Preview
Electronically Filed - CAPE GIRARDEAU (JACKSON) - March 12, 2024 - 09:31 AM
24CG-AC00468
1234630821, DEP
In The Circuit Court of Cape Girardeau County, Missouri
Associate Circuit Division
Synchrony Bank,
Case No.
Plaintiff.
vs. Division No.
Bryan S Welker ,
Serve at:
3229 CHATEAU DR
CAPE GIRARDEAU MO 63701-3441
Defendant.
Petition on Breach of Contract and Other Relief
Plaintiff states as follows:
Count 1 – Breach of Contract
1. Plaintiff Synchrony Bank is a federally chartered savings bank organized and existing
under the law.
2. Defendant Bryan S Welker is a resident of Cape Girardeau County, Missouri.
3. Plaintiff and Defendant entered a contract for Plaintiff to provide Defendant with a(n)
Lowes® ConsumerCreditCard credit card account (account no. XXXXXXXXXXXX0480)
under which Defendant agreed to pay per the terms of the credit card account agreement
(“Agreement”). A copy of the Agreement is attached as an exhibit.
4. Plaintiff provided the Agreement to Defendant.
5. Defendant accepted the terms of the Agreement by using the credit card or making
payments, and agreed to pay Plaintiff for all amounts due resulting from use of the credit card.
6. Plaintiff has performed, or substantially performed, all of its obligations and conditions
This communication is from debt collector. This is an attempt to collect a debt and
any information obtained will be used for that purpose.
Page 1 of 3
Electronically Filed - CAPE GIRARDEAU (JACKSON) - March 12, 2024 - 09:31 AM
1234630821, DEP
precedent, if any, under the Agreement.
7. Defendant breached the Agreement by failing to make the payments to Plaintiff as
required by the Agreement.
8. Plaintiff has been damaged in the amount of $8399.25 per the copy of a statement
attached as an exhibit.
WHEREFORE, Plaintiff requests judgment against Defendant for $8399.25 and for court
costs.
Count 2 – Account Stated (Alternative)
In the alternative, Plaintiff states as follows:
1. Plaintiff incorporates by reference paragraphs 1 through 3 of Count 1 above.
2. Plaintiff provided Defendant with monthly statements regarding the Lowes®
ConsumerCreditCard credit card account demonstrating prior financial transactions.
3. The monthly statements established a correct balance.
4. Defendant did not object or otherwise dispute the balance due on the monthly
statements.
5. As a result, Defendant expressly or impliedly agreed that Defendant owes Plaintiff
the stated balance due of $8399.25 on the credit card account, per the copy of a statement
attached as an exhibit.
6. Defendant failed to pay Plaintiff the agreed balance due.
WHEREFORE, Plaintiff requests judgment against Defendant for $8399.25 and for court
costs.
This communication is from debt collector. This is an attempt to collect a debt and any
information obtained will be used for that purpose.
Page 2 of 3
Electronically Filed - CAPE GIRARDEAU (JACKSON) - March 12, 2024 - 09:31 AM
1234630821, DEP
KRAMER & FRANK, P.C.
By: /s/ John Makhamreh
John Makhamreh, MBE# 70687
Attorney for Plaintiff
11960 Westline Industrial Dr.
Suite 180
St Louis, MO 63146
Telephone: (314) 991-1177
Fax: (314) 991-0485
E-mail: KFattorneys@lawusa.com
To discuss this account, please contact:
Duane Prichard
(314)754-6217
You may pay online at: https://kramerandfrank.stratuspayments.net
Your file number: 1234630821
Certificate of Compliance
The undersigned certifies that the original of this document was signed and an electronic
copy of it was presented to the Court for filing.
/s/ John Makhamreh
John Makhamreh
Kramer & Frank, PC.
This communication is from debt collector. This is an attempt to collect a debt and any
information obtained will be used for that purpose.
Page 3 of 3
Electronically Filed - CAPE GIRARDEAU (JACKSON) - March 12, 2024 - 09:31 AM
BRYAN S WELKER
Account Number ending in 048 0
PAGE 1 of 3 Visit us at lowes.com/eservice or Call: 1-800-568-0156
Payment Information
New Balance: $0.00 Payments must be received by 5pm ET on
Amount Past Due: $0.00 12/14/2023 if mailed, or by 11:59pm ET on
12/14/2023 for online and phone payments.
Total Minimum Payment Due: $1,774.00
Payment Due Date: 12/14/2023
Late Payment Warning: If we do not receive your Total Minimum Payment
Due by the Payment Due Date listed above, you may have to pay a late fee
up to $41.00.
Account Summary
Previous Balance as of 11/14/2023 $8,358.25 Credit Limit $7,400
Payments - 1,649.00 Available Credit $0
Other Credits - 8,399.25
Purchases/Debits + 1,649.00
Fees Charged + 41.00
New Balance as of 12/12/2023 $0.00
29 Day Billing Cycle from 11/14/2023 to 12/12/2023
7009 A2J 1 3 11 231212 Z X PAGE 1 of 3 9294 0010 S012 O1FH7009
Use blue or black ink, Account Number 048 0
detach & mail with your New Balance $0.00
check. Total Minimum Payment Due $1,774.00
Payment Due Date 12/14/2023
Amount
Amount Overlimit
Enclosed $
Past Due Amount
$0.00 $0.00 No other correspondence please.
Print new address or email changes on back.
BRYAN S WELKER
3229 CHATEAU DR
CPE GIRARDEAU MO 63701-3441 Make LOWE'S/SYNCHRONY BANK
Payment PO BOX 669807
to: DALLAS, TX 75266-0759
48003
4266320
000798192
000000000000000
00000000164900
Electronically Filed - CAPE GIRARDEAU (JACKSON) - March 12, 2024 - 09:31 AM
Electronically Filed - CAPE GIRARDEAU (JACKSON) - March 12, 2024 - 09:31 AM
BRYAN S WELKER
Account Number ending in 048 0
PAGE 2 of 3 Visit us at lowes.com/eservice or Call: 1-800-568-0156
Account Balance Summary
Expired
Payments & Purchases, New
Purchase Previous Interest Promotion
Balance Type Other Credits Fees & Other Statement
Date/Amount Balance Charged (+) Balances*
(-) Debits (+) Balance
(+/-)
Regular - $8,358.25 $8,399.25 $41.00 - - -
Total $8,358.25 $8,399.25 $41.00 - - -
If you have promotional balances, additional promotional details can be found below in the Promotional Purchase Summary.
* Expired promotional balances will display in both the promotional and regular purchases balance row during the month of
expiration.
Transaction Detail
Date Reference Number/ Description Amount
Invoice Number
Payments - $1,649.00
12/06 AUTOMATIC PAYMENT - THANK YOU -$1,649.00
Other Credits - $8,399.25
12/12 CHARGE OFF ACCOUNT-PRINCIPALS -$7,106.41
12/12 CHARGE OFF ACCOUNT-INTEREST CHARGE -$1,016.84
12/12 CHARGE OFF ACCOUNT - FEES -$276.00
Purchases and Other Debits $1,649.00
12/06 ADJUSTMENT-PAYMENTS $1,649.00
Total Fees Charged This Period $41.00
12/06 LATE FEE $41.00
Total Interest Charged This Period $0.00
12/12 INTEREST CHARGE ON PURCHASES $0.00
2023 Year- to- Date Fees and Interest
Total Fees Charged $276.00
Total Interest Charged $1,031.78
Total Interest Paid $14.94
Interest Charge Calculation
Your Annual Percentage Rate (APR) is the annual interest rate on your account.
Type of Expiration Annual Balance Subject to Interest Balance
Balance Date Percentage Rate Interest Rate Charge Method
Regular Purchases N/A 26.99% $0.00 $0.00 2D
Important Account Information
If your account has a Deferred Interest promotional balance and you would like a payment to be applied to a specific promotional or
non-promotional balance, call Customer Service at 1-800-444-1408, no later than 60 days after the transaction date of your payment
as shown on your statement, to learn what options may be available.
