Preview
FILED: OSWEGO COUNTY CLERK 02/01/2024 10:09 AM INDEX NO. EFC-2023-1407
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 02/01/2024
/ P"A New York State Unified Court System nycourts.qov
O
UCS-CCR3 (05/2022)
Affidavit of Facts
Page 1 of 3
by Original Creditor nycourthelp.qov
The undersigned, being duly sworn, deposes and says:
1. I, CA \ , [Affiant name] am a/an [ ® employee O officer
O member] of DISCOVER BANK [place of employment/servicing]
("Servicer"), servicer for DISCOVER BANK [Original Creditor name]
("Plaintiff"), and I have access to Plaintiff's books and records ("Business Records"), including
electronic records, relating to the account ("Account") of TRAVIS C RUDD [Defendant name]
("Defendant"). The last four digits of the Account number are 4925. In my position, I have personal
knowledge of the procedures for creating and maintaining Plaintiff's Business Records. Plaintiff's
Business Records were made in the regular course of business, and it was the regular course of such
business to make the Business Records. The records were made at or near the time of the events
recorded. Based on my review of Plaintiff's Business Records, I have personal knowledge of the facts set
forth in this affidavit.
2. [Check this paragraph if Servicer]
E Servicer is the servicer for the Plaintiff in the underlying action. Plaintiff has authorized
Servicer to service and maintain the Business Records relating to the Account, along with
giving testimony and executing affidavits, declarations, and certifications on behalf of
Plaintiff regarding the Account.
3. Plaintiff and Defendant entered into a credit agreement ("Agreement"). Defendant agreed to
pay Plaintiff for all goods, services and cash advances provided pur u nt to the Agreement.
.®°
The amçunt of the last payment, if any, made by Defendant was $ ,made on
H\WL [date]. Defendant is now in default and demand for payment has been
made. A true and correct copy of the Agreement or document(s) evidencing the Agreement
is/are attached as an exhibit to this affidavit.
4. [Check this paragraph if seeking judgment on an account stated cause of action]
O I have personal knowledge of Plaintiff's procedures for generating and mailing account
statements to customers. It is the regular practice of Plaintiff's business to provide periodic
account statements to its customers. On or about [date], Plaintiff sent
one or more account statements relating to the Account to Defendant stating the amount
due as $ . The account statement(s) were mailed to Defendanes last
known address and Plaintiff's records do not reflect that the statement(s) were returned by
the post office or that the Defendant objected to them. A true and correct copy of the final
account statement(s) is attached as an exhibit to this affidavit.
5. [Check this paragraph if seeking judgment on a revolving consumer credit account]
O At this time, Defendant owes $ 11,169.49 on the Account. This amount includes a
charge-off balance of $ 11,169.49 , post-charge-off interest of $ 0.00 ,
post-charge-off fees and charges of $ 0.00 , less any post-charge-off credits
or payments made by or on behalf of the Defendant of $ 0.00 .
6. (Check this paragraph if seeking judgment on a non-revolving consumer credit account]
¡At this time, Defendant owes $ on the Account. As set forth in the
exhibits attached hereto and made a part hereof, this amount is broken out by (i) principal;
(ii) finance charge or charges; (iii) fees imposed by the original creditor; (iv) collection costs;
(v) attorney's fees; (vi) interest; and (vii) any other fees and charges, less any credits or
payments made by or on behalf of the Defendant of $ .
ada@nycourts.gov " 212-428-2760 interpreter@nycourts.gov " 646-386-5670
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NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 02/01/2024
UCS-CCR3 (05/2022) Page 2 of 3
1. As set forth in New York CPLR Article 50, the interest rate applicable to the Account pursuant
to section five thousand four of this chapter applies.
2. [Check if not seeking post-judgment interest]
¡ Plaintiff explicitly disclaims any right to post-judgment interest on this Account.
WHEREFORE, deponent demands judgment against Defendant for $ 11,169.49 , (plus
interest from 06/30/23 [date], if applicable), together with the costs and disbursements of
this action.
The above statements are true and correct to the best of m sonal knowledge.
Dated: 1. 1.
Affiant Signature
Jee \caela
Affiant Name
Sworn to before me this \ day
of Û(1 h ,20 C .
Notary Public
SHARON SLADER
NOTARYPUBUC - 0HIO
MY COMMISSION EXPIRES
05-31-28
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NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 02/01/2024
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 Sharon Slader 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.
12th
IN WITNESS WHEREOF, I have set my hand and affixed my seal to this document, this
day of January 2024.
Sean Winters
(Ohio Supreme Ct. 00 4612)
Attorney at Law, S te of Ohio
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NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 02/01/2024
UCS-CCR3 (05/2022) Page 3 of 3
Exhibits to be Attached to Affidavit
1. Agreement= Contract/Invoice or Charge-off Statement if revolving credit account
2. Most Recent Charge/Payment/Balance Transfer Statement
3. Additional Books and Records evidencing:
a. Defendant's Full Name
b. Balance due and last 4 digits of Account Number printed on Most Recent Monthly Statement
reflecting charge/payment/balance transfer
c. Last Payment Date and Amount
d. Charge-off/Delinquency Date and Amount
e. Post-Charge-off/Delinquency Interest and/or Fees
f. Post-Charge-off/Delinquency Credits
[Note: A Certificate of Conformity is only required for affidavits specific to real property transactions.]
