Preview
FILED: DELAWARE COUNTY CLERK 01/19/2024 01:02 PM INDEX NO. EF2023-486
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/19/2024
ACCOUNT NUMBER: XXXXXXXXXXXX7423
BALANCE: $20,095.31
CARDMEMBER (S): PATRICIA A SPROTT
STATE OF OHIO
COUNTY OF FRANKLIN
n o4N , personally appeared before me, on this day and after being duly sworn,
according to law, anÊupon my oath and states as follows:
I am a Litigation Support Coordinator for DISCOVERBANK, 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, maintaining account records pertaining to Discover Credit Card
accounts and interacting with Discover Credit Card Account Holder with regard to payments owed on those
accounts.
This affidavit is made on the basis of my personal knowledge and 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). DISCOVER BANK and
DISCOVER PRODUCTS INC. maintain these records in the ordinary course of its 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 through the use of his or her
Discover Card after receipt of the terms and conditions. I have personally inspected the records pertaining to
the account of the Cardmember(s), including the last periodic statement sent to the Cardmember(s) by
DISCOVER PRODUCTS INC., 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 maintained by DISCOVER BANK and DISCOVER PRODUCTS
INC., the last known address associated with the Cardmember(s) is/are:
18838 STATE HIGHWAY 28
DELHI, NY 13753
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
Cardmember(s)'
above show that the account with DISCOVER BANK is governed by terms and conditions
29K."
referred to as "terms level 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.
Exhibit B includes true and accurate copies of periodic statements retrieved from the record-keeping system
described above. After the periodic statement, dated 10/08/2023, additional payments were received and
applied to the account balance. After applying all payments, credits, and adjustments, there is now due and
owing to DISCOVER BANK the principal sum of $20,095.31.
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DISCOVER BANK has access to a system of records maintainedby 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.
I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge.
Afflant
SUBSCRIBED TO AND SWORN TO before me this day of , 2024.
Notary Public
PATRICIAGLOVER
-
NOTARYPUBUC OHIO
* EXPIRES
MY COMMISSION
05-21-28
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I, Sean Winters, an attorney-at-law of the State of Ohio who resides in the State of Ohio and
is fully acquainted with the laws of the State of Ohio pertaining to the acknowledgment or proof of
deeds of real property to be recorded therein, do hereby certify that I am duly qualified to make this
Certificate of Conformity pursuant to 299-a of the Real Property Law of the State of New York and
hereby certify that the acknowledgment or proof upon the foregoing document in the above
referenced matter notarized by Patricia Glover a Notary Public in the State of Ohio, in the manner
prescribed by the laws of the State of Ohio and conforms to the laws thereof in all respects.
8th
IN WITNESS WHEREOF, I have set my hand and affixed my seal to this document, this
day of January 2024.
Sean Winters
(Ohio Supreme C . 0 84612)
Attorney at Law, tate of Ohio
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EXHIBIT A
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CM.TL 29K.LIN.0922
DISCOVER®
CARDMEMBER AGREEMENT
Discover'
Thank you for choosing card. ThisAgreement explainsthe current terms and conditions of your Account. The enclosed Pricing Schedule is part of this Agreement. Pleaseread
thisAgreement,includingthe PricingSchedule,carefully.Keepthemfor yourrecords.Contactusifyouhaveany questions.Wehaveincludeda "Definitions"sectionfor yourreference on page3.
ACCEPTANCE OF AGREEMENT
You accept this Agreement if you do not cancelyour Account within 30 daysafter receiving aCard.Youalsoacceptthis Agreement if you or anAuthorized
Disputes"
Userusethe Account.Youmay,however,reject the "Arbitrationof sectionasexplainedinthat section.
CHANGESTOYOURAGREEMENT
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 willgiveyouadvance written notice of the change(s)andaright torejectthechange(s). Wewillnot charge anyfee or interestchargeprohibitedbylaw.
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 Ifyour Account isajoint Account
. eachof youagreestobeliableindividuallyand jointly for the entire amount owedonthe Account; and
.anynoticewemailtoanaddress provided by either of you for the Account willserveasnotice to 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 a transaction for security or other reasons. We will not be liable to you if we decline toauthorize 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 char!e 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 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 $30, if you were not charged a Late
Returned Payment Ifyoumake a payment thatisnot honored by your financialinstitution, we Payment Fee during any of the prior six billing periods.Otherwise,the fee
Fee will charge you a Returned Payment Fee even if the payment is honored is$41.Thisfeewillnever exceed the Minimum Payment Duethat was due
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 was returned to us
ANNUAL PERCENTAGE RATES ("APRs") (See your Pricing Schedule for the APRs that apply to your Account)
Variable APRs Your Pricing Schedule may include variable APRs. These APRs are on the first day 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
specif y 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 chang e will take effect Payment Due. Your APRwill never be less than zero.
Penalty APR None
MAKING PAYMENTS
Payment Instructions . You must pay in U.S.dollars.Pleasedo not send cash. Sending cashis not .Wecredit your paymentsin accordancewith the terms contained on your
allowed.Allchecksmustbedrawnonfundsondepositinthe U.S. billingstatement.