If you need to contact Synchrony about the loss of a Synchrony cardholder, you can submit a deceased notification form located at
www.syf.com under the 'Contact Us' page.
Statement not provided to customer.
NOTICE: We may convert your payment into an electronic debit. See back of page one for details, Billing Rights and other important
information.
You can pay your bill online or over the phone. We noticed you've been enjoying our easy paperless payment options, so we will no
longer be including return envelopes. You can make things even easier by selecting the paperless statement option on your account
online.
7009 A2J 1 3 11 231212 Z X PAGE 2 of 3 9294 0010 S012 O1FH7009
Electronically Filed - CAPE GIRARDEAU (JACKSON) - March 12, 2024 - 09:31 AM
PAGE 3 of 3 Visit us at lowes.com/eservice or Call: 1-800-568-0156
7009 A2J 1 3 11 231212 Z X PAGE 3 of 3 9294 0010 S012 O1FH7009
Electronically Filed - CAPE GIRARDEAU (JACKSON) - March 12, 2024 - 09:31 AM
Template 07f
SYNCHRONY BANK
PRICING INFORMATION ADDENDUM
FOR YOUR LOWE'S CREDIT CARD ACCOUNT ENDING IN 0480
Interest Rates and Interest Charges
Annual Percentage The APR for your purchases is
Rate (APR) for
26.99%.
Purchases The daily rate for your purchases is 0.07395%.
How to Avoid Your due date is at least 23 days after the close of each billing cycle. We will not charge you any
Paying Interest interest on purchases if you pay your entire balance by the due date each month.
Minimum If you are charged interest, the charge will be no less than $2.00.
Interest Charge
Fees
Penalty Fees
• Late Payment Up to $41
The amount of the late payment fee will be equal to: (1) $30 if you have paid at least your total
minimum payment due by the due date in each of the prior six billing cycles or (2) $41 if you have
failed to pay at least the total minimum payment due by the due date in any one or more of the
prior six billing cycles. However, if the late payment fee would exceed the total minimum payment
for which the late payment fee is assessed, the amount of the late payment fee will instead be
equal to the amount of the total minimum payment that was due.
How We Will Calculate Your Balance: We use a method called “daily balance”.
PAGE 1
Electronically Filed - CAPE GIRARDEAU (JACKSON) - March 12, 2024 - 09:31 AM
LOWE’S
[RTWF5357491A]
T&C-PLCC
ORG-3945J
02/24/2012 - 10/02/2017
SYNCHRONY BANK
SECTION I: RATES AND FEES TABLE
LOWE’S CREDIT CARD ACCOUNT AGREEMENT
Information from Section I of the Lowe’s Credit Card Account Agreement is provided in the accompanying Pricing Information Addendum.
SECTION II: RATES, FEES AND PAYMENT INFORMATION
LOWE’S CREDIT CARD ACCOUNT AGREEMENT
How Interest Is Calculated
Your Interest We use a daily rate to calculate the interest on the balance on your account each day. The daily rate is the applicable APR times 1/365.
Rate Interest will be imposed in amounts or at rates not in excess of those permitted by applicable law. See the accompanying Pricing
Information Addendum for information for your specific APR.
When We We charge interest on your purchases from the date you make the purchase until you pay the purchase in full. See exceptions below.
Charge Interest • We will not charge you interest during a billing cycle on any purchases if:
1. You had no balance at the start of the billing cycle; OR
2. You had a balance at the start of the billing cycle and you paid that balance in full by the due date in that billing cycle.
• We will credit, as of the start of the billing cycle, any payment you make by the due date that we allocate to purchases if:
1. You had no balance at the start of the previous billing cycle; OR
2. You had a balance at the start of the previous billing cycle and you paid that balance in full by the due date in the previous
billing cycle.
How We We figure the interest charge on your account separately for each balance type. We do this by applying the daily rate to the daily
Calculate balance for each day in the billing cycle. A separate daily balance is calculated for the following balance types, as applicable:
purchases and balances subject to different interest rates, plans or special promotions. See below for how this works.
Interest
1. How to get the daily balance. We take the starting balance each day, add any new charges and fees, and subtract any
payments or credits. Credit insurance premiums and debt cancellation fees, if any, are not included in the daily balance. This
gives us the daily balance. Late payment fees are treated as new purchases.
2. How to get the daily interest amount. We multiply each daily balance by the daily rate that applies.
3. How to get the starting balance for the next day. We add the daily interest amount in step 2 to the daily balance from step 1.
4. How to get the interest charge for the billing cycle. We add all the daily interest amounts that were charged during the billing cycle.
We charge a minimum interest charge in any billing cycle in which you owe interest. This charge is added proportionately to each
balance type. See the accompanying Pricing Information Addendum for the amount of your minimum interest charge.
How Fees Work
Late Payment We will charge this fee if we do not receive the total minimum payment due on your account by 5 p.m. (ET) on the due date. See the
Fee accompanying Pricing Information Addendum for the amount of the fee.
Minimum Payment Calculation
See the accompanying Variable Terms Addendum for how the total minimum payment is calculated.
1
Electronically Filed - CAPE GIRARDEAU (JACKSON) - March 12, 2024 - 09:31 AM
Special Promotional Financing Offer Information
At times, we may offer you special financing promotions for certain transactions (“special promotions”). The terms of this Agreement apply to any special promotions.
However, any special promotional terms that are different than the terms in this Agreement will be explained on promotional advertising. Below is a description of
certain special promotions that may be offered:
• No Interest if Paid in Full Within 6 Months For each promotion, if the promotional purchase is not paid in full within the promotional period, interest
will be imposed from the date of purchase at the APR that applies to your account when the promotional
• No Interest if Paid in Full Within 12 Months
purchase is made.
• No Interest if Paid in Full Within 18 Months This APR will vary with the market based on the prime rate. See the accompanying Pricing Information
Addendum for your purchase APR.
• No Interest if Paid in Full Within 24 Months
When you make a qualifying purchase under one of the promotions shown immediately above, no interest will be assessed on the purchase if you pay the promotional
purchase in full within the applicable promotional period. If you do not, interest will be assessed on the promotional purchase from the date of the purchase. Minimum
monthly payments are required.
OR
No Interest for 24 Months For each promotion, after the promotion ends, the APR that applies to your account when the promotional
purchase is made will apply.
This APR will vary with the market based on the prime rate. See the accompanying Pricing Information
No Interest for 36 Months Addendum for your purchase APR.
When you make a qualifying purchase under one of the promotions shown immediately above, no interest will be assessed on the purchase during the promotional
period and a unique monthly payment will be required equal to at least 4.1667% of your initial promo purchase amount for 24 month promotions, or 2.7778% of such
amount for 36 month promotions.
For all the promotion types shown above: Regular account terms apply to non-promotional purchases and, after promotion ends, to your promotional purchases.
Offers are subject to credit approval. These promotional offers may not be available at all times for all purchases. Please see any special promotion advertising or other
disclosures provided to you for the full terms of any special promotion offered.
SECTION III: STANDARD PROVISIONS
LOWE’S CREDIT CARD ACCOUNT AGREEMENT
ABOUT THE CREDIT CARD AGREEMENT
This Agreement. This is an Agreement between you and Synchrony Bank, 170 Election Road, Suite 125, Draper, UT 84020, for your credit card account shown
above. By opening or using your account, you agree to the terms of the entire Agreement. The entire Agreement includes the four sections of this document and
the application you submitted to us in connection with the account. These documents replace any other agreement relating to your account that you or we made
earlier or at the same time.
Parties To This Agreement. This Agreement applies to each accountholder approved on the account and each of you is responsible for paying the full amount
due, no matter which one uses the account. We may treat each of you as one accountholder and may refer to each of you as “you” or “your”. Synchrony Bank may
be referred to as “we”, “us” or “our.”
Changes To This Agreement. We may change, add or delete terms of this Agreement, including interest rates, fees and charges.
Special Promotions. The terms of this Agreement apply to any special promotion. However, any special promotional terms that are different than the terms in this
Agreement will be explained on promotional advertising or disclosures provided to you.
