmadeonlineor by phonewill becreditedasof the dateof receiptIf madeby 5 p.m.Central.Creditfor any otherpaymentsmay bedelayedup to five days. cashpaymentsmadewith our teflersor ATMwith TellerAssist(ATA)wi(I only beacceptedwith a valid Identification(ID). No paymentshalloperateasan accordandsatisfactionwithout the pr(orwritten approvalof oneof our SeniorOfficers. Weprocessmostpaymentcheckse!e±ota!ly by using the Informationfoundon yourcheck.Eachcheckauthorizesusto createa one-timeelectronicfundstransfer(orprocessIt asa checkor paperdraft). Fundsmay bewithdrawnfrorn your accountassoonasthe sameday we receiveyourpayment.Checksarenot returnedto you. If youhaveauthorizedusto payyourcredit cardbIll auteme½!!y from yoursavingsor checkingaccountwith us,you can stop the paymenton any amountyou thinkis wrong.To stop payrnent,yourfetter must reachusat leastthree businessdaysbeforethe automaticpayment(sscheduledto occur. Change of Address/Phone number: OnlIne at www.bankofamerica.com Please do not add any written zzr±atIon In this space. AB