Legal Document: DISCOVER BANK VS. RAMIRO MATA SR

On May 23, 2022 a Motion - Plaintiff's Motion for Summary Judgment was filed involving a dispute between Discover Bank, and Sr, Ramiro Mata, for Contract - Other Contract (OCA) in the District Court of Hidalgo County.

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Electronically Submitted
1/18/2024 3:17 PM
Hidalgo County Clerk
Accepted by: Sarah Sanchez

NO. CL-22-1869-E

DISCOVER BANK, § IN THE COUNTY COURT
Plaintiff §
§ ATLAWNO5
v. §
§ HIDALGO COUNTY, TEXAS
RAMIRO MATA SR, §
Defendant(s) §

PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

TO THE HONORABLE JUDGE OF SAID COURT:

Discover Bank, Plaintiff, moves for Summary Judgment, against Defendant(s), Ramiro

Mata Sr, respectfully showing the Court as follows:

1. This Motion is based upon the pleadings on file and the affidavits attached hereto, which

are fully incorporated herein. Attached hereto as Exhibit “A” and fully incorporated herein

is the affidavit of a duly authorized agent of Plaintiff. The client affidavit includes as an

attachment a true and correct copy of the applicable supporting account records for account

ending in 605.

2. Summary judgment procedure is governed by Rule 1 66a of the Texas Rules of Civil

Procedure, which states that the judgment sought shall be rendered forthwith if the

summary judgment evidence shows that there is no genuine issue if material fact and the

moving party is entitled to judgment as a matter of law. TRCP Rule 166a (c); State v.

Carrillo, 885 S.W.2d 212, 214 (Tex App. — San Antonio 1994, no writ).

BREACH OF CONTRACT ANALYSIS

3. Parties form a binding contract when the following elements are present: (1) offer; (2)

acceptance; (3) meeting of the minds; (4) mutual consent; and (5) execution and delivery

of the agreement. TO. Stanley Boot Co. v. Bank ofEl Paso, 847 S.W.2d 218, 221 (Tex.
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Hidalgo County Clerk
Accepted by: Sarah Sanchez

1992); see also Ghia v. American Express, 2007 Tex.app. LEXIS 8194 (Tex. App. —

Houston [14th Dist.] Oct. 11, 2007, no pet).

4. In the present case, the parties entered into an agreement where Plaintiff agreed to loan

money to Defendant, and Defendant agreed to repay Plaintiff per the terms of the

agreement. Defendant acknowledged the terms of the agreement by executing said

agreement and accepting the loan.

5. “Delivery may be proved by acts or words showing that the parties intended the contract

to become effective. When the parties manifest an intent through their actions and words

that the contract become effective, delivery is shown. In other words, when Parties

manifest an intent through their actions and words that a contract become effective, manual

delivery is immaterial to contract validity.” Duran v. Citibank (South Dakota), NA., 2008

Tex. App. LEXIS 2060 (Tex. App. Houston 1st Dist. Mar. 20, 2008) (citing Awad Tex.

Enters., Inc. v. HomartDev. Co., 589 S.W.2d 817, 8 19-820 (Tex. Civ. App. —Dallas 1979,

no writ) and Winchek, 232 S.W.3d at 204.

6. The elements for a breach of contract claim are well established: (1) the existence of a valid

contract; (2) performance or tendered performance by the plaintiff; (3) breach of the

contract by the defendant; (4) damages sustained as a result of the breach. Winchek, 232

S.W.3d at 202 (citing Prime Products, Inc. v. S.S.I. Plastics, Inc., 97 S.W.3d 631, 636 (Tex.

App. 2002, pet. denied).

7. In the present case, Plaintiff has provided proof of all elements of a breach of contract

claim through Plaintiff’s Motion, which is based upon the pleadings, the affidavit and

exhibits attached hereto:
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Hidalgo County Clerk
Accepted by: Sarah Sanchez

(a) the written agreement(s) upon which Plaintiff seeks to recover was executed by

Defendant,

(b) Defendant received valuable consideration from Plaintiff,

(d) Said written agreement(s) is in default, and Plaintiff has made demand upon

Defendant,

(e) Defendant refused to make payment pursuant to Plaintiff’s demands, and

(f) There is a total sum of$ 10,604.80 due and owing by Defendant to Plaintiff.