HOW TO USE YOUR ACCOUNT/CARD
Use Of Your Account. You may use your account only for lawful personal, family or household purposes. You may use your account for purchases from Lowe’s
locations, including on Lowes.com. In addition to making purchases from Lowe’s in the United States, your card can also be used to make purchases from any
Lowe’s store in Canada (each such purchase, a “Canadian Purchase”). See the Important Information About Your Account section for additional terms that will apply
to each Canadian Purchase.
You Promise To Pay. You promise to pay us for all amounts owed to us under this Agreement.
Your Responsibility. Each accountholder will receive a card. You may not allow anyone else to use your account. If you do, or if you ask us to send a card to
someone else, you will be responsible for paying for all charges resulting from their transactions.
Purchase Limits. To prevent fraud, we may limit the number or dollar amount of any type of purchases you can make in any particular amount of time. We also
may decline any particular charge on your account for any reason.
Credit Limit. You will be assigned a credit limit that we may increase or decrease from time to time. If we approve a purchase that makes you go over your credit
limit, we do not give up any rights under this Agreement and we do not treat it as an increase in either limit.
HOW AND WHEN TO MAKE PAYMENTS
When Payments Are Due. You must pay at least the total minimum payment due on your account by 5 p.m. (ET) on the due date of each billing cycle. Payments
received after 5 p.m. (ET) will be credited as of the next day. You may at any time pay, in whole or in part, the total unpaid balance without any additional charge for
prepayment. If you have a balance subject to interest, earlier payment may reduce the amount of interest you will pay. We may delay making credit available on your
account in the amount of your payment even though we will credit your payment when we receive it.
Payment Options. You can pay by mail, online or at a Lowe’s store. We may allow you to make payments over the phone but we will charge you a fee to make expedited
phone payments. Your payment must be made in U.S. dollars by physical or electronic check, money order or a similar instrument from a bank located in the United States.
How To Make A Payment. You must follow the instructions for making payments provided on your billing statement. If you do not, credit of your payment may be
delayed up to five days. Your billing statement also explains how information on your check is used.
Payment Allocation. We will apply the required total minimum payment to balances on your account using any method we choose. Any payment you make in
excess of the required total minimum payment will be applied to higher APR balances before lower APR balances. Applicable law may require or permit us to apply
excess payments in a different manner in certain situations, such as when your account has a certain type of special promotion.
2
Electronically Filed - CAPE GIRARDEAU (JACKSON) - March 12, 2024 - 09:31 AM
INFORMATION ABOUT YOU
Using And Sharing Your Information. When you applied for an account, you gave us and Lowe’s Companies, Inc. information about yourself that we could share
with each other. Lowe’s Companies, Inc. will use the information in connection with the credit program and for things like creating and updating its records and
offering you special benefits. More information about how we use and share information is set forth in the privacy policy for your account.
Address/Phone Change. You agree to tell us right away if you change your address or phone number(s). We will contact you at the address or phone number in
our records until we update our records with your new address or phone number.
Consent To Communications. You consent to us contacting you using all channels of communication and for all purposes. We will use the contact information
you provide to us. You also consent to us and any other owner or servicer of your account contacting you using any communication channel. This may include text
messages, automatic telephone dialing systems and/or an artificial or prerecorded voice. This consent applies even if you are charged for the call under your phone
plan. You are responsible for any charges that may be billed to you by your communications carriers when we contact you.
Telephone Monitoring. For quality control, you allow us to listen to and/or record telephone calls between you and us.
IMPORTANT INFORMATION ABOUT YOUR ACCOUNT
Closing Your Account. You may close your account at any time by sending a letter to the address shown on your billing statement or calling customer service. We
may close your account at any time, for any reason. If your account is closed, you must stop using it. You must still pay the full amount you owe and this Agreement
will remain in effect until you do.
Collection Costs. If we ask an attorney who is not our salaried employee to collect your account, we may charge you our collection costs. These include court
costs and reasonable attorneys’ fees.
Credit Bureau Reporting. We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account
may be shown in your credit report. Tell us if you think we reported wrong information about you to a credit bureau. Write to us at P.O. Box 965005, Orlando, FL 32896-
5005. Tell us what information is wrong and why you think it is wrong. If you have a copy of the credit report that includes the wrong information, send us a copy.
Default. You are in default if you make a late payment, do not follow any other term of this Agreement or become bankrupt or insolvent. If you default or upon your
death, we may (a) request payment of the full amount due right away, (b) take legal action to collect the amounts owed, and/or (c) take any other action allowed.
Disputed Amounts. The billing rights summary in section IV of this Agreement describes what to do if you think there is a mistake on your bill. If you send us
correspondence about a disputed amount or payment, you must send it to the address for billing inquiries. We do not give up any rights under this Agreement if we
accept a payment marked “payment in full” or given with any other conditions or limitations.
Unauthorized Use. If your card is lost, stolen or used without your consent, call us immediately at 1-800-444-1408. You will not be liable for unauthorized use on
your account, but you will be responsible for all use by anyone you give your card to or allow to use your account.
Canadian Transactions. The following additional terms will apply to each Canadian Purchase.
If you make or return a Canadian Purchase in Canadian dollars, we will convert the transaction amount into U.S. dollars using our currency conversion procedure.
Under the currency conversion procedure that we currently use, the Canadian dollar transaction amount is converted into a U.S. dollar amount by multiplying the
transaction amount in the Canadian dollar currency by a currency conversion rate. The currency conversion rate that we currently use is a prevailing foreign exchange
rate selected in our discretion. The currency conversion rate that we use for a particular transaction is the rate in effect when we do the conversion. This rate may
differ from the rate in effect when the Canadian Purchase or return occurred or when it was posted to your account, and may be higher or lower than the rate you
could have gotten if you had converted U.S. dollars into Canadian dollars.
Returns of Canadian Purchases will be subject to Lowe’s return policies. Under the return policies currently in effect, a Canadian Purchase can only be returned at
a Lowe’s store in Canada and cannot be returned at a Lowe’s store in the United States. In the event that a United States Lowe’s store does permit the return or
exchange of the Canadian Purchase, the Lowe’s store will not issue a credit to your account for the Canadian Purchase amount. For example, the United States
Lowe’s store, in its discretion, may provide you with other merchandise, a gift card or cash in exchange for the Canadian Purchase. The Canadian Purchase amount
will continue to be a part of your account balance, and you will remain responsible for paying the Canadian Purchase amount.
IMPORTANT INFORMATION ABOUT THIS AGREEMENT
Assignment. We may sell, assign or transfer any or all of our rights or duties under this Agreement or your account, including our rights to payments. We do not
have to give you prior notice of such action. You may not sell, assign or transfer any of your rights or duties under this Agreement or your account.
Enforceability. If any part of this Agreement is found to be void or unenforceable, all other parts of this Agreement will still apply.
Governing Law. Except as provided in the Resolving a Dispute with Arbitration section, this Agreement and your account are governed by federal law and, to the
extent state law applies, the laws of Utah without regard to its conflicts of law principles. This Agreement has been accepted by us in Utah.
Waiver. We may give up some of our rights under this Agreement. If we give up any of our rights in one situation, we do not give up the same right in another situation.
RESOLVING A DISPUTE WITH ARBITRATION
PLEASE READ THIS SECTION CAREFULLY. IF YOU DO NOT REJECT IT, THIS SECTION WILL APPLY TO YOUR ACCOUNT, AND MOST DISPUTES
BETWEEN YOU AND US WILL BE SUBJECT TO INDIVIDUAL ARBITRATION. THIS MEANS THAT: (1) NEITHER A COURT NOR A JURY WILL RESOLVE
ANY SUCH DISPUTE; (2) YOU WILL NOT BE ABLE TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING; (3) LESS INFORMATION WILL
BE AVAILABLE; AND (4) APPEAL RIGHTS WILL BE LIMITED.
