Preview
FILED: ALBANY COUNTY CLERK 03/13/2024 03:19 PM INDEX NO. 902519-24
TGITCCD09-043018
NYSCEF DOC.
14. CHANGE NO. INFORMATION
OF PERSONAL 3 — You agree to tell us right away of any change in your name, address or telephone numbers. These account opening terms accompany your REDcard credit card account agreement. RECEIVED NYSCEF: 03/13/2024
15. ASSIGNMENT OF ACCOUNT — We may sell, assign or transfer your Account or any receivables created under your Account without notice to you. We will record any transfer in the book entry
system maintained by us for the benefit of you. You may not sell, assign or transfer your Account without first obtaining our written consent. Interest Rates and Interest Charges
16. NO WAIVER — We may waive or delay enforcing any of our rights under this Agreement or under applicable law without losing any of those rights or remedies. Even if we do not enforce our Annual Percentage Rate
rights or remedies at any one time, we may enforce them at a later time.
(APR) for Purchases
24.40%
17. CHANGES TO THIS AGREEMENT — We have the right to change this Agreement (including the right to add additional terms) and to apply those changes to any existing balance on the Account This APR will vary with the market based on the Prime Rate.
as permitted by law. We will provide you with notice of any such changes as required by applicable law.
How to Avoid Paying Your due date is at least 25 days after the close of each billing cycle. We will not charge you
18. NO SECURITY — Your Account is unsecured. We are not taking a security interest in any property in connection with your Account.
Interest interest on purchases if you pay your entire balance by the due date each month.
19. EVIDENCE — You agree that we may use a copy, microfilm, microfiche or digital image of any periodic statement or other document to prove what you owe us and that the copy, microfilm,
microfiche or digital image will have the same validity as the original. Minimum Interest Charge If you are charged interest, the charge will be no less than $1.00.
20. CAPTIONS AND INTERPRETATIONS — The captions used in this Agreement are for convenience only. They do not affect the meaning of the paragraphs in this Agreement.
For Credit Card Tips from To learn more about factors to consider when applying for or
21. SEVERABILITY — If any part of this Agreement is held to be invalid, the rest will remain in effect.
the Consumer Financial using a credit card, visit the website of the Consumer Financial Protection Bureau at
22. ENTIRE AGREEMENT — You agree that this Agreement (as amended and supplemented from time to time) and the application constitute the final expression of the Agreement between you
and us and that this Agreement may not be contradicted by evidence of any prior or contemporaneous or subsequent oral agreement between a representative of ours or a Target employee. Protection Bureau http://www.consumerfinance.gov/learnmore.
Neither a Target store nor Target store employees have authority to change, add to, or explain the terms of this Agreement, except as expressly provided in this Agreement.
Fees
You may at any time pay the unpaid balance of the account in whole or in part without incurring any additional charge for prepayment.
NOTICE TO CALIFORNIA RESIDENTS – Interest is compounded under the terms of this Agreement. Annual Fee
None
NOTICE TO NEW JERSEY RESIDENTS – Because certain provisions of this Agreement are subject to applicable laws, they may be void, unenforceable or inapplicable in some jurisdictions. None of
these provisions, however, is void, unenforceable or inapplicable in New Jersey. Penalty Fees
NOTICE TO WISCONSIN RESIDENTS — If you do not pay on time on two occasions within any 12-month period, we can declare the entire New Balance due and payable after we have given • Late Payment Up to $38
you proper written notice and you have failed to cure the default within fifteen (15) days notice; however, a right to cure does not exist if two defaults have been cured within the preceding
twelve (12) months
• Returned Payment Up to $27
YOUR BILLING RIGHTS How We Will Calculate Your Balance: We use a method called “daily balance.” See your account agreement for more
KEEP THIS DOCUMENT FOR FUTURE USE details.
Billing Rights: Information on your rights to dispute transactions and how to exercise those rights is provided in your
This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act. account agreement.
What To Do If You Find A Mistake On Your Statement
If you think there is an error on your statement, write to us at:
TD Bank USA, N.A.
c/o Target Card Services
P.O. Box 9500
Minneapolis, MN 55440
In your letter, give us the following information:
• Account information: Your name and account number.
• Dollar amount: The dollar amount of the suspected error.
• Description of problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake.
TR-PP-005 Rev.1/18
You must contact us: TD BANK PRIVACY POLICY FOR TARGET CREDIT CARD TGITCCD05-0118
• Within 60 days after the error appeared on your statement.
• At least 3 business days before an automated payment is scheduled, if you want to stop payment on the amount you think is wrong. FACTS WHAT DOES TD BANK USA, N.A. (“TD BANK”) DO WITH YOUR TARGET CREDIT CARD PERSONAL
You must notify us of any potential errors in writing. You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question. INFORMATION?
