Legal Document: DISCOVER BANK v. CHARLENA CHAMBERS

On March 08, 2024 a Document Filed - Enclosed: Media was filed involving a dispute between Discover Bank, and Chambers, Charlena R, for CC - Civil Collection in the District Court of Fountain County.

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23C01-2403-CC-000101 Filed: 3/8/2024 3:00 PM
Clerk
Fountain Circuit Court Fountain County, Indiana
FOUNTAIN COUNTY CIRCUIT COURT
STATE OF INDIANA

DISCOVER BANK PLAINTIFF'S COUNSEL:
Plaintiff Krisor & Associates; www.krisor|aw.com
PO Box 6200, South Bend, IN 46660
V ph.:(574)2714920

CHARLENA R CHAMBERS
Defendant

Enclosed: Media

466103 MEDIA P117
' ' '

VER" CARDMEMBER AGREEMENT
hank 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
We have included a "Definitions" section for your reference on page 3.
greement. including the Pricing Schedule. carefully Keep them foryour records. Contact us if you have any questions.

iCCEPTANCE 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 the Account. You may. however. reject the "Arbitration of Disputes" section as explained in that section.

IHANGES 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. lf required by law, we will give
you advance 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.

ISING YOUR ACCOUNT

*ermitted Uses You may use your Account for Purchases. Balance Transfers and Cash Advances. You may not use it for illegal transactions.

tuthorized 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 tor all charges made by your Authorized
Users.

oint Accounts If your Account is aioint Account
-
each of you agrees to be liable individually andjointly for the entire amount owed on the Account; and
to both of you.
-
any notice we mail to an address provided by either of you for the Account will serve as notice
Ihecks 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.

Iredlt Authorizations We may not authorize a transaction for security or other reasons. We will not be liable to you if we decline to authorize a transaction or if anyone
refuses your Card, Check or Account number.

Iredlt Lines We will tell 0 what your Account credit line is. You must keep your or decrease your Account credit line or your Cash Advance credit line
Account ba arance below your Account credit line. if do not, we may without notice. We may delay increasing your available credit by the
requestimmediate paymentofthe amount bywhicy'ouou exceed it.We amount of any payment that we receive for up to 10 business days.
may establish a lower credit line for Cash Advances. e may increase

iEES (See your Pricing Schedule for Additional Fees)
We will not charge a Late Fee the first time you do not make the Fee during any ofthe priorsix billing periods.Otherwise.thefeeis $41.
,ate Fee
Minimum Payment Due by the Payment Due Date. Afterthat. if you do This fee will never exceed the Minimum Pa ment 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 ee was assessed.
charge you a Late Fee. The fee is $30, if you were not charged a Late
teturned Payment Fee If you make a paymentthat is not honored by your financial institution. Otherwise. the fee is $41. This fee will never exceed the Minimum
we will charge you a Returned Payment Fee even if the payment is Payment Due that was due immediately prior to the date on which
honored after we re-submit it. The fee is $30 if you were not charged the payment was returned to us.
a Returned Payment Fee during any of the prior six billing periods.

\NNUAL PERCENTAGE RATES ("AP Rs") (See your Pricing Schedule for the APRs that apply to your Account)

Your Pricin Schedule may include variable APRs. These APRs are on the first day of the billing period that begins during the same
(ariable ApRs
determine by addin the number of percentage points that we calendar month that the Prime Rate changes. An increase in the APR
ate. Variable APRs will increase or decrease will increase your interest charges and may increase your Minimum
specify to the Prime
when the Prime Rate changes. The APR change will take effect Payment Due. YourAPR will never be less than zero.