1. CLAIMS AND PARTIES. If either you or we make a demand for arbitration, you and we must arbitrate any dispute or claim between you (including any other user
of your account), and us (including our parents, affiliates, agents, employees, officers, and assignees) that directly or indirectly arises from or relates to your account,
your account Agreement or our relationship, except as noted below. In addition, AEO, Inc. and/or any assignee, agent, or service provider of ours that collects
amounts due on your account are intended beneficiaries of this Arbitration section and may enforce it in full (notwithstanding any state law to the contrary).
2. This Arbitration section broadly covers claims, including counterclaims, based upon contract, tort, consumer rights, fraud and other intentional torts, negligence,
constitution, statute, regulation, ordinance, common law and equity and claims for money damages and injunctive or declaratory relief, even if they arose before
this section took effect. You may not sell, assign or transfer a claim.
3. Examples of claims subject to arbitration are disputes about an account transaction, fees, charges or interest, the events leading up to the Agreement (such as
any disclosures, advertisements, promotions or oral or written statements, warranties or representations made by us), an application for or denial of credit, any
product or service provided by us or third parties in connection with the Agreement, credit reporting, benefit programs related to your account including any
reward program, the collection of amounts due by our assignees, service providers, or agents and the manner of collection.
4. However, we will not require you to arbitrate any individual case in small claims court or your state’s equivalent court, so long as it remains an individual case in
that court. Also, even if all parties have opted to litigate a claim in court, you or we may elect arbitration with respect to any claim made by a new party or any
claim later asserted by a party in any related or unrelated lawsuit, including modifying an individual claim to assert a class, representative or multi-party claim.
Arbitration may be requested at any time, even where there is a pending lawsuit, unless a trial has begun, or a final judgment entered.
3
Electronically Filed - CAPE GIRARDEAU (JACKSON) - March 12, 2024 - 09:31 AM
5. Only a court will decide disputes about the validity, enforceability, coverage or scope of this Arbitration section or any part thereof. However, any dispute that
concerns the validity or enforceability of the Agreement as a whole is for the arbitrator to decide.
6. NO CLASS ACTIONS. IF EITHER YOU OR WE ELECT TO ARBITRATE A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT (A) TO PARTICIPATE IN
A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE ACTION IN COURT OR IN ARBITRATION, EITHER AS A CLASS
REPRESENTATIVE OR CLASS MEMBER, OR (B) TO JOIN OR CONSOLIDATE CLAIMS WITH CLAIMS OF ANY OTHER PERSONS EXCEPT ACCOUNTHOLDERS
ON YOUR ACCOUNT. THUS, YOU MAY NOT BRING CLAIMS AGAINST US ON BEHALF OF ANY ACCOUNTHOLDER WHO IS NOT AN ACCOUNTHOLDER
ON YOUR ACCOUNT, AND YOU AGREE THAT ONLY ACCOUNTHOLDERS ON YOUR ACCOUNT MAY BE JOINED IN A SINGLE ARBITRATION WITH ANY
CLAIM YOU HAVE.
7. PROCEDURES. The party who wants to arbitrate must notify the other party in writing. This notice can be given after the beginning of a lawsuit or in
papers filed in the lawsuit. Otherwise, your notice must be sent to Synchrony Bank, Legal Operation, P.O. Box 29110, Shawnee Mission, KS 66201-5320,
ATTN: ARBITRATION DEMAND. The party seeking arbitration must select either the American Arbitration Association (AAA), 120 Broadway, Floor 21,
New York, NY 10271, www.adr.org, or JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018, www.jamsadr.com, to administer the arbitration. If neither
administrator can handle the dispute, a court with jurisdiction will appoint an arbitrator.
8. The arbitration administrator will appoint the arbitrator and will tell the parties what to do next. The arbitrator must be a lawyer with at least ten years of legal
experience. The arbitrator must apply the same law, consistent with the Federal Arbitration Act (FAA), that would apply to an individual action in court, but may
use different procedural rules. The arbitrator will apply the same statutes of limitation and privileges that a court would apply if the matter were pending in court.
9. The arbitrator may award any damages or other relief or remedies that would apply under applicable law to an individual action brought in court, including, without
limitation, punitive damages (governed by the Constitutional standards employed by the courts) and injunctive, equitable and declaratory relief (but only in favor
of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim). The parties will bear the fees and
costs of their attorneys, witnesses and experts. However, the arbitrator will have the authority to award fees and costs of attorneys, witnesses and experts to the
extent permitted by the Agreement, the administrator’s rules or applicable law.
10. The arbitration will take place by phone or at a location reasonably convenient to you. If you ask, we will pay all the fees the administrator or arbitrator charges
if you cannot obtain a waiver of fees from the administrator and are acting in good faith. We will pay arbitration costs required by the administrator’s rules or
that are necessary for this Arbitration section to be enforced. Notwithstanding the foregoing, you will be required to advance half of all administrative fees and
arbitrator’s fees (and to be responsible for payment of such fees to the extent not advanced) if you pursue arbitration as part of a group of similar arbitrations,
or if you otherwise seek to participate in a mass arbitration proceeding. If an arbitration already in process is later determined to be part of a mass arbitration
proceeding, we shall have the right to request that the arbitrator order you to reimburse us for fees already paid or advanced.
11. GOVERNING LAW. This Arbitration section is governed by the FAA. Utah law shall apply to the extent state law is relevant under the FAA, unless otherwise
stated herein. The arbitrator’s award will be final and binding, except for any appeal right under the FAA. Any court with jurisdiction may enter judgment upon
the arbitrator’s award. The arbitration award and any judgment confirming it will apply only to the specific case and cannot be used in any other case except to
enforce the award.
12. SURVIVAL. This Arbitration section shall survive the repayment of all amounts owed, the termination, cancellation or suspension of the Agreement or your
account or credit privileges, any legal proceeding, and any bankruptcy by you, to the extent consistent with applicable bankruptcy law. If this Arbitration section
conflicts with the applicable arbitration rules or the other provisions of the Agreement, this Arbitration section shall govern.
13. SEVERABILITY. If any portion of this Arbitration section is held to be invalid or unenforceable, the remaining portions shall nevertheless remain in force with
the following two exceptions. First, if a determination is made that the “No Class Actions” provision is unenforceable, and that determination is not reversed on
appeal, then this Arbitration section shall be void in its entirety. Second, if a court determines that a public injunctive relief claim may proceed notwithstanding the
“No Class Actions” provision, and that determination is not reversed on appeal, then the public injunctive relief claim will be decided by a court, and any individual
claims will be arbitrated. The parties will ask the court to stay the public injunctive relief claim until the other claims have been finally concluded.
14. HOW TO REJECT ARBITRATION. You may reject this Arbitration section. If you do that, a court will resolve any dispute or claim. To reject this section, send
us a notice within 45 days after you open your account or we first provided you with your right to reject this section. The notice must include your name, address,
account number, and personal signature, and must be mailed to Synchrony Bank, P.O. Box 965012, Orlando, FL 32896-5012. This is the only way you can
reject this section. Rejecting this Arbitration section will not affect any other provision of the Agreement. It will also not affect any prior arbitration agreement or
dispute resolution provision between you and us, which will remain in full force and effect. If you don’t reject this Arbitration section, it will be effective as of the
date of the Agreement and will supersede any prior arbitration agreement between you and us that would otherwise be applicable.
SECTION IV: OTHER IMPORTANT INFORMATION
LOWE’S CREDIT CARD ACCOUNT AGREEMENT
This section of the agreement includes state notices, billing rights summary and rewards terms (if applicable) and is not required to be provided as part of the request
for customer agreement.
LOWE’S
[RTWF5357491A]
T&C-PLCC
ORG-3945J
02/24/2012 - 10/02/2017
4
Electronically Filed - CAPE GIRARDEAU (JACKSON) - March 12, 2024 - 09:31 AM
SYNCHRONY BANK
VARIABLE TERMS ADDENDUM
FOR YOUR LOWE'S CREDIT CARD ACCOUNT
Minimum Payment:
Your total minimum payment will be calculated as follows:
A. The greater of:
1. $30, or $41 (which includes any past due amounts) if you have failed to pay the total
minimum payment due by the due date in any one or more of the prior six billing cycles.