.Youmust pay usforallamountsdueonyour Account.Thisincludescharges . Ifyou mailyour payment to anaddressother thantheaddress designated
made by AuthorizedUsers. on your billingstatement, there may beadelay in processingandcrediting
" We may refusetoaccept apaymentin aforeign currency.Ifwe doacceptit, the paymentto your Account.
we willcharge your Account our cost to convert it to U.S.dollars. "If a third party makes a payment on your Account and we retum all or a
. We can accept late payments, partial payments or payments marked part of such payment, then we may adjust your Account for any amount
full"
"payment in or with any other restrictive endorsementwithout losing retumed. We reservethe right to defend ourselvesagainst any demand
any of our rightsunderthis Agreement. to return funds we have received, and may agreeto a compromise of the
demanded amount aspart of asettlement,
Minimum Payment Due You maypay the entire New Balanceshownon your billing statement at any feesfor anydebt protection productthatyouenrolledinonorafter2h/2015;
time. Each billing period you must pay at least the Minimum Payment Due InterestCharges;andLate Fees.
by the Payment Due Date shown on your billing statement. The Minimum TheMinimumPaymentDue may alsoincludeamounts by which you exceed
PaymentDuewillbe anyamount pastdue plusthegreaterof: your Account credit line. However,it will never exceed the New Balance.
.$35;or When we calculatethe MinimumPayment Due,we may subtract from the
.2%ofthe NewBalanceshownon your billingstatement; or New Balancecertain fees added to your Account during the billing period.
. $20, plus any of the following charges as shown on your billing statement TheMinimum PaymentDueisroundeduptothenearestdollar.
©2022 Discover Bank, Member FDIC
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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 generally apply amounts you pay that exceed
most favorable or convenient for us. In all cases,we will apply payments the Minimum Payment Dueto balanceswith higher APRsbefore balances
and credits asrequired by applicable law. with lower APRsasof the date we credit your payment.
INTEREST CHARGES
How We Calculate We calculateinterest charges each billing period by first figuring the "daily HowWe FigureYourTotalInterestCharges
balance"
Interest Charges- for each TransactionCategory. TransactionCategories include . WemultiplythedailybalanceforeachTransactionCategorybyitsdailyperiodic
Daily Balance Method standard Purchases,standard Cash Advances and different promotional rate.Wedothisforeachdayinthebillingperiod.Thisgivesustheinterestcharges
(including current balances,suchasBalanceTransfers. for each TransactionCategory. To get a daily periodic rate, we divide the
tran sactions) HowWe Figurethe DailyBalancefor EachTransactionCategory APRthatappliestothe TransactionCategory by 365.
. We start with the beginning balancefor each day.The beginning balance · We add up allthe dailyinterest charges.Thesum isthe total interestcharge
for the first day of the billing period is your balanceon the last day of your for the billingpenod.
. Dueto rounding or aminimum interest charge,the interestcalculationmay
previousbillingperiod.
. We add any interest charges accrued on the previousday's daily balance varyfrom the interestcharge actuallyassessed.
and any new transactionsand fees.We add any new transactionsor fees HowWeIncludeFees
asof the later of the TransactionDateor the first day of the billing period in Weadd BalanceTransferFeesto the applicableBalanceTransferTransaction
which the transactionor fee posted to your Account. Category. We add Cash Advance Fees to the applicable Cash Advance
We subtract anynew credits and payments. TransactionCategory. We add all other fees to the standard Purchase
- We make other adjustments (including those adjustments required in the
interest" TransactionCategory.
"Paying section).
Paying Interest When Interest 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 eachday on Purchasesthat appeared on previous billing statements until
impose interest charges until you pay the total amount you owe us.You you pay the New Balancein full and will be billed inthe next billing cycle.
can avoid paying interest on Purchasesasdescribed below. However,you HowWe Apply PaymentsMayImpact YourGracePeriod
cannot avoid paying interest on BalanceTransfersor CashAdvances. If you do not pay your New Balance in f ull each month, then, depending
Howto Avoid PayingIntereston Purchases("Grace Period") on 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
You are in default if: · you fail to comply with the terms of this Agreement or any Agreement
Default
. you file bankruptcy or another insolvency proceeding is 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 Card or
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 balanceof your Account
· you die 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 Ifyou havea disputewitha merchant, you may request acredit to your Account. Ifwe resolvethe dispute in your favor,we willissueacredit to your Account.
Youassigntous yourclaimfor the credited amountagainstthe merchantand/or anythird party.At our request,you agreetoprovidethisassignmentin writing.
Automatic Account You may set up automatic billing or store your Account information with changes, which may include your billing address, you authorize us to
Information Updates an Af filiate, 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. Please read · when it may be shared with others; and
it caref ully. It summarizes: . how you can limit our sharing of this information.
. the personal information we collect;
CreditReporting You authorize usto get information from credit reporting agencies and normally report to credit reporting agencies each month. If you believe
other sources for servicing or review of your Account, collection and that information we reported is inaccurate or incomplete, please write
Agency Inforrnation
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 you provide.Youagreethat the AuthorizedPartiesmay contact you using an
with You ("Authorized Parties") may contact you, including calls, text message or automaticdialeror pre-recorded voice message.Ifyounolonger wishto be
email,about anycurrent or future accountsor applications,withrespectto all contacted on your cell phone by anautomated dialeror pre-recorded voice
productsyouhave withusatany phonenumber or email(i)youhaveprovided message,you must provide uswritten notice cancellingyour consent atthis
to us,(ii) from which you contacted us,or (iii)which we obtained and believe address:DiscoverBank,P.O.Box 30937,SaltLake City, UT84130-0937.The
we can reachyou at, evenif your phone provider may charge you message written notice mustinclude:your name,mailingaddress,thelastfourdigitsof
and data ratesfor callsor texts. Youagree that the Authorized Parties may your Account number and the specific cell phone number(s)for which you
record or monitor any calls between you and the Authorized Parties.You would liketo cancelyour consent to be contacted by anautomateddialeror
agree to notify us if you change or discontinue using any phone number pre-recorded voice message.
