Preview
System Generated Hearing Date: 9/6/2024 10:00 AM
Location: Court Room 1101
Judge: Allegretti, J ohn Michael
FILED
1/4/2024 2:42 AM
IRIS Y. MARTINEZ
CIRCUIT CLERK
COOK COUNTY, IL
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS 20241100254
Discover Bank NnQ0241100254 Courtroom, 1101
25822288
Plaintiff,
vs. Return Date:
Salvador H Castro
Defendant(s). Amount Claimed: $15,207.39
Plus Court Costs
COMPLAINT
NOW COMES the Plaintiff, by and through its attorneys, Blitt and Gaines, P.C., and
complaining of the Defendant(s), states as follows:
Count I: BREACH OF CONTRACT
The Defendant(s) opened a charge account and/or line of credit with Discover Bank or its
predecessor in interest on April 15, 2014, whereby Defendant(s) could charge goods and/or
services to the account and/or receive cash advances.
The Defendant(s) used the account, thereby agreeing to all of the terms and conditions in
place at the time of such use. See attached Terms and Conditions.
Defendant(s) subsequently defaulted by failing to make the minimum payment(s).
After receiving all payments, debits, credits and set offs, there is now due and owing from
Defendant(s) to Plaintiff the sum of $15,207.39.
Due demand has been made on the Defendant(s) to pay this amount and the Defendant(s)
have failed to do so.
By reason of the foregoing, Plaintiff is entitled to judgment against Defendant(s) for breach
of contract in the sum of $15,207.39, plus court costs.
This suit has been filed within the relevant statute of limitations.
Count I: ACCOUNT STATED
Plaintiff repeats and re-alleges each and every allegation contained in paragraphs | through
6 of this complaint as though fully set forth at length herein.
Periodic statements were sent to Defendant(s) by regular or electronic mail which set forth
in detail, all debits and credits, the total balance due, the interest rate and the minimum
payment.
10 Attached hereto and incorporated herein is a copy of the last periodic statement provided to
Defendant prior to charge-off.
1 Defendant(s) did not object to the statement, indicate that the statement contains an error, nor
indicate that it was erroneous in any respect within a reasonable period of time.
12 After receiving all payments, debits, credits and set offs, there is now due and owing from
Defendant(s) to Plaintiff the sum of $15,207.39.
13 Due demand has been made on the Defendant(s) to pay this amount and the Defendant(s)
have failed to do so.
14. By reason of the foregoing, Plaintiffis entitled to judgment against Defendant(s) for account
stated in the sum of $15,207.39, plus court costs.
15 This suit has been filed within the relevant statute of limitations.
WHEREFORE, the Plaintiff, requests judgment against Defendant(s) as follows:
@ On Count [, Plaintiff requests judgment for breach of contract in the sum of
$15,207.39, plus statutory post judgment interest plus costs; or
(ii) On Count II, Plaintiffrequests judgment for account stated in the sum of $15,207.39,
plus statutory post judgment interest plus costs; and
(iii) for such other and further relief as this Court deems just and reasonable.
Blitt and Gaines, P.C.
Attorney at Law /s/Michael J. Wolf ARDC#:6186302
775 Corporate Woods Parkway
Vernon Hills, IL 60061
(844) 762-8212 TTY: 711
pleadings2@blittandgaines.com
23084516
32887
This is an attempt to collect a debt by a debt collector and any information obtained will be used
for that purpose.
Discover Bank
Plaintiff,
SALVADOR H CASTRO
Defendant(s),
CREDIT CARD COLLECTION AFFIDAVIT
STATE OF OHIO
COUNTY OF FRANKLIN
Heather Hysell, personally appeared before me, on this day and after being duly sworn, according
to law, and upon my oath and states as follows:
Iam a Litigation Support Coordinator for DISCOVER BANK, an FDIC insured Delaware state
bank. DISCOVER BANK, as well as its wholly-owned servicing subsidiary DISCOVER
PRODUCTS INC., is responsible for, among other things, interacting with Discover Card
account holders to accept payments and perform other servicing activities on Discover Card
accounts.
This affidavit is made on the basis of my personal knowledge, as well as my review of
documents held both by DISCOVER BANK and DISCOVER PRODUCTS INC., and is
submitted in support of the Plaintiff's suit on account against the Cardmember(s).
In my capacity as Litigation Support Coordinator, I have knowledge regarding, and access to,
records regarding the Discover Card account of the above referenced Cardmember(s). These
records are maintained in the ordinary course of business, and the records are updated with
information on events (such as charges and payments on the account) by individuals with
personal knowledge of those events or by automated processes that track such events at or near
the time that the events occur. The same systems that record this information also generate
periodic statements that are sent to Discover cardmember(s), and store copies of these periodic
statements. In addition, these same record-keeping systems contain information about which
version of DISCOVER BANK’s terms and conditions has been communicated to an account
holder and accepted by an account holder. I have personally inspected the records pertaining to
the account of the Cardmember(s), including the last periodic statement sent to the
Cardmember(s) to ascertain the applicable terms and conditions, the balance due on said
account and whether the Cardmember(s) have made payments on that balance.
According to the records maintained by DISCOVER BANK and DISCOVER PRODUCTS
INC. during the period of time that account statements were generated, such statements were
either provided to the Cardmember(s) electronically or mailed to the Cardmember(s) at the
address maintained on file during that time period. According to the records, the last known
BLI_CASTRO_1723469_1.7IL vL.7IL
address associated with the Cardmember(s) is/are:
6222 N HERMITAGE AVE
CHICAGO, IL 60660-1117
The account is in default because the Cardmember(s) have not paid the amounts due and owing
to DISCOVER BANK on the account.
The business records maintained by DISCOVER BANK and DISCOVER PRODUCTS INC.,
and described above show that the Cardmember(s)’ account with DISCOVER BANK is
governed by terms and conditions referred to as “terms level 29L.” A true and correct copy of
these terms and conditions have been provided to DISCOVER BANK’s counsel in this case and
is attached hereto as Exhibit A.