OR
2. The sum of:
(a) the following amounts, rounded up to the next highest whole dollar:
(i) 1% of your new balance(excluding any balance associated with a special promotional
purchase with a unique payment calculation) shown on your billing statement plus interest
charged in the current billing cycle on such balance; PLUS
(ii) Any past due amounts; PLUS
(iii) Any late payment fees charged in the current billing cycle; PLUS
(b) Any payment due in connection with a specific promotional purchase with a unique
payment calculation;
PLUS
B. The monthly charges for any optional debt cancellation product you have elected to purchase for your
account.
Your total minimum payment will never be more th
Preview
Electronically Filed - CAPE GIRARDEAU (JACKSON) - March 12, 2024 - 09:31 AM 24CG-AC00468 1234630821, DEP In The Circuit Court of Cape Girardeau County, Missouri Associate Circuit Division Synchrony Bank, Case No. Plaintiff. vs. Division No. Bryan S Welker , Serve at: 3229 CHATEAU DR CAPE GIRARDEAU MO 63701-3441 Defendant. Petition on Breach of Contract and Other Relief Plaintiff states as follows: Count 1 – Breach of Contract 1. Plaintiff Synchrony Bank is a federally chartered savings bank organized and existing under the law. 2. Defendant Bryan S Welker is a resident of Cape Girardeau County, Missouri. 3. Plaintiff and Defendant entered a contract for Plaintiff to provide Defendant with a(n) Lowes® ConsumerCreditCard credit card account (account no. XXXXXXXXXXXX0480) under which Defendant agreed to pay per the terms of the credit card account agreement (“Agreement”). A copy of the Agreement is attached as an exhibit. 4. Plaintiff provided the Agreement to Defendant. 5. Defendant accepted the terms of the Agreement by using the credit card or making payments, and agreed to pay Plaintiff for all amounts due resulting from use of the credit card. 6. Plaintiff has performed, or substantially performed, all of its obligations and conditions This communication is from debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. Page 1 of 3 Electronically Filed - CAPE GIRARDEAU (JACKSON) - March 12, 2024 - 09:31 AM 1234630821, DEP precedent, if any, under the Agreement. 7. Defendant breached the Agreement by failing to make the payments to Plaintiff as required by the Agreement. 8. Plaintiff has been damaged in the amount of $8399.25 per the copy of a statement attached as an exhibit. WHEREFORE, Plaintiff requests judgment against Defendant for $8399.25 and for court costs. Count 2 – Account Stated (Alternative) In the alternative, Plaintiff states as follows: 1. Plaintiff incorporates by reference paragraphs 1 through 3 of Count 1 above. 2. Plaintiff provided Defendant with monthly statements regarding the Lowes® ConsumerCreditCard credit card account demonstrating prior financial transactions. 3. The monthly statements established a correct balance. 4. Defendant did not object or otherwise dispute the balance due on the monthly statements. 5. As a result, Defendant expressly or impliedly agreed that Defendant owes Plaintiff the stated balance due of $8399.25 on the credit card account, per the copy of a statement attached as an exhibit. 6. Defendant failed to pay Plaintiff the agreed balance due. WHEREFORE, Plaintiff requests judgment against Defendant for $8399.25 and for court costs. This communication is from debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. Page 2 of 3 Electronically Filed - CAPE GIRARDEAU (JACKSON) - March 12, 2024 - 09:31 AM 1234630821, DEP KRAMER & FRANK, P.C. By: /s/ John Makhamreh John Makhamreh, MBE# 70687 Attorney for Plaintiff 11960 Westline Industrial Dr. Suite 180 St Louis, MO 63146 Telephone: (314) 991-1177 Fax: (314) 991-0485 E-mail: KFattorneys@lawusa.com To discuss this account, please contact: Duane Prichard (314)754-6217 You may pay online at: https://kramerandfrank.stratuspayments.net Your file number: 1234630821 Certificate of Compliance The undersigned certifies that the original of this document was signed and an electronic copy of it was presented to the Court for filing. /s/ John Makhamreh John Makhamreh Kramer & Frank, PC. This communication is from debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. Page 3 of 3 Electronically Filed - CAPE GIRARDEAU (JACKSON) - March 12, 2024 - 09:31 AM BRYAN S WELKER Account Number ending in 048 0 PAGE 1 of 3 Visit us at lowes.com/eservice or Call: 1-800-568-0156 Payment Information New Balance: $0.00 Payments must be received by 5pm ET on Amount Past Due: $0.00 12/14/2023 if mailed, or by 11:59pm ET on 12/14/2023 for online and phone payments. Total Minimum Payment Due: $1,774.00 Payment Due Date: 12/14/2023 Late Payment Warning: If we do not receive your Total Minimum Payment Due by the Payment Due Date listed above, you may have to pay a late fee up to $41.00. Account Summary Previous Balance as of 11/14/2023 $8,358.25 Credit Limit $7,400 Payments - 1,649.00 Available Credit $0 Other Credits - 8,399.25 Purchases/Debits + 1,649.00 Fees Charged + 41.00 New Balance as of 12/12/2023 $0.00 29 Day Billing Cycle from 11/14/2023 to 12/12/2023 7009 A2J 1 3 11 231212 Z X PAGE 1 of 3 9294 0010 S012 O1FH7009 Use blue or black ink, Account Number 048 0 detach & mail with your New Balance $0.00 check. Total Minimum Payment Due $1,774.00 Payment Due Date 12/14/2023 Amount Amount Overlimit Enclosed $ Past Due Amount $0.00 $0.00 No other correspondence please. Print new address or email changes on back. BRYAN S WELKER 3229 CHATEAU DR CPE GIRARDEAU MO 63701-3441 Make LOWE'S/SYNCHRONY BANK Payment PO BOX 669807 to: DALLAS, TX 75266-0759 48003 4266320 000798192 000000000000000 00000000164900 Electronically Filed - CAPE GIRARDEAU (JACKSON) - March 12, 2024 - 09:31 AM Electronically Filed - CAPE GIRARDEAU (JACKSON) - March 12, 2024 - 09:31 AM BRYAN S WELKER Account Number ending in 048 0 PAGE 2 of 3 Visit us at lowes.com/eservice or Call: 1-800-568-0156 Account Balance Summary Expired Payments & Purchases, New Purchase Previous Interest Promotion Balance Type Other Credits Fees & Other Statement Date/Amount Balance Charged (+) Balances* (-) Debits (+) Balance (+/-) Regular - $8,358.25 $8,399.25 $41.00 - - - Total $8,358.25 $8,399.25 $41.00 - - - If you have promotional balances, additional promotional details can be found below in the Promotional Purchase Summary. * Expired promotional balances will display in both the promotional and regular purchases balance row during the month of expiration. Transaction Detail Date Reference Number/ Description Amount Invoice Number Payments - $1,649.00 12/06 AUTOMATIC PAYMENT - THANK YOU -$1,649.00 Other Credits - $8,399.25 12/12 CHARGE OFF ACCOUNT-PRINCIPALS -$7,106.41 12/12 CHARGE OFF ACCOUNT-INTEREST CHARGE -$1,016.84 12/12 CHARGE OFF ACCOUNT - FEES -$276.00 Purchases and Other Debits $1,649.00 12/06 ADJUSTMENT-PAYMENTS $1,649.00 Total Fees Charged This Period $41.00 12/06 LATE FEE $41.00 Total Interest Charged This Period $0.00 12/12 INTEREST CHARGE ON PURCHASES $0.00 2023 Year- to- Date Fees and Interest Total Fees Charged $276.00 Total Interest Charged $1,031.78 Total Interest Paid $14.94 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Type of Expiration Annual Balance Subject to Interest Balance Balance Date Percentage Rate Interest Rate Charge Method Regular Purchases N/A 26.99% $0.00 $0.00 2D Important Account Information If your account has a Deferred Interest promotional balance and you would like a payment to be applied to a specific promotional or non-promotional balance, call Customer Service at 1-800-444-1408, no later than 60 days after the transaction date of your payment as shown on your statement, to learn what options may be available. If you need to contact Synchrony about the loss of a Synchrony cardholder, you can submit a deceased notification form located at www.syf.com under the 'Contact Us' page. Statement not provided to customer. NOTICE: We may convert your payment into an electronic debit. See back of page one for details, Billing Rights and other important information. You can pay your bill online or over the phone. We noticed you've been enjoying our easy paperless payment options, so we will no longer be including return envelopes. You can make things even easier by selecting the paperless statement option on your account online. 