>enalty APR None

"IAKING PAYMENTS

You must pay in U.S. dollars. Please do not send cash. Sending cash
.
We credit our payments in accordance with the terms contained
'ayment Instructions
-

All checks must be drawn on funds on deposit in on your bil ing statement.
e
itsjncli'ltsallowed.
. .
a
If you mail your payment to an address other than the address
~
You must pay us for all amounts due on your Account. This includes designated on your statement. there may be a delay in
billing e payment to our Account.
and creditingt
charges made by Authorized Users.
-
We may refuse to accept a payment in a foreign currency. If we -
f a third party makes a payment on your ccount and we return all
processing
do accept it. we will charge your Account our cost to convert it to or a part of such payment. then we may adjust your Account for any
U.S. dollars. amount returned. We reserve the right to defend ourselves against
-
We can accept late pa ments, artial payments or payments
.
any demand to return funds we have received. and agree to a
marked"payment in fu l" or wit an other
restrictive endorsement compromise of the demanded amount as part of a sett ement.
without lostng any of our rights un er this Agreement.

You may pa the entire New Balance shown on your billing statement at any fees for any debt protection product that you enrolled in on or after.
dinimum Payment Due
time. Each illing period you must pay at least the Minimum Payment Due 2/1/2015; Interest Charges; and Late Fees (not to exceed 4% of the'
New Balance).
by the Pa ment Due Date shown on your billing statement. The
Minimum
Payment ue will be the greater of: The Minimum Payment Due may also include amounts by which you exceed
your Account credit line. It will never exceed the New Balance. When
we
~
$20; or
calculate the Minimum Pa ment Due. we may subtract from the New
r
any past due amount plus the greater of: Balance certain fees adde to Account during the billing period. The
3% of the New Balance shown on your billing statement (excluding any Minimum Payment Due is roun dyour ed up to the nearest dollar.
Interest Charges and Late Fee shown on your billing statement); or
$15. plus any of the following charges as shown on your billing statement

32022 Discover Bank. Member FDIC -1-
[AKING PAYMENTS

ow We Apply Payments We apply payments and credits at our discretion, including in a manner most amounts you pay that exceed the Minimum Payment Due to balances with
favorable or convenient for us. In all cases, we will apply payments and credits higher APRs before balances with lower APRs as of the date we credit your
as required by applicable law. Each billing period. we will generally apply payment.

lTEREST CHARGES
fi uring the How We Figure Your Total Interest Charges
ow We Calculate We'calculate interest charges each billing period by first
iterest Charges "daily balance" for each Transaction Category. Transaction ate cries -
We multiply the daily balance for each Transaction Category by its
include standard Purchases. standard Cash Advances and di erent daily periodic rate. We do this for each day in the billing period. This
ail Balance Method
nc uding current promotional balances, such as Balance Transfers. ives us the interest charges for each Transaction Category. To get a
How We Figure the Daily Balance for Each Transaction Category aily periodic rate, we divrde the APR that applies to the Transaction
'ansactions) -
We start with the beginning balance for each day. The beginning Category by 365.
balance for the ﬁrst day of the billing period is your balance on the last a
We add u all the daily interest The sum is the total
chaéges.
interest c arge for the billing perio
day of your previous billing period.
.

-
We add any interest charges accrued on the previous day's daily - Due to rounding or a minimum interest charge. the interest
balance and any newtransactions and fees. We add any new calculation may vary from the interest charge actually assessed.
transactions or fees as of the later of the Transaction Date or the How We Include Fees
first day of the billing period in which the transaction or fee posted We add Balance Transfer Fees to the applicable Balance Transfer
to your Account. Transaction Category. We add Cash Advance Fees to the applicable
-
We subtract any new credits and payments. Cash Advance Transaction Category. We add all other fees to the
-
We make other adjustments (including those adjustments required standard Purchase Transaction Category.
in the "Paying Interest" section).