DISCOVER BANK has access to a system of records maintained by the United States Department
of Defense, which allows DISCOVER BANK to ascertain whether a particular person is engaged
in active duty in any branch of the U.S. military. It is the regular practice of DISCOVER BANK
to query this system with respect to any account holder prior to initiating a collection action against
that account holder. DISCOVER BANK maintains records in the normal course of its business that
indicate the results of that query. Based on my review of the account records applicable to
Cardmember(s), to the best of my knowledge and belief the above referenced Cardmember(s) is
not engaged in any of the military services of the United States.
1 IDENTIFICATION ABOUT THE CONSUMER DEBT OR ACCOUNT
a. As of charge-off date:
Full name of the Nature of the debt,
Date the account
Full name of the defendant as it Last four digits of (credit card debt,
was opened or the
creditor appears on the the account number payday loan, retail
debt originated
account installment loan, etc.)
Discover Bank SALVADOR H 1298 4/15/2014 Credit Card
CASTRO
b. Exhibit B is a true and accurate copy of the last periodic statement sent by DISCOVER
PRODUCTS INC. to the Cardmember(s), retrieved from the record-keeping system
described above.
Exhibit C is a true and accurate copy of information retrieved from DISCOVER
PRODUCTS INC.’s record-keeping system that shows the current balance due and owing
on the Cardmember(s)’ account. Exhibit C reflects the balance that includes any activity
occurring on the account after the last statement (Exhibit B).
BLI_CASTRO_1723469_1.7IL v1.7IL
c. The most recent activity on the account prior to or after charge-off, includes:
Total Amount of
Date of Last Amount of Last Credits and/or
(Charge-Off Baiance| Charge-off Date
Payment* Payment Payments Since
Charge-off Date**
15,207.39 08/31/2023
913/03 $62 i
* Last payment on the account, pre- or post-charge-off.
**Credits or payments made within 30 days of the signing of this affidavit may not be reflected.
4. Forarevolving credit account, Plaintiff further certifies that it has in its possession and can
produce on request the most recent monthly statement recording a purchase, transaction,
last payment, or balance transfer.
2. PROOF OF OWNERSHIP OR RIGHT TO SUE FOR DEBT BUYERS
From (Name) To (Name) Date Assignment
KX] Does not apply — Discover Bank is the charge-off creditor.
3 ADDITIONAL ACCOUNT INFORMATION AFTER CHARGE-OFF
Discover Bank is seeking additional amounts after the charge-off date:
LJ No*
XX] Yes.
IX] Post-judgment interest accruing after the entry of the judgment
y Total amount of non-interest charges or fee accrued $ y
Discover Bank is seeking attorney’s fees in the
amount of $0
BLI_CASTRO_1723469_1.7IL vL7IL
‘o Retured payment(s) in the amount of sd
Balance due and owing as of date of affidavit: $ 15,207.39
*Costs prayed for in the Complaint will not be reflected.
Under penalties as provided by law under section 1-109 of the Code of Civil Procedure, the
undersigned certifies that the statements set forth in this instrument are true and correct, except as
to matters therein stated to be on information and belief and as to such matters the undersigned
certifies as aforesaid that [s]he verily believes the same to be true.
Name of Affiant
]
APL 1127 18
Wu Signature of Affiant Date
SUBSCRIBED TO AND SWORN TO before me this 1 day of Nov , 2023.
etter
( Notary Public
8
os nt JAL gin,
e,
I,
Joella Reid
Notary Public, State of Ohio
My Commission Expires:
September 25, 2028
“9 i,anos
4.9, Fo"
BLI_CASTRO_1723469_1.7IL vL7IL
CM.TL29L.LIN.0922
DISCOVER CARDMEMBER AGREEMENT
—
Thank you for choosing Discover’ card, This Agreement explains the current terms and conditions of your Account. The enclosed Pricing Schedule is part of this Agreement. Please read this
‘Agreement, incliding the Pricing Schedule, carefully. Keep them for your records. Contact us if youhave any questions, We have included a “Definitions” section for your reference on page3,
ACCEPTANCE OF AGREEMENT
You accept this Agreement if youdo not cancel your Account within 30 days after receiving a Card. You also accept this Agreement if youor an
Authorized User use the Account. You may, however, reject the “Arbitration of Disputes” section as explained in that section.
CHANGES TO YOUR AGREEMENT
Therates, feesand terms of this Agreement may change from time to time. We may add or delete any term to this Agreement. I required by law, we willgive
youadvance written notice of the change(s) anda right to reject the change(s), We wil not charge any fee or interest charge prohibited
by law.
USING YOUR ACCOUNT
_
Permitted Uses You may use your Account for Purchases, Balance Transfers 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 notify 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 fyour Account is a joint Account
each of you agrees to be liable individually and jointly for the entire amount owed onthe Account; and
+ any notice we mailto an address provided by either of you for the Account will serve as notice to both of you.
Checks fwe 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 a transaction for security or other reasons. We will not be liable to you if we decline to authorize a transaction or if anyone
refuses your Card, Check or Account number.
Credit Lines
Account balance
tequestimmediate
:
We will tell you what your Account credit line is. You must keep your
below your Account creditline.If youdonot, wemay
payment of the amount by which youexceedit.We
or decrease your Account credit line or your Cash Advance credit line
without notice, We may delay increasing your available credit by the
amount of any payment that we receive for up to 10 business days,
‘may establish a lower credit line for Cash Advances, We may increase
FEES (See your Pricing Schedule for Additional Fees)
earn
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 will never exceed the Minimum Payment Due that was due
not pay the Minimum Pe ment Due by the Payment Due Date, we will immediately prior to the date on which the fe was assessed.
charge you a Late Fee, he fee is $30, if you were not charged a Late
Returned Payment Fee Ifyou make a payment thats not honored by your financial institution, Otherwise, the fee is $41. This fee will never exceed the Minimum
we will charge you a Returned Payment Fee even if the payment is Payment Due that was due immediately prior to the date on which
honored after we re-submit it The fee is $30 if you were not charged the payment was returned tous.
a Returned Payment Fee during any of the prior six billing periods,
ANNUAL PERCENTAGE RATES (“APRs") (See your Pricing Schedule
for the APRs that applyto your Account)
—
Variable APRs Your Pricing Schedule
determined by adding
specify to the Prime
may include variable APRs, These APRs are
the number of percentage points that we
Rate, Variable APRs will increase or decrease
R
on the first day of the billing riod that begins during the same
calendar month that the Prime ‘ate changes. An increase in the APR
will increase your interest charges and may increase your Minimum
when the Prime Rate changes. The APR change will take effect Payment Due. Your APR will never be less than zero.