7009 A2J 1 3 11 231212 Z X PAGE 2 of 3 9294 0010 S012 O1FH7009 Electronically Filed - CAPE GIRARDEAU (JACKSON) - March 12, 2024 - 09:31 AM PAGE 3 of 3 Visit us at lowes.com/eservice or Call: 1-800-568-0156 7009 A2J 1 3 11 231212 Z X PAGE 3 of 3 9294 0010 S012 O1FH7009 Electronically Filed - CAPE GIRARDEAU (JACKSON) - March 12, 2024 - 09:31 AM Template 07f SYNCHRONY BANK PRICING INFORMATION ADDENDUM FOR YOUR LOWE'S CREDIT CARD ACCOUNT ENDING IN 0480 Interest Rates and Interest Charges Annual Percentage The APR for your purchases is Rate (APR) for 26.99%. Purchases The daily rate for your purchases is 0.07395%. How to Avoid Your due date is at least 23 days after the close of each billing cycle. We will not charge you any Paying Interest interest on purchases if you pay your entire balance by the due date each month. Minimum If you are charged interest, the charge will be no less than $2.00. Interest Charge Fees Penalty Fees • Late Payment Up to $41 The amount of the late payment fee will be equal to: (1) $30 if you have paid at least your total minimum payment due by the due date in each of the prior six billing cycles or (2) $41 if you have failed to pay at least the total minimum payment due by the due date in any one or more of the prior six billing cycles. However, if the late payment fee would exceed the total minimum payment for which the late payment fee is assessed, the amount of the late payment fee will instead be equal to the amount of the total minimum payment that was due. How We Will Calculate Your Balance: We use a method called “daily balance”. PAGE 1 Electronically Filed - CAPE GIRARDEAU (JACKSON) - March 12, 2024 - 09:31 AM LOWE’S [RTWF5357491A] T&C-PLCC ORG-3945J 02/24/2012 - 10/02/2017 SYNCHRONY BANK SECTION I: RATES AND FEES TABLE LOWE’S CREDIT CARD ACCOUNT AGREEMENT Information from Section I of the Lowe’s Credit Card Account Agreement is provided in the accompanying Pricing Information Addendum. SECTION II: RATES, FEES AND PAYMENT INFORMATION LOWE’S CREDIT CARD ACCOUNT AGREEMENT How Interest Is Calculated Your Interest We use a daily rate to calculate the interest on the balance on your account each day. The daily rate is the applicable APR times 1/365. Rate Interest will be imposed in amounts or at rates not in excess of those permitted by applicable law. See the accompanying Pricing Information Addendum for information for your specific APR. When We We charge interest on your purchases from the date you make the purchase until you pay the purchase in full. See exceptions below. Charge Interest • We will not charge you interest during a billing cycle on any purchases if: 1. You had no balance at the start of the billing cycle; OR 2. You had a balance at the start of the billing cycle and you paid that balance in full by the due date in that billing cycle. • We will credit, as of the start of the billing cycle, any payment you make by the due date that we allocate to purchases if: 1. You had no balance at the start of the previous billing cycle; OR 2. You had a balance at the start of the previous billing cycle and you paid that balance in full by the due date in the previous billing cycle. How We We figure the interest charge on your account separately for each balance type. We do this by applying the daily rate to the daily Calculate balance for each day in the billing cycle. A separate daily balance is calculated for the following balance types, as applicable: purchases and balances subject to different interest rates, plans or special promotions. See below for how this works. Interest 1. How to get the daily balance. We take the starting balance each day, add any new charges and fees, and subtract any payments or credits. Credit insurance premiums and debt cancellation fees, if any, are not included in the daily balance. This gives us the daily balance. Late payment fees are treated as new purchases. 2. How to get the daily interest amount. We multiply each daily balance by the daily rate that applies. 3. How to get the starting balance for the next day. We add the daily interest amount in step 2 to the daily balance from step 1. 4. How to get the interest charge for the billing cycle. We add all the daily interest amounts that were charged during the billing cycle. We charge a minimum interest charge in any billing cycle in which you owe interest. This charge is added proportionately to each balance type. See the accompanying Pricing Information Addendum for the amount of your minimum interest charge. How Fees Work Late Payment We will charge this fee if we do not receive the total minimum payment due on your account by 5 p.m. (ET) on the due date. See the Fee accompanying Pricing Information Addendum for the amount of the fee. Minimum Payment Calculation See the accompanying Variable Terms Addendum for how the total minimum payment is calculated. 1 Electronically Filed - CAPE GIRARDEAU (JACKSON) - March 12, 2024 - 09:31 AM Special Promotional Financing Offer Information At times, we may offer you special financing promotions for certain transactions (“special promotions”). The terms of this Agreement apply to any special promotions. However, any special promotional terms that are different than the terms in this Agreement will be explained on promotional advertising. Below is a description of certain special promotions that may be offered: • No Interest if Paid in Full Within 6 Months For each promotion, if the promotional purchase is not paid in full within the promotional period, interest will be imposed from the date of purchase at the APR that applies to your account when the promotional • No Interest if Paid in Full Within 12 Months purchase is made. • No Interest if Paid in Full Within 18 Months This APR will vary with the market based on the prime rate. See the accompanying Pricing Information Addendum for your purchase APR. • No Interest if Paid in Full Within 24 Months When you make a qualifying purchase under one of the promotions shown immediately above, no interest will be assessed on the purchase if you pay the promotional purchase in full within the applicable promotional period. If you do not, interest will be assessed on the promotional purchase from the date of the purchase. Minimum monthly payments are required. OR No Interest for 24 Months For each promotion, after the promotion ends, the APR that applies to your account when the promotional purchase is made will apply. This APR will vary with the market based on the prime rate. See the accompanying Pricing Information No Interest for 36 Months Addendum for your purchase APR. When you make a qualifying purchase under one of the promotions shown immediately above, no interest will be assessed on the purchase during the promotional period and a unique monthly payment will be required equal to at least 4.1667% of your initial promo purchase amount for 24 month promotions, or 2.7778% of such amount for 36 month promotions. For all the promotion types shown above: Regular account terms apply to non-promotional purchases and, after promotion ends, to your promotional purchases. Offers are subject to credit approval. These promotional offers may not be available at all times for all purchases. Please see any special promotion advertising or other disclosures provided to you for the full terms of any special promotion offered. SECTION III: STANDARD PROVISIONS LOWE’S CREDIT CARD ACCOUNT AGREEMENT ABOUT THE CREDIT CARD AGREEMENT This Agreement. This is an Agreement between you and Synchrony Bank, 170 Election Road, Suite 125, Draper, UT 84020, for your credit card account shown above. By opening or using your account, you agree to the terms of the entire Agreement. The entire Agreement includes the four sections of this document and the application you submitted to us in connection with the account. These documents replace any other agreement relating to your account that you or we made earlier or at the same time. Parties To This Agreement. This Agreement applies to each accountholder approved on the account and each of you is responsible for paying the full amount due, no matter which one uses the account. We may treat each of you as one accountholder and may refer to each of you as “you” or “your”. Synchrony Bank may be referred to as “we”, “us” or “our.” Changes To This Agreement. We may change, add or delete terms of this Agreement, including interest rates, fees and charges. Special Promotions. The terms of this Agreement apply to any special promotion. However, any special promotional terms that are different than the terms in this Agreement will be explained on promotional advertising or disclosures provided to you. HOW TO USE YOUR ACCOUNT/CARD Use Of Your Account. You may use your account only for lawful personal, family or household purposes. You may use your account for purchases from Lowe’s locations, including on Lowes.com. In addition to making purchases from Lowe’s in the United States, your card can also be used to make purchases from any Lowe’s store in Canada (each such purchase, a “Canadian Purchase”). See the Important Information About Your Account section for additional terms that will apply to each Canadian Purchase. You Promise To Pay. You promise to pay us for all amounts owed to us under this Agreement. Your Responsibility. Each accountholder will receive a card. You may not allow anyone else to use your account. If you do, or if you ask us to send a card to someone else, you will be responsible for paying for all charges resulting from their transactions. Purchase Limits. To prevent fraud, we may limit the number or dollar amount of any type of purchases you can make in any particular amount of time. We also may decline any particular charge on your account for any reason. Credit Limit. You will be assigned a credit limit that we may increase or decrease from time to time. If we approve a purchase that makes you go over your credit limit, we do not give up any rights under this Agreement and we do not treat it as an increase in either limit. HOW AND WHEN TO MAKE PAYMENTS When Payments Are Due. You must pay at least the total minimum