When Interest Charges Begin interest charges on New Purchases. New Purchases are Purchases
aying Interest that first appear on the next billing statement. interest will continue
We begin to impose interest charges on a transaction, fee or interest
charge from the day we add it to the daily balance. We continue to accrue each day on Purchases that appeared on previous billing
to impose interest charges until you pay the total amount you owe statements until you pay the New Balance in full and will be billed in
us. You can avoid paying interest on Purchases as described below. the next billing cycle.
However. you cannot avoid paying interest on Balance Transfers or How We Apply Payments May Impact Your Grace Period
Cash Advances. lf you do not pay your New Balance in full each month. then, depending
How to Avoid Paying Interest on Purchases ("Grace Period") on the balance to 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

)THER IMPORTANT INFORMATION

iefault You are in default if:
-
you fail to comply with the terms of this Agreement or any
Agreement with us or an Affiliate, including failing to make a
-
you file bankruptcy or another insolvency proceeding is filed by you
required payment when due, exceedin your Account credit line
or
or against you;
using your Card or Account for an illega transaction.
we have a reasonable belief that you are unable or unwilling to
If you are in default. we may declare the entire balance of your Account
-

repay your obligations to us;
immediately due and payable Without notice.
-
you die or are legally declared incompetent or incapacitated;

:ollection Costs Ifwe 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.

1erchant Disputes if you have a dispute with a merchant, you may request acredit to your Account. if we resolve the dispute in your favor, we will issue a credit to your Account.
to this assignment in writing.
You assign to us your claimforthe credited amount against the merchant and/orany third party. At our request, you agree provide

You may set up automatic billing or store your Account information with chan es. which may include your billing address, you authorize us to
tutomatic Account at our
an Affiliate. merchant, wallet provider. or other third party ("Permitted provi e this updated information to any such Permitted Party
1formation Updates Account information. discretion. You must contactthe Permitted Party directly or remove your
Party"). If you do. you authorize us to share your
which may include your rewards account balance. with the Permitted credit card information from the Permitted Party websrte if you wish to
Party, regarding the use of your Account. If your Account information stop automatic billing or Account updates.

We send you our Privacy Policy when you open your Account. -
how we safeguard its confidentiality and security;
)ur Privacy Policy
Contact us or visit Discovercom 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;
-

You authorize us to get information from credit reporting a encies We normally re ort to credit reportin agencies each month. If you
:redit Reporting believe that in ormation we reporte is inaccurate or incomplete,
and other sources for servicing or review of your Account. co Iection
Agency Information and any other use permitted by law, including to consider you for other please write us at Discover, P.O. Box 30939, Salt Lake City, UT 84130
0939. Please include your name. address. home phone number and
products and services. We may report the status and pa history
of your Account to credit reporting agencies and ot er creditors. Account number.

You agree that we, our Affiliates, and agents. includin service providers Authorized Parties may contact you using an automatic dialer or pre-
)ur Communications recorded voice message. if ou no longer wish to be contacted on your
cal s, text message or
vith You ("Authorized Parties") may contact you, including cell phone by an automate dialer or pre-recorded voice message. you
email. about any current or future accounts or applications. with respect
to all products you have with us at any phone number or email (i you must provide us written notice cancelling your consent at this address:
have provided to us, (ii) from which you contacted us, or (iii) whic we Discover Bank, PO. Box 30937, Salt Lake City, UT 84130-0937. The written
obtained and believe we can reach you at. even if your phone provider notice must include: your name, mailing address, the last four digits of
for which
may charge you message and data rates for calls or texts.
You agree your Account number and the specific cell phone number(s)
that the Authorized Parties may record or monitor any calls between you would like to cancel your consent to be contacted by an automated
or dialer or prerecorded voice message.
you and the Authorized Parties. You agree to notify us If you change
discontinue using any phone number you provide. You agree that the

Inauthorized Use -
you believe someone is using your Account or a Card without
You must notify us immediately if:
your permission.
-
your Card is lost or stolen; or

You may cancel your Account. You will remain responsible for any
-
We may cancel, suspend or not renew your Account at any time
Dancellation of -

amount you owe us under this Agreement. without notice.
'our Account
-
Anyjoint Accountholder may cancel ajoint Account. However.
both of you will remain responsible for paying all amounts owed.
_2_
DTHER IMPORTANT INFORMATION

urchases and Cash If make a Purchase or Cash Advance In a foreign currency. we and currency in which the transaction is made. We use the rate in
convert It to U.S. dollars using a rate We choose. This rate will
wIIyou effect on the conversion date for the transaction. This rate may
dvances in Foreign either be a government-mandated rate, a government-published be different than the rate In effect on the Transaction Date for the
urrencies rate or the interbank exchange rate. depending on the country transaction.