What Will Happen After We Receive Your Letter
Why? Financial companies choose how they share your personal information. Federal law gives
When we receive your letter, we must do two things:
1. Within 30 days of receiving your letter, we must tell you that we received your letter. We will also tell you if we have already corrected the error.
consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we
2. Within 90 days of receiving your letter, we must either correct the error or explain to you why we believe the bill is correct. collect, share, and protect your personal information. Please read this notice carefully to understand
While we investigate whether or not there has been an error: what we do.
• We cannot try to collect the amount in question, or report you as delinquent on that amount.
What? The types of personal information we collect and share depend on the product or service you have
• The charge in question may remain on your statement, and we may continue to charge you interest on that amount.
with us. This information can include:
• While you do not have to pay the amount in question, you are responsible for the remainder of your balance.
• We can apply any unpaid amount against your credit limit.
- Social Security number and income
After we finish our investigation, one of two things will happen: - account balances and payment history
• If we made a mistake: You will not have to pay the amount in question or any interest or other fees related to that amount. - credit history and credit scores
• If we do not believe there was a mistake: You will have to pay the amount in question, along with applicable interest and fees. We will send you a statement of the amount you owe and the date - account transactions
payment is due. We may then report you as delinquent if you do not pay the amount we think you owe.
How? All financial companies need to share customers’ personal information to run their everyday
If you receive our explanation but still believe your bill is wrong, you must write to us within 10 days telling us that you still refuse to pay. If you do so, we cannot report you as delinquent without also
reporting that you are questioning your bill. We must tell you the name of anyone to whom we reported you as delinquent, and we must let those organizations know when the matter has been settled business. In the section below, we list the reasons financial companies can share their customers’
between us. personal information; the reasons TD Bank chooses to share; and whether you can limit this sharing.
If we do not follow all of the rules above, you do not have to pay the first $50 of the amount you question even if your bill is correct.
Your Rights if You Are Dissatisfied With Your Credit Card Purchases Does TD
Can you limit
If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not Reasons we can share your personal information Bank
this sharing?
to pay the remaining amount due on the purchase. share?
To use this right, all of the following must be true: For our everyday business purposes—
1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are such as to process your transactions, maintain your account(s), respond to Yes No
necessary if your purchase was based on an advertisement Target mailed to you, or if Target or Target.com sold you the goods or services.)
court orders and legal investigations, or report to credit bureaus
2. You must have used your credit card for the purchase.
3. You must not yet have fully paid for the purchase. For our marketing purposes—
Yes No
If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at: to offer our products and services to you
Target Card Services For joint marketing with other financial companies Yes No
P.O. Box 1581
Minneapolis, MN 55440-1581 For our affiliates’ everyday business purposes—
Yes No
information about your transactions and experiences
While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and
you do not pay, we may report you as delinquent. We don’t share
For our affiliates’ everyday business purposes—
No unless you provide
NOTICE TO ACTIVE DUTY SERVICE MEMBERS AND DEPENDENTS information about your creditworthiness
consent
The following important notice applies if you are an active duty service member or a dependent of one at the time you request an Account. For accounts opened on or after October 3, 2017, Federal law We don’t share
provides important protections to members of the Armed Forces and their dependents relating to extensions of consumer credit. In general, the cost of consumer credit to a member of the Armed Forces For our affiliates to market to you No unless you provide
and his or her dependent may not exceed an annual percentage rate of 36 percent. This rate must include, as applicable to the credit transaction or account: The costs associated with credit insurance
premiums; fees for ancillary products sold in connection with the credit transaction; any application fee charged (other than certain application fees for specified credit transactions or accounts); and consent
any participation fee charged (other than certain participation fees for a credit card account). If you would like more information regarding your account, please call us at 1-800-290-3431.
For non-affiliates, other than Target, to market to you Yes Yes
5% REDCARDTM DISCOUNT PROGRAM RULES REDCARDTM EXTENDED RETURNS PROGRAM RULES For Target to market to you. Note: Target is a non-affiliate of TD Bank Yes Yes
When you use your Target Debit CardTM, Target Credit CardTM or TargetTM Mastercard® (each, When you make purchases with your Target Debit CardTM, Target Credit CardTM or TargetTM
a “REDcardTM”) at Target stores or Target.com, you will receive 5% off your purchases. If Mastercard® (each, a “REDcardTM”) at Target stores or Target.com, you will receive 30
additional days to return the purchases beyond the standard return policy applicable to each
you use a REDcard in the same purchase transaction with another form of payment, the 5% To limit - Call toll-free at 1-800-462-8731. Our menu will prompt you through your choice(s).
discount will apply only to the purchase amount tendered to your REDcard. 5% discount of the purchased items. Target reserves the right to discontinue or alter the terms of this
program at any time. REDcard extended returns do not apply to the following: our sharing - Mail the form below.
applies to eligible purchases minus any other discounts and the value of any promotional
Target gift cards received in the transaction. Target reserves the right to discontinue or alter • Target Mobile purchases
the terms of this program at any time.
