Preview
System Generated Hearing Date: 10/1/2024 11:00 AM
Location: Court Room 1101
Judge: Allegretti, ) ohn Michael
WWR#040885207
FILED
IN THE CIRCUIT COURT OF COOK COUNTY 3/5/2024 1:31 PM
COUNTY DEPARTMENT, LAW DIVISION IRIS Y. MARTINEZ
CIRCUIT CLERK
COOK COUNTY, IL
UHG I LLC 20241106262
PLAINTIFF, Case No. Courtroom, 1101
26680288
vs. 20241106262
DIAMONIQUE WILLIAMS
Amount Claimed: $1,761.80
DEFENDANT,
COMPLAINT
NOW COMES PLAINTIFF, UHG I LLC, by its attorneys, Weltman, Weinberg & Reis
Co., L.P.A., complains of the Defendant, DIAMONIQUE WILLIAMS, as follows:
1 That at all relevant times herein, Plaintiff, UHG I LLC, (“Plaintiff”) has been
authorized to transact business in the State of Illinois.
2 That at all relevant times herein, Defendant, DIAMONIQUE WILLIAMS (
“Defendant’”) resided in the State of Illinois, and on information and belief, reside(s) in Cook
County, Illinois.
3 Defendant signed and executed a Agreement (hereinafter “Contract”), with
CashNetUSA.
4. The Contract was assigned to Plaintiff for value, and Plaintiff is now the actual
bona fide owner of the Contract.
5. The Credit Card or Debt Buyer Collection Action A ffidavit is attached hereto.
6. A copy of the Contract is attached hereto.
7 Pursuant to the terms of the Contract, Defendant promised to pay principal and
interest on the unpaid balance, in monthly consecutive principal and interest payments as set
forth therein.
W63 Rev 02/2021
8 The Contract is a valid contract, as the Borrower was offered the terms set forth in
the Contract; the Borrower accepted the terms of the Contract and executed the Contract. The
Contract is supported by valid consideration in the amount loaned to the Borrower.
9 The Defendant has breached the Contract for failure to make required monthly
payments under the Contract when due and is therefore in default on the contract.
10. As aresult of Defendant's default on the Contract, Plaintiff has accelerated the
balance due, the entire unpaid principal balance, accrued interest and other fees are due and
owing to Plaintiff.
11. Plaintiff has incurred monetary damages as a result of the Defendant's breach of
the Contract; the balance due as of the date on the attached affidavit is as follows:
Principal balance $1,761.80
Accrued interest $0.00
Other fees $0.00
Total amount due $1,761.80
12. Defendant has been notified of the default on the Contract and has not made any
further payments to Plaintiff despite due demand.
13. Plaintiff has performed all of its obligations set forth in the Contract.
14. This lawsuit was filed within the relevant statute of limitations.
WHEREFORE, Plaintiff, UHG I LLC prays for Judgment against the Defendant,
DIAMONIQUE WILLIAMS, in the amount of $1,761.80, in the amount of $1,761.80 together
with interest from Date of Judgment at the rate of 5.00% per annum and court costs.
Weltman, Weinberg & Reis Co., L.P.A.
Attorney for Plaintiff By: /s| CASEY B. HICKS
180 N LaSalle Street, Suite 2400 CASEY B. HICKS ARDC # 6289784
Chicago, Illinois 60601
Telephone: 312-782-9676
Email: ChicagoLaw@ Weltman.com
Cook # 31495 DuPage # 9676
Peoria # 3725 Winnebago # 6893
W63 Rev 02/2021
WWR #:040885207
CLIENT #: 4057781
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
MUNICIPAL DEPARTMENT
UHG I LLC
Plaintiff,
20241106262
Vv. Case No.
DIAMONIQUE WILLIAMS
Defendant,
CREDIT CARD OR DEBT BUYER COLLECTION AFFIDAVIT
(SUPREME COURT RULE 280.2)
L 4 ni eh , a designated Agent of UHG I LLC, (Plaintiff).
Tam of adult age and am fully authorized by Plaintiff to make the following representations. I am
familiar with the record keeping practices of Plaintiff. The following representations are true according
to documents kept in the normal course of Plaintiff's business and/or my personal knowledge:
1 IDENTIFICATION ABOUT THE CONSUMER DEBT OR ACCOUNT
a. As of charge-off date:
Full name of the Nature of the debt,
Date the account
Full name of the defendant as it Last four digits of (credit card debt,
was opened or the
creditor appears on the the account number payday loan, retail
debt originated
account installment loan, etc.)