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NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 02/01/2024
EXHIBIT 1
mca
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FILED: OSWEGO COUNTY CLERK 02/01/2024 10:09 AM INDEX NO. EFC-2023-1407
NYSCEF DOC. NO. 12 CM.TL29K.LIN.0922
RECEIVED NYSCEF: 02/01/2024
DISC"VER CARDMEMBER AGREEMENT
Discover.
Thank you for choosing card. This Agreement explainsthe current terms and conditions of your Account The enclosed Pricing Schedule is part of this Agreement. Pleaseread
"Definitions"
thisAgreement,including the Pricing Schedule,carefu4Keepthemforyourrecords. Contact usif youhaveanyquestions.We haveincludeda sectionforyourreferenceonpage3.
ACCEPTANCE OF AGREEMENT
You accept thisAgreementifyoudonotcancelyour Accountwithin30daysafterreceivingaCard.YoualsoacceptthisAgreementif youoranAuthorized
UserusetheAccount.Youmay,however,rejectthe"ArbitrationofDisputes"sectionasexplainedinthatsection.
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,
wewillgiveyouadvancewrittennoticeof the change(s)andarighttorejectthechange(s). Wewillnot charge any fee orinterest chargeprohibited by law.
USING YOUR ACCOUNT
Permitted Uses You may use your Accountfor Purchases, Balance Transfers and Cash Advances.You may not useitforillegaltransactions.
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 useyour Account. You are responsible for allcharges made by your Authorized Users.
Joint Accounts If your AccountisajointAccount
"each of youagreestobeliableindividuallyandjointlyfortheentireamountowedonthe Account;and
" any notice we mailtoan addressprovided byeitherof you for theAccountwillserveasnoticeto both of you.
Checks If we provide you with Checks, we will tell you whether we will treat the Check as a Purchase, Balance Transfer or Cash Advance. You may not
use these Checks to pay any amount you owe us.
Credit Authorizations We may not authorize atransaction for security or other reasons. We will not be liable to you if we decline to authorize atransaction or if anyone
refuses your Card, Check or Accountnumber.
Credit Lines We will tell you what your Account credit lineis. 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
mayrequestimmediate paymentof the amount by which you exceed credit by the amount of any payment that we receive for up to 10
it. We may establish a lower credit line for Cash Advances. We may business days.
FEES (See your Pricing Schedule for Additional Fees)
Late Fee We will not charge a Late Fee the first time you do not make the Feeduring any of theprior six billing periods.Otherwise, the fee is $4t
Minimum Payment Due by thePayment 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 bythe Payment Due Date, we will immediately prior tothe date on whichthefeewas assessed.
charge you a Late Fee. The fee is $30, if you were not charged a Late
Returned Payrnent If you makeapaymentthatis not honored by your financialinstitution, we PaymentFeeduringanyofthepriorsixbillingperiods.Otherwise, the fee
Fee will chargeyouaRetumedPaymentFeeevenif the paymentishonored is$4t Thisfee will never exceed the Minimum Payment Duethat was due
after were-submitit. The fee is $30 if you were not charged a Returned immediatelypriortothe date on which the paymentwasreturnedtous
ANNUAL PERCE NTAGE 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
specify to the Prime Rate. Variable APRs will increase or decrease will increase your interest charges and may increase your Minimum
when the Prime Rate changes. The APR change will take effect Payment Due.Your APR willnever belessthan zero.
Penalty APR None
MAKING PAYMENTS
Payment Instructions "Youmustpay in U.S.dollars.Pleasedo not send cash.Sending cash is not . We credityourpaymentsinaccordance withthe terms contained on your
allowed.Allchecksmustbedrawnonfundsondepositinthe U.S. billingstatement.
-Youmust payusfor allamounts dueonyourAccount.Thisincludescharges .lf youmail yourpaymenttoanaddressother than the addressdesignated
madebyAuthorizedUsers. onyour billingstatement,there may be a delayinprocessinganderediting
.Wemayrefusetoacceptapaymentinaforeigncurrency.lfwedoacceptit, thepaymenttoyour Account.
wewillchargeyourAccountourcosttoconvertittoU.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 endorsement without losing retumed. We reserve the right to defend ourselvesagainst any demand
anyofourrightsunderthisAgreement. toretumfunds we have received, and may agreetoa compromise of the
demanded amountas partof a settlement.
Minimum Payment Due Youmaypaythe entireNew Balanceshown on your billing statement at any fees forany debtprotectionproductthatyouenrolledinonor after 2 /2015;
tme. Each billing period you must pay at least the Minimum Payment Due InterestCharges;andLateFees.
by the Payment Due Date shown on your billing statement The Minimum TheMinimumPaymentDuemayalsoinclude amountsby which you exceed
Payment Duewill be anyamountpastdueplusthe greaterof: your Account credk line. However,it will never exceed the New Balance.
·$35;or When we calculatethe MinimumPayment Due,wemay subtract from the
-2%oftheNewBalanceshownonyourbillingstatement;or NewBalance certainfeesadded toyour Account during the billing period.
.$20,plus any of the following charges asshown on your billing statement TheMinimumPaymentDueisroundeduptothenearestdollar.