Penalty APR None
MAKING PAYMENTS
—
Payment Instructions You must pay in U.S. dollars, Please do not send cash, Sending cash We credit your payments in accordance with the terms contained
is not allowed. All checks must be drawn on funds on deposit in on your bil ing statement.
the U.S. If you mail your payment to an address other than the address
You must pay us for all amounts due on your Account. This includes designated on your bill statement, there may be a delay in
charges made by Authorized Users, processing and crediting the paymentto your Account.
We may refuse to accept a payment in a foreign currency. If we Ifa third party makes a payment on your Account and we return all
do accept it, we will charge your Account our cost to convert it to
US. dollars,
orapartofsuch
amount returne ‘ve
ent, then we may adjust your Account for any
reserve the right to defend ourselves against
bang rao k
We canacceptlate artial payments or payments any demand to return funds we have received, and may agree to a
marked 4 rent in other restrictive endorsement compromise of the demanded amount as part of a sett! lement.
without any of our rights under this Agreement,
Minimum Payment Due
tnethemay. E ao
Ye
P.
the entire New Balance shown on your billing statement at any
iling period you must pay at least the Minimum Payment Due
Due Date shown on your biling statement. The Minimum
fees
2/1/2016; interest
New Balance).
Boe oi that you enrolled in on or after
Fees (not to exceed 4% of the
Payment ‘willbe
the greater of: The Minimum Payment Due may also include amounts by which you exceed
. $20;0r your Account credit line, it will never exceed the New Balance. When we
any past due amount plus the greater of: calculate the Minimum Payment Due, we may subtract from the New
~3% of the New Balance shown on your biling statement (excluding any Balance certain fees a to your Account during the biling period. The
Interest Charges and ate Fee shown on your biling statement); or Minimum Payment Due is roun juptothe nearest dollar.
~$15, plus any of the following charges as shown on your billing statement:
©2022 Discover Bank, Member FDIC al
MAKING PAYMENTS
_ —
How We Apply Payments Weapply payments and credits at our discretion, includingina manner most amounts you pay that exceed the Minimum Payment Due to balances with
favorable or convenient or us.Inallcases, we willapply paymentsandcredits higher APRs before balanceswith lower APRs as of the date we credit your
as required by applicable law. Each biling period, we will generally apply payment.
INTEREST CHARGES
HowWe Calculate We calculate interest charges each billing period by first figuring the How We Figure Your Total Interest Charges
Interest Charges- “daily balance” for each Transaction Category, Transaction Categories
include standard Purchases, standard Cash Advances and different
We multiply the daily balance for each Transaction Category byits
1
|
Daily Balance Method
including current promotional
balances, such as Balance Transfers.
daily periodic rate. We do this for each day in the billing period, his
d ives us the interest chargesfor each Transaction Category. To geta
ransactions) : lowWeWestartFigurewiththetheDailybeginning
Balance for Each Transaction Category
balance for each day. The beginning
aily periodic rate, we dividethe APR that appliesto the Transaction
Category by 365.
Weaddu al lithe daiy interest charges. The sumis the total
balance for the first day of the billng periods your balance on the last
h
Wear dha interest charges accrued on the previous day’s daily
day of previous bil ng
any |
,
balance and any new transactions and fees, We add any new
interest farge for the billing period.
Due to rounding or a minimum interest charge, the interest
calculation may vary from the interest charge actually assessed.
transactions or feesas of the later of the Transaction Date or the How We Include Fees
first day of the biling period in which the transaction or fee posted We add Balance Transfer Fees to the applicable Balance Transfer
to your Account.
We subtract any new credits and’ pa) Transaction Category, We add Cash Advance Fees to the applicable
We make other adjustments (inclu nose adjustments required Cash Advance Transaction Category. We add all other fees to the
inthe “Paying Interest” section). standard Purchase Transaction Category.
Paying Interest Wheninterest Charges Begin interest charges on New Purchases. New Purchases are Purchases
We begin to impose interest charges on a transaction, fee or interest that first appear on the next billing statement. Interest will continue
charge from the day we add it to the daily balance. We continue to accrue each day on Purchases that appeared on previous billing
to impose interest charges until you y the total amount you owe
ia
us, You can avoid paying interest on lurchases as described below.
However, you cannot avoid paying interest on Balance Transfers or
statements until you pay the New Balance in full and will be billed in
thenext billing cycle.
How We Apply Payments May Impact Your Grace Period
Cash Advances. you do not pay your New Balance in full each month, then, depending
How to Avold Paying interest on Purchases (“Grace Period”) onthe balance towhich weapply your payment, youmay not geta grace
If you pay the New Balance on your current billing statement by the period on new Purchases,
Payment Due Date shown onthat billing statement, we willnotimpose
OTHER IMPORTANT INFORMATION
A eee
Default You are in default if: + youfail to comply with the terms of this Agreement or any
you file bankruptcy or another insolvency proceeding is filed by you Agreement with us or an Affiliate, including failing to make a
or against you,
we have areasonable belief that you are unable or unwilling to i
required payment when due, exceedin your Account credit line or
using your Card or Accountfor anilleg; jal transaction,
tepay your obligationsto us; lFyouare in default, we may declare the entire balance of your Account
+ youdie or are legally declared incompetent or incapacitated; immediately due and payable without notice.
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 attorneys’ fees,
court or other collection costs, and fees and costs of any appeal.