Unauthorized Use You must notif y 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 of · 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 Ifyoumake aPurchaseor CashAdvanceinaforeign currency,we willconvert depending onthe country andcurrencyin whichthetransactionismade.We
Advances in Foreign it to U.S.dollarsusingarate we choose.Thisratewill either be a government- usethe ratein effect onthe conversiondateforthe transaction.Thisratemay
Currencies mandatedrate,agovernment-publishedrateor theinterbankexchangerate, bedifferentthantheratein effect onthe TransactionDateforthetransaction.
Governing Law ThisAgreementisgoverned by applicablefederal lawand by Delawarelaw.However,inthe event you default and we file alawsuitto recoverfunds loanedto
statute."
you, the statute of limitationsof the state where the lawsuitisfiled will apply,withoutregardtothat state'sconflicts of lawsprinciplesor its "borrowing
"Arbitration"
Severability Except as set forth in the section, if any part of this Agreement is found to beinvalid, 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 Federal law provides important protections to members of the Armed (3) any application fee charged (other than certain application fees for
Forces and their dependents relating to extensions of consumer credit. specified credit transactions or accounts); and (4) any participation fee
Ingeneral,the cost of consumer credittoamemberof the Armed Forces charged (other than certain participation fees for a credit card account).
and hisor her dependent may not exceed an Annual Percentage Rateof If you would like more information about whether this section applies
36 percent. Thisrate must include, asapplicable to the credit transaction to you, please contact us at 1-844-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 ancillary products sold in connection with the credittransaction;
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.
CONTACT US
Unless we tell you otherwise, you can notif y us: . by phone at 1-800-347-3085 or . in writing to Discover, P.O.Box 30943, Salt Lake 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"
meansyour Discovercardaccount. meansany check we sendto youto accessyour Account.
"Affiliate" meansour parent
corporations,subsidiariesandaffiliates. "PricingSchedule"meansthedocumententitled "PricingSchedule','whichliststhe APRsthat
User"
"Authorized meansany personyou authorizeto useyour Account or a Card,whether you apply toyour Account and other important information.
Rate"
notify us or not. "prime meansthe highest rateof interest listedasthe U.S.Primerateinthe MoneyRates
Transfer" section of the online WallStreetJournal(www.ws).com)on the lastbusinessday ofthemonth.
"Balance meansa balancetransferred from another creditor to your Account.
"Card" "Purchase"
means any one or more Discovercardsissuedto you or someone elsewith your meansthe useof your Account to purchaseor leasegoodsorservicesat
authorization. participatingmerchants.
Advance" "We," "our"
"Cash meansthe useof your Account for: "us"and refer to DiscoverBank,theissuer of your Card.
"You,""your" "yours" referto
. obtaining cashfrom participatingautomated teller machines,financialinstitutionsor other or you and any other person(s)who arealsocontractuallyliable
locations; and under thisAgreement.
Date"
· online gambling, or to purchase lottery tickets, moneyorders,casinochips, foreign currency "Transaction meansthedateshown on your billingstatementfor atransactionor fee.
or similar items.
ARBITRATION
Agreement to Arbitrate. In the event of a dispute between whether you are covered by the MilitaryLending Act, please YourandOurRightToGoToSmallClaimsCourt.Youandwe will
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 arbitrate any individualClaimyou or we bring in
relationships resultingfrom this Account or any other dispute callingfrom outsidethe USat +1-801-451-3730. smallclaimscourt (or an equivalentcourt).Thismeansyou or
between you or us,including,for example,a disputebasedon we maybring an action in smallclaimscourt (or an equivalent
afederal or statestatuteor localordinance("Claim"),eitheryou CLASSACTIONWAlVER. ARBITRATIONMUSTBE ON AN court) without being subjectto arbitration.However,'da Claim
or we may chooseto resolvethe Claim by bindin arbitration, INDIVlDUALBASIS.THISMEANSNEITHER YOUNORWE MAY istransferred,removed,or appealedfrom smallclaimscourt to
asdesenbed below,1nsteadof incourt. Any Claim exceptfor a JOIN OR CONSOLIDATECLAIMS IN ARBITRATION BY OR a ddferent court, or if any Claimbrought in smallclaimscourt
Claimchallenging the validityor enforceabil oft sarbitration AGAINSTOTHERCARDMEMBERS, ORLITlGATEINCOURTOR exceeds the small claims court limit, you or we may then
agreement,including the ClassActionWaive beresolved ARBITRATE ANYCLAlMSASA REPRESENTATIVE ORMEMBER chooseto arbitrate.
by binding arbitrationif either party requests . THISMEANSIF OFACLASSORINAPRIVATE ATTORNEY GENERAL CAPACITY.