8. Based on the foregoing, and the exhibits attached to this motion, there is no genuine issue

of material fact, and Plaintiff is entitled to summary judgment as a matter of law on all

issues, all claims, all theories of damages, and all parties.

WHEREFORE, Discover Bank, Plaintiff, respectfully requests that this matter be set for

hearing and that after said hearing, the Court rule that there is “no genuine issue of material fact

and that the Plaintiff is entitled to judgnient as a matter of law” and that Plaintiff be granted

summary judgment against Defendant(s), Ramiro Mata Sr, for the following:

1. The amount of$ 10,604.80 as the balance due, owing and unpaid;
2. Post-judgment interest at the statutory rate.; and
3. All costs of this proceeding.
Respectfully submitted,

ZWICKER & ASSOCIATES, P.C.
A Law Firm Engaged in Debt Collection
Attorneys for Plaintiff
801 E. Old Settlers Blvd
Ste 220
Round Rock, TX 78664
ZATXATTORNEYS @ZWICKERPC.COM
(512)218-0488
(512)218-0477 (fax)
Electronically Submitted
1/18/2024 3:17 PM
Hidalgo County Clerk
Accepted by: Sarah Sanchez

BY: _______

F ] KIMBERLY NEWMAN
STATE BAR NUMBER 24051111
LAKIA N. BALDWIN
STATE BAR NUMBER 24130897
i)~ BEVERLY ROSENDAIIL
STATE BAR NUMBER 24001175
I F. BURCU YILDIZ
STATE BAR NUMBER 24133141
] KRISTEN HUFF
STATE BAR NUMBER 24034494

CERTIFICATE OF SERVICE

I hereby certify that on the ~ day of Ck’(\\~) C>~v ~\ , 2024, this office served a true and

correct copy of the foregoing in accordance with the Rule 21 a of the Texas Rules of Civil
Procedure upon the below listed interested parties via First-Class Mail
[ ] E-Service
[ ] Certified Mail Return Receipt
Requested.

RAMIRO MATA SR
2801 W MAPLE AVE
APT 120
MCALLEN, TX 78501

KIMBERLY NEWMAN
LAKIA N. BALDWIN
N BEVERLY ROSENDAIUJ
I j F. BURCU YILDIZ
I KRISTEN HUFF
Electronically Submitted
1/18/2024 3:17 PM
Hidalgo County Clerk
Accepted by: Sarah Sanchez

NO. CL-22-1869-E

DISCOVER BANK, § IN THE COUNTY COURT
Plaintiff §
§ ATLAWNO5
v. §
§ HIDALGO COUNTY, TEXAS
RAMIRO MATA SR, §
Defendant(s) §

EXHIBIT LIST FOR
PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

EXHIBIT “A”
Affidavit of Duly Authorized Agent of Plaintiff
Includes True and Correct Copy ofApplicable Supporting Account Documents
Electronically Submitted
1/18/2024 3:17 PM
Hidalgo County Clerk
Accepted by: Sarah Sanchez

“A”
EXHIBIT “A”
Affidavit of
Afﬁdavit of Duly
Duly Authorized
Authorized Agent
Agent of
of Plaintiff
Plaintiff
Electronically Submitted
1/18/2024 3:17 PM
Hidalgo County Clerk
Accepted by: Sarah Sanchez

ACCOUNT NUMBER: XXXXXXXXXXXX9605
BALANCE: $10,604.80
CARDMEMBER (S): RAMIRO MATA SR

STATE OF OHIO
COUNTY OF FRANKLIN

Sheñ George, personally appeared before me, on this day and after being duly sworn, according to law, and
upon my oath and states as follows:

I am a Litigation Support Coordinator for DISCOVER PRODUCTS INC , successor by merger to DB
SERVICING CORPORATION, the servicing affiliate of DISCOVER BANK, an FDIC insured Delaware
State Bank DISCOVER PRODUCTS INC is responsible for, among other things, maintaining account
records pertaining to Discover Card accounts and interacting with Discover Card account holders with regard
to payments owed on those accounts.