©2022 Discover Bank, Member FDIC -1-
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MAKING
NYSCEF PAYMENTS
DOC. NO. 12 RECEIVED NYSCEF: 02/01/2024
How We Apply Payrnents 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 MinimumPayment Duetobalances withhigher 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 "dai7 HowWeFigureYourTotalInterestCharges
balance"
Interest Charges- for each Transaction Category. Transaction Categories include . WemukiplythedailybalanceforeachTransactionCategorybyitsdailyperiodic
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
transactions) How We Figurethe DaiÈBalanceforEachTransactionCategory APRthatappliestothe TransactionCategory by365,
. We start with the . We add upallthe dailyinterest charges.Thesumis the total interest charge
beginning balancefor each day.The beginning balance
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, theinterest calculation
previousbillingperiod. may
. We add any interest charges accrued on the previousday's varyfromtheinterest charge actuallyassessed,
daily balance
and any new transactionsand fees. We add any new transactionsor fees HowWeIncludeFees
asof the laterof the TransactionDateor the first day of the billing period in WeaddBabnce TransferFeestotheapplicable BalanceTransferTransaction
which the transactionor fee posted toyour Account. Category. We add Cash Advance Fees to the applicable Cash Advance
. We subtractanynew credits and payments.
TransactionCategory. We add all other fees to the standard Purchase
. We make other adjustments
interest" (including those adjustments required in the 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 each day 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 in the 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 full each month, then, depending
How to AvoidPayingIntereston 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 failto comply with the terms of this Agreement or
Default any Agreement
. 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 reasonable belief that you are unable or unwilling to repay Account for an illegaltransaction.
your obligations to us; if you are in default, we may declare the entire balance of your Account
. you die or are legally declared incompetent or incapacitated;
immediately due and 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 attomeys'
fees, court or other collection costs, and fees and costs of any appeal.
Merchant Disputes If you haveadispute with a merchant, you may request acredit toyour Account. Ifwe resolvethe dspute inyour favor,we willissuea credit to your Account.
Youassignto usyour claimfor thecredited amountagainstthe merchant and/or anythirdparty. Atour request,youagreetoprovidethisassignmentin writing.
Automatic Account You may set upautomatic 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 carefully. It summarizes: . how you can limit our sharing of this information.
. the personal information we collect;
Credit Reporting You authorize usto get information from credit reporting agencies and normally report to credit reporting agencies each month. If you believe
Information other sources for servicing or review of your Account, collection and that information we reported is inaccurate or incomplete, please write
Agency
any other use permitted by law, including to consider you for other us at Discover, P.O.Box 30939, Salt Lake City, UT 84130-0939. Please
products and services. We may report the status and payment history include your name, address, home phone number and Account
of your Account to credit reporting agencies and other creditors. We number.
Our Communications You agree that we, our Affiliates, and agents, including service providers youprovide.Youagreethat the Authorized Partiesmay contact you using an
with You ("Authorized Parties") may contact you, including calls, text message or automatic dialeror pre-recorded voice message.lfyounolonger wish to be
email,about any current orfutureaccountsor applications,withrespecttoall contacted on your cell phone by an automated dialeror pre-recorded voice
productsyouhave withusatanyphonenumber oremail(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,SaltLakeCky, UT84130-0937.The
we can reachyou at, evenif your phone provider may charge you message writtennotice mustinclude:yourname, mailingaddress,thelastfour digits of
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 anautomateddialer or
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.
-2-
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NYSCEF DOC. NO. 12
Cancellationof . YoumaycancelyourAccount.Youwillremainresponsibleforany RECEIVED NYSCEF: 02/01/2024
. Wemaycancel,suspendornotrenewyourAccountatanytime
YourAccount amountyouoweusunderthisAgreement. withoutnotice.
. AnyjointAccountholdermaycancelajointAccount.However,
bothofyouwillremainresponsibleforpayingallamountsowed.
OTHER IMPORTANT INFORMATION
PurchasesandCash NyoumakeaPurchaseorCashAdvanceinaforeigncurrency,wewillconvert dependingonthecountryandcurrencyinwhichthetransactionismade.We
ktoU.S.dollarsusingaratewechoose.Thisratewilleitherbeagovernment-
AdvancesinForeign usetherateineffectontheconversiondateforthetransaction.Thisratemay
Currencies mandatedrate,agovernment-publishedrateortheinterbankexchangerate, bedifferentthantherateineffectontheTransactionDateforthetransaction.
GoverningLaw ThisAgreementisgovernedbyapplicablefederallawandbyDelawarelaw.However,lntheeventyoudefaultandwefilealawsuittorecoverfundsloanedto
you,thestatuteoflimitationsofthestatewherethelawsuitisfiledwillapp7withoutregardtothatstate'sconflictsoflawsprinciplesorits"borrowingstatute."
Severability Exceptassetforthinthe"Arbitration"section,ifanypartofthisAgreementisfoundtobeinvalid,therestofitwillstillremainineffect.
EnforcingthisAgreement WemaydelayenforcingornotenforceanyofourrightsunderthisAgreementwithoutlosingorwaivinganyofthem.
AssignmentofAccount Wemaysell,assignortransferyourAccountoranyportionofitwithoutnoticetoyou.Youmaynotsell,assignortransferyourAccountwithout
firstobtainingourpriorwrittenconsent.