(CASHNET DIAMONIQUE 4768 March 22, 2019 INSTALLMENT
[WILLIAMS IPAYDAY LOAN
AGREEMENT
b. Attach one of the following:
{X] The written contract giving rise to the debt that is the subject of this court case (the “Consumer
Debt”).
O The court case is based on an unwritten contract, and attached is a copy of a document
provided to the consumer while the account was active, demonstrating that the consumer debt was
incurred by the consumer. For a revolving credit account, a statement reflecting the charge-off
balance shall be deemed sufficient to satisfy this requirement. The Plaintiff further certifies that it
has in its possession and can produce on request the most recent monthly statement recording a
purchase transaction, last payment, or balance transfer. The statement reflecting the charge-off
balance will not reflect any post charge-off payments or credits by or to the charge-off creditor,
the debt buyer or their attorneys.
c. The most recent activity on the account prior to or after charge-off, includes:
Total Amount of
[Amount of Original]
Date of Last Amount of Last Credits and/or
Debt or Charge-Off] Charge-off Date
Payment Payment Payments Since
Balance
Charge-off Date
$2,286.09 September 6, 2019 N/A N/A $524.29
*Credits or payments made within 30 days of the signing of this affidavit may not be reflected.
2 PROOF OF OWNERSHIP OR RIGHT TO SUE FOR DEBT BUYERS
From (Name) To (Name) Date Assignment
CASHNET UHG I LLC April 30, 2020
(2 Does not apply — Plaintiff is the charge-off creditor.
3 ADDITIONAL ACCOUNT INFORMATION AFTER CHARGE-OFF
Plaintiff is seeking additional amounts after the charge-off date:
KINo
O Yes.
C1 Total amount of interest accrued:
oO Total amount of non-interest charges or fee accrued
L Plaintiff is seeking attorney’s fees in the amount of
Balance due and owning as of date of affidavit: $1,761.80
Under penalties as provided by law under section 1-109 of the Code of Civil Procedure, the undersigned
certifies that the statements set forth in this instrument are true and correct, except as to matters therein
stated to be on information and belief and as to such matters the undersigned certifies as aforesaid that
[s]he verily believes the same to be true.
CAeLlep
Signature of Affiant Date !
2YIG
fax
EXHIBIT A TO CASHNET ADDENDUM
FORM OF ADDENDUM AND BILL OF SALE TO
FORWARD FLOW ACCOUNTS SALE AGREEMENT
ADDENDUM AND BILL OF SALE NUMBER 30 TO
FORWARD FLOW ACCOUNT SALES AGREEMENT
This Addendum and Bill of Sale Number 30 is an addendum to that certain Forward Flow Accounts Sale
Agreement (“Agreement”) dated October 1, 2017, by and between UHG I, LLC, a New York limited
liability company, with its principal place of business at 6400 Sheridan Road, Suite 138, Williamsville,
NY (“Buyer”), and CNU Online Holdings, LLC, a Delaware limited liability company (“CNU”), with
its principal place of business at 175 West Jackson Boulevard, Suite 1000, Chicago, Illinois 60604 on its
own behalf and in its capacity as an authorized agent for each of its wholly-owned domestic subsidiaries
listed on Exhibit A to the Agreement which are separately and collectively referred to herein as the
“CashNet Affiliate(s),” and CNU and all CashNet Affiliates are collectively referred to herein as the
“Seller”). If there are any conflicts or inconsistencies between the terms of this Addendum and Bill of
Sale and the terms of the Agreement and Addendum 1, the terms of this Addendum and Bill of Sale shall
control. Capitalized terms not otherwise defined in this Addendum and Bill of Sale shall have the
meanings assigned to such terms in the Agreement and/or Addendum 1.
Description of Accounts
(Electronic Account Listing) and Account Detail attached hereto as Exhibit “1”
Payday and CSO Loan:
Applicable Purchase Price Percentage: a
Unpaid Balance of all the Accounts: a
Number of Accounts: a
Purchase Price: 7
Installment Loans
Applicable Purchase Price Percentage: a
Unpaid Balance of all the Accounts: a
Number of Accounts: a
Purchase Price: a
OEC Loans
Applicable Purchase Price Percentage: —_
Unpaid Balance of all the Accounts: a
Number of Accounts: =
Purchase Price: a
NO LITIGATION ACCOUNTS
QEC Loans
Applicable Purchase Price Percentage: a
Unpaid Balance of all the Accounts: 7
Number of Accounts: a
Purchase Price: a
ee
Closing Date: April 30, 2020
WIRING INSTRUCTIONS FOR SELLER
Bank Name:
ABA (Routing Number):
Credit Bank Account Name:
ACH Depository Account Number:
Account Description:
Seller hereby sells the Accounts described on Exhibit “1” attached hereto, upon the terms and conditions
set forth above and in the Agreement.