Please note:
• Purchases with a fixed return date
If you are a new customer, we can begin sharing your information 40 days from the date we send
5% discount does not apply to the following: • Non-returnable items
this notice. When you are no longer our customer, we continue to share your information as
• Prescriptions, over-the-counter items located behind the pharmacy counter and clinic described in this notice. However, you can contact us at any time to limit our sharing.
services at Target REDCARDTM FREE SHIPPING AT TARGET.COM PROGRAM RULES
• Target Optical™ eye exams When you use your Target Debit CardTM, Target Credit CardTM or TargetTM Mastercard® (each, Questions? Call toll-free at 1-800-424-6888
a “REDcardTM) on Target.com, you will receive free shipping on your Target.com purchases
• Target gift cards and prepaid cards, and Stockpile and Gift of College gift cards (Target Debit Card cannot be used on the mobile Target.com website). Offer applies on
• Previous purchases standard shipping to all 50 states and the District of Columbia, as well as APO/FPO
addresses and Puerto Rico. If you upgrade your shipping method, shipping fees will apply. A
• Certain restaurant merchants in Target stores, such as D’Amico & Sons Italian Kitchen, handling fee may apply if an item requires special care during shipment. Select items may
and Pret A Manger require a minimum purchase threshold before the order will be shipped. This offer is not
• Target credit account payments, Target Debit Card cash back and cash advances on the valid on previous orders, or where otherwise prohibited by law. Target reserves the right to
Target Mastercard discontinue or alter the terms of this program at any time.
• Gift wrap and shipping and handling charges on Target.com purchases EXCLUSIVE EXTRAS Mail-in Form
• Wireless protection program purchases and deposits required by mobile carrier REDcard holders will be offered exclusive extras, including special items, gifts and offers
(collectively, “exclusive extras”). Every exclusive extra may not be available to every Mark any/all you want to limit:
• Where otherwise prohibited by law REDcard holder, and the selection of REDcard holders for a specific exclusive extra may be q Do not share my personal information with non-affiliates, other than Target, to market their products and
based on criteria, such as previous purchases or geographic location. The REDcard holder services to me
anniversary offer is an exclusive offer that will be sent to the primary cardholder via email
EARLY ACCESS
REDcard holders will be offered early access to select events, products and promotions
after the REDcard opening anniversary date. To qualify for the anniversary offer, the primary q Do not share my personal information with Target to market their products and services to me†
(collectively, “early access offers”). Every early access offer may not be available to every
cardholder must be signed up for marketing emails from Target and the REDcard must be †This opt out choice does not mean you will stop receiving marketing from Target. If you want to opt out of
in a good standing. Exclusive extras are planned throughout the year at our sole discretion receiving direct mail, telemarketing, or email marketing from Target, please call 1-800-440-0680.
REDcard holder, and the selection of REDcard holders for a specific early access offer may
be based on criteria, such as previous purchases or geographic location. Early access offers and may vary from year to year. Exclusive extras may have limitations and restrictions.
are planned throughout the year at our sole discretion and may vary from year to year. Early Applicable details for a specific exclusive extra will be provided in communications about
access offers may have limitations and restrictions. Applicable details for a specific early the exclusive extra.
Name: _____________________________________________________________________________________________
access offer will be provided in communications about the early access offer.
Account ID #: ___________________________________________________ Mail to:
Address 1: ______________________________________________________ TD Bank, USA, N.A.
Attn: Target Card Services
Address 2: ______________________________________________________
P.O. Box 1331
City, State, ZIP: __________________________________________________ Minneapolis, MN 55440-1331
Phone Number: _________________________________________________
FILED: ALBANY COUNTY CLERK 03/13/2024 03:19 PM INDEX NO. 902519-24
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 03/13/2024
Target Credit Card Agreement
This Agreement explains the terms that you agree to follow for your Target Credit Card Account (“Account”). Your signature on your application or solicitation for this Account, including
without limitation any electronic or digital signature, as well as your signature on sales slips or any Account-related document, represents your signature on this Agreement. The card carrier that
accompanied your Target Credit Card is part of this Agreement. In this Agreement “we,” “us,” “our” and “TD Bank” mean TD Bank USA, N.A., a national bank with its main office located in Delaware,
and its successors and assigns, which is the issuer of the Target Credit Card. “You” and “your” mean everyone who is liable for payment on this Account. “Card” refers to your Target Credit Card.
“Target” means Target Corporation and its affiliates. “PIN” refers to the personal identification number associated with your Card and any other personal identification number you use to authorize
a purchase using the Card, including any PIN or password that you use to access any mobile wallet where you store your Card number. You understand that TD Bank USA, N.A. is the issuer and
Target has the right to service accounts and collect on TD Bank’s behalf.
1. USE OF YOUR ACCOUNT — When you apply for an Account, you promise to be bound by the terms of this Agreement. You promise to pay us for all credit extended under this Agreement and
all other amounts you owe to us according to the terms of this Agreement. If the Account is a joint Account, each of you is bound by this Agreement and each of you jointly and individually
promises to pay us, and may be held liable for, all amounts owed to us on your Account. You also promise to pay us for charges incurred by anyone you allow to use your Account. If you give
your Card to someone and authorize their use of the Card, you must regain possession to terminate their authorized use. This Account may be used only for personal, family or household
purposes. You agree that you will not use or allow use of your Card or Account for any illegal transaction or purpose.