MILITARY BORROWERS
StatementofMAPR FederallawprovidesimportantprotectionstomembersoftheArmed (3)anyapplicationfeecharged(otherthancertainapplicationfeesfor
Forcesandtheirdependentsrelatingtoextensionsofconsumercredit. specifiedcredittransactionsoraccounts);and(4)anyparticipationfee
Ingeneral,thecostofconsumercredittoamemberoftheArmedForces charged(otherthancertainparticipationfeesforacreditcardaccount).
andhisorberdependentmaynotexceedanAnnualPercentageRateof If youwouldlikemoreinformationaboutwhetherthissectionapplies
36percent.Thisratemustinclude,asapplicabletothecredittransaction toyou,pleasecontactusat1-844-DFS-4MIL(1-844-337-4645)anytime
oraccount·(1)thecostsassociatedwithereditinsurancepremiums;(2) 24/7.IfcallingoutsidetheU.S.youcancontactusat+1-801-451-3730.
feesforancillaryproductssoldinconnectionwiththecredittransaction;
OralDisclosures BeforeagreeingtothisAgreement,inordertohearimportantdisclosuresandpaymentinformationaboutthisAgreement,pleasecall
1-844-DFS-4MIL(1-844-337-4645)anytime24/7.IfcallingoutsidetheU.S.youcancontactusat+1-801-451-3730.
CONTACT US
Unlesswetellyouotherwise,youcannotifyus:·byphoneat1-800-347-3085or.inwritingtoDiscover,P.O.Box30943,SaltLakeCity,UT84130-0943.Whenwriting,pleaseinclude
yourname,address,homephonenumberandAccountnumber.Youmustcontactuswithin15daysafterchangingyouremailaddress,mailingaddressorphonenumber.
DEFINm0NS
"Account"meansyourDiscovercardaccount. "Check"meansanycheckwesendtoyoutoaccessyourAccount.
"Affiliate"meansourparentcorporations,subsidiariesandaffiliates. "PricingSchedule"meansthedocumententitled"PricingSchedule"whichliststheAPRsthat
"AuthorizedUser"meansanypersonyouauthorizetouseyourAccountoraCard,whetheryou applytoyourAccountandotherimportantinformation.
notifyusornot. "PrimeRate"meansthehighestrateofinterestlistedastheU.S.PrimerateintheMoneyRates
"BalanceTransfer"meansabalancetransferredfromanothercreditortoyourAccount. sectionoftheonlineWallStreetJoumal(www.ws).com)onthelastbusinessdayofthemonth.
"Card"meansanyoneormoreDiscovercardsissuedtoyouorsomeoneelsewithyour "Purchase"meanstheuseofyourAccounttopurchaseorleasegoodsorservicesat
authorization. participatingmerchants.
"CashAdvance"meanstheuseofyourAccountfor: "We""us"and"our"refertoDiscoverBank,theissuerofyourCard.
"obtainingcashfromparticipatingautomatedtellermachines,financialinstitutionsorother "You,""your"or"yours"refertoyouandanyotherperson(s)whoareaisocontractuallyliable
locations;and underthisAgreement.
·onlinegambling,ortopurchaselotterytickets,moneyorders,casinochips,foreigncurrency "TransactionDate"meansthedateshownonyourbillingstatementforatransactionorfee.
orsimilaritems.
ARBITRATION
AgreementtoArbitrate.Intheeventofadisputebetween whetheryouarecoveredbytheMilitaryLendingAct,please YourandOurRightToGoToSmallClaimsCourt.Youandwewill
youandusarising outoforrelatingtothisAccountorthe contactusat1-844-DFS-4MIL(1-844-337-4645)orifyouare notchoosetoarbitrateanyindividualClaimyouorwebringin
relationshipsresuftingfromthisAccountoranyotherdispute callingfromoutsidetheUSat+1-801-451-3730. smallclaimscourt(oranequivalentcourt).Thismeansyouor
betweenyouorus,including,forexampleadisputebasedon wemaybringanactioninsmallclaimscourt(oranequivalent
afederatorstatestatuteorlocalordinance Claim"),eitheryou CLASSACTIONWAIVER. ARBITRATIONMUST BE ON AN court)withoutbeingsubjecttoarbitration.However,ifaClaim
orwemaychoosetoresolvetheClaim bindin arbitration, INDIVIDUALBASIS.THISMEANSNEITHERYOUNORWEMAY istransferred,removed,orappealedfromsmallclaimscourtto
asdescribedbelow,insteadofincourLA laim eptfora JOIN OR CONSOLIDATECLAIMS IN ARBITRATIONBY OR adifferentcourt,orifanyClaimbroughtinsmallclaimscourt
Claimchallengingthevalidityorenforcea arbitration AGAINSTOTHERCARDMEMBERS,0RLITlGATEINCOURTORexceedsthesmallclaimscourtlimit,youor wemaythen
a reement,includingtheClassAction beresolved ARBITRATEANYCLAIMSASAREPRESENTATIVEORMEMBER choosetoarbitrate.
bindingarbitrationifeitherpartyrequests .THISMEANSlF OFACLASSORINAPRIVATEATTORNEYGENERALCAPACITY.