NOW, THEREFORE, for good and valuable consideration, Seller hereby sells, assigns, and transfers to
Buyer all of Seller’s rights, title and interest in each and every one of the Accounts described in the
applicable Exhibit A: provided however, such sale, assignment and transfer is made without any
representations, warranties or recourse, except as provided in the Agreement. Buyer will pay to Seller the
Total Purchase Price, as set forth in the Agreement, no later than June 29, 2020.
IN WITNESS WHEREOF. the parties have signed and delivered this Addendum and Bill of Sale
effective as of April 30, 2020.
Buyer Seller
UHG I, LLC CNU Online Holdings, LLC, on its
own behalf and its capacity as an
authorized agent for each of the CashNet
Affiliates
By: Wo By:
Name: Jacob Adamo Name: Steve Cunningham
Title: coo Title: Chief Financial Officer
EXHIBIT A
CNU AFFILIATES
CashNet Affiliate(s) means a subsidiary or Affiliate as listed as such in Exhibit A to this
Agreement.
NetCredit
A ffiliate(s) means a subsidiary or Affiliate as listed as such in Exhibit A to this
Agreement.
CASHNET AFFILIATE
CNU OF ALABAMA, LLC
CNU OF ALASKA, LLC
CNU OF CALIFORNIA, LLC
CNU OF DELAWARE, LLC
CNU OF FLORIDA, LLC
CNU OF HAWAII, LLC
CNU OF IDAHO, LLC
CNU OF ILLINOIS, LLC
CNU OF IOWA, LLC
CNU OF KANSAS, LLC
CASHNET CSO OF MARYLAND, LLC
CNU OF MAINE, LLC
CNU OF MICHIGAN, LLC
CNU OF MINNESOTA, LLC
CNU OF MISSISSIPPI, LLC
CNU OF MISSOURI, LLC
CNU OF NEVADA, LLC
THE CHECK GIANT NM LLC
CNU OF NORTH DAKOTA, LLC
OHIO CONSUMER FINANCIAL SOLUTIONS, LLC
CNU OF OKLAHOMA, LLC
(CNU OF OREGON, LLC
CNU OF RHODE ISLAND, LLC
CNU OF SOUTH CAROLINA, LLC
CNU OF SOUTH DAKOTA, LLC
CNUE OF TENNESSEE, LLC
CNU OF TEXAS, LLC
CNU OF UTAH, LLC
CNU OF WASHINGTON, LLC
CNU OF WISCONSIN, LLC
CNU OF WYOMING, LLC
NETCREDIT AFFILIATE
NC FINANCIAL SOLUTIONS, LLC
NC FINANCIAL SOLUTIONS OF ALABAMA, LLC
NC FINANCIAL SOLUTIONS OF ARIZONA, LLC
NC FINANCIAL SOLUTIONS OF CALIFORNIA, LLC
CREDITME, LLC
NC FINANCIAL SOLUTIONS OF DELAWARE, LLC
NC FINANCIAL SOLUTIONS OF FLORIDA, LLC
NC FINANCIAL SOLUTIONS OF GEORGIA, LLC
NC FINANCIAL SOLUTIONS OF IDAHO, LLC
NC FINANCIAL SOLUTIONS OF ILLINOIS, LLC
NC FINANCIAL SOLUTIONS OF INDIANA, LLC
NC FINANCIAL SOLUTIONS OF KANSAS, LLC
NC FINANCIAL SOLUTIONS OF LOUISIANA, LLC
NC FINANCIAL SOLUTIONS OF MARYLAND, LLC
NC FINANCIAL SOLUTIONS OF MISSISSIPPI, LLC
NC FINANCIAL SOLUTIONS OF MISSOURI, LLC
NC FINANCIAL SOLUTIONS OF MONTANA, LLC
NC FINANCIAL SOLUTIONS OF NEVADA, LLC
NC FINANCIAL SOLUTIONS OF NEW HAMPSHIRE, LLC
NC FINANCIAL SOLUTIONS OF NEW JERSEY, LLC
NC FINANCIAL SOLUTIONS OF NEW MEXICO, LLC
NC FINANCIAL SOLUTIONS OF NORTH DAKOTA, LLC
NC FINANCIAL SOLUTIONS OF OHIO, LLC
NC FINANCIAL SOLUTIONS OF OREGON, LLC
NC FINANCIAL SOLUTIONS OF RHODE ISLAND, LLC
NC FINANCIAL SOLUTIONS OF SOUTH CAROLINA, LLC
NC FINANCIAL SOLUTIONS OF SOUTH DAKOTA, LLC
NC FINANCIAL SOLUTIONS OF TENNESSEE, LLC
NC FINANCIAL SOLUTIONS OF TEXAS, LLC
NC FINANCIAL SOLUTIONS OF UTAH, LLC
NC FINANCIAL SOLUTIONS OF VIRGINIA, LLC
NC FINANCIAL SOLUTIONS OF WISCONSIN, LLC
icustomer_id Hc
first_name DIAMONIQUE
last_name WILLIAMS
ssn 382)
birth_date 993)
laddress1 [9101S PHILLIPS AVE APT 2
laddress2 Apt 2
bad_address_yes_or_no No
jown_or_rent
icity CHICAGO
ist IL
zip 60617
home_phone 17733664112