This affidavit is made on the basis of my personal knowledge and in support of the Plaintiffs suit on account
against the Cardmember(s).

In my capacity as Litigation Support Coordmator, I have knowledge regarding, and access to, records
regarding the Discover Card account of the above referenced Cardmember(s) DISCOVER PRODUCTS
INC mamtams these records in the ordmary 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 tune that the events occur The
same systems that record this mformation 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 mformation 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 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 tune period
According to the records maintained by DISCOVER PRODUCTS INC , the last known address associated
with the Cardmember(s) is/are:

2801 W MAPLE AVE
APT 120
MCALLEN, TX 78501-0000

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 PRODUCTS INC and descnbed above show that the
Cardmember(s)’ account with Discover Bank is governed by terms and conditions referred to as “terms level
28K” A true and correct copy of these terms and conditions have been provided to DISCOVER PRODUCTS
INC.’s counsel in this case and is attached hereto as Exhibit A.

ZWI_MATA SR_1451834j.5 V1.5
Septmbr 28, 2024
Electronically Submitted
1/18/2024 3:17 PM
Hidalgo County Clerk
Accepted by: Sarah Sanchez

Exhibit B is a true and accurate copy of the last peiiodic statement sent by DISCOVER PRODUCTS iNC. to
the Cardmember(s), retrieved from the record-keeping system described above.

Exhibit C is a true and accurate copy of information retrieved from DISCOVER PRODUCTS INC.’s
record-keeping system that shows the current balance due and owing on the Cardmember(s)’ account.
Exhibit C reflects the balance that includes any activity occurring on the account after the last statement
(Exhibit B).

DISCOVER PRODUCTS INC. has access to a system of records maintained by the United States Department
of Defense, which allows DISCOVER PRODUCTS iNC. 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 PRODUCTS NC. to
query this system with respect to any account holder prior to initiating a collection action against that account
holder. DISCOVER PRODUCTS INC. 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.

Affiant

SUB SC~BED TO AND SWORE TO before me this day of , 2022.

ANGELA R STERUNG
Notary Publlc, State of Ohio
My Commission £qilres

ZWI_MATA SR_1451834_1.5 V1.5
IJVI.I LZ~LS.LIN.UOII
Electronically Submitted
DISC•VER CARDMEMBER AGREEMENT 1/18/2024 3:17 PM
Hidalgo County Clerk
Accepted by: Sarah Sanchez
Thank you for choosing Discover® card. This Agreement explains the current terms and conditions of your Account. The enclosed Pricing Schedule is part of this Agreement. Please read this Agreement, includin
the Pricing Schedule, carefully. Keep them for your records. Contact us if you have any questions. We have included a “Definitions” section for your reference on page 3.
ACCEPTANCE OF AGREEMENT
You accept this Agreement if you do not cancel your Account within 30 days after receiving a Card. You also accept this Agreement if you or an Authorized User use th
Account. You may, however, reject the “Arbitration of Disputes” section as explained in that section.
CHANGES TO YOUR AGREEMENT
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 bylaw, we will give you advanc
written notice of the change(s) and a right to reject the change(s). We will not charge any fee or interest charge prohibited by law.
USING YOUR ACCOUNT
Permitted Uses You may use your Account for Purchases, Balance Transfers and Cash Advances. You may not use it for illegal transactions.
Authorized Users You may request additional Cards for Authorized Users to make transactions on your Account. You must notify. usif you wish to cancel the authority of an Authorized Use
to use your Account. You are responsible for all charges made by your Authorized Users.
Joint Accounts If your Account is a joint Account
• each of you agrees to be liable individually and jointly for the entire amount owed on the Account~ and
. any notice we mail to an address provided by either of you for the Account will serve as notice to both of you.