Merchant Disputes lf youhave a dispute with a merchant, youmnay request a credit to your Account. if we resolve the dispute in your favor, we willissue a credit to your Account,
Youassigntous your claim for the creditedamount against the merchantand/or any thirdpparty, Atour request, youagreeto provide thisassignmentin writing,
Automatic Account
Information Updates
You may set up autornatic billing or store your Account information with
an Affilate, merchant, wallet provider, or other third party (“Permitted
Party”), If you do, you authorize us to share your Account information,
d
chan jes, which may include your biling address, you authorize us to
provi le this updated information to any such Permitted Party at our
discretion. Yournust contact the Permitted Party directly or remove your
which may include your rewards account balance, with the Permitted credit card information from the Permitted Party website if you wish to.
Party, regarding the use of your Account, if your Account information stop automatic biling or Account updates.
Our Privacy Policy We send you our Privacy Policy when you open your Account. + howwe safeguard its confidentiality and security;
Contact us or visit Discover.com if you would like a copy. Please read + when it may be shared with others; and
it carefully. tsummarizes: + howyou can limit our sharing of this information,
+ the personal information we collect;
Credit Reporting You authorize us to get information from credit reporting agencies We normally report to credit reporting agencies each month. If you
and other sources for servicing or review of your Account, collection believe that information we reported is inaccurate or incomplete,
Agency Information and any other use permitted by law, includingto consider youfor other please write us at Discover, P.O. Box 30939, Salt Lake City, UT 84130-
h
products and services, We may report the status and payment history
of your Account to credit reporting agencies and other creditors,
0939, Please include your name, address, home phone number and
Account number.
Our Communications You agree that we, our Affiliates, and agents, including service providers Authorized Parties may contact you using an automatic dialer or pre-
with You (‘Authorized Parties") may contact you, including calls, text message or tecorded voice message. If you no longer wish to be contacted on your
email, about any current or future accounts or applications, with cell phone by an automated dialer or pre-recorded voice mess: YOu
to all products you have with us at any phone number or emai ou must provide us written notice cancelling your consent at this address:
have provided to us, (i) from which you contacted us, or (il) which we Discover Bank, P.0, Box 30937, Salt Lake City, UT 84130-0937, The written
obtained and believe we can reach you at, even if your phone provider notice must include: your name, mailing address, the last four digits of
may ge you Message and data rates for calls or texts. You agree your Account number and the specific cell phone number(s) for which
that the Authorized Parties may record or monitor any calls between you would like to cancel your consentto be contacted by an automated
you and the Authorized Parties. You agree to notify us if you change or dialer or pre-recorded voice message.
discontinue using any phone number you provide. You agree that the
Unauthorized Use You must notify us immediately if: you believe someone is using your Account or a Card without
your Cardis lost or stolen; or your permission,
Cancellation of Youmay cancel your Account. You will remain responsible for any We may cancel, suspendor not renew
your Account at any time
Your Account amount you owe us under this Agreement. without notice,
Any joint Accountholder may cancel a joint Account. However,
both of you will remain responsible for paying all amounts owed,
-2-
OTHER IMPORTANT INFORMATION
_
Purchases and Cash
Advances in Foreign aeitherjouconvert
make a Purchase or Cash Advance in a foreign currency, we
it to U.S. dollars using a rate we choose. This rate will
be a government-mandated rate, a government-published
and currency in which the transaction is made. We use the rate in
effect on the conversion date for the transaction. This rate may
be different than the rate in effect on the Transaction Date for the
Currencies rate or the interbank exchange rate, depending on the country transaction.
Governing Law This Agreements governed by applicable federallaw and by Delaware law. However, in the event youdefautt and we filea lawsuit to recover funds loaned to
you, the statute of imitations of the state where the lawsuitis fled willapply, without regard to that state's conflicts of laws principles or its “borrowing statute.”
Severability Except as set forth in the “Arbitration” section, if any part of this Agreements 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, assign or 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
—
Statement of MAPR Federallaw provides important protections to members of the Armed with the credit transaction; (3) any application fee charged (other than
Forces and their dependents relating to extensions of consumer certain application fees for specified credit transactions or accounts);
credit. In general, the cost of consumer credit to a member of the and (4) any participation fee charged (other than certain participation
Armed Forces and his or her dependent may not exceed an Annual fees for a credit card account). If you would like more information
Percentage Rate of 36 percent. This ratemust include, as applicable to about whether this section applies to you, please contact us at 1-844~
the credit transaction or account: (1) the costs associated with credit DFS-4MIL (1-844-337-4645) anytime 24/7. If calling outside the U.S.,
insurance premiums; (2) fees for ancillary products soldin connection you can contact us at 1-801-451-3730.
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.{f calling outside the U.S., you can contact us at +1-801-45'-3730.
CONTACT US
Unless we tell you otherwise, you can notify us: - by phone at 1-800-347-3085 or - in writing to Discover, P.0. Box 30943, Salt Lake City, UT 84130-0943. When writing, please
include your name, address, home phone number and Account number.You must contact us within 15 days after changing your email address, mailing address or phone number.
DEFINITIONS
—
“Account” means your Discover card account. “Check” means any check we send to you to access your Account.
“Affilate” means our parent corporations, subsidiaries and affiliates, “Pricing Schedule” means the document entitled, “Pricing Schedule’ which lists the
“Authorized User” means any person you authorize to use your Account or a Card, APRs that apply to your Account and other important information.
whether you notify us or not. “Prime Rate” means the highest rate of interest listed as the U.S. Prime rate in the
“Balance Transfer” means a balance transferred from another creditor to Money Rates section of the online Wall Street Journal (www.wsj.com) on the last
your Account. business day of the month.