lwork_phone 18157440623
mobile_phone
email idiamoniqueaw@outlook.com
bank_name LINCOLN SAVINGS BANK
account_number 6027
routing_number 3033
company_name
company_position
company_phone_number
drivers_license
drivers_license_state
paid_off_loans
last_return_date
last_return_code
last_payment_date
net_monthly_income 1216)
pay_frequency weekly
max_draw_date
jamount_paid
paid_past_12_mo
principal_paid 0
fees_paid 0
interest_paid 0
total_original_principal_amount 1000
first_default_date 4/9/2019
lcurrent_balance 2286.09
ifees_outstanding 1286.09
interest_outstanding 0
principal_oustanding 1000;
check_amount 1000;
nsf_late_fees 25
first_visit 3/21/2019
loan_open_date 3/22/2019}
original_due_date 4/8/2019
charge_off_date 9/6/2019)
debt_age 388)
loan_type_cd installment
ILLINOIS INSTALLMENT PAYDAY LOAN AGREEMENT
Disbursement Date:
Mar 22 2019
Payment Date:
Sep09 2019
Agreement Date:
March 21, 2019
Account #:
768
Loan #:
Hl 6s-0
Type of Contract:
New Loan
LICENSED LENDER'S OFFICE
CNU of Illinois, LLC,
d/b/a CashNetUSA
175 W. Jackson Blvd., Suite 1000, Chicago, IL 60604
(866) 691-7605
BORROWER
DIAMONIQUE WILLIAMS,
9101 S PHILLIPS AVE APT 2
Apt 2
CHICAGO, IL 60617
4112
10623
In this Installment Payday Loan Agreement (hereinafter the 4€ceAgreementd€), the words 4€ceyou,4€ and 4€ceyour,4€
and 4€cela€ mean the borrower who has electronically signed it. The words 4€cewe4€, 4€ceusa€, 4€ceoura€ and
4€ocLendera€ mean CNU of Illinois, LLC d/b/a CashNetUSA, licensed and regulated by the Illinois Department of
Financial and Professional Regulation, Division of Financial Institutions, 100 W. Randolph, Suite 9-100, Chicago, IL
60601.
This Agreement is made pursuant to the Illinois Payday Reform Act, 815 ILCS 122/1-1, et seq.
In order to complete your transaction with us, you must electronically sign this Agreement by clicking the "I Agree"
button below. We will then approve or deny the Agreement. If the Agreement is approved, it will be consummated as
of March 22, 2019 and we will use commercially reasonable efforts to deposit the loan proceeds into Your Bank
Account on the Disbursement Date designated above. We rely on the representations of you and other parties in
determining the Disbursement Date. Despite our best efforts, unavoidable delays as a result of inadvertent processing
errors and/or other events beyond our reasonable control may extend the time of the deposit.
FEDERAL TRUTH IN LENDING DISCLOSURES
| ANNUAL | FINANCE mount
|PERCENTAGE | If ‘Total of Payments
ic HARGE Financed
|RATE
~ J AL LL a
The
t amount |
'The dollar ‘|
|The cost of your
amount the!
of credit | ‘The amount you will have paid after you have made all payments as
credit as a yearly credit will | te vided |
u or Scheduled.
ate.
icost you. \
mn your
|
half. moo
3 $1261.09 $1000.00 $2261.09
‘our payment schedule will be:
Payment Amount of ‘When Payments Are
No. Payments Due
1 |[siss.44 |[o4/08/2019
|[si8s.44 _|os22r2019
3 |[s1ss.44 |[os/osr2019
4 __|[s188.44 |[os/20/2019
ls |[s188.44 |[os'03/2019
lo |[siss.44 ___ |foor72019
7 [siss.44 [ovo12019 _|
ls |[siss.44 lovisro19
9 - |[siss.44 07/29/2019
[10 [siss.44 __[osi2ro19
fu [siss.44 08/26/2019
[12 [188.25 ______ [09/09/2019
Security
‘ou are giving a security interest in the ACH Authorizations for this loan.