Checks If we pro~iide 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 an
amount you owe us.
Credit Authorizations We may not authorize a transaction for security or other reasons. We will not be liable to you if we decline to authorize a transaction or if anyone refuses your Card, Checi
or Account number.
Credit Lines We will tell you what your Account credit line is. You must keep your Account for Cash Advances. We may increase or decrease your Account credit line or you
balance below your Account credit line. If you do not, we may request immediate Cash Advance credit line without notice. We may delay increasing you~ availabh
payment of the amount by which you exceed it. We may establish a lower credit line credit by the amount of any payment that we receive for up to 10 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 Minimum Payment were not charged a Late Fee during any of the prior six billing periods. Otherwise
Due by the Payment Due Date, After that, if you do not pay the Minimum Payment the fee is $40. This fee will never exceed the Minimum Payment Due that was dw
Due by the Payment Due Date, we will charge you a Late Fee. The fee is $29, if you immediately prior to the date on which the fee was assessed.
Returned Payment Fee If you make a payment that is not honored by your financial institution, we will any of the prior six billing periods. Otherwise, the fee is $40. This fee will neve
charge you a Returned Payment Fee even if the payment is honored after we re- exceed the Minimum Payment Due that was due immediately prior to the date m
submit it, The fee is $29 if you were not charged a Returned Payment Fee during 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 determined by will take effect on the first day of the billing period that begins during the sam~
adding the number of percentage points that we specify to the Prime Rate. Variable calendar month that the Prime Rate changes. An increase in the APR will increas~
APRs will increase or decrease when the Prime Rate changes. The APR change your interest charges and may increase your Minimum Payment Due.

Penalty APR None
MAKING PAYMENTS
Payment Instructions • You must pay in U.S. dollars. Please do not send cash. Sending cash is not • We credit your payments in accordance with the terms contained on you
allowed. All checks must be drawn on funds on deposit in the U.S. billing statement.
• You must pay us for all amounts due on your Account. This includes charges made • If you mail your payment to an address other than the address designated on you
by Authorized Users. billing statement, there may be a delay in processing and crediting the paymen
• We may refuse to accept a payment in a foreign currency. If we do accept it, to your Account.
we will charge your Account our cost to convert it to U.S. dollars. • If a third party makes a payment on your Account and we return all or a part o
• We can accept late payments, partial payments or payments marked such payment, then we may adjust your Account for any amount returned. W~
“payment in full” or with any other restrictive endorsement without reserve the right to defend ourselves against any demand to return funds w~
losing any of our rights under this Agreement. have received, and may agree to a compromise of the demanded amount as par
of a settlement.
Minimum Payment Due You may pay the entire New Balance shown on your billing statement at any for any debt protection product that you enrolled in on or after 21112015; Interes
time. Each billing period you must pay at least the Minimum Payment Due by the Charges; and Late Fees.
Payment Due Date shown on your billing statement. The Minimum Payment Due The Minimum Payment Due may also include amounts by which you excee
will be any amount past due plus the greater of: your Account credit line. However, it will never exceed the New Balance. Wher
•$35;or we calculate the Minimum Payment Due, we may subtract from the New Balanc
• 2% of the New Balance shown on your billing statement; or certain fees added to your Account during the billing period. The Minimum Paymen
$20, plus any of the following charges as shown on your billing statement: fees Due is rounded up to the nearest dollar.
(e)7n?n Dkrnvpr R®nk Memh~r FflIC
MAMI’Ji~ I’I4YIVItNI~
Electronically Submitted
How We Apply Payments We apply payments and credits at our discretion, including in a manner most 1/18/2024
Each billing period,, we will generally apply amounts you 3:17 PM
pay that exceed ti
favorable or convenient for us. In all cases, we will apply payments and credits as Minimum Payment Due to balances with higher Hidalgo
APRs before County
balances with Clerk
low
Accepted by: Sarah Sanchez
required by applicable law. APRs as of the date we credit your payment.
INTEREST CHARGES
How We Calculate Interest We calculate interest charges each billing period by first figuring the “daily • We make other adjustments (including those adjustments required in the “Payir
Charges—Daily Balance balance” for each Transaction Category, Transaction Categories include standard Interest’ section),
~ current Purchases, standard Cash Advances and different promotional balances, such as How We Figure Your Total Interest Charges
Balance Transfers. • We multiply the daily balance for each Transaction Category by its daily period
How We Figure the Daily Balance for Each Transaction Category rate. We do this for each day in the billing period. This gives us the interest charg~
• We start with the beginning balance for each day. The beginning balance for for each Transaction Category. To get a daily periodic rate, we divide the APR tb
the first day of the billing period is your balance on the last day of your previous applies to the Transaction Category by 365,
billing period. • We add up all the daily interest charges. The sum is the total interest charge fi
• We add any interest charges accrued on the previous day’s daily balance and any the billing period.
new transactions and fees. We add any new transactions or fees as of the later of How We Include Fees
the Transaction Date or the first day of the billing period in which the transaction We add Balance Transfer Fees to the applicable Balance Transfer Transactic
or fee posted to your Account. Category. We add Cash Advance Fees to the applicable Cash Advance Transactic
• We subtract any new credits and payments. Category. We add all other fees to the standard Purchase Transaction Category.