EITHERYOUORWECHOOSEARBITRATION, NEITHER PARTY Governin Law and Rules. This arbitration a reement is
WILL HAVETHERIGHTTO LITIGATESUCHCLAIMINCOURT FAA"
The arbitrator may award injunctive relief only in favor of 9overne b the FederalArbitrationAct Arbitration
ORTO HAVEA JURYTRIAL ALSODISCOVERY ANDAPPEAL must proceed only with the AmericanAr kratio Association
RIGHTSARELIMITEDINARBITRATION the individual pa seeking relief and only to the extent rÓA"
ess y t ro reliefwarra d b at pa 's ndividual The r9uementrthe rbitration I b those I th
Evenif all artieshaveopted to litigatea Claimin court ou or
we may e ect arbkrationwith respectto any Claimma e by a the rulesin t is arbitrationagreementwill be followed if there
public injunctiverelief. l, a court decides that applicablelaw
new party or any new Claimslaterassertedi that lawsuit' is disa reement between the agreement and the AAA's
precludes enforcement of an of this paragraph'slimitations
Proce ures. If the AAAs procedureschangeafter the Claim
asto a particularClaimfor relie then after alla pealsfrom that
Thisarbitration a reement does not apply if, on the date you decisionhavebeen exhausted,that Claim an onlythat Claim) 1sfiled, the procedures in effect when the Claim was filed
submit your App Icationor on the date we seekto invokethis must be severedfrom the arbitrationan ma be brought in willapply.
arbitration a reement,you areamember of the Armed Forces court. Only a court, and not an arbitrator,sha determine the
or a depen ent of such a member covered by the federal validity,scope,andeffect of the ClassActionWaiver.
MilitaryLending Act. If you would likemore informationabout
-3-
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ARBITRATION
Fora copy of the AAA'sprocedures,to file a Claimor for other was genuinelyin dispute,then either you or we may chooseto their officers, directors and employees;any third party co-
information, please contact the AAA at 1101LaurelOak Rd., appealto a new panelof three arbitrators.Theappellatepanel defendant of a Claim subject to this arbitration agreement;
Voorhees, NJ08043,www.adr.org. is completely free to accept or reject the entire originalaward and all joint Accountholders and Authorized Users of your
or anypart of it.Theappealmust be filed with the AAAnot later Account(s).
Ifthe AAA is completely unavailable,and if you andwe cannot than 30 daysafter the originalawardissues.Appealcosts will
agree on a substitute,then eitheryou or we may requestthat a be allocatedconsistentwith the AAA'sConsumerArbitration Survivalof this Agreement. Thisarbitrationagreement shall
court with jurisdictionappointasu stitute. RulesandDueProcessProtocol survive
. closingof your Account;
Feesand Costs. If you wishto begin arbitrationagainstusbut An arbkration award may be enforced (such as through a . voluntarypaymentofyourAccountor anypartof it;
you cannot afford to pay your shareof the AAA'sor arbitrator's u ment) in any court with jurisdiction.Anyfinding,award,or "any legalproceedingsto collect moneyyou owe·
costs and cannot obtain a waiverof costs from the AAA, we ment from an arbitrationof any Claimshallapply only to
t at arbitration.No finding,award,orjudgment from any other . any ruptcy by you;and
will advance those costs if ou askus in writing and are acting . anysale,assignment,or transferby usofyourAccount.
in good faith. Any request ikethis should be sentto Discover, arbitrationshallimpactthe arbitrationof anyClaim.
P.O.Box 30421,Salt Lake City, UT84130-0421.If you lose the
arbitration, the arbitrator will decide whether you must ClaimNoticeand SpecialPayment.If you havea Claim,before YouHavethe Ri ht to RejectArbitrationfor this Account.You
reimburse usfor money we advancedfor ouforthe arbitration. initiating an arbitration proceeding, ou may give us written mayrejectthe ar itrationagreementbuton if we receivefrom
Notice"
Ifyou win the arbitration,we willnot ask or reimbursementof notice of the Claim ("Claim at least 30 days before you a written notice of rejectionwithin 30 aysof your receipt
money we advanced.Additionally,ifyou winthearbitration,the initiating the arbitration proceeding. The Claim Notice must of the Card after your Account is opened.Youmust send the
arbitrator ma decide that you are entitled to be reimbursed includeyour name,address,and account number and explain noticeof rejectionto: Discover,P.O.Box30938,SaltLakeCity,UT
attorneys'
your reasona le fees and costs (if actuallypaid by in reasonabledetailthe natureof the Claimand anysupporting 84130-0938.
you . The arbitratormay alsoallocatecompensation,expenses, facts. Any Claim Notice shallbe sent to us at Discover,P.O.