E HERYOUORWECHOOSEARBITRATION,NEITHERPARTY Law and Rules. This arbitration a r
Preview
FILED: OSWEGO COUNTY CLERK 02/01/2024 10:09 AM INDEX NO. EFC-2023-1407 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 02/01/2024 / P"A New York State Unified Court System nycourts.qov O UCS-CCR3 (05/2022) Affidavit of Facts Page 1 of 3 by Original Creditor nycourthelp.qov The undersigned, being duly sworn, deposes and says: 1. I, CA \ , [Affiant name] am a/an [ ® employee O officer O member] of DISCOVER BANK [place of employment/servicing] ("Servicer"), servicer for DISCOVER BANK [Original Creditor name] ("Plaintiff"), and I have access to Plaintiff's books and records ("Business Records"), including electronic records, relating to the account ("Account") of TRAVIS C RUDD [Defendant name] ("Defendant"). The last four digits of the Account number are 4925. In my position, I have personal knowledge of the procedures for creating and maintaining Plaintiff's Business Records. Plaintiff's Business Records were made in the regular course of business, and it was the regular course of such business to make the Business Records. The records were made at or near the time of the events recorded. Based on my review of Plaintiff's Business Records, I have personal knowledge of the facts set forth in this affidavit. 2. [Check this paragraph if Servicer] E Servicer is the servicer for the Plaintiff in the underlying action. Plaintiff has authorized Servicer to service and maintain the Business Records relating to the Account, along with giving testimony and executing affidavits, declarations, and certifications on behalf of Plaintiff regarding the Account. 3. Plaintiff and Defendant entered into a credit agreement ("Agreement"). Defendant agreed to pay Plaintiff for all goods, services and cash advances provided pur u nt to the Agreement. .®° The amçunt of the last payment, if any, made by Defendant was $ ,made on H\WL [date]. Defendant is now in default and demand for payment has been made. A true and correct copy of the Agreement or document(s) evidencing the Agreement is/are attached as an exhibit to this affidavit. 4. [Check this paragraph if seeking judgment on an account stated cause of action] O I have personal knowledge of Plaintiff's procedures for generating and mailing account statements to customers. It is the regular practice of Plaintiff's business to provide periodic account statements to its customers. On or about [date], Plaintiff sent one or more account statements relating to the Account to Defendant stating the amount due as $ . The account statement(s) were mailed to Defendanes last known address and Plaintiff's records do not reflect that the statement(s) were returned by the post office or that the Defendant objected to them. A true and correct copy of the final account statement(s) is attached as an exhibit to this affidavit. 5. [Check this paragraph if seeking judgment on a revolving consumer credit account] O At this time, Defendant owes $ 11,169.49 on the Account. This amount includes a charge-off balance of $ 11,169.49 , post-charge-off interest of $ 0.00 , post-charge-off fees and charges of $ 0.00 , less any post-charge-off credits or payments made by or on behalf of the Defendant of $ 0.00 . 6. (Check this paragraph if seeking judgment on a non-revolving consumer credit account] ¡At this time, Defendant owes $ on the Account. As set forth in the exhibits attached hereto and made a part hereof, this amount is broken out by (i) principal; (ii) finance charge or charges; (iii) fees imposed by the original creditor; (iv) collection costs; (v) attorney's fees; (vi) interest; and (vii) any other fees and charges, less any credits or payments made by or on behalf of the Defendant of $ . ada@nycourts.gov " 212-428-2760 interpreter@nycourts.gov " 646-386-5670 1 of 27 FILED: OSWEGO COUNTY CLERK 02/01/2024 10:09 AM INDEX NO. EFC-2023-1407 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 02/01/2024 UCS-CCR3 (05/2022) Page 2 of 3 1. As set forth in New York CPLR Article 50, the interest rate applicable to the Account pursuant to section five thousand four of this chapter applies. 2. [Check if not seeking post-judgment interest] ¡ Plaintiff explicitly disclaims any right to post-judgment interest on this Account. WHEREFORE, deponent demands judgment against Defendant for $ 11,169.49 , (plus interest from 06/30/23 [date], if applicable), together with the costs and disbursements of this action. The above statements are true and correct to the best of m sonal knowledge. Dated: 1. 1. Affiant Signature Jee \caela Affiant Name Sworn to before me this \ day of Û(1 h ,20 C . Notary Public SHARON SLADER NOTARYPUBUC - 0HIO MY COMMISSION EXPIRES 05-31-28 2 of 27 FILED: OSWEGO COUNTY CLERK 02/01/2024 10:09 AM INDEX NO. EFC-2023-1407 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 02/01/2024 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 Sharon Slader 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. 