“Card” means any one or more Discover cards issued to you or someone else with “Purchase” means the use of your Account to purchase or lease goods or services at
your authorization, participating merchants,
“Cash Advance” means the use of your Account for: “We,” “us” and “our” referto Discover Bank, the issuer of your Card,
“You,” “your” or «
i
- obtainin, cash from participating automated teller machines, financial institutions urs” refer to you and any other person(s) who are also
or other locations; contractually liable under this Agreement.
online gambling, or to purchase lottery tickets, money orders, casino chips, foreign “Transaction Date” means the date shown on your billing statement for a transaction
Currency or similaritems,
ARBITRATION
—
to Arbitrate. in the event of a dispute between you OTHER CARDMEMBERS, OR LITIGATE IN COURT OR ARBITRATE agreement willbe followed if theres di eement between the
andusarising out of or relating to this Account or the relationships ANYCLAIMSAS AREPRESENTATIVE ORMEMBER OF ACLAS OR agreement and the AAA's procedures. if the AAA's procedures
resulting from this Account or any other dispute between you or INAPRIVATE ATTORNEY GENERAL CAPACITY, change after the Chim is filed, the proceduresin effect when the
Us, including, for example, a dispute based on a federal or state Claim was fled
Preview
System Generated Hearing Date: 9/6/2024 10:00 AM Location: Court Room 1101 Judge: Allegretti, J ohn Michael FILED 1/4/2024 2:42 AM IRIS Y. MARTINEZ CIRCUIT CLERK COOK COUNTY, IL IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS 20241100254 Discover Bank NnQ0241100254 Courtroom, 1101 25822288 Plaintiff, vs. Return Date: Salvador H Castro Defendant(s). Amount Claimed: $15,207.39 Plus Court Costs COMPLAINT NOW COMES the Plaintiff, by and through its attorneys, Blitt and Gaines, P.C., and complaining of the Defendant(s), states as follows: Count I: BREACH OF CONTRACT The Defendant(s) opened a charge account and/or line of credit with Discover Bank or its predecessor in interest on April 15, 2014, whereby Defendant(s) could charge goods and/or services to the account and/or receive cash advances. The Defendant(s) used the account, thereby agreeing to all of the terms and conditions in place at the time of such use. See attached Terms and Conditions. Defendant(s) subsequently defaulted by failing to make the minimum payment(s). After receiving all payments, debits, credits and set offs, there is now due and owing from Defendant(s) to Plaintiff the sum of $15,207.39. Due demand has been made on the Defendant(s) to pay this amount and the Defendant(s) have failed to do so. By reason of the foregoing, Plaintiff is entitled to judgment against Defendant(s) for breach of contract in the sum of $15,207.39, plus court costs. This suit has been filed within the relevant statute of limitations. Count I: ACCOUNT STATED Plaintiff repeats and re-alleges each and every allegation contained in paragraphs | through 6 of this complaint as though fully set forth at length herein. Periodic statements were sent to Defendant(s) by regular or electronic mail which set forth in detail, all debits and credits, the total balance due, the interest rate and the minimum payment. 10 Attached hereto and incorporated herein is a copy of the last periodic statement provided to Defendant prior to charge-off. 1 Defendant(s) did not object to the statement, indicate that the statement contains an error, nor indicate that it was erroneous in any respect within a reasonable period of time. 12 After receiving all payments, debits, credits and set offs, there is now due and owing from Defendant(s) to Plaintiff the sum of $15,207.39. 13 Due demand has been made on the Defendant(s) to pay this amount and the Defendant(s) have failed to do so. 14. By reason of the foregoing, Plaintiffis entitled to judgment against Defendant(s) for account stated in the sum of $15,207.39, plus court costs. 15 This suit has been filed within the relevant statute of limitations. WHEREFORE, the Plaintiff, requests judgment against Defendant(s) as follows: @ On Count [, Plaintiff requests judgment for breach of contract in the sum of $15,207.39, plus statutory post judgment interest plus costs; or (ii) On Count II, Plaintiffrequests judgment for account stated in the sum of $15,207.39, plus statutory post judgment interest plus costs; and (iii) for such other and further relief as this Court deems just and reasonable. Blitt and Gaines, P.C. Attorney at Law /s/Michael J. Wolf ARDC#:6186302 775 Corporate Woods Parkway Vernon Hills, IL 60061 (844) 762-8212 TTY: 711 pleadings2@blittandgaines.com 23084516 32887 This is an attempt to collect a debt by a debt collector and any information obtained will be used for that purpose. Discover Bank Plaintiff, SALVADOR H CASTRO Defendant(s), CREDIT CARD COLLECTION AFFIDAVIT STATE OF OHIO COUNTY OF FRANKLIN Heather Hysell, personally appeared before me, on this day and after being duly sworn, according to law, and upon my oath and states as follows: Iam a Litigation Support Coordinator for DISCOVER BANK, an FDIC insured Delaware state bank. DISCOVER BANK, as well as its wholly-owned servicing subsidiary DISCOVER PRODUCTS INC., is responsible for, among other things, interacting with Discover Card account holders to accept payments and perform other servicing activities on Discover Card accounts. This affidavit is made on the basis of my personal knowledge, as well as my review of documents held both by DISCOVER BANK and DISCOVER PRODUCTS INC., and is submitted in support of the Plaintiff's suit on account against the Cardmember(s). In my capacity as Litigation Support Coordinator, I have knowledge regarding, and access to, records regarding the Discover Card account of the above referenced Cardmember(s). These records are maintained in the ordinary course of business, and the records are updated with information on events (such as charges and payments on the account) by individuals with personal knowledge of those events or by automated processes that track such events at or near the time that the events occur. The same systems that record this information also generate periodic statements that are sent to Discover cardmember(s), and store copies of these periodic statements. In addition, these same record-keeping systems contain information about which version of DISCOVER BANK’s terms and conditions has been communicated to an account holder and accepted by an account holder. I have personally inspected the records pertaining to the account of the Cardmember(s), including the last periodic statement sent to the Cardmember(s) to ascertain the applicable terms and conditions, the balance due on said account and whether the Cardmember(s) have made payments on that balance. According to the records maintained by DISCOVER BANK and DISCOVER PRODUCTS INC. during the period of time that account statements were generated, such statements were either provided to the Cardmember(s) electronically or mailed to the Cardmember(s) at the address maintained on file during that time period. According to the records, the last known BLI_CASTRO_1723469_1.7IL vL.7IL address associated with the Cardmember(s) is/are: 6222 N HERMITAGE AVE CHICAGO, IL 60660-1117 The account is in default because the Cardmember(s) have not paid the amounts due and owing to DISCOVER BANK on the account. The business records maintained by DISCOVER BANK and DISCOVER PRODUCTS INC., and described above show that the Cardmember(s)’ account with DISCOVER BANK is governed by terms and conditions referred to as “terms level 29L.” A true and correct copy of these terms and conditions have been provided to DISCOVER BANK’s counsel in this case and is attached hereto as Exhibit A. DISCOVER BANK has access to a system of records maintained by the United States Department of Defense, which allows DISCOVER BANK to ascertain whether a particular person is engaged in active duty in any branch of the U.S. military. It is the regular practice of DISCOVER BANK to query this system with respect to any account holder prior to initiating a collection action against that account holder. DISCOVER BANK maintains records in the normal course of its business that indicate the results of that query. Based on my review of the account records applicable to Cardmember(s), to the best of my knowledge and belief the above referenced Cardmember(s) is not engaged in any of the military services of the United States. 