You may only use your Card to make purchases of goods and services (“Purchase(s)”) at Target stores located in the United States and from the Target.com website. You may be required to
enter your PIN to complete a transaction. You will safeguard your Card and all PINs to prevent unauthorized use.
2. CREDIT LIMIT — You agree that we may establish a credit limit for your Account (“Credit Limit”). You agree that we may change a Credit Limit at any time for any reason not prohibited by
law, including, but not limited to, changes in your credit capacity, your pattern of payments to us, or your purchasing behavior. We may also change a Credit Limit based on any information
provided to us by a consumer reporting agency, including your risk score at the consumer reporting agency or information about credit accounts you have with other companies. We may, but
are not required to, approve transactions that exceed your Credit Limit without liability to you and without obligating us to do so in the future. You agree to prevent your Account balance from
exceeding the Credit Limit.
3. SPECIAL PROMOTIONS — Occasionally, you may be provided the opportunity to use your Card or Account in connection with special promotions. These promotions may be subject to terms
and conditions in addition to or different from those provided in this Agreement, which will be described in the special promotion offer. Unless otherwise stated, however, all terms of this
Agreement shall apply to any special promotion.
4. PAYMENTS — We will send you a billing statement each month that your Account has a balance. Your billing statement will show the amount you owe us, which is called the New Balance,
and the smallest amount you have agreed to pay us for that billing period, which is called the Minimum Payment Due. If any portion of the New Balance is delinquent, the statement will show
the Amount Past Due. The statement will also tell you the Payment Due Date.
The Minimum Payment Due each month will equal the greater of a) $27.00; or b) the sum of the following: 1% of your New Balance (rounded to the next higher whole dollar amount), any
Interest Charges, any Returned Payment Fees, and any Late Payment Fees. We may round your Minimum Payment Due to the next higher whole dollar amount. If there is an Amount Past Due,
we will also add that amount and include it in your Minimum Payment Due. If your New Balance is less than $27.00, the Minimum Payment Due will be the entire New Balance. Your minimum
payments will be allocated in our discretion. Payments in excess of the minimum payment will be allocated in accordance with applicable law.
You agree to pay us in United States dollars. If you pay by check, your check must be drawn on a depository institution located in the United States. If you do not pay the New Balance in full,
you agree to pay by your Payment Due Date at least the Minimum Payment Due. You may, at any time, pay the total amount owing on your Account. Payments are posted to your Account in
TR-PP-005 Rev.1/18 a timely manner as required by law. However, we may delay restoring your available Credit Limit in the amount of the payment to make sure we receive the funds.
Page 2 TGITCCD05-0118
At our option, we may obtain payment for any check or other instrument that you send to us by initiating an electronic (including Automated Clearing House) transfer from your depository
Who we are institution account in the amount of your check or instrument. Your check or instrument will not be returned to you by us or by your depository institution. Your depository institution account
may be debited as early as the same day we receive your payment. If we cannot process the electronic transfer or if the electronic transfer is returned to us, we may present the original check
Who is providing This notice is provided by TD Bank solely with respect to your Target Card. This or other instrument, a substitute check, draft or similar instrument to obtain payment.
this notice? notice applies only to your Target Card account issued by TD Bank and does not
apply to any other accounts you have with TD Bank or its affiliates. 5. UNAUTHORIZED USE — If you notice the loss or theft of your Card or PIN, or possible unauthorized use of your Card or PIN, you should write to us immediately at:
Target Card Services
What we do P.O. Box 1581
How does TD Bank To protect your personal information from unauthorized access and use, we use Minneapolis, MN 55440-1581
protect my personal security measures that comply with federal law. These measures include computer Or call us at: 1-800-659-2396
information? safeguards and secured files and buildings. If you notify us by telephone, you agree to confirm your notification in writing. You are not liable for unauthorized use of the Account. You agree to assist us in determining the facts relating
How does TD Bank We collect your personal information, for example, when you: to any theft or possible unauthorized use of your Account and to comply with the procedures we may require for our investigation. All Cards are issued by us to you and you must return or
collect my personal - open an account or give us your contact information destroy your Card if we request you to do so.
information? - use your credit card 6. CREDIT AUTHORIZATIONS — Some transactions will require our prior authorization and you may be asked to provide identification. If our authorization system is not working, we may not be
- provide account information able to authorize a transaction. We will not be liable to you if any of these events happen or for any failure to authorize a transaction. We are also not responsible for the refusal of anyone to
- pay us by check accept your Card.