12th IN WITNESS WHEREOF, I have set my hand and affixed my seal to this document, this day of January 2024. Sean Winters (Ohio Supreme Ct. 00 4612) Attorney at Law, S te of Ohio 3 of 27 FILED: OSWEGO COUNTY CLERK 02/01/2024 10:09 AM INDEX NO. EFC-2023-1407 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 02/01/2024 UCS-CCR3 (05/2022) Page 3 of 3 Exhibits to be Attached to Affidavit 1. Agreement= Contract/Invoice or Charge-off Statement if revolving credit account 2. Most Recent Charge/Payment/Balance Transfer Statement 3. Additional Books and Records evidencing: a. Defendant's Full Name b. Balance due and last 4 digits of Account Number printed on Most Recent Monthly Statement reflecting charge/payment/balance transfer c. Last Payment Date and Amount d. Charge-off/Delinquency Date and Amount e. Post-Charge-off/Delinquency Interest and/or Fees f. Post-Charge-off/Delinquency Credits [Note: A Certificate of Conformity is only required for affidavits specific to real property transactions.] 4 of 27 FILED: OSWEGO COUNTY CLERK 02/01/2024 10:09 AM INDEX NO. EFC-2023-1407 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 02/01/2024 EXHIBIT 1 mca 5 of 27 FILED: OSWEGO COUNTY CLERK 02/01/2024 10:09 AM INDEX NO. EFC-2023-1407 NYSCEF DOC. NO. 12 CM.TL29K.LIN.0922 RECEIVED NYSCEF: 02/01/2024 DISC"VER CARDMEMBER AGREEMENT Discover. Thank you for choosing card. This Agreement explainsthe current terms and conditions of your Account The enclosed Pricing Schedule is part of this Agreement. Pleaseread "Definitions" thisAgreement,including the Pricing Schedule,carefu4Keepthemforyourrecords. Contact usif youhaveanyquestions.We haveincludeda sectionforyourreferenceonpage3. ACCEPTANCE OF AGREEMENT You accept thisAgreementifyoudonotcancelyour Accountwithin30daysafterreceivingaCard.YoualsoacceptthisAgreementif youoranAuthorized UserusetheAccount.Youmay,however,rejectthe"ArbitrationofDisputes"sectionasexplainedinthatsection. 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, wewillgiveyouadvancewrittennoticeof the change(s)andarighttorejectthechange(s). Wewillnot charge any fee orinterest chargeprohibited by law. USING YOUR ACCOUNT Permitted Uses You may use your Accountfor Purchases, Balance Transfers and Cash Advances.You may not useitforillegaltransactions. 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 useyour Account. You are responsible for allcharges made by your Authorized Users. Joint Accounts If your AccountisajointAccount "each of youagreestobeliableindividuallyandjointlyfortheentireamountowedonthe Account;and " any notice we mailtoan addressprovided byeitherof you for theAccountwillserveasnoticeto both of you. Checks If we provide you with Checks, we will tell you whether we will treat the Check as a Purchase, Balance Transfer or Cash Advance. You may not use these Checks to pay any amount you owe us. Credit Authorizations We may not authorize atransaction for security or other reasons. We will not be liable to you if we decline to authorize atransaction or if anyone refuses your Card, Check or Accountnumber. Credit Lines We will tell you what your Account credit lineis. 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 mayrequestimmediate paymentof the amount by which you exceed credit by the amount of any payment that we receive for up to 10 it. We may establish a lower credit line for Cash Advances. We may business days. FEES (See your Pricing Schedule for Additional Fees) Late Fee We will not charge a Late Fee the first time you do not make the Feeduring any of theprior six billing periods.Otherwise, the fee is $4t Minimum Payment Due by thePayment 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 bythe Payment Due Date, we will immediately prior tothe date on whichthefeewas assessed. charge you a Late Fee. The fee is $30, if you were not charged a Late Returned Payrnent If you makeapaymentthatis not honored by your financialinstitution, we PaymentFeeduringanyofthepriorsixbillingperiods.Otherwise, the fee Fee will chargeyouaRetumedPaymentFeeevenif the paymentishonored is$4t Thisfee will never exceed the Minimum Payment Duethat was due after were-submitit. The fee is $30 if you were not charged a Returned immediatelypriortothe date on which the paymentwasreturnedtous ANNUAL PERCE NTAGE 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 specify to the Prime Rate. Variable APRs will increase or decrease will increase your interest charges and may increase your Minimum when the Prime Rate changes. The APR change will take effect Payment Due.Your APR willnever belessthan zero. Penalty APR None MAKING PAYMENTS Payment Instructions "Youmustpay in U.S.dollars.Pleasedo not send cash.Sending cash is not . We credityourpaymentsinaccordance withthe terms contained on your allowed.Allchecksmustbedrawnonfundsondepositinthe U.S. billingstatement. -Youmust payusfor allamounts dueonyourAccount.Thisincludescharges .lf youmail yourpaymenttoanaddressother than the addressdesignated madebyAuthorizedUsers. onyour billingstatement,there may be a delayinprocessinganderediting .Wemayrefusetoacceptapaymentinaforeigncurrency.lfwedoacceptit, thepaymenttoyour Account. wewillchargeyourAccountourcosttoconvertittoU.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 endorsement without losing retumed. We reserve the right to defend ourselvesagainst any demand anyofourrightsunderthisAgreement. toretumfunds we have received, and may agreetoa compromise of the demanded amountas partof a settlement. Minimum Payment Due Youmaypaythe entireNew Balanceshown on your billing statement at any fees forany debtprotectionproductthatyouenrolledinonor after 2 /2015; tme. Each billing period you must pay at least the Minimum Payment Due InterestCharges;andLateFees. by the Payment Due Date shown on your billing statement The Minimum TheMinimumPaymentDuemayalsoinclude amountsby which you exceed Payment Duewill be anyamountpastdueplusthe greaterof: your Account credk line. However,it will never exceed the New Balance. ·$35;or When we calculatethe MinimumPayment Due,wemay subtract from the -2%oftheNewBalanceshownonyourbillingstatement;or NewBalance certainfeesadded toyour Account during the billing period. .