payment due on your account by 5 p.m. (ET) on the due date of each billing cycle. Payments received after 5 p.m. (ET) will be credited as of the next day. You may at any time pay, in whole or in part, the total unpaid balance without any additional charge for prepayment. If you have a balance subject to interest, earlier payment may reduce the amount of interest you will pay. We may delay making credit available on your account in the amount of your payment even though we will credit your payment when we receive it. Payment Options. You can pay by mail, online or at a Lowe’s store. We may allow you to make payments over the phone but we will charge you a fee to make expedited phone payments. Your payment must be made in U.S. dollars by physical or electronic check, money order or a similar instrument from a bank located in the United States. How To Make A Payment. You must follow the instructions for making payments provided on your billing statement. If you do not, credit of your payment may be delayed up to five days. Your billing statement also explains how information on your check is used. Payment Allocation. We will apply the required total minimum payment to balances on your account using any method we choose. Any payment you make in excess of the required total minimum payment will be applied to higher APR balances before lower APR balances. Applicable law may require or permit us to apply excess payments in a different manner in certain situations, such as when your account has a certain type of special promotion. 2 Electronically Filed - CAPE GIRARDEAU (JACKSON) - March 12, 2024 - 09:31 AM INFORMATION ABOUT YOU Using And Sharing Your Information. When you applied for an account, you gave us and Lowe’s Companies, Inc. information about yourself that we could share with each other. Lowe’s Companies, Inc. will use the information in connection with the credit program and for things like creating and updating its records and offering you special benefits. More information about how we use and share information is set forth in the privacy policy for your account. Address/Phone Change. You agree to tell us right away if you change your address or phone number(s). We will contact you at the address or phone number in our records until we update our records with your new address or phone number. Consent To Communications. You consent to us contacting you using all channels of communication and for all purposes. We will use the contact information you provide to us. You also consent to us and any other owner or servicer of your account contacting you using any communication channel. This may include text messages, automatic telephone dialing systems and/or an artificial or prerecorded voice. This consent applies even if you are charged for the call under your phone plan. You are responsible for any charges that may be billed to you by your communications carriers when we contact you. Telephone Monitoring. For quality control, you allow us to listen to and/or record telephone calls between you and us. IMPORTANT INFORMATION ABOUT YOUR ACCOUNT Closing Your Account. You may close your account at any time by sending a letter to the address shown on your billing statement or calling customer service. We may close your account at any time, for any reason. If your account is closed, you must stop using it. You must still pay the full amount you owe and this Agreement will remain in effect until you do. Collection Costs. If we ask an attorney who is not our salaried employee to collect your account, we may charge you our collection costs. These include court costs and reasonable attorneys’ fees. Credit Bureau Reporting. We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be shown in your credit report. Tell us if you think we reported wrong information about you to a credit bureau. Write to us at P.O. Box 965005, Orlando, FL 32896- 5005. Tell us what information is wrong and why you think it is wrong. If you have a copy of the credit report that includes the wrong information, send us a copy. Default. You are in default if you make a late payment, do not follow any other term of this Agreement or become bankrupt or insolvent. If you default or upon your death, we may (a) request payment of the full amount due right away, (b) take legal action to collect the amounts owed, and/or (c) take any other action allowed. Disputed Amounts. The billing rights summary in section IV of this Agreement describes what to do if you think there is a mistake on your bill. If you send us correspondence about a disputed amount or payment, you must send it to the address for billing inquiries. We do not give up any rights under this Agreement if we accept a payment marked “payment in full” or given with any other conditions or limitations. Unauthorized Use. If your card is lost, stolen or used without your consent, call us immediately at 1-800-444-1408. You will not be liable for unauthorized use on your account, but you will be responsible for all use by anyone you give your card to or allow to use your account. Canadian Transactions. The following additional terms will apply to each Canadian Purchase. If you make or return a Canadian Purchase in Canadian dollars, we will convert the transaction amount into U.S. dollars using our currency conversion procedure. Under the currency conversion procedure that we currently use, the Canadian dollar transaction amount is converted into a U.S. dollar amount by multiplying the transaction amount in the Canadian dollar currency by a currency conversion rate. The currency conversion rate that we currently use is a prevailing foreign exchange rate selected in our discretion. The currency conversion rate that we use for a particular transaction is the rate in effect when we do the conversion. This rate may differ from the rate in effect when the Canadian Purchase or return occurred or when it was posted to your account, and may be higher or lower than the rate you could have gotten if you had converted U.S. dollars into Canadian dollars. Returns of Canadian Purchases will be subject to Lowe’s return policies. Under the return policies currently in effect, a Canadian Purchase can only be returned at a Lowe’s store in Canada and cannot be returned at a Lowe’s store in the United States. In the event that a United States Lowe’s store does permit the return or exchange of the Canadian Purchase, the Lowe’s store will not issue a credit to your account for the Canadian Purchase amount. For example, the United States Lowe’s store, in its discretion, may provide you with other merchandise, a gift card or cash in exchange for the Canadian Purchase. The Canadian Purchase amount will continue to be a part of your account balance, and you will remain responsible for paying the Canadian Purchase amount. IMPORTANT INFORMATION ABOUT THIS AGREEMENT Assignment. We may sell, assign or transfer any or all of our rights or duties under this Agreement or your account, including our rights to payments. We do not have to give you prior notice of such action. You may not sell, assign or transfer any of your rights or duties under this Agreement or your account. Enforceability. If any part of this Agreement is found to be void or unenforceable, all other parts of this Agreement will still apply. Governing Law. Except as provided in the Resolving a Dispute with Arbitration section, this Agreement and your account are governed by federal law and, to the extent state law applies, the laws of Utah without regard to its conflicts of law principles. This Agreement has been accepted by us in Utah. Waiver. We may give up some of our rights under this Agreement. If we give up any of our rights in one situation, we do not give up the same right in another situation. RESOLVING A DISPUTE WITH ARBITRATION PLEASE READ THIS SECTION CAREFULLY. IF YOU DO NOT REJECT IT, THIS SECTION WILL APPLY TO YOUR ACCOUNT, AND MOST DISPUTES BETWEEN YOU AND US WILL BE SUBJECT TO INDIVIDUAL ARBITRATION. THIS MEANS THAT: (1) NEITHER A COURT NOR A JURY WILL RESOLVE ANY SUCH DISPUTE; (2) YOU WILL NOT BE ABLE TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING; (3) LESS INFORMATION WILL BE AVAILABLE; AND (4) APPEAL RIGHTS WILL BE LIMITED. 1. CLAIMS AND PARTIES. If either you or we make a demand for arbitration, you and we must arbitrate any dispute or claim between you (including any other user of your account), and us (including our parents, affiliates, agents, employees, officers, and assignees) that directly or indirectly arises from or relates to your account, your account Agreement or our relationship, except as noted below. In addition, AEO, Inc. and/or any assignee, agent, or service provider of ours that collects amounts due on your account are intended beneficiaries of this Arbitration section and may enforce it in full (notwithstanding any state law to the contrary). 2. This Arbitration section broadly covers claims, including counterclaims, based upon contract, tort, consumer rights, fraud and other intentional torts, negligence, constitution, statute, regulation, ordinance, common law and equity and claims for money damages and injunctive or declaratory relief, even if they arose before this section took effect. You may not sell, assign or transfer a claim. 