1 IDENTIFICATION ABOUT THE CONSUMER DEBT OR ACCOUNT a. As of charge-off date: Full name of the Nature of the debt, Date the account Full name of the defendant as it Last four digits of (credit card debt, was opened or the creditor appears on the the account number payday loan, retail debt originated account installment loan, etc.) Discover Bank SALVADOR H 1298 4/15/2014 Credit Card CASTRO b. Exhibit B is a true and accurate copy of the last periodic statement sent by DISCOVER PRODUCTS INC. to the Cardmember(s), retrieved from the record-keeping system described above. Exhibit C is a true and accurate copy of information retrieved from DISCOVER PRODUCTS INC.’s record-keeping system that shows the current balance due and owing on the Cardmember(s)’ account. Exhibit C reflects the balance that includes any activity occurring on the account after the last statement (Exhibit B). BLI_CASTRO_1723469_1.7IL v1.7IL c. The most recent activity on the account prior to or after charge-off, includes: Total Amount of Date of Last Amount of Last Credits and/or (Charge-Off Baiance| Charge-off Date Payment* Payment Payments Since Charge-off Date** 15,207.39 08/31/2023 913/03 $62 i * Last payment on the account, pre- or post-charge-off. **Credits or payments made within 30 days of the signing of this affidavit may not be reflected. 4. Forarevolving credit account, Plaintiff further certifies that it has in its possession and can produce on request the most recent monthly statement recording a purchase, transaction, last payment, or balance transfer. 2. PROOF OF OWNERSHIP OR RIGHT TO SUE FOR DEBT BUYERS From (Name) To (Name) Date Assignment KX] Does not apply — Discover Bank is the charge-off creditor. 3 ADDITIONAL ACCOUNT INFORMATION AFTER CHARGE-OFF Discover Bank is seeking additional amounts after the charge-off date: LJ No* XX] Yes. IX] Post-judgment interest accruing after the entry of the judgment y Total amount of non-interest charges or fee accrued $ y Discover Bank is seeking attorney’s fees in the amount of $0 BLI_CASTRO_1723469_1.7IL vL7IL ‘o Retured payment(s) in the amount of sd Balance due and owing as of date of affidavit: $ 15,207.39 *Costs prayed for in the Complaint will not be reflected. Under penalties as provided by law under section 1-109 of the Code of Civil Procedure, the undersigned certifies that the statements set forth in this instrument are true and correct, except as to matters therein stated to be on information and belief and as to such matters the undersigned certifies as aforesaid that [s]he verily believes the same to be true. Name of Affiant ] APL 1127 18 Wu Signature of Affiant Date SUBSCRIBED TO AND SWORN TO before me this 1 day of Nov , 2023. etter ( Notary Public 8 os nt JAL gin, e, I, Joella Reid Notary Public, State of Ohio My Commission Expires: September 25, 2028 “9 i,anos 4.9, Fo" BLI_CASTRO_1723469_1.7IL vL7IL CM.TL29L.LIN.0922 DISCOVER CARDMEMBER AGREEMENT — Thank you for choosing Discover’ card, This Agreement explains the current terms and conditions of your Account. The enclosed Pricing Schedule is part of this Agreement. Please read this ‘Agreement, incliding the Pricing Schedule, carefully. Keep them for your records. Contact us if youhave any questions, We have included a “Definitions” section for your reference on page3, ACCEPTANCE OF AGREEMENT You accept this Agreement if youdo not cancel your Account within 30 days after receiving a Card. You also accept this Agreement if youor an Authorized User use the Account. You may, however, reject the “Arbitration of Disputes” section as explained in that section. CHANGES TO YOUR AGREEMENT Therates, feesand terms of this Agreement may change from time to time. We may add or delete any term to this Agreement. I required by law, we willgive youadvance written notice of the change(s) anda right to reject the change(s), We wil not charge any fee or interest charge prohibited by law. USING YOUR ACCOUNT _ Permitted Uses You may use your Account for Purchases, Balance Transfers 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 notify 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 fyour Account is a joint Account each of you agrees to be liable individually and jointly for the entire amount owed onthe Account; and + any notice we mailto an address provided by either of you for the Account will serve as notice to both of you. Checks fwe 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 a transaction for security or other reasons. We will not be liable to you if we decline to authorize a transaction or if anyone refuses your Card, Check or Account number. Credit Lines Account balance tequestimmediate : We will tell you what your Account credit line is. You must keep your below your Account creditline.If youdonot, wemay payment of the amount by which youexceedit.We or decrease your Account credit line or your Cash Advance credit line without notice, We may delay increasing your available credit by the amount of any payment that we receive for up to 10 business days, ‘may establish a lower credit line for Cash Advances, We may increase FEES (See your Pricing Schedule for Additional Fees) earn 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 will never exceed the Minimum Payment Due that was due not pay the Minimum Pe ment Due by the Payment Due Date, we will immediately prior to the date on which the fe was assessed. charge you a Late Fee, he fee is $30, if you were not charged a Late Returned Payment Fee Ifyou make a payment thats not honored by your financial institution, Otherwise, the fee is $41. This fee will never exceed the Minimum we will charge you a Returned Payment Fee even if the payment is Payment Due that was due immediately prior to the date on which honored after we re-submit it The fee is $30 if you were not charged the payment was returned tous. a Returned Payment Fee during any of the prior six billing periods, ANNUAL PERCENTAGE RATES (“APRs") (See your Pricing Schedule for the APRs that applyto your Account) — Variable APRs Your Pricing Schedule determined by adding specify to the Prime may include variable APRs, These APRs are the number of percentage points that we Rate, Variable APRs will increase or decrease R on the first day of the billing riod that begins during the same calendar month that the Prime ‘ate changes. An increase in the APR will increase your interest