We also collect your personal information from others, such as credit bureaus, 7. INTEREST CHARGES —
affiliates, or other companies. • ANNUAL PERCENTAGE RATE — Your Annual Percentage Rate and corresponding Daily Periodic Rate may vary with changes in the Prime Rate. If you received a temporary card for your
Why can’t I limit all Federal law gives you the right to limit only: Account, the Annual Perce
Preview
FILED: ALBANY COUNTY CLERK 03/13/2024 03:19 PM INDEX NO. 902519-24 TGITCCD09-043018 NYSCEF DOC. 14. CHANGE NO. INFORMATION OF PERSONAL 3 — You agree to tell us right away of any change in your name, address or telephone numbers. These account opening terms accompany your REDcard credit card account agreement. RECEIVED NYSCEF: 03/13/2024 15. ASSIGNMENT OF ACCOUNT — We may sell, assign or transfer your Account or any receivables created under your Account without notice to you. We will record any transfer in the book entry system maintained by us for the benefit of you. You may not sell, assign or transfer your Account without first obtaining our written consent. Interest Rates and Interest Charges 16. NO WAIVER — We may waive or delay enforcing any of our rights under this Agreement or under applicable law without losing any of those rights or remedies. Even if we do not enforce our Annual Percentage Rate rights or remedies at any one time, we may enforce them at a later time. (APR) for Purchases 24.40% 17. CHANGES TO THIS AGREEMENT — We have the right to change this Agreement (including the right to add additional terms) and to apply those changes to any existing balance on the Account This APR will vary with the market based on the Prime Rate. as permitted by law. We will provide you with notice of any such changes as required by applicable law. How to Avoid Paying Your due date is at least 25 days after the close of each billing cycle. We will not charge you 18. NO SECURITY — Your Account is unsecured. We are not taking a security interest in any property in connection with your Account. Interest interest on purchases if you pay your entire balance by the due date each month. 19. EVIDENCE — You agree that we may use a copy, microfilm, microfiche or digital image of any periodic statement or other document to prove what you owe us and that the copy, microfilm, microfiche or digital image will have the same validity as the original. Minimum Interest Charge If you are charged interest, the charge will be no less than $1.00. 20. CAPTIONS AND INTERPRETATIONS — The captions used in this Agreement are for convenience only. They do not affect the meaning of the paragraphs in this Agreement. For Credit Card Tips from To learn more about factors to consider when applying for or 21. SEVERABILITY — If any part of this Agreement is held to be invalid, the rest will remain in effect. the Consumer Financial using a credit card, visit the website of the Consumer Financial Protection Bureau at 22. ENTIRE AGREEMENT — You agree that this Agreement (as amended and supplemented from time to time) and the application constitute the final expression of the Agreement between you and us and that this Agreement may not be contradicted by evidence of any prior or contemporaneous or subsequent oral agreement between a representative of ours or a Target employee. Protection Bureau http://www.consumerfinance.gov/learnmore. Neither a Target store nor Target store employees have authority to change, add to, or explain the terms of this Agreement, except as expressly provided in this Agreement. Fees You may at any time pay the unpaid balance of the account in whole or in part without incurring any additional charge for prepayment. NOTICE TO CALIFORNIA RESIDENTS – Interest is compounded under the terms of this Agreement. Annual Fee None NOTICE TO NEW JERSEY RESIDENTS – Because certain provisions of this Agreement are subject to applicable laws, they may be void, unenforceable or inapplicable in some jurisdictions. None of these provisions, however, is void, unenforceable or inapplicable in New Jersey. Penalty Fees NOTICE TO WISCONSIN RESIDENTS — If you do not pay on time on two occasions within any 12-month period, we can declare the entire New Balance due and payable after we have given • Late Payment Up to $38 you proper written notice and you have failed to cure the default within fifteen (15) days notice; however, a right to cure does not exist if two defaults have been cured within the preceding twelve (12) months • Returned Payment Up to $27 YOUR BILLING RIGHTS How We Will Calculate Your Balance: We use a method called “daily balance.” See your account agreement for more KEEP THIS DOCUMENT FOR FUTURE USE details. Billing Rights: Information on your rights to dispute transactions and how to exercise those rights is provided in your This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act. account agreement. What To Do If You Find A Mistake On Your Statement If you think there is an error on your statement, write to us at: TD Bank USA, N.A. c/o Target Card Services P.O. Box 9500 Minneapolis, MN 55440 In your letter, give us the following information: • Account information: Your name and account number. • Dollar amount: The dollar amount of the suspected error. • Description of problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake. TR-PP-005 Rev.1/18 You must contact us: TD BANK PRIVACY POLICY FOR TARGET CREDIT CARD TGITCCD05-0118 • Within 60 days after the error appeared on your statement. • At least 3 business days before an automated payment is scheduled, if you want to stop payment on the amount you think is wrong. FACTS WHAT DOES TD BANK USA, N.A. (“TD BANK”) DO WITH YOUR TARGET CREDIT CARD PERSONAL You must notify us of any potential errors in writing. You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question. INFORMATION? What Will Happen After We Receive Your Letter Why? Financial companies choose how they share your personal information. Federal law gives When we receive your letter, we must do two things: 1. Within 30 days of receiving your letter, we must tell you that we received your letter. We will also tell you if we have already corrected the error. consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we 2. Within 90 days of receiving your letter, we must either correct the error or explain to you