$20,plus any of the following charges asshown on your billing statement TheMinimumPaymentDueisroundeduptothenearestdollar. ©2022 Discover Bank, Member FDIC -1- 6 of 27 FILED: OSWEGO COUNTY CLERK 02/01/2024 10:09 AM INDEX NO. EFC-2023-1407 MAKING NYSCEF PAYMENTS DOC. NO. 12 RECEIVED NYSCEF: 02/01/2024 How We Apply Payrnents 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 MinimumPayment Duetobalances withhigher 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 "dai7 HowWeFigureYourTotalInterestCharges balance" Interest Charges- for each Transaction Category. Transaction Categories include . WemukiplythedailybalanceforeachTransactionCategorybyitsdailyperiodic 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 transactions) How We Figurethe DaiÈBalanceforEachTransactionCategory APRthatappliestothe TransactionCategory by365, . We start with the . We add upallthe dailyinterest charges.Thesumis the total interest charge beginning balancefor each day.The beginning balance 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, theinterest calculation previousbillingperiod. may . We add any interest charges accrued on the previousday's varyfromtheinterest charge actuallyassessed, daily balance and any new transactionsand fees. We add any new transactionsor fees HowWeIncludeFees asof the laterof the TransactionDateor the first day of the billing period in WeaddBabnce TransferFeestotheapplicable BalanceTransferTransaction which the transactionor fee posted toyour Account. Category. We add Cash Advance Fees to the applicable Cash Advance . We subtractanynew credits and payments. TransactionCategory. We add all other fees to the standard Purchase . We make other adjustments interest" (including those adjustments required in the 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 each day 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 in the 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 full each month, then, depending How to AvoidPayingIntereston 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 failto comply with the terms of this Agreement or Default any Agreement . 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 reasonable belief that you are unable or unwilling to repay Account for an illegaltransaction. your obligations to us; if you are in default, we may declare the entire balance of your Account . you die or are legally declared incompetent or incapacitated; immediately due and 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 attomeys' fees, court or other collection costs, and fees and costs of any appeal. Merchant Disputes If you haveadispute with a merchant, you may request acredit toyour Account. Ifwe resolvethe dspute inyour favor,we willissuea credit to your Account. Youassignto usyour claimfor thecredited amountagainstthe merchant and/or anythirdparty. Atour request,youagreetoprovidethisassignmentin writing. Automatic Account You may set upautomatic 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 carefully. It summarizes: . how you can limit our sharing of this information. . the personal information we collect; Credit Reporting You authorize usto get information from credit reporting agencies and normally report to credit reporting agencies each month. If you believe Information other sources for servicing or review of your Account, collection and that information we reported is inaccurate or incomplete, please write Agency any other use permitted by law, including to consider you for other us at Discover, P.O.Box 30939, Salt Lake City, UT 84130-0939. Please products and services. We may report the status and payment history include your name, address, home phone number and Account of your Account to credit reporting agencies and other creditors. We number. Our Communications You agree that we, our Affiliates, and agents, including service providers youprovide.Youagreethat the Authorized Partiesmay contact you using an with You ("Authorized Parties") may contact you, including calls, text message or automatic dialeror pre-recorded voice message.lfyounolonger wish to be email,about any current orfutureaccountsor applications,withrespecttoall contacted on your cell phone by an automated dialeror pre-recorded voice productsyouhave withusatanyphonenumber oremail(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,SaltLakeCky, UT84130-0937.The we can reachyou at, evenif your phone provider may charge you message writtennotice mustinclude:yourname, mailingaddress,thelastfour digits of 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 anautomateddialer or 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. -2- 7 of 27 FILED: OSWEGO COUNTY CLERK 02/01/2024 10:09 AM INDEX NO. EFC-2023-1407 NYSCEF DOC. NO. 12 Cancellationof . YoumaycancelyourAccount.Youwillremainresponsibleforany RECEIVED NYSCEF: 02/01/2024 . Wemaycancel,suspendornotrenewyourAccountatanytime YourAccount