an administrative fees (which include filing and hearingfees) Box 794,Deerfield,IL60015 r such other addressaswe shall Yourrejection notice must includeyour name,address,phone
to any party uponthe arbitrator'sdeterminationthatthe party s subsequentlyprovidetoyo If,andonlyif,(1)yousubmitaClaim number,Account number andpersonalsignature.Noone else
claim or counterclaimwasfiled for purposesof harassmentor Noticein accordancewth isagreement onyour own behalf
ispatently frivolous. nd not on behalfof anyother party);and (2)anarbitrator,after may sign the rejection notice for you. Your rejection notice
must not be sent with any other correspondence.Rejection
inding inyour favorin any respect on the mentsof your Claim, of arbitrationwill not affect your other rightsor res onsibilities
Hearin s and Decisions.Arbitrationhearingswill take place in issuesyou an award that (excluding any arbitratio
Preview
FILED: DELAWARE COUNTY CLERK 01/19/2024 01:02 PM INDEX NO. EF2023-486 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/19/2024 ACCOUNT NUMBER: XXXXXXXXXXXX7423 BALANCE: $20,095.31 CARDMEMBER (S): PATRICIA A SPROTT STATE OF OHIO COUNTY OF FRANKLIN n o4N , personally appeared before me, on this day and after being duly sworn, according to law, anÊupon my oath and states as follows: I am a Litigation Support Coordinator for DISCOVERBANK, 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, maintaining account records pertaining to Discover Credit Card accounts and interacting with Discover Credit Card Account Holder with regard to payments owed on those accounts. This affidavit is made on the basis of my personal knowledge and 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). DISCOVER BANK and DISCOVER PRODUCTS INC. maintain these records in the ordinary course of its 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 through the use of his or her Discover Card after receipt of the terms and conditions. I have personally inspected the records pertaining to the account of the Cardmember(s), including the last periodic statement sent to the Cardmember(s) by DISCOVER PRODUCTS INC., 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 maintained by DISCOVER BANK and DISCOVER PRODUCTS INC., the last known address associated with the Cardmember(s) is/are: 18838 STATE HIGHWAY 28 DELHI, NY 13753 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 Cardmember(s)' above show that the account with DISCOVER BANK is governed by terms and conditions 29K." referred to as "terms level 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. Exhibit B includes true and accurate copies of periodic statements retrieved from the record-keeping system described above. After the periodic statement, dated 10/08/2023, additional payments were received and applied to the account balance. After applying all payments, credits, and adjustments, there is now due and owing to DISCOVER BANK the principal sum of $20,095.31. 1 of 125 FILED: DELAWARE COUNTY CLERK 01/19/2024 01:02 PM INDEX NO. EF2023-486 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/19/2024 DISCOVER BANK has access to a system of records maintainedby 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. I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge. Afflant SUBSCRIBED TO AND SWORN TO before me this day of , 2024. Notary Public PATRICIAGLOVER - NOTARYPUBUC OHIO * EXPIRES MY COMMISSION 05-21-28 2 of 125 FILED: DELAWARE COUNTY CLERK 01/19/2024 01:02 PM INDEX NO. EF2023-486 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/19/2024 I, Sean Winters, an attorney-at-law of the State of Ohio who resides in the State of Ohio and is fully acquainted with the laws of the State of Ohio pertaining to the acknowledgment or proof of deeds of real property to be recorded therein, do hereby certify that I am duly qualified to make this Certificate of Conformity pursuant to 299-a of the Real Property Law of the State of New York and hereby certify that the acknowledgment or proof upon the foregoing document in the above referenced matter notarized by Patricia Glover a Notary Public in the State of Ohio, in the manner prescribed by the laws of the State of Ohio and conforms to the laws thereof in all respects. 8th IN WITNESS WHEREOF, I have set my hand and affixed my seal to this document, this day of January 2024. Sean Winters (Ohio Supreme C . 0 84612) Attorney at Law, tate of Ohio 3 of 125 FILED: DELAWARE COUNTY CLERK 01/19/2024 01:02 PM INDEX NO. EF2023-486 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/19/2024 EXHIBIT A 4 of 125 FILED: DELAWARE COUNTY CLERK 01/19/2024 01:02 PM INDEX NO. EF2023-486 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/19/2024 CM.TL 29K.LIN.0922 DISCOVER® CARDMEMBER AGREEMENT Discover' Thank you for choosing card. ThisAgreement explainsthe current terms and conditions of your Account. The enclosed Pricing Schedule is part of this Agreement. Pleaseread thisAgreement,includingthe PricingSchedule,carefully.Keepthemfor yourrecords.Contactusifyouhaveany questions.Wehaveincludeda "Definitions"sectionfor yourreference on page3. ACCEPTANCE OF AGREEMENT You accept this Agreement if you do not cancelyour Account within 30 daysafter receiving aCard.Youalsoacceptthis Agreement if you or anAuthorized Disputes" Userusethe Account.Youmay,however,reject the "Arbitrationof sectionasexplainedinthat section. CHANGESTOYOURAGREEMENT 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 willgiveyouadvance written notice of the change(s)andaright torejectthechange(s). Wewillnot charge anyfee or interestchargeprohibitedbylaw. 