Paying Interest When Interest Charges Begin New Purchases. New Purchases are Purchases that first appear on the next billin
We begin to impose interest charges on a transaction, fee or interest charge from statement. Interest will continue to accrue each day on Purchases that appeared a
the day we add it to the daily balance. We continue to impose interest charges previous billing statements until you pay the New Balance in full and will be bille
until you pay the total amount you owe us. You can avoid paying interest on in the next billing cycle.
Purchases as described below. However, you cannot avoid paying interest on How We Apply Payments May Impact Your Grace Period
Balance Transfers or Cash Advances, If you do not pay your New Balance in full each month, then, depending on th
How to Avoid Paying Interest on Purchases (“Grace Period”) balance to which we apply your payment, you may not get a grace period o
If you pay the New Balance ~n your current billing statement by the Payment Due new Purchases.
Date shown on that billing statement, we will not impose interest charges on
OTHER IMPORTANT INFORMATION
Default You are in default if: • you fail to comply with the terms of this Agreement or any Agreement with us oi
• you file bankruptcy or another insolvency proceeding is filed by you or against you; an Affiliate, including failing to make a required payment when due, exceed in~
. . . your Account credit line or using your Card or Account for an illegal transactior
• we have a reasonable belief thatyou are unable or unwilling to repay your
obligations to us; If you are in default, we may declare the entire balance of your Account immediatel
. . . due and payable without notice.
• you die or are legally declared incompetent or incapacitated;
Collection Costs If we use an attorney to collect your Account, we may charge you our legal costs as permitted bylaw. These include reasonable attorneys’ fees, court or other collection costs,
and fees and costs of any appeal.
Merchant Disputes If you have a dispute with a merchant, you may request a credit to your Account, If we resolve the dispute in your favor, we will issue a credit to your Account. You assign to u
your claim for the credited amount against the merchant andlor any third party. At our request, you agree to provide this assignment in writing.
Automatic Account You may set up automatic billing or store your Account information with an Affiliate, Account information changes, which may include your billing address, you authorize u
information Updates merchant, wallet provider, or other third party (“Permitted Party’). If you do, you to provide this updated information to any such Permitted Party at our discretion. Yo
authorize us to share your Account information, which may include your rewards must contact the Permitted Party directly or remove your credit card information fror
account balance, with the Permitted Party, regarding the use of your Account. If your the Permitted Party website if you wish to stop automatic billing or Account updates.
Our Privacy Policy We send you our Privacy Policy whe.n you open your Account and annually. • howwe safeguard its confidentiality and security;
Contact us or visit Discover.com if you would like a copy. Please read it carefully. • when it utay be shared with others; and
It summarizes:. . • how you can limit our sharing of this information.
• the personal information we collect;
Credit Reporting Agency You authedze us to get information from credib reporting agencies and other sources normally report to credit reporting agencies each month. If you believe that informatio
Information for servicing or review of your Account, collection and any other use permitted by law, we reported is inaccurate or incomplete, please write us at Discover, P.0, Box 3093~
including to consider you for other products and services. We may report the status and Salt Lake City, UT 841 30-0939. Please include your name, address, home phone numbe
payment history of your Account to credit reporting agencies and other creditors. We and Account number.
Our Communications You agree that we, our Affiliates, and agents, including service providers (“Authodzed You agree that the Authorized Parties may contact you using an automatic dialer a
with You Parties”) may contact you, including calls, text message or email, about any current or pre-recorded voice message. If you no longer wish to be contacted on your cell phon
future accounts or applications, with respect to all products you have with us at any by an automated dialer or pre-recorded voice message, you must provide us writtei
phone number or email (i) you have provided to us, (ii) from which you contacted us, notice cancelling your consent at this address: Discover Bank, P.O. Box 30937, Salt Lak
or (iii) which we obtained and believe we can reach you at, even if your phone provider City, UT 84130-0937. The written notice must include: your name, mailing address
maychargeyou messageand data rates forcalls ortexts.Youagree thattheAuthotized the last four digits of your Account number and the specific cell phone number(s) fo
Parties may record or monitor any calls between you and the Authorized Parties. You which you would like to cancel your consent to be contacted by an automated diale
agree to notify us if you change or discontinue using any phone number you provide. or pre-recorded voice message.