3. Examples of claims subject to arbitration are disputes about an account transaction, fees, charges or interest, the events leading up to the Agreement (such as any disclosures, advertisements, promotions or oral or written statements, warranties or representations made by us), an application for or denial of credit, any product or service provided by us or third parties in connection with the Agreement, credit reporting, benefit programs related to your account including any reward program, the collection of amounts due by our assignees, service providers, or agents and the manner of collection. 4. However, we will not require you to arbitrate any individual case in small claims court or your state’s equivalent court, so long as it remains an individual case in that court. Also, even if all parties have opted to litigate a claim in court, you or we may elect arbitration with respect to any claim made by a new party or any claim later asserted by a party in any related or unrelated lawsuit, including modifying an individual claim to assert a class, representative or multi-party claim. Arbitration may be requested at any time, even where there is a pending lawsuit, unless a trial has begun, or a final judgment entered. 3 Electronically Filed - CAPE GIRARDEAU (JACKSON) - March 12, 2024 - 09:31 AM 5. Only a court will decide disputes about the validity, enforceability, coverage or scope of this Arbitration section or any part thereof. However, any dispute that concerns the validity or enforceability of the Agreement as a whole is for the arbitrator to decide. 6. NO CLASS ACTIONS. IF EITHER YOU OR WE ELECT TO ARBITRATE A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT (A) TO PARTICIPATE IN A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE ACTION IN COURT OR IN ARBITRATION, EITHER AS A CLASS REPRESENTATIVE OR CLASS MEMBER, OR (B) TO JOIN OR CONSOLIDATE CLAIMS WITH CLAIMS OF ANY OTHER PERSONS EXCEPT ACCOUNTHOLDERS ON YOUR ACCOUNT. THUS, YOU MAY NOT BRING CLAIMS AGAINST US ON BEHALF OF ANY ACCOUNTHOLDER WHO IS NOT AN ACCOUNTHOLDER ON YOUR ACCOUNT, AND YOU AGREE THAT ONLY ACCOUNTHOLDERS ON YOUR ACCOUNT MAY BE JOINED IN A SINGLE ARBITRATION WITH ANY CLAIM YOU HAVE. 7. PROCEDURES. The party who wants to arbitrate must notify the other party in writing. This notice can be given after the beginning of a lawsuit or in papers filed in the lawsuit. Otherwise, your notice must be sent to Synchrony Bank, Legal Operation, P.O. Box 29110, Shawnee Mission, KS 66201-5320, ATTN: ARBITRATION DEMAND. The party seeking arbitration must select either the American Arbitration Association (AAA), 120 Broadway, Floor 21, New York, NY 10271, www.adr.org, or JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018, www.jamsadr.com, to administer the arbitration. If neither administrator can handle the dispute, a court with jurisdiction will appoint an arbitrator. 8. The arbitration administrator will appoint the arbitrator and will tell the parties what to do next. The arbitrator must be a lawyer with at least ten years of legal experience. The arbitrator must apply the same law, consistent with the Federal Arbitration Act (FAA), that would apply to an individual action in court, but may use different procedural rules. The arbitrator will apply the same statutes of limitation and privileges that a court would apply if the matter were pending in court. 9. The arbitrator may award any damages or other relief or remedies that would apply under applicable law to an individual action brought in court, including, without limitation, punitive damages (governed by the Constitutional standards employed by the courts) and injunctive, equitable and declaratory relief (but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim). The parties will bear the fees and costs of their attorneys, witnesses and experts. However, the arbitrator will have the authority to award fees and costs of attorneys, witnesses and experts to the extent permitted by the Agreement, the administrator’s rules or applicable law. 10. The arbitration will take place by phone or at a location reasonably convenient to you. If you ask, we will pay all the fees the administrator or arbitrator charges if you cannot obtain a waiver of fees from the administrator and are acting in good faith. We will pay arbitration costs required by the administrator’s rules or that are necessary for this Arbitration section to be enforced. Notwithstanding the foregoing, you will be required to advance half of all administrative fees and arbitrator’s fees (and to be responsible for payment of such fees to the extent not advanced) if you pursue arbitration as part of a group of similar arbitrations, or if you otherwise seek to participate in a mass arbitration proceeding. If an arbitration already in process is later determined to be part of a mass arbitration proceeding, we shall have the right to request that the arbitrator order you to reimburse us for fees already paid or advanced. 11. GOVERNING LAW. This Arbitration section is governed by the FAA. Utah law shall apply to the extent state law is relevant under the FAA, unless otherwise stated herein. The arbitrator’s award will be final and binding, except for any appeal right under the FAA. Any court with jurisdiction may enter judgment upon the arbitrator’s award. The arbitration award and any judgment confirming it will apply only to the specific case and cannot be used in any other case except to enforce the award. 12. SURVIVAL. This Arbitration section shall survive the repayment of all amounts owed, the termination, cancellation or suspension of the Agreement or your account or credit privileges, any legal proceeding, and any bankruptcy by you, to the extent consistent with applicable bankruptcy law. If this Arbitration section conflicts with the applicable arbitration rules or the other provisions of the Agreement, this Arbitration section shall govern. 13. SEVERABILITY. If any portion of this Arbitration section is held to be invalid or unenforceable, the remaining portions shall nevertheless remain in force with the following two exceptions. First, if a determination is made that the “No Class Actions” provision is unenforceable, and that determination is not reversed on appeal, then this Arbitration section shall be void in its entirety. Second, if a court determines that a public injunctive relief claim may proceed notwithstanding the “No Class Actions” provision, and that determination is not reversed on appeal, then the public injunctive relief claim will be decided by a court, and any individual claims will be arbitrated. The parties will ask the court to stay the public injunctive relief claim until the other claims have been finally concluded. 14. HOW TO REJECT ARBITRATION. You may reject this Arbitration section. If you do that, a court will resolve any dispute or claim. To reject this section, send us a notice within 45 days after you open your account or we first provided you with your right to reject this section. The notice must include your name, address, account number, and personal signature, and must be mailed to Synchrony Bank, P.O. Box 965012, Orlando, FL 32896-5012. This is the only way you can reject this section. Rejecting this Arbitration section will not affect any other provision of the Agreement. It will also not affect any prior arbitration agreement or dispute resolution provision between you and us, which will remain in full force and effect. If you don’t reject this Arbitration section, it will be effective as of the date of the Agreement and will supersede any prior arbitration agreement between you and us that would otherwise be applicable. SECTION IV: OTHER IMPORTANT INFORMATION LOWE’S CREDIT CARD ACCOUNT AGREEMENT This section of the agreement includes state notices, billing rights summary and rewards terms (if applicable) and is not required to be provided as part of the request for customer agreement. LOWE’S [RTWF5357491A] T&C-PLCC ORG-3945J 02/24/2012 - 10/02/2017 4 Electronically Filed - CAPE GIRARDEAU (JACKSON) - March 12, 2024 - 09:31 AM SYNCHRONY BANK VARIABLE TERMS ADDENDUM FOR YOUR LOWE'S CREDIT CARD ACCOUNT Minimum Payment: Your total minimum payment will be calculated as follows: A. The greater of: 1. $30, or $41 (which includes any past due amounts) if you have failed to pay the total minimum payment due by the due date in any one or more of the prior six billing cycles. OR 2. The sum of: (a) the following amounts, rounded up to the next highest whole dollar: (i) 1% of your new balance(excluding any balance associated with a special promotional purchase with a unique payment calculation) shown on your billing statement plus interest charged in the current billing cycle on such balance; PLUS (ii) Any past due amounts; PLUS (iii) Any late payment fees charged in the current billing cycle; PLUS (b) Any payment due in connection with a specific promotional purchase with a unique payment calculation; PLUS B. The monthly charges for any optional debt cancellation product you have elected to purchase for your account. Your total minimum payment will never be more th