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
loverning Law
that state's conflicts of laws principles or its "borrowing statute."
you. the statute of limitations of the state where the lawsuit is filed will apply. without regard to
effect.
everability 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

nforcing this Agreement We may delay enforcing or not enforce any of our rights under this Agreement without losing or waiving any of them.

ssignment 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.

IILlTARY BORROWERS

tatement of MAPR Federal law provides important protections to members of the Armed with the credit transaction; (3) any application fee charged (otherthan
Forces and their dependents relating to extensions of consumer certain application fees for specified credit transactions or accounts):
credit. In general, the cost of consumer credit to a member of the and (4) any participation fee charged (other than certain participation
Armed Forces and his or her dependent may not exceed an Annual fees for a credit card nt If you would like more information
Percentage Rate of 36 percent. This rate must include. as applicable to about whether this section app ies to you. please contact us at 1-844-
the credit transaction or account: (l) the costs associated with credit DFS-4MIL (1-844-3374645) anytime 24/7. If calling outside the U.S..
insurance premiums; (2) fees for ancillary products sold in connection you can contact us at +1-801-451-3730.

iral Disclosures Before agreeing to this Agreement. in order to hear important disclosures and payment information about this Agreement. please call
1~844-DFS-4MIL (1844-3374645) anytime 24/7. lf calling outside the U.S.. you can contact us at +1801-451-3730.

LONTACT US

nless 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
- a

number.
iclude 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

'EFlNlTIONS

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 Schedule? which lists the
Authorized User" means any person you authorize to use your Account or a Card. APRs that apply to your Account and other important information.
Nhether you notify us or not. "Prime Rate" means the highest rate of interest listed as the U.S. Prime rate in the
Balance Transfer" means a balance transferred from another creditor to Money Rates section of the online Wall StreetJournal (www.wsj.com) on the last
business day of the month.
your Account.
Card" means any one or more Discover cards issued to you or someone else with
"Purchase" means the use of your Account to purchase or lease goods or services at
your authorization.
participating merchants.
Cash Advance" means the use of your Account for: "We." "us" and "our" refer to Discover Bank. the issuer of your Card.
"
"You." "your" or ours" refer to you and any other person(s) who are also
-
obtainin cash from participating automated teller machines. financial institutions
or other ocations; and contractually lia le under this Agreement.
"Transaction Date" means the date shown on your billing statement for a transaction
-
online gambling. or to purchase lottery tickets. money orders, casino chips. foreign
or fee.
currency or Similar items.