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 Ifyour Account isajoint Account . eachof youagreestobeliableindividuallyand jointly for the entire amount owedonthe Account; and .anynoticewemailtoanaddress provided by either of you for the Account willserveasnotice to 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 a transaction for security or other reasons. We will not be liable to you if we decline toauthorize 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 char!e 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 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 $30, if you were not charged a Late Returned Payment Ifyoumake a payment thatisnot honored by your financialinstitution, we Payment Fee during any of the prior six billing periods.Otherwise,the fee Fee will charge you a Returned Payment Fee even if the payment is honored is$41.Thisfeewillnever exceed the Minimum Payment Duethat was due 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 was returned to us ANNUAL PERCENTAGE RATES ("APRs") (See your Pricing Schedule for the APRs that apply to your Account) Variable APRs Your Pricing Schedule may include variable APRs. These APRs are on the first day 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 specif y 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 chang e will take effect Payment Due. Your APRwill never be less than zero. Penalty APR None MAKING PAYMENTS Payment Instructions . You must pay in U.S.dollars.Pleasedo not send cash. Sending cashis not .Wecredit your paymentsin accordancewith the terms contained on your allowed.Allchecksmustbedrawnonfundsondepositinthe U.S. billingstatement. .Youmust pay usforallamountsdueonyour Account.Thisincludescharges . Ifyou mailyour payment to anaddressother thantheaddress designated made by AuthorizedUsers. on your billingstatement, there may beadelay in processingandcrediting " We may refusetoaccept apaymentin aforeign currency.Ifwe doacceptit, the paymentto your Account. we willcharge your Account our cost to convert it to U.S.dollars. "If a third party makes a payment on your Account and we retum all or a . We can accept late payments, partial payments or payments marked part of such payment, then we may adjust your Account for any amount full" "payment in or with any other restrictive endorsementwithout losing retumed. We reservethe right to defend ourselvesagainst any demand any of our rightsunderthis Agreement. to return funds we have received, and may agreeto a compromise of the demanded amount aspart of asettlement, Minimum Payment Due You maypay the entire New Balanceshownon your billing statement at any feesfor anydebt protection productthatyouenrolledinonorafter2h/2015; time. Each billing period you must pay at least the Minimum Payment Due InterestCharges;andLate Fees. by the Payment Due Date shown on your billing statement. The Minimum TheMinimumPaymentDue may alsoincludeamounts by which you exceed PaymentDuewillbe anyamount pastdue plusthegreaterof: your Account credit line. However,it will never exceed the New Balance. .$35;or When we calculatethe MinimumPayment Due,we may subtract from the .2%ofthe NewBalanceshownon your billingstatement; or New Balancecertain fees added to your Account during the billing period. . $20, plus any of the following charges as shown on your billing statement TheMinimum PaymentDueisroundeduptothenearestdollar. ©2022 Discover Bank, Member FDIC 5 of 125 FILED: DELAWARE COUNTY CLERK 01/19/2024 01:02 PM INDEX NO. EF2023-486 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/19/2024 MAKING PAYMENTS How We Apply Payments We apply payments and credits at our discretion, including in a manner Each billing period, we will generally apply amounts you pay that exceed most favorable or convenient for us. In all cases,we will apply payments the Minimum Payment Dueto balanceswith higher APRsbefore balances and credits asrequired by applicable law. with lower APRsasof the date we credit your payment. INTEREST CHARGES How We Calculate We calculateinterest charges each billing period by first figuring the "daily HowWe FigureYourTotalInterestCharges balance" Interest Charges- for each TransactionCategory. TransactionCategories include . WemultiplythedailybalanceforeachTransactionCategorybyitsdailyperiodic Daily Balance Method standard Purchases,standard Cash Advances and different promotional rate.Wedothisforeachdayinthebillingperiod.Thisgivesustheinterestcharges (including current balances,suchasBalanceTransfers. for each TransactionCategory. To get a daily periodic rate, we divide the tran sactions) HowWe Figurethe DailyBalancefor EachTransactionCategory APRthatappliestothe TransactionCategory by 365. . We start with the beginning balancefor each day.The beginning balance · We add up allthe dailyinterest charges.Thesum isthe total interestcharge for the first day of the billing period is your balanceon the last day of your for the billingpenod. . Dueto rounding or aminimum interest charge,the interestcalculationmay previousbillingperiod. . We add any interest charges accrued on the previousday's daily balance varyfrom the interestcharge actuallyassessed. and any new transactionsand fees.We add any new transactionsor fees HowWeIncludeFees asof the later of the TransactionDateor the first day of the billing period in Weadd BalanceTransferFeesto the applicableBalanceTransferTransaction which the transactionor fee posted to your Account. Category. We add Cash Advance Fees to the applicable Cash Advance We subtract anynew credits and payments. TransactionCategory. We add all other fees to the standard Purchase - We make other adjustments (including those adjustments required in the interest" TransactionCategory. "Paying section). Paying Interest When Interest 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 eachday on Purchasesthat appeared on previous billing statements until impose interest charges until you pay the total amount you owe us.You you pay the New Balancein full and will be billed inthe next billing cycle. can avoid paying interest on Purchasesasdescribed below. However,you HowWe Apply PaymentsMayImpact YourGracePeriod cannot avoid paying interest on BalanceTransfersor CashAdvances. If you do not pay your New Balance in f ull each month, then, depending Howto Avoid PayingIntereston Purchases("Grace Period") on 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 You are in default if: · you fail to comply with the terms of this Agreement or any Agreement Default . you file bankruptcy or another insolvency proceeding is 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 Card or 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 balanceof your Account · you die 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 Ifyou havea disputewitha merchant, you may request acredit to your Account. Ifwe resolvethe dispute in your favor,we willissueacredit to your Account. Youassigntous yourclaimfor the credited amountagainstthe merchantand/or anythird party.At our request,you agreetoprovidethisassignmentin writing. Automatic Account You may set up automatic billing or store your Account