Unauthorized Use YDu must notify us immediately if: • you believe someone is using your Account or a Card without your permlsslon.
• your Card is lost or stolen; or
-7-
Cancellation of • You may cancel your Account. You will remain responsible for any amount you • We may cancel, suspend or not renew your Account at any time without
Electronically notice
Submitted
Your Account owe us under this Agreement. 1/18/2024 3:17 PM
• Any joint Accountholder may cancel a joint Account. However, both of you will Hidalgo County Clerk
remain responsible for paying all amounts owed. Accepted by: Sarah Sanchez

OTHER IMPORTANT INFORMATION
Purchases and Cash Advances If you make a Purchase or Cash Advance in a foreign currency, we will convert depending on the country and currency in which the transaction is made. We
in Foreign Currencies it to U.S. dollars using a rate we choose, This rate will either be a government- use the rate in effect on the conversion date for the transaction. This rate ma~
mandated rate,, a government-published rate or the interbank exchange rate, be different than the rate in effect on the Transaction Date for the transaction.
Governing Law This Agreement is governed by applicable federal law and by Delaware law. However, in the event you default and we file a lawsuit to recover funds loaned to you, th
statute of limitations of the state where the lawsuit is filed will apply, without regard to that state’s conflicts of laws principles or its “borrowing statute.”
Severability Except as set forth in the “Arbitration” section, if any part of this Agreement is found to be invalid, the rest of it will still remain in effect.
Enforcing this Agreement We may delay enforcing or not enforce any of our rights under this Agreement without losing or waiving any of them.
Assignment of Account We may sell, 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 priG
written consent.
MILITARY BORROWERS
Statement of MAPR Federal law provides important protections to members of the Armed Forces and credit transaction; (3) any application fee charged (other than certain application
their dependents relating to extensions of consumer credit. In general, the cost of fees for specified credit transactions or accounts); and (4) any participation fee
consumer credit to a member of the Armed Forces and his or her dependent may charged (other than certain participation fees for a credit card account). If you
not exceed an Annual Percentage Rate of 36 percent. This rate must include, as would like more information about whether this section applies to you, please
applicable to the credit transaction or account: (1) the costs associated with credit contact us at 1-844-DFS-4MIL (1-844-337-4645) anytime 2417. If calling outside
insurance premiums; (2) fees for ancillary products sold in connection with the the U.S. you can contact us at ÷1-801-451-3730.
Oral Disclosures Before agreeing to this Agreement, in orderto 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 notify us: . by phone at 1-800-347-3085 or ‘in writing to Discover, P.O. Box 30943, Salt Lake City, UT 84130-0943.
When writing, please include your name, address, home phone number and Account number. You must contact us within 15 days after changing your email address, mailing address or phone number.
DEFINITIONS
“Account” means your Discover card account. “Check” means any check we send to you to access your Account.
“Affiliate” means our parent corporations, subsidiaries and affiliates. “Pricing Schedule” means the document entitled, “Pricing 5chedule~ which lists the APRs that
“Authorized User” means any person you authorize to use your Account or a Card, whether you apply to your Account and other important information.
notify us or not. “Prime Rate” means the highest rate of interest listed as the U.S. Prime rate in the Money Rates
“Balance Transfer” means a balance transferred from another creditorto your Account. section of the online Wall Street Journal (www.wsj.com) on the last business day of the month.