why we believe the bill is correct. collect, share, and protect your personal information. Please read this notice carefully to understand While we investigate whether or not there has been an error: what we do. • We cannot try to collect the amount in question, or report you as delinquent on that amount. What? The types of personal information we collect and share depend on the product or service you have • The charge in question may remain on your statement, and we may continue to charge you interest on that amount. with us. This information can include: • While you do not have to pay the amount in question, you are responsible for the remainder of your balance. • We can apply any unpaid amount against your credit limit. - Social Security number and income After we finish our investigation, one of two things will happen: - account balances and payment history • If we made a mistake: You will not have to pay the amount in question or any interest or other fees related to that amount. - credit history and credit scores • If we do not believe there was a mistake: You will have to pay the amount in question, along with applicable interest and fees. We will send you a statement of the amount you owe and the date - account transactions payment is due. We may then report you as delinquent if you do not pay the amount we think you owe. How? All financial companies need to share customers’ personal information to run their everyday If you receive our explanation but still believe your bill is wrong, you must write to us within 10 days telling us that you still refuse to pay. If you do so, we cannot report you as delinquent without also reporting that you are questioning your bill. We must tell you the name of anyone to whom we reported you as delinquent, and we must let those organizations know when the matter has been settled business. In the section below, we list the reasons financial companies can share their customers’ between us. personal information; the reasons TD Bank chooses to share; and whether you can limit this sharing. If we do not follow all of the rules above, you do not have to pay the first $50 of the amount you question even if your bill is correct. Your Rights if You Are Dissatisfied With Your Credit Card Purchases Does TD Can you limit If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not Reasons we can share your personal information Bank this sharing? to pay the remaining amount due on the purchase. share? To use this right, all of the following must be true: For our everyday business purposes— 1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are such as to process your transactions, maintain your account(s), respond to Yes No necessary if your purchase was based on an advertisement Target mailed to you, or if Target or Target.com sold you the goods or services.) court orders and legal investigations, or report to credit bureaus 2. You must have used your credit card for the purchase. 3. You must not yet have fully paid for the purchase. For our marketing purposes— Yes No If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at: to offer our products and services to you Target Card Services For joint marketing with other financial companies Yes No P.O. Box 1581 Minneapolis, MN 55440-1581 For our affiliates’ everyday business purposes— Yes No information about your transactions and experiences While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay, we may report you as delinquent. We don’t share For our affiliates’ everyday business purposes— No unless you provide NOTICE TO ACTIVE DUTY SERVICE MEMBERS AND DEPENDENTS information about your creditworthiness consent The following important notice applies if you are an active duty service member or a dependent of one at the time you request an Account. For accounts opened on or after October 3, 2017, Federal law We don’t share provides important protections to members of the Armed Forces and their dependents relating to extensions of consumer credit. In general, the cost of consumer credit to a member of the Armed Forces For our affiliates to market to you No unless you provide and his or her dependent may not exceed an annual percentage rate of 36 percent. This rate must include, as applicable to the credit transaction or account: The costs associated with credit insurance premiums; fees for ancillary products sold in connection with the credit transaction; any application fee charged (other than certain application fees for specified credit transactions or accounts); and consent any participation fee charged (other than certain participation fees for a credit card account). If you would like more information regarding your account, please call us at 1-800-290-3431. For non-affiliates, other than Target, to market to you Yes Yes 5% REDCARDTM DISCOUNT PROGRAM RULES REDCARDTM EXTENDED RETURNS PROGRAM RULES For Target to market to you. Note: Target is a non-affiliate of TD Bank Yes Yes When you use your Target Debit CardTM, Target Credit CardTM or TargetTM Mastercard® (each, When you make purchases with your Target Debit CardTM, Target Credit CardTM or TargetTM a “REDcardTM”) at Target stores or Target.com, you will receive 5% off your purchases. If Mastercard® (each, a “REDcardTM”) at Target stores or Target.com, you will receive 30 additional days to return the purchases beyond the standard return policy applicable to each you use a REDcard in the same purchase transaction with another form of payment, the 5% To limit - Call toll-free at 1-800-462-8731. Our menu will prompt you through your choice(s). discount will apply only to the purchase amount tendered to your REDcard. 