charges and may increase your Minimum when the Prime Rate changes. The APR change will take effect Payment Due. Your APR will never be less than zero. Penalty APR None MAKING PAYMENTS — Payment Instructions You must pay in U.S. dollars, Please do not send cash, Sending cash We credit your payments in accordance with the terms contained is not allowed. All checks must be drawn on funds on deposit in on your bil ing statement. the U.S. If you mail your payment to an address other than the address You must pay us for all amounts due on your Account. This includes designated on your bill statement, there may be a delay in charges made by Authorized Users, processing and crediting the paymentto your Account. We may refuse to accept a payment in a foreign currency. If we Ifa third party makes a payment on your Account and we return all do accept it, we will charge your Account our cost to convert it to US. dollars, orapartofsuch amount returne ‘ve ent, then we may adjust your Account for any reserve the right to defend ourselves against bang rao k We canacceptlate artial payments or payments any demand to return funds we have received, and may agree to a marked 4 rent in other restrictive endorsement compromise of the demanded amount as part of a sett! lement. without any of our rights under this Agreement, Minimum Payment Due tnethemay. E ao Ye P. the entire New Balance shown on your billing statement at any iling period you must pay at least the Minimum Payment Due Due Date shown on your biling statement. The Minimum fees 2/1/2016; interest New Balance). Boe oi that you enrolled in on or after Fees (not to exceed 4% of the Payment ‘willbe the greater of: The Minimum Payment Due may also include amounts by which you exceed . $20;0r your Account credit line, it will never exceed the New Balance. When we any past due amount plus the greater of: calculate the Minimum Payment Due, we may subtract from the New ~3% of the New Balance shown on your biling statement (excluding any Balance certain fees a to your Account during the biling period. The Interest Charges and ate Fee shown on your biling statement); or Minimum Payment Due is roun juptothe nearest dollar. ~$15, plus any of the following charges as shown on your billing statement: ©2022 Discover Bank, Member FDIC al MAKING PAYMENTS _ — How We Apply Payments Weapply payments and credits at our discretion, includingina manner most amounts you pay that exceed the Minimum Payment Due to balances with favorable or convenient or us.Inallcases, we willapply paymentsandcredits higher APRs before balanceswith lower APRs as of the date we credit your as required by applicable law. Each biling period, we will generally apply payment. INTEREST CHARGES HowWe Calculate We calculate interest charges each billing period by first figuring the How We Figure Your Total Interest Charges Interest Charges- “daily balance” for each Transaction Category, Transaction Categories include standard Purchases, standard Cash Advances and different We multiply the daily balance for each Transaction Category byits 1 | Daily Balance Method including current promotional balances, such as Balance Transfers. daily periodic rate. We do this for each day in the billing period, his d ives us the interest chargesfor each Transaction Category. To geta ransactions) : lowWeWestartFigurewiththetheDailybeginning Balance for Each Transaction Category balance for each day. The beginning aily periodic rate, we dividethe APR that appliesto the Transaction Category by 365. Weaddu al lithe daiy interest charges. The sumis the total balance for the first day of the billng periods your balance on the last h Wear dha interest charges accrued on the previous day’s daily day of previous bil ng any | , balance and any new transactions and fees, We add any new interest farge for the billing period. Due to rounding or a minimum interest charge, the interest calculation may vary from the interest charge actually assessed. transactions or feesas of the later of the Transaction Date or the How We Include Fees first day of the biling period in which the transaction or fee posted We add Balance Transfer Fees to the applicable Balance Transfer to your Account. We subtract any new credits and’ pa) Transaction Category, We add Cash Advance Fees to the applicable We make other adjustments (inclu nose adjustments required Cash Advance Transaction Category. We add all other fees to the inthe “Paying Interest” section). standard Purchase Transaction Category. Paying Interest Wheninterest Charges Begin interest charges on New Purchases. New Purchases are Purchases We begin to impose interest charges on a transaction, fee or interest that first appear on the next billing statement. Interest will continue charge from the day we add it to the daily balance. We continue to accrue each day on Purchases that appeared on previous billing to impose interest charges until you y the total amount you owe ia us, You can avoid paying interest on lurchases as described below. However, you cannot avoid paying interest on Balance Transfers or statements until you pay the New Balance in full and will be billed in thenext billing cycle. How We Apply Payments May Impact Your Grace Period Cash Advances. you do not pay your New Balance in full each month, then, depending How to Avold Paying interest on Purchases (“Grace Period”) onthe balance towhich weapply your payment, youmay not geta grace If you pay the New Balance on your current billing statement by the period on new Purchases, Payment Due Date shown onthat billing statement, we willnotimpose OTHER IMPORTANT INFORMATION A eee Default You are in default if: + youfail to comply with the terms of this Agreement or any you file bankruptcy or another insolvency proceeding is filed by you Agreement with us or an Affiliate, including failing to make a or against you, we have areasonable belief that you are unable or unwilling to i required payment when due, exceedin your Account credit line or using your Card or Accountfor anilleg; jal transaction, tepay your obligationsto us; lFyouare in default, we may declare the entire balance of your Account + youdie or are legally declared incompetent or incapacitated; immediately due and payable without notice. 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 attorneys’ fees, court or other collection costs, and fees and costs of any appeal. Merchant Disputes lf youhave a dispute with a merchant, youmnay request a credit to your Account. if we resolve the dispute in your favor, we willissue a credit to your Account, Youassigntous your claim for the creditedamount against the merchantand/or any thirdpparty, Atour request, youagreeto provide thisassignmentin writing, Automatic Account Information Updates You may set up autornatic billing or store your Account information with an Affilate, merchant, wallet provider, or other third party (“Permitted Party”), If you do, you authorize us to share your Account information, d chan jes, which may include your biling address, you authorize us to provi le this updated information to any such Permitted Party at our discretion. Yournust contact the Permitted Party directly or remove your which may include your rewards account balance, with the Permitted credit card information from the Permitted Party website if you wish to. Party, regarding the use of your Account, if your Account information stop automatic biling or