[Prepayment
if you pay off your loan early, you will be entitled to a refund of the unearned finance charge.
if you pay off early, you will not have to pay a penalty.
See your contract documents for any additional information about nonpayment, default, any required repayment in
{full before the scheduled date, and prepayment refunds and lack of penalties.
UP: 14/364
Itemization of Amount Financed of $1000.00
1000.00 Amount given directly to you
PROMISE TO PAY AND CALCULATION OF INTEREST
You promise to pay us the Total of Payments set forth in the Federal Truth-in-Lending Disclosures above in
substantially equal and consecutive installments in accordance with the Payment Schedule above. The finance charge
under this Agreement is calculated by applying $15.50 per $100 on the initial principal balance and on the principal
balances scheduled to be outstanding according to the Payment Schedule. You also promise to pay any other charges
provided for under this Agreement.
We will credit any payment made by check or money order as of the date we receive it, if the payment (A) is received
by 5:00 p.m. Central time at the following address: CNU Holdings P.O. Box 206739, Dallas, TX 75320; (B) is paid
with a check drawn in U.S, dollars on a U.S. financial institution or a U.S. dollar money order; and (C) includes your
account number on the memo line or elsewhere on the front of the check. A payment satisfying these requirements
that is received after 5:00 p.m. Central time at the address above on any day (including the payment due date) will be
credited as of the next day. Credit for any other payments may be delayed up to five (5) business days.
INSUFFICIENT FUNDS CHARGE
You agree to pay a charge of up to $25 if your payment is returned unpaid and we incur an expense as a result of the
returned payment.
Consent to Electronic Communications
The following terms and conditions govern electronic communications in connection with this Agreement, the
transaction evidenced hereby and any communications relating to the transaction (the "Consent"). By electronically
signing this Agreement by clicking the "I AGREE" button below, you are confirming that you have agreed to the
terms and conditions of the Consent and that you have downloaded or printed a copy of this Consent for your records.
You agree that:
Any and all communication concerning our decision on your application, the terms of any credit that may be
provided to you, our privacy policy, the status and history of any extension of credit, and any further
disclosures required by federal or state law (the 4€ceDisclosures4€) may be provided through this website or by
email. The Disclosures may include disclosures pursuant to: (1) the federal Equal Credit Opportunity Act and
Regulation B; (2) the federal Fair Credit Reporting Act; (3) the federal Truth in Lending Act and Regulation Z;
(4) the federal Electronic Funds Transfer Act and Regulation E; (5) the federal Gramm-Leach-Bliley Act; (6)
the federal Telephone Consumer Protection Act; and (7) any other applicable federal, state or local law or
regulation.
Your consent applies not only to the application and any resulting extension of credit, but also to any payment
plan or other ancillary agreement related to your extension of credit and to any application for a future
extension of credit.
* To electronically receive, view, save or print the Disclosures, you must have: (1) a personal computer with
Internet access; (2) a widely-used, recent-generation web browser (for example, Internet Explorer, Safari or
Firefox); (3) a widely-used, recent-generation portable document file reader (for example, Adobe Reader); (4)
an email address; and (5) either a printer, hard drive or other storage device.
* You may contact us by mail at 175 W. Jackson Blvd., Suite 1000, Chicago, IL 60604 or phone at (888)
801-9075 to: (i) obtain a paper copy of any communication at no charge; (ii) withdraw your Consent to receive
information electronically; or (iii) change the email address at which you will receive communications from us.
There are no conditions, consequences, or fees associated with withdrawing your consent other than that we
would no longer communicate with you electronically.
CANCELLATION
You may cancel future payment obligations under this Agreement, without cost or finance charges, no later than 5:00
p.m. Central Time on the second business day immediately following the Disbursement Date ("Cancellation
Deadline"). To cancel future payment obligations on this loan, you must inform us in writing, by or before the
Cancellation Deadline, either by email to support@cashnetusa.com or by fax to 866.326.5265, that you want to
cancel the future payment obligations on this loan and that you authorize us to effect a debit entry to Your Account
for the principal amount of the Agreement. In the event that we timely receive your written notice of cancellation on
or before the Cancellation Deadline but before the loan proceeds have been credited to Your Account, we will not
effect a debit entry to Your Account and both our and your obligations under this Agreement will be cancelled. In the
event that we timely receive your written notice of cancellation on or before the Cancellation Deadline but after the
loan proceeds have been credited to Your Account, we will effect a debit to Your Account for the principal amount of
the Agreement. If we receive payment of the principal amount via the debit, our and your obligations under this
Agreement will be cancelled. If we do not receive payment of the principal amount via the debit, then the Agreement
will remain in full force and effect.