information with changes, which may include your billing address, you authorize us to Information Updates an Af filiate, 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. Please read · when it may be shared with others; and it caref ully. It summarizes: . how you can limit our sharing of this information. . the personal information we collect; CreditReporting You authorize usto get information from credit reporting agencies and normally report to credit reporting agencies each month. If you believe other sources for servicing or review of your Account, collection and that information we reported is inaccurate or incomplete, please write Agency Inforrnation 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 you provide.Youagreethat the AuthorizedPartiesmay contact you using an with You ("Authorized Parties") may contact you, including calls, text message or automaticdialeror pre-recorded voice message.Ifyounolonger wishto be email,about anycurrent or future accountsor applications,withrespectto all contacted on your cell phone by anautomated dialeror pre-recorded voice productsyouhave withusatany phonenumber or email(i)youhaveprovided message,you must provide uswritten notice cancellingyour consent atthis to us,(ii) from which you contacted us,or (iii)which we obtained and believe address:DiscoverBank,P.O.Box 30937,SaltLake City, UT84130-0937.The we can reachyou at, evenif your phone provider may charge you message written notice mustinclude:your name,mailingaddress,thelastfourdigitsof and data ratesfor callsor texts. Youagree that the Authorized Parties may your Account number and the specific cell phone number(s)for which you record or monitor any calls between you and the Authorized Parties.You would liketo cancelyour consent to be contacted by anautomateddialeror agree to notify us if you change or discontinue using any phone number pre-recorded voice message. Unauthorized Use You must notif y us immediately if: · you believe someone is using your Account or a Card without your · your Card is lost or stolen; or permission. 6 of 125 FILED: DELAWARE COUNTY CLERK 01/19/2024 01:02 PM INDEX NO. EF2023-486 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/19/2024 Cancellation of · 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 Ifyoumake aPurchaseor CashAdvanceinaforeign currency,we willconvert depending onthe country andcurrencyin whichthetransactionismade.We Advances in Foreign it to U.S.dollarsusingarate we choose.Thisratewill either be a government- usethe ratein effect onthe conversiondateforthe transaction.Thisratemay Currencies mandatedrate,agovernment-publishedrateor theinterbankexchangerate, bedifferentthantheratein effect onthe TransactionDateforthetransaction. Governing Law ThisAgreementisgoverned by applicablefederal lawand by Delawarelaw.However,inthe event you default and we file alawsuitto recoverfunds loanedto statute." you, the statute of limitationsof the state where the lawsuitisfiled will apply,withoutregardtothat state'sconflicts of lawsprinciplesor its "borrowing "Arbitration" Severability Except as set forth in the section, if any part of this Agreement is found to beinvalid, 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 Federal law provides important protections to members of the Armed (3) any application fee charged (other than certain application fees for Forces and their dependents relating to extensions of consumer credit. specified credit transactions or accounts); and (4) any participation fee Ingeneral,the cost of consumer credittoamemberof the Armed Forces charged (other than certain participation fees for a credit card account). and hisor her dependent may not exceed an Annual Percentage Rateof If you would like more information about whether this section applies 36 percent. Thisrate must include, asapplicable to the credit transaction to you, please contact us at 1-844-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 ancillary products sold in connection with the credittransaction; 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. CONTACT US Unless we tell you otherwise, you can notif y us: . by phone at 1-800-347-3085 or . in writing to Discover, P.O.Box 30943, Salt Lake 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" meansyour Discovercardaccount. meansany check we sendto youto accessyour Account. "Affiliate" meansour parent corporations,subsidiariesandaffiliates. "PricingSchedule"meansthedocumententitled "PricingSchedule','whichliststhe APRsthat User" "Authorized meansany personyou authorizeto useyour Account or a Card,whether you apply toyour Account and other important information. Rate" notify us or not. "prime meansthe highest rateof interest listedasthe U.S.Primerateinthe MoneyRates Transfer" section of the online WallStreetJournal(www.ws).com)on the lastbusinessday ofthemonth. "Balance meansa balancetransferred from another creditor to your Account. "Card" "Purchase" means any one or more Discovercardsissuedto you or someone elsewith your meansthe useof your Account to purchaseor leasegoodsorservicesat authorization. participatingmerchants. Advance" "We," "our" "Cash meansthe useof your Account for: "us"and refer to DiscoverBank,theissuer of your Card. "You,""your" "yours" referto . obtaining cashfrom participatingautomated teller machines,financialinstitutionsor other or you and any other person(s)who arealsocontractuallyliable locations; and under thisAgreement. Date" · online gambling, or to purchase lottery tickets, moneyorders,casinochips, foreign currency "Transaction meansthedateshown on your billingstatementfor atransactionor fee. or similar items. ARBITRATION Agreement to Arbitrate. In the event of a dispute between whether you are covered by the MilitaryLending Act, please YourandOurRightToGoToSmallClaimsCourt.Youandwe will 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 arbitrate any individualClaimyou or we bring in relationships resultingfrom this Account or any other dispute callingfrom outsidethe USat +1-801-451-3730. smallclaimscourt (or an equivalentcourt).Thismeansyou or between you or us,including,for example,a disputebasedon we maybring an action in smallclaimscourt (or an equivalent afederal or statestatuteor localordinance("Claim"),eitheryou CLASSACTIONWAlVER. ARBITRATIONMUSTBE ON AN court) without being subjectto arbitration.However,'da