amountyouoweusunderthisAgreement. withoutnotice. . AnyjointAccountholdermaycancelajointAccount.However, bothofyouwillremainresponsibleforpayingallamountsowed. OTHER IMPORTANT INFORMATION PurchasesandCash NyoumakeaPurchaseorCashAdvanceinaforeigncurrency,wewillconvert dependingonthecountryandcurrencyinwhichthetransactionismade.We ktoU.S.dollarsusingaratewechoose.Thisratewilleitherbeagovernment- AdvancesinForeign usetherateineffectontheconversiondateforthetransaction.Thisratemay Currencies mandatedrate,agovernment-publishedrateortheinterbankexchangerate, bedifferentthantherateineffectontheTransactionDateforthetransaction. GoverningLaw ThisAgreementisgovernedbyapplicablefederallawandbyDelawarelaw.However,lntheeventyoudefaultandwefilealawsuittorecoverfundsloanedto you,thestatuteoflimitationsofthestatewherethelawsuitisfiledwillapp7withoutregardtothatstate'sconflictsoflawsprinciplesorits"borrowingstatute." Severability Exceptassetforthinthe"Arbitration"section,ifanypartofthisAgreementisfoundtobeinvalid,therestofitwillstillremainineffect. EnforcingthisAgreement WemaydelayenforcingornotenforceanyofourrightsunderthisAgreementwithoutlosingorwaivinganyofthem. AssignmentofAccount Wemaysell,assignortransferyourAccountoranyportionofitwithoutnoticetoyou.Youmaynotsell,assignortransferyourAccountwithout firstobtainingourpriorwrittenconsent. MILITARY BORROWERS StatementofMAPR FederallawprovidesimportantprotectionstomembersoftheArmed (3)anyapplicationfeecharged(otherthancertainapplicationfeesfor Forcesandtheirdependentsrelatingtoextensionsofconsumercredit. specifiedcredittransactionsoraccounts);and(4)anyparticipationfee Ingeneral,thecostofconsumercredittoamemberoftheArmedForces charged(otherthancertainparticipationfeesforacreditcardaccount). andhisorberdependentmaynotexceedanAnnualPercentageRateof If youwouldlikemoreinformationaboutwhetherthissectionapplies 36percent.Thisratemustinclude,asapplicabletothecredittransaction toyou,pleasecontactusat1-844-DFS-4MIL(1-844-337-4645)anytime oraccount·(1)thecostsassociatedwithereditinsurancepremiums;(2) 24/7.IfcallingoutsidetheU.S.youcancontactusat+1-801-451-3730. feesforancillaryproductssoldinconnectionwiththecredittransaction; OralDisclosures BeforeagreeingtothisAgreement,inordertohearimportantdisclosuresandpaymentinformationaboutthisAgreement,pleasecall 1-844-DFS-4MIL(1-844-337-4645)anytime24/7.IfcallingoutsidetheU.S.youcancontactusat+1-801-451-3730. CONTACT US Unlesswetellyouotherwise,youcannotifyus:·byphoneat1-800-347-3085or.inwritingtoDiscover,P.O.Box30943,SaltLakeCity,UT84130-0943.Whenwriting,pleaseinclude yourname,address,homephonenumberandAccountnumber.Youmustcontactuswithin15daysafterchangingyouremailaddress,mailingaddressorphonenumber. DEFINm0NS "Account"meansyourDiscovercardaccount. "Check"meansanycheckwesendtoyoutoaccessyourAccount. "Affiliate"meansourparentcorporations,subsidiariesandaffiliates. "PricingSchedule"meansthedocumententitled"PricingSchedule"whichliststheAPRsthat "AuthorizedUser"meansanypersonyouauthorizetouseyourAccountoraCard,whetheryou applytoyourAccountandotherimportantinformation. notifyusornot. "PrimeRate"meansthehighestrateofinterestlistedastheU.S.PrimerateintheMoneyRates "BalanceTransfer"meansabalancetransferredfromanothercreditortoyourAccount. sectionoftheonlineWallStreetJoumal(www.ws).com)onthelastbusinessdayofthemonth. "Card"meansanyoneormoreDiscovercardsissuedtoyouorsomeoneelsewithyour "Purchase"meanstheuseofyourAccounttopurchaseorleasegoodsorservicesat authorization. participatingmerchants. "CashAdvance"meanstheuseofyourAccountfor: "We""us"and"our"refertoDiscoverBank,theissuerofyourCard. "obtainingcashfromparticipatingautomatedtellermachines,financialinstitutionsorother "You,""your"or"yours"refertoyouandanyotherperson(s)whoareaisocontractuallyliable locations;and underthisAgreement. ·onlinegambling,ortopurchaselotterytickets,moneyorders,casinochips,foreigncurrency "TransactionDate"meansthedateshownonyourbillingstatementforatransactionorfee. orsimilaritems. ARBITRATION AgreementtoArbitrate.Intheeventofadisputebetween whetheryouarecoveredbytheMilitaryLendingAct,please YourandOurRightToGoToSmallClaimsCourt.Youandwewill youandusarising outoforrelatingtothisAccountorthe contactusat1-844-DFS-4MIL(1-844-337-4645)orifyouare notchoosetoarbitrateanyindividualClaimyouorwebringin relationshipsresuftingfromthisAccountoranyotherdispute callingfromoutsidetheUSat+1-801-451-3730. smallclaimscourt(oranequivalentcourt).Thismeansyouor betweenyouorus,including,forexampleadisputebasedon wemaybringanactioninsmallclaimscourt(oranequivalent afederatorstatestatuteorlocalordinance Claim"),eitheryou CLASSACTIONWAIVER. ARBITRATIONMUST BE ON AN court)withoutbeingsubjecttoarbitration.However,ifaClaim orwemaychoosetoresolvetheClaim bindin arbitration, INDIVIDUALBASIS.THISMEANSNEITHERYOUNORWEMAY istransferred,removed,orappealedfromsmallclaimscourtto asdescribedbelow,insteadofincourLA laim eptfora JOIN OR CONSOLIDATECLAIMS IN ARBITRATIONBY OR adifferentcourt,orifanyClaimbroughtinsmallclaimscourt Claimchallengingthevalidityorenforcea arbitration AGAINSTOTHERCARDMEMBERS,0RLITlGATEINCOURTORexceedsthesmallclaimscourtlimit,youor wemaythen a reement,includingtheClassAction beresolved ARBITRATEANYCLAIMSASAREPRESENTATIVEORMEMBER choosetoarbitrate. bindingarbitrationifeitherpartyrequests .THISMEANSlF OFACLASSORINAPRIVATEATTORNEYGENERALCAPACITY. E HERYOUORWECHOOSEARBITRATION,NEITHERPARTY Law and Rules. This arbitration a r