“Card” means any one or more Discover cards issued to you or someone else with your authorization. “Purchase” means the use of your Account to purchase or lease goods or services at
“Cash Advance” means the use of your Account for: participating merchants.
‘ obtaining cash from participating automated teller machines, financial institutions or other “We,” “us” and “our” refer to Discover Bank, the issuer of your Card.
locations; and “You,” “your” or “yours” refer to you and any other person(s) who are also contractually liable
under this Agreement.
• online gambling, or to purchase lottery tickets, money orders, casino chips, foreign currency or
similar items. “Transaction Date” means the date shown on your billing statement for a transaction or fee.
ARBITRATION
Agreement to Arbitrate. In the event of a dispute between you This arbitration agreement does not apply if, on the date you relief.lfa court decides that applicable law precludes enforcemento
and us arising out of or relating to this Account or the relationships submit your Applica~an or on the date we seek to invoke any of this paragraph’s limitations as to a particular Claim for relief
resulting from this Account or any other dispute between you or this arbitration agreement, you are a member of the Armed then after all appeals from that decision have been exhausted, tha
us, including, for example, a dispute based on a federal or state Forces or a dependent of such a member covered by the federal Claim (and only that Claim) must be severed from the arbitration anc
statute or local ordinance (“Claim”), either you or we may choose Military Lending Act. If you would like more information may be brought in court. Only a court, and not an arbitrator, shal
determine the validity, scope, and effect of the Class Action Waiver
to resolve the Claim by binding arbitration, as described below, about whether you are covered by the Military Lending Act,
instead of in court. Any Claim (except for a Claim challenging the please contact us at 1-844-DFS-4MIL (1-844-337-4645) or Your Right to Go To Small Claims Court. We will not choos
validity or enforceability of this arbitration agreement, including if you are calling from outside the U.S. at +1-801-451-3730. to arbitrate any individual Claim you bring in small Claims cour
the Class Action Waiver) may be resolved by binding arbitration CLASS ACTION WAIVER. ARBITRATION MUST BE ON AN or your state’s equivalent court. However, if such a Claim
if either side requests it. THIS MEANS IF EITHER YOU OR WE INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR WE MAY transferred, removed or appealed to a different court, we ma1
CHOOSE ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHTTO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR then choose to arbitrate.
LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL,ALSO AGAINST OTHER CARDMEMBERS, OR LITIGATE IN COURT OR Governing Law and Rules. This arbitration agreement
DISCOVERY AND APPEAL RIGHTS ARE LIMITED IN ARBITRATION. ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER governed by the Federal Arbitration Act (“FAA”). Arbitration mus
OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. proceed only with the American Arbitration Association (“AAA”)
Even if all parties have opted to litigate a Claim in court, you or
The arbitrator may award injunctive relief only in favor of the The rules for the arbitration will be’ those, in this arbitratior
we may elect arbitration with respect to any Claim made by individual party seeking relief and only to the extent necessary
a new party or any new Claims later asserted in that lawsuit. agreement and the procedures of the AAA, but the rules in thh
to provide relief warranted by that party’s individual Claim. The

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Document for DISCOVER BANK VS. RAMIRO MATA SR

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Document for DISCOVER BANK VS. RAMIRO MATA SR

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