5% discount of the purchased items. Target reserves the right to discontinue or alter the terms of this program at any time. REDcard extended returns do not apply to the following: our sharing - Mail the form below. applies to eligible purchases minus any other discounts and the value of any promotional Target gift cards received in the transaction. Target reserves the right to discontinue or alter • Target Mobile purchases the terms of this program at any time. Please note: • Purchases with a fixed return date If you are a new customer, we can begin sharing your information 40 days from the date we send 5% discount does not apply to the following: • Non-returnable items this notice. When you are no longer our customer, we continue to share your information as • Prescriptions, over-the-counter items located behind the pharmacy counter and clinic described in this notice. However, you can contact us at any time to limit our sharing. services at Target REDCARDTM FREE SHIPPING AT TARGET.COM PROGRAM RULES • Target Optical™ eye exams When you use your Target Debit CardTM, Target Credit CardTM or TargetTM Mastercard® (each, Questions? Call toll-free at 1-800-424-6888 a “REDcardTM) on Target.com, you will receive free shipping on your Target.com purchases • Target gift cards and prepaid cards, and Stockpile and Gift of College gift cards (Target Debit Card cannot be used on the mobile Target.com website). Offer applies on • Previous purchases standard shipping to all 50 states and the District of Columbia, as well as APO/FPO addresses and Puerto Rico. If you upgrade your shipping method, shipping fees will apply. A • Certain restaurant merchants in Target stores, such as D’Amico & Sons Italian Kitchen, handling fee may apply if an item requires special care during shipment. Select items may and Pret A Manger require a minimum purchase threshold before the order will be shipped. This offer is not • Target credit account payments, Target Debit Card cash back and cash advances on the valid on previous orders, or where otherwise prohibited by law. Target reserves the right to Target Mastercard discontinue or alter the terms of this program at any time. • Gift wrap and shipping and handling charges on Target.com purchases EXCLUSIVE EXTRAS Mail-in Form • Wireless protection program purchases and deposits required by mobile carrier REDcard holders will be offered exclusive extras, including special items, gifts and offers (collectively, “exclusive extras”). Every exclusive extra may not be available to every Mark any/all you want to limit: • Where otherwise prohibited by law REDcard holder, and the selection of REDcard holders for a specific exclusive extra may be q Do not share my personal information with non-affiliates, other than Target, to market their products and based on criteria, such as previous purchases or geographic location. The REDcard holder services to me anniversary offer is an exclusive offer that will be sent to the primary cardholder via email EARLY ACCESS REDcard holders will be offered early access to select events, products and promotions after the REDcard opening anniversary date. To qualify for the anniversary offer, the primary q Do not share my personal information with Target to market their products and services to me† (collectively, “early access offers”). Every early access offer may not be available to every cardholder must be signed up for marketing emails from Target and the REDcard must be †This opt out choice does not mean you will stop receiving marketing from Target. If you want to opt out of in a good standing. Exclusive extras are planned throughout the year at our sole discretion receiving direct mail, telemarketing, or email marketing from Target, please call 1-800-440-0680. REDcard holder, and the selection of REDcard holders for a specific early access offer may be based on criteria, such as previous purchases or geographic location. Early access offers and may vary from year to year. Exclusive extras may have limitations and restrictions. are planned throughout the year at our sole discretion and may vary from year to year. Early Applicable details for a specific exclusive extra will be provided in communications about access offers may have limitations and restrictions. Applicable details for a specific early the exclusive extra. Name: _____________________________________________________________________________________________ access offer will be provided in communications about the early access offer. Account ID #: ___________________________________________________ Mail to: Address 1: ______________________________________________________ TD Bank, USA, N.A. Attn: Target Card Services Address 2: ______________________________________________________ P.O. Box 1331 City, State, ZIP: __________________________________________________ Minneapolis, MN 55440-1331 Phone Number: _________________________________________________ FILED: ALBANY COUNTY CLERK 03/13/2024 03:19 PM INDEX NO. 902519-24 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 03/13/2024 Target Credit Card Agreement This Agreement explains the terms that you agree to follow for your Target Credit Card Account (“Account”). Your signature on your application or solicitation for this Account, including without limitation any electronic or digital signature, as well as your signature on sales slips or any Account-related document, represents your signature on this Agreement. The card carrier that accompanied your Target Credit Card is part of this Agreement. In this Agreement “we,” “us,” “our” and “TD Bank” mean TD Bank USA, N.A., a national bank with its main office located in Delaware, and its successors and assigns, which is the issuer of the Target Credit Card. “You” and “your” mean everyone who is liable for payment on this Account. “Card” refers to your Target Credit Card. “Target” means Target Corporation and its affiliates. “PIN” refers to the personal identification number associated with your Card and any other personal identification number you use to authorize a purchase using the Card, including any PIN or password that you use to access any mobile wallet where you store your Card number. You understand that TD Bank USA, N.A. is the issuer and Target has the right to service accounts and collect on TD Bank’s behalf. 