tRBITRATlON

greement to Arbitrate. In the event of a dispute between you OTHER CARDMEMBERS. OR LITIGATE IN COURT OR ARBITRATE agreement will befollowed if there is disagreement between the
nd us arising out of or relating to this Account or the relationships ANY CLAIMSASAREPRESENTATIVEOR MEMBEROFACLASS OR agreement and the AAA's procedures. If the AAA's procedures
asulting from this Account or any other dispute between you or
IN A PRIVATE ATTORNEY GENERAL CAPACITY. change after the Claim is filed, the procedures in effect when the
Claim was filed will apply.
s. including. for example, a dispute based on a federal or state
tatute or local ordinance ("Claim"). either you or we may choose The arbitrator may award injunctive relief only in favor of the
a resolve the Claim by binding arbitration. as described below. individual party seeking relief and only to the extent necessary For a copy of the AAA's procedures. to file a Claim or for other
istead of in court. Any Claim (except for a Claim challenging to provide relief warranted by that party's individual Claim. information. please contact the AAA at 1101 Laurel Oak Rd..
we validity or enforceability of this arbitration agreement. The arbitrator may not award class. representative. or public Voorhees. NJ 08043.www.adr.org.
icluding the Class Action Waiver may be resolved by binding Injunctive relief. If a court decides that applicable law precludes
rbitration if either party requests It. THIS MEANS IF EITHER YOU enforcement ofany ofthis paragraph's limitations as toa particular If the AAA is completely unavailable. and if you and we cannot
lR WE CHOOSE ARBITRATION. NEITHER PARTY WILL HAVE THE Claim for relief. then after all appeals from that decision have been
agree on a substitute. then either you or we may request that a
IGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY exhausted. that Claim (and only that Claim) must be severed from court withjurisdiction appointasubstitute.
RlAL. ALSO DISCOVERY AND APPEAL RIGHTS ARE LIMITED the arbitration and may be brought in court. Only a court. and not
IARBITRATION. an arbitrator. shall determine the validity. scope. and effect of the
Fees and Costs. If you wish to begin arbitration against us but
Class Action Waiver.
you cannot afford to pay your share of the AAA's or arbitrator's
ven if all parties have opted to litigate a Claim in court. you orwe costs and cannot obtain a waiver of costs from the AAA. we will
a new
way elect arbitration with respect to any Claim made by Your and Our Right To Go To Small Claims Court. You and we will advance those costs if you ask us in writing and are acting in good
artyor any new Claims later asserted in that lawsuit. not choose to arbitrate any individual Claim you or we bring in faith. Any request like this should be sent to Discover. PO. Box
small claims court (or an equivalent court). This means you or 30421. Salt Lake City. UT 84130-0421. If you lose the arbitration. the
his arbitration agreement does not apply if. on the date you we may bring an action in small claims court (or an equivalent arbitrator wlll decide whether you must reimburse us for money
if a Claim
ubmit your Application or on the date we seek to invoke this court) wiﬂ'tout being subject to arbitration. However. we advanced for you for the arbitration. If you win the arbitration.
rbitration agreement. you are a member of the Armed Forces is transferred. removed. or appealed from small claims court we will not ask for reimbursement of money we advanced.
r a dependent of such a member covered by the federal Military to a different court. or if any Claim brought in small claims court Additionally. if you win the arbitration. the arbitrator may decide
ending Act. If you would like more information about whether exceeds the small claims court limit. you or we may then choose that you are entitled to be reimbursed your reasonable attorneys'
ou are covered by the Military Lending Act, please contact us to arbitrate. fees and costs (if actually paid by you). The arbitrator may also
t 1-844DFS-4MIL (1-844-337-4645) or if you are calling from allocate compensation. expenses. and administrative fees (which
utside the US at +1-801451-3730. include filing and hearing fees) to any party upon the arbitrator's
Governing Law and Rules. This arbitration agreement is governed
determination that the party's claim or counterclaim was filed for
by the Federal Arbitration Act ("FAA"). Arbitration must proceed
ILASS ACTION WAIVER. ARBITRATION MUST BE ON AN only with the American Arbitration Association ("AAA"). The purposes of harassment or is patently frivolous.
\IDIVIDUAL BASIS. THIS MEANS NEITHERYOU NORWEMAYJOIN rules for the arbitration will be those in this arbitration agreement
)R CONSOLIDATE CLAIMS lN ARBITRATION BY OR AGAINST and the procedures of the AAA. but the rules in this arbitration