PREPAYMENT
You shall have the right to make payment in advance and in any amount on this Agreement at any time. You will not
incur any additional charge, fee or penalty for prepayment, but in order to make a prepayment, you must be current on
your loan and all outstanding charges and past due installments must be paid in full. (See Application of Payments
below). If you prepay in full, then we will refund the unearned finance charge in accordance with Illinois law. To
process a partial or full prepayment or receive a payoff balance, you should call us or tell us in writing via fax
(866-326-5265), e-mail (support@cashnetusa.com), or by logging into our web site, of your intent to prepay. Please
note that the payoff amount will be calculated as of the date we debit Your Bank Account for the balance owing.
APPLICATION OF PAYMENTS
All payments we receive will be applied to outstanding installments (and related insufficient funds charges, if any) in
the order originally scheduled under the Payment Schedule. If you are not past due, (that is, all payments are current),
you may prepay your loan and any such prepayment will be applied to your loan as of the date received (first to
finance charges owing and then to principal). Such prepayment, however, will not be applied to any future
installment, and therefore, you must pay all future installments as originally scheduled. A prepayment in full may
reduce (i) total amount of Finance Charges you are scheduled to pay under this Agreement, (ii) the number of
installments you will have to pay, and/or (iii) the final installment.
ACH AUTHORIZATION FOR YOUR LOAN PROCEEDS
You authorize us to initiate an ACH to credit the checking or savings account specified in your Application/Data
Verification Form (4€ceY our Bank Accounta€) with the proceeds of your loan. In the event that we make an error in
processing this ACH (or any other ACH), you further authorize us to initiate an ACH to correct the error. You
authorize us to initiate credit ACH entries to Your Bank Account as may be necessary to obtain an accurate balance
under this Agreement.
AUTHORIZATION FOR REPAYMENT BY ELECTRONIC FUND
TRANSFERS (ACH DEBITS)
ACH Authorization for Installment Payments, Fees and, in the Event of Acceleration, the
Loan Balance
You authorize us to initiate an electronic fund transfer through the ACH network (or another network of our
choosing)(4€ce:ACH4€) from Your Bank Account for the following:
¢ Each of the installment payments due under the Agreement (or, if you make a partial installment payment, the
amount of the installment less the amount of any such payment) on or after its due date;
+ Any late/delinquency charge and returned payment fee, if permitted by law and provided for in the Agreement,
due to us as a result of a late payment or prior rejected ACH;
« In the event that you default and we declare the entire outstanding balance (the 4€ceAccelerated Balancea€),
including all accrued and unpaid interest and fees that you owe under this Agreement, due and payable, the
Accelerated Balance; and
* The amount required to correct any error we make in processing an ACH.
If any payment cannot be obtained by ACH, you remain responsible for such payment and any resulting fees under
the Agreement. You agree that we may resubmit any returned ACH as permitted by law and network rules. We are
not responsible for any fees you incur in connection with rejected payments. You agree that we do not need to
provide you with advance notice of an ACH we initiate for an installment payment if the amount of the ACH is less
than the installment payment (for example, due to partial payment).
Returned Payments
If your bank returns one or more installment payments as unpaid, you authorize us to confirm Your Bank Account
has sufficient funds to cover payments using a third party service provider. We may elect not to initiate an electronic
fund transfer through the ACH network for some or all of the remaining scheduled installment payments. We will
email you prior to any such due dates to inform you if we elect not to initiate an electronic fund transfer for that
payment. The amount will still be due and payable, and you will be responsible for making alternative payment
arrangements. Our decision not to initiate any electronic fund transfer does not terminate this ACH Authorization.
Modified Charges
Instead of, or in addition to, any of the ACHs described above, you authorize us to process any ACHs you
subsequently confirm by phone, facsimile, text message or email.
Range of Varying Amounts
Please note that you have the right to receive notice of all transfers varying in amount, and that by signing this ACH
Authorization you acknowledge that we have elected to offer you a specified range of amounts for debiting (in lieu of
providing the notice of transfers in varying amounts). The amount of any ACH debit will range from (i) the payment
amount provided in the payment schedule (which may be less than a scheduled payment if partial prepayments have
been made), to (ii) an amount equal to the total outstanding balance (which may be greater than or less than a
payment based upon your actual payments), plus as applicable, any returned payment (NSF) charges you may owe
under the Agreement. For any debit outside of this specified range, we will send you a notice. Therefore, by agreeing
to the terms of this ACH Authorization you are choosing to only receive notice when a transfer amount exceeds the
range specified above.