Account updates. Our Privacy Policy We send you our Privacy Policy when you open your Account. + howwe safeguard its confidentiality and security; Contact us or visit Discover.com if you would like a copy. Please read + when it may be shared with others; and it carefully. tsummarizes: + howyou can limit our sharing of this information, + the personal information we collect; Credit Reporting You authorize us to get information from credit reporting agencies We normally report to credit reporting agencies each month. If you and other sources for servicing or review of your Account, collection believe that information we reported is inaccurate or incomplete, Agency Information and any other use permitted by law, includingto consider youfor other please write us at Discover, P.O. Box 30939, Salt Lake City, UT 84130- h products and services, We may report the status and payment history of your Account to credit reporting agencies and other creditors, 0939, Please include your name, address, home phone number and Account number. Our Communications You agree that we, our Affiliates, and agents, including service providers Authorized Parties may contact you using an automatic dialer or pre- with You (‘Authorized Parties") may contact you, including calls, text message or tecorded voice message. If you no longer wish to be contacted on your email, about any current or future accounts or applications, with cell phone by an automated dialer or pre-recorded voice mess: YOu to all products you have with us at any phone number or emai ou must provide us written notice cancelling your consent at this address: have provided to us, (i) from which you contacted us, or (il) which we Discover Bank, P.0, Box 30937, Salt Lake City, UT 84130-0937, The written obtained and believe we can reach you at, even if your phone provider notice must include: your name, mailing address, the last four digits of may ge you Message and data rates for calls or texts. You agree your Account number and the specific cell phone number(s) for which that the Authorized Parties may record or monitor any calls between you would like to cancel your consentto be contacted by an automated you and the Authorized Parties. You agree to notify us if you change or dialer or pre-recorded voice message. discontinue using any phone number you provide. You agree that the Unauthorized Use You must notify us immediately if: you believe someone is using your Account or a Card without your Cardis lost or stolen; or your permission, Cancellation of Youmay cancel your Account. You will remain responsible for any We may cancel, suspendor not renew your Account at any time Your Account amount you owe us under this Agreement. without notice, Any joint Accountholder may cancel a joint Account. However, both of you will remain responsible for paying all amounts owed, -2- OTHER IMPORTANT INFORMATION _ Purchases and Cash Advances in Foreign aeitherjouconvert make a Purchase or Cash Advance in a foreign currency, we it to U.S. dollars using a rate we choose. This rate will be a government-mandated rate, a government-published and currency in which the transaction is made. We use the rate in effect on the conversion date for the transaction. This rate may be different than the rate in effect on the Transaction Date for the Currencies rate or the interbank exchange rate, depending on the country transaction. Governing Law This Agreements governed by applicable federallaw and by Delaware law. However, in the event youdefautt and we filea lawsuit to recover funds loaned to you, the statute of imitations of the state where the lawsuitis fled willapply, without regard to that state's conflicts of laws principles or its “borrowing statute.” Severability Except as set forth in the “Arbitration” section, if any part of this Agreements 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, assign or 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 — Statement of MAPR Federallaw provides important protections to members of the Armed with the credit transaction; (3) any application fee charged (other than Forces and their dependents relating to extensions of consumer certain application fees for specified credit transactions or accounts); credit. In general, the cost of consumer credit to a member of the and (4) any participation fee charged (other than certain participation Armed Forces and his or her dependent may not exceed an Annual fees for a credit card account). If you would like more information Percentage Rate of 36 percent. This ratemust include, as applicable to about whether this section applies to you, please contact us at 1-844~ the credit transaction or account: (1) the costs associated with credit DFS-4MIL (1-844-337-4645) anytime 24/7. If calling outside the U.S., insurance premiums; (2) fees for ancillary products soldin connection you can contact us at 1-801-451-3730. 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.{f calling outside the U.S., you can contact us at +1-801-45'-3730. CONTACT US Unless we tell you otherwise, you can notify us: - by phone at 1-800-347-3085 or - in writing to Discover, P.0. Box 30943, Salt Lake City, UT 84130-0943. When writing, please include your name, address, home phone number and Account number.You must contact us within 15 days after changing your email address, mailing address or phone number. DEFINITIONS — “Account” means your Discover card account. “Check” means any check we send to you to access your Account. “Affilate” means our parent corporations, subsidiaries and affiliates, “Pricing Schedule” means the document entitled, “Pricing Schedule’ which lists the “Authorized User” means any person you authorize to use your Account or a Card, APRs that apply to your Account and other important information. whether you notify us or not. “Prime Rate” means the highest rate of interest listed as the U.S. Prime rate in the “Balance Transfer” means a balance transferred from another creditor to Money Rates section of the online Wall Street Journal (www.wsj.com) on the last your Account. business day of the month. “Card” means any one or more Discover cards issued to you or someone else with “Purchase” means the use of your Account to purchase or lease goods or services at your authorization, participating merchants, “Cash Advance” means the use of your Account for: “We,” “us” and “our” referto Discover Bank, the issuer of your Card, “You,” “your” or « i - obtainin, cash from participating automated teller machines, financial institutions urs” refer to you and any other person(s) who are also or other locations; contractually liable under this Agreement. online gambling, or to purchase lottery tickets, money orders, casino chips, foreign “Transaction Date” means the date shown on your billing statement for a transaction Currency or similaritems, ARBITRATION — to Arbitrate. in the event of a dispute between you OTHER CARDMEMBERS, OR LITIGATE IN COURT OR ARBITRATE agreement willbe followed if theres di eement between the andusarising out of or relating to this Account or the relationships ANYCLAIMSAS AREPRESENTATIVE ORMEMBER OF ACLAS OR agreement and the AAA's procedures. if the AAA's procedures resulting from this Account or any other dispute between you or INAPRIVATE ATTORNEY GENERAL CAPACITY, change after the Chim is filed, the proceduresin effect when the Us, including, for example, a dispute based on a federal or state Claim was fled