1. USE OF YOUR ACCOUNT — When you apply for an Account, you promise to be bound by the terms of this Agreement. You promise to pay us for all credit extended under this Agreement and all other amounts you owe to us according to the terms of this Agreement. If the Account is a joint Account, each of you is bound by this Agreement and each of you jointly and individually promises to pay us, and may be held liable for, all amounts owed to us on your Account. You also promise to pay us for charges incurred by anyone you allow to use your Account. If you give your Card to someone and authorize their use of the Card, you must regain possession to terminate their authorized use. This Account may be used only for personal, family or household purposes. You agree that you will not use or allow use of your Card or Account for any illegal transaction or purpose. You may only use your Card to make purchases of goods and services (“Purchase(s)”) at Target stores located in the United States and from the Target.com website. You may be required to enter your PIN to complete a transaction. You will safeguard your Card and all PINs to prevent unauthorized use. 2. CREDIT LIMIT — You agree that we may establish a credit limit for your Account (“Credit Limit”). You agree that we may change a Credit Limit at any time for any reason not prohibited by law, including, but not limited to, changes in your credit capacity, your pattern of payments to us, or your purchasing behavior. We may also change a Credit Limit based on any information provided to us by a consumer reporting agency, including your risk score at the consumer reporting agency or information about credit accounts you have with other companies. We may, but are not required to, approve transactions that exceed your Credit Limit without liability to you and without obligating us to do so in the future. You agree to prevent your Account balance from exceeding the Credit Limit. 3. SPECIAL PROMOTIONS — Occasionally, you may be provided the opportunity to use your Card or Account in connection with special promotions. These promotions may be subject to terms and conditions in addition to or different from those provided in this Agreement, which will be described in the special promotion offer. Unless otherwise stated, however, all terms of this Agreement shall apply to any special promotion. 4. PAYMENTS — We will send you a billing statement each month that your Account has a balance. Your billing statement will show the amount you owe us, which is called the New Balance, and the smallest amount you have agreed to pay us for that billing period, which is called the Minimum Payment Due. If any portion of the New Balance is delinquent, the statement will show the Amount Past Due. The statement will also tell you the Payment Due Date. The Minimum Payment Due each month will equal the greater of a) $27.00; or b) the sum of the following: 1% of your New Balance (rounded to the next higher whole dollar amount), any Interest Charges, any Returned Payment Fees, and any Late Payment Fees. We may round your Minimum Payment Due to the next higher whole dollar amount. If there is an Amount Past Due, we will also add that amount and include it in your Minimum Payment Due. If your New Balance is less than $27.00, the Minimum Payment Due will be the entire New Balance. Your minimum payments will be allocated in our discretion. Payments in excess of the minimum payment will be allocated in accordance with applicable law. You agree to pay us in United States dollars. If you pay by check, your check must be drawn on a depository institution located in the United States. If you do not pay the New Balance in full, you agree to pay by your Payment Due Date at least the Minimum Payment Due. You may, at any time, pay the total amount owing on your Account. Payments are posted to your Account in TR-PP-005 Rev.1/18 a timely manner as required by law. However, we may delay restoring your available Credit Limit in the amount of the payment to make sure we receive the funds. Page 2 TGITCCD05-0118 At our option, we may obtain payment for any check or other instrument that you send to us by initiating an electronic (including Automated Clearing House) transfer from your depository Who we are institution account in the amount of your check or instrument. Your check or instrument will not be returned to you by us or by your depository institution. Your depository institution account may be debited as early as the same day we receive your payment. If we cannot process the electronic transfer or if the electronic transfer is returned to us, we may present the original check Who is providing This notice is provided by TD Bank solely with respect to your Target Card. This or other instrument, a substitute check, draft or similar instrument to obtain payment. this notice? notice applies only to your Target Card account issued by TD Bank and does not apply to any other accounts you have with TD Bank or its affiliates. 5. UNAUTHORIZED USE — If you notice the loss or theft of your Card or PIN, or possible unauthorized use of your Card or PIN, you should write to us immediately at: Target Card Services What we do P.O. Box 1581 How does TD Bank To protect your personal information from unauthorized access and use, we use Minneapolis, MN 55440-1581 protect my personal security measures that comply with federal law. These measures include computer Or call us at: 1-800-659-2396 information? safeguards and secured files and buildings. If you notify us by telephone, you agree to confirm your notification in writing. You are not liable for unauthorized use of the Account. You agree to assist us in determining the facts relating How does TD Bank We collect your personal information, for example, when you: to any theft or possible unauthorized use of your Account and to comply with the procedures we may require for our investigation. All Cards are issued by us to you and you must return or collect my personal - open an account or give us your contact information destroy your Card if we request you to do so. information? - use your credit card 6. CREDIT AUTHORIZATIONS — Some transactions will require our prior authorization and you may be asked to provide identification. If our authorization system is not working, we may not be - provide account information able to authorize a transaction. We will not be liable to you if any of these events happen or for any failure to authorize a transaction. We are also not responsible for the refusal of anyone to - pay us by check accept your Card. We also collect your personal information from others, such as credit bureaus, 7. INTEREST CHARGES — affiliates, or other companies. • ANNUAL PERCENTAGE RATE — Your Annual Percentage Rate and corresponding Daily Periodic Rate may vary with changes in the Prime Rate. If you received a temporary card for your Why can’t I limit all Federal law gives you the right to limit only: Account, the Annual Perce