Dates
You acknowledge and agree that this ACH Authorization is an authorization to initiate an ACH debit entry to Your
Bank Account on each date scheduled in this Agreement and/or thereafter, upon default and acceleration of this
Agreement, and upon the occurrence of any event requiring payment described herein (such as for NSF charges).
Termination
‘You understand and acknowledge that you may terminate this ACH Authorization by notifying us in writing by fax at
866-326-5265 or e-mail at support@cashnetusa.com at least 3 days prior to the effective date of the termination.
Your Bank Account Information
If there is any missing or erroneous information regarding Depository or Your Bank Account then you authorize us to
verify and correct such information. You have given us certain information from Your Bank Account so that we can
verify the account number and routing number and you acknowledge that the account on which your ACH
Authorization is drawn is a legitimate, open, and active account.
Full Force and Effect
This ACH Authorization will remain in full force and effect until (i) we have received written notification from you
of its termination in accordance with the "Termination" paragraph above or (ii) upon full and final payment of the
amount you owe us under this Agreement.
ACH Credit
You authorize us to initiate credit ACH entries to Your Bank Account as may be necessary to reflect the accurate loan
balance under this Agreement.
Optional ACH Debit Authorization
PLEASE NOTE THAT YOU ARE NOT REQUIRED TO SIGN THIS ACH AUTHORIZATION TO ENTER
INTO THIS AGREEMENT. THIS ACH AUTHORIZATION IS FOR YOUR CONVENIENCE IN PAYING
AMOUNTS OWED AND RECEIVING THE LOAN PROCEEDS UNDER THIS AGREEMENT. BY
SIGNING THIS ACH AUTHORIZATION BY CLICKING THE "I AGREE" BUTTON BELOW, YOU
ACKNOWLEDGE THAT YOU ARE VOLUNTARILY CHOOSING TO PAY AMOUNTS OWED AND
RECEIVE YOUR LOAN PROCEEDS ELECTRONICALLY AND THAT YOU ARE CHOOSING ONLY TO
RECEIVE NOTICE OF VARYING TRANSFERS WHEN A TRANSFER EXCEEDS THE RANGE
SPECIFIED ABOVE.
SECURITY
Pursuant to Comment 2(a)(25) of the Federal Reserve Board Official Staff Commentary to Regulation Z A§1026.2,
we have disclosed to you that our interest in the ACH Authorization is a security interest for Truth-in-Lending
purposes only, because federal and Illinois law do not clearly address whether our interest in the ACH Authorization
is a "security interest."
DEFAULT AND ACCELERATION
You will be in default under this Agreement for any of the following reasons: (i) if you do not pay in full a payment
on its scheduled due date; (ii) if you file for protection under the United States Bankruptcy Code, or become subject
to a proceeding which seeks relief from debt; or (iii) if you have made a false or misleading statement about an
important matter in connection with this Agreement, including your application for credit. If you fail to cure such
default, then we may (i) declare the entire outstanding balance that you owe under this Agreement, and if applicable,
any other charges permitted by law immediately due and payable; and (ii) we may proceed to court to reduce our
claim to a judgment in accordance with Illinois law.
NON-WAIVER OF OUR RIGHTS
By choosing any one or more of these remedies, we do not give up our right to use another remedy later. By deciding
not to use any remedy should you be in default, we do not give up our right to consider the event a default if it
happens again. We may delay or refrain from enforcing any of our rights under this Agreement without waiving such
rights. You understand that any waiver of our rights will not be effective unless it is in writing signed by us.
CREDIT REPORTING
We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults
on your account may be reflected in your credit report.
GOVERNING LAW, ASSIGNMENT and EXECUTION
The laws of the State of Illinois will govern this Agreement. However, any dispute arising out of this Agreement will
be subject to the ARBITRATION PROVISION, which is governed by the Federal Arbitration Act ("FAA"). We may
assign or transfer this Agreement or any of our rights hereunder. If we approve this Agreement, then you agree that
this Agreement will be binding and enforceable as to both parties.