Claim or we may chooseto resolvethe Claim by bindin arbitration, INDIVlDUALBASIS.THISMEANSNEITHER YOUNORWE MAY istransferred,removed,or appealedfrom smallclaimscourt to asdesenbed below,1nsteadof incourt. Any Claim exceptfor a JOIN OR CONSOLIDATECLAIMS IN ARBITRATION BY OR a ddferent court, or if any Claimbrought in smallclaimscourt Claimchallenging the validityor enforceabil oft sarbitration AGAINSTOTHERCARDMEMBERS, ORLITlGATEINCOURTOR exceeds the small claims court limit, you or we may then agreement,including the ClassActionWaive beresolved ARBITRATE ANYCLAlMSASA REPRESENTATIVE ORMEMBER chooseto arbitrate. by binding arbitrationif either party requests . THISMEANSIF OFACLASSORINAPRIVATE ATTORNEY GENERAL CAPACITY. EITHERYOUORWECHOOSEARBITRATION, NEITHER PARTY Governin Law and Rules. This arbitration a reement is WILL HAVETHERIGHTTO LITIGATESUCHCLAIMINCOURT FAA" The arbitrator may award injunctive relief only in favor of 9overne b the FederalArbitrationAct Arbitration ORTO HAVEA JURYTRIAL ALSODISCOVERY ANDAPPEAL must proceed only with the AmericanAr kratio Association RIGHTSARELIMITEDINARBITRATION the individual pa seeking relief and only to the extent rÓA" ess y t ro reliefwarra d b at pa 's ndividual The r9uementrthe rbitration I b those I th Evenif all artieshaveopted to litigatea Claimin court ou or we may e ect arbkrationwith respectto any Claimma e by a the rulesin t is arbitrationagreementwill be followed if there public injunctiverelief. l, a court decides that applicablelaw new party or any new Claimslaterassertedi that lawsuit' is disa reement between the agreement and the AAA's precludes enforcement of an of this paragraph'slimitations Proce ures. If the AAAs procedureschangeafter the Claim asto a particularClaimfor relie then after alla pealsfrom that Thisarbitration a reement does not apply if, on the date you decisionhavebeen exhausted,that Claim an onlythat Claim) 1sfiled, the procedures in effect when the Claim was filed submit your App Icationor on the date we seekto invokethis must be severedfrom the arbitrationan ma be brought in willapply. arbitration a reement,you areamember of the Armed Forces court. Only a court, and not an arbitrator,sha determine the or a depen ent of such a member covered by the federal validity,scope,andeffect of the ClassActionWaiver. MilitaryLending Act. If you would likemore informationabout -3- 7 of 125 FILED: DELAWARE COUNTY CLERK 01/19/2024 01:02 PM INDEX NO. EF2023-486 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/19/2024 ARBITRATION Fora copy of the AAA'sprocedures,to file a Claimor for other was genuinelyin dispute,then either you or we may chooseto their officers, directors and employees;any third party co- information, please contact the AAA at 1101LaurelOak Rd., appealto a new panelof three arbitrators.Theappellatepanel defendant of a Claim subject to this arbitration agreement; Voorhees, NJ08043,www.adr.org. is completely free to accept or reject the entire originalaward and all joint Accountholders and Authorized Users of your or anypart of it.Theappealmust be filed with the AAAnot later Account(s). Ifthe AAA is completely unavailable,and if you andwe cannot than 30 daysafter the originalawardissues.Appealcosts will agree on a substitute,then eitheryou or we may requestthat a be allocatedconsistentwith the AAA'sConsumerArbitration Survivalof this Agreement. Thisarbitrationagreement shall court with jurisdictionappointasu stitute. RulesandDueProcessProtocol survive . closingof your Account; Feesand Costs. If you wishto begin arbitrationagainstusbut An arbkration award may be enforced (such as through a . voluntarypaymentofyourAccountor anypartof it; you cannot afford to pay your shareof the AAA'sor arbitrator's u ment) in any court with jurisdiction.Anyfinding,award,or "any legalproceedingsto collect moneyyou owe· costs and cannot obtain a waiverof costs from the AAA, we ment from an arbitrationof any Claimshallapply only to t at arbitration.No finding,award,orjudgment from any other . any ruptcy by you;and will advance those costs if ou askus in writing and are acting . anysale,assignment,or transferby usofyourAccount. in good faith. Any request ikethis should be sentto Discover, arbitrationshallimpactthe arbitrationof anyClaim. P.O.Box 30421,Salt Lake City, UT84130-0421.If you lose the arbitration, the arbitrator will decide whether you must ClaimNoticeand SpecialPayment.If you havea Claim,before YouHavethe Ri ht to RejectArbitrationfor this Account.You reimburse usfor money we advancedfor ouforthe arbitration. initiating an arbitration proceeding, ou may give us written mayrejectthe ar itrationagreementbuton if we receivefrom Notice" Ifyou win the arbitration,we willnot ask or reimbursementof notice of the Claim ("Claim at least 30 days before you a written notice of rejectionwithin 30 aysof your receipt money we advanced.Additionally,ifyou winthearbitration,the initiating the arbitration proceeding. The Claim Notice must of the Card after your Account is opened.Youmust send the arbitrator ma decide that you are entitled to be reimbursed includeyour name,address,and account number and explain noticeof rejectionto: Discover,P.O.Box30938,SaltLakeCity,UT attorneys' your reasona le fees and costs (if actuallypaid by in reasonabledetailthe natureof the Claimand anysupporting 84130-0938. you . The arbitratormay alsoallocatecompensation,expenses, facts. Any Claim Notice shallbe sent to us at Discover,P.O. an administrative fees (which include filing and hearingfees) Box 794,Deerfield,IL60015 r such other addressaswe shall Yourrejection notice must includeyour name,address,phone to any party uponthe arbitrator'sdeterminationthatthe party s subsequentlyprovidetoyo If,andonlyif,(1)yousubmitaClaim number,Account number andpersonalsignature.Noone else claim or counterclaimwasfiled for purposesof harassmentor Noticein accordancewth isagreement onyour own behalf ispatently frivolous. nd not on behalfof anyother party);and (2)anarbitrator,after may sign the rejection notice for you. Your rejection notice must not be sent with any other correspondence.Rejection inding inyour favorin any respect on the mentsof your Claim, of arbitrationwill not affect your other rightsor res onsibilities Hearin s and Decisions.Arbitrationhearingswill take place in issuesyou an award that (excluding any arbitratio