-3-
RBITRATION
detail the nature of the Claim and any supporting facts. Any Claim You Have the Ri ht to Reject Arbitration for this Account. You
aarings and Decisions. Arbitration hearings will take place in the
derai judicial district where you live. A single arbitrator will be Notice shall be sent to us at Discover. PO. Box 794. Deerfield. lL may reject the ar itration agreement but only if we receive from
Jpointed. The arbitrator must: 60015 (or such other address as we shall subsequently provide you a written notice of rejection within 30 days of your receipt
to you). If. and only if, (1) you submit a Claim Notice in accordance of the Card after your Account is opened. You must send the
iollow all applicable substantive law. except when contradicted
with this agreement on your own behalf (and not on behalf of notice of rejection to: Discover. 9.0. Box 30938, Salt Lake City. UT
)y the FAA: 84130-0938.
any other party); and (2) an arbitrator, after ﬁnding in your favor
'ollow applicable statutes of limitations; in an respect on the merits of your Claim, issues you an award
ionor valid claims of privilege; and that {excluding any arbitration fees or attorneys' fees and costs Your rejection notice must include your name, address. phone
ssue a written decision including the reasons forthe award. awarded by the arbitrator) is greater than the value of Discover's number. Account number and personal signature. No one else
last written settlement offer made before an arbitrator was
may sign the rejection notice for you. Your rejection notice
1e arbitrator's decision will be final and binding except for any selected. then you will be entitled to the amount of the award or must not be sent with any other correspondence. Rejection of
iview allowed by the FAA. However. if more than $100,000 $7.500. whichever is greater. If you are entitled to the $7.500. you arbitration will not affect your other rights or responsibilities under
will receive in addition any arbitration fees or attorneys' fees and this Agreement. lf you reject arbitration. neither you norwe will be
as genuinely in dispute, then either you or we may choose to
costs awarded by the arbitrator.
)peal to a new panel of three arbitrators. The appellate panel is subject to the arbitration agreement for this Account. Rejection
ampletelyfree toacceptorrejecttheentireoriginal award orany of arbitration for this Account will not constitute rejection of any
art of it. The appeal must be filed with the AAA not later than 30 Other Beneﬁciaries of this Agreement. In addition to you and prior or future arbitration agreement between you and us.
ays after the original award issues. Appeal costs will be allocated us. the rights and duties described in this arbitration agreement
ansistent with the AAA's Consumer Arbitration Rules and Due apply to: our Affiliates. successors. subsidiaries. and our and their
rocess Protocol. officers, directors and employees; any third party co-defendant
of a Claim subject to this arbitration agreement; and all joint
ny arbitration award may be enforced (such as through
a
or Accountholders and Authorized Users of your Account(s).
dgrnent) in any court with jurisdiction. Any finding, award.
dgment from an arbitration of any Claim shall apply only to
iat arbitration. No finding. award, orjudgment from any other Survival of this Agreement. This arbitration agreement shall
'bitration shall impactthe arbitration of any Claim. survrve:
-
closing of your Account;
laim Notice and Special Payment. If you have a Claim. before -
voluntary payment of your Account orany part of it;
ritiating an arbitration proceeding, you may give us written notice
at least 30 days before initiating
~
any legal proceedings to collect money you owe;
f the Claim ("Claim
T e Claim Notice must include your
Notice?)
we arbitration proceeding.
-
any bankruptcy by you; and
ame. address, and account number and explain in reasonable
-
any sale. assignment. or transfer by us of your Account.

After we finish our investigation, one of two things will happen:
Your Billing Rights; interest
-LfJMe_rna_d_e_a_mistake; You will not have to pay the amount in question or any
Ke T l D FrFur or other fees related to that amount.
-Lf_yy§d_o_ngLt_be_lLeye_tm§_a_mLstake. You will have to pay the amount in question.
his notice tells you about your rights and our responsibilities under the Fair Credit of amount
along with applicable interest and fees. We will send you a statement the
:illing Act. you owe and the date payment is due. We may then report you as delinquent you

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Document Filed Date

March 08, 2024

Case Filing Date

March 08, 2024

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Document for DISCOVER BANK v. CHARLENA CHAMBERS

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