ARBITRATION PROVISION
Arbitration is a process in which persons with a dispute(s): (a) agree to submit their dispute(s) to a neutral third
person (an 4€cearbitratora€) for a decision; and (b) waive their rights to file a lawsuit in court to resolve their
dispute(s). Each party to the dispute(s) has an opportunity to present some evidence to the arbitrator. Pre-arbitration
discovery may be limited. Arbitration proceedings are private and less formal than court trials. The arbitrator will
issue a final and binding decision resolving the dispute(s), which may be enforced as a court judgment. A court rarely
overturns an arbitrator's decision.
READ THIS ARBITRATION PROVISION CAREFULLY AS IT WILL HAVE A SUBSTANTIAL IMPACT
ON HOW LEGAL CLAIMS YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED.
YOU HAVE THE RIGHT TO OPT OUT OF (NOT BE BOUND BY) THIS ARBITRATION PROVISION AS
DESCRIBED BELOW. IF YOU DO NOT DO SO:
1. YOU ARE WAIVING YOUR RIGHT TO HAVE A JURY OR A COURT, OTHER THAN A SMALL
CLAIMS COURT OR SIMILAR COURT OF LIMITED JURISDICTION, RESOLVE ANY CLAIM
THAT IS SUBJECT TO ARBITRATION; and
YOU ARE WAIVING YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE
ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, AND/OR TO
PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN COURT OR IN ARBITRATION
WITH RESPECT TO ANY CLAIM THAT IS SUBJECT TO ARBITRATION.
THEREFORE, YOU ACKNOWLEDGE AND AGREE AS FOLLOWS
Interstate Commerce
This Arbitration Provision is made pursuant to a transaction involving interstate commerce and shall be governed by
the Federal Arbitration Act (a€oeFAA4€), 9 U.S.C. A§ 1 et seq., and not by any state arbitration law.
Scope
For purposes of this Arbitration Provision, the word 4€ceClaima€ has the broadest possible meaning and includes,
without limitation (a) all federal or state law claims, disputes or controversies, whether preexisting, present or future,
arising from or relating directly or indirectly to this Agreement, the information you gave us before entering into this
Agreement, including your application, any past agreement or agreements between you and us, any loan or credit
product or related product or service obtained from us and any advice, recommendations, solicitations,
communications, disclosures, promotions or advertisements concerning the same; (b) all initial claims, counterclaims,
cross-claims and third-party claims and claims which arose before the effective date of this Arbitration Provision; (c)
all common law claims, based upon contract, tort, fraud, or other intentional torts; (d) all claims based upon a
violation of any local, state or federal constitution, statute, ordinance or regulation, including without limitation all
claims alleging unfair, deceptive or unconscionable trade practices; (e) all claims asserted by us against you,
including claims for money damages to collect any sum we claim you owe us; (f) all claims asserted by you
individually against us and/or any of our employees, directors, officers, shareholders, governors, managers, members,
parent company or affiliated entities (hereinafter collectively referred to as 4€cerelated third partiesa€), including
claims for money damages, restitution and/or equitable or injunctive relief; (g) claims asserted by you against other
persons and entities if you assert a Claim against such other persons and entities in connection with a Claim you
assert against us; and (h) all data breach or privacy claims arising from or relating directly or indirectly to the
disclosure by us or related third parties of any non-public personal information about you.
Notwithstanding the foregoing, the word 4€ceClaima€ does not include any dispute or controversy about the validity,
enforceability, coverage or scope of this Arbitration Provision or any part thereof (including, without limitation, the
Class Action Waiver set forth below and/or this sentence); all such disputes or controversies are for a court and not an
arbitrator to decide. However, any dispute or controversy that concerns the validity or enforceability of the
Agreement as a whole is for the arbitrator, not a court, to decide. In addition, this Arbitration Provision will not apply
to (1) any individual action brought by you in small claims court or your statea€™s equivalent court, unless such
action is transferred, removed, or appealed to a different court; or (2) any disputes that are the subject of a class action
filed in court that is pending as of the effective date of this Arbitration Provision in which you are alleged to be a
member of the putative class for as long as such class action is pending.
Class Action Waiver
Notwithstanding any other provision of this Arbitration Provision, 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. No arbitrator shall have authority to conduct any arbitration in
violation of this provision or to issue any relief that applies to any person or entity other than you and/or us
individually. (Provided, however, that the Class Action Waiver does not apply to any lawsuit or administrative
proceeding filed against us by a state or federal government agency even when such agency is seeking relief on behalf
of a class of borrowers including you. This means that we will not have the right to compel arbitration of any claim
brought by such an agency). The parties to this Arbitration Provision acknowledge that the Class Action Waiver is
material and essential to the arbitration of any disputes between the parties and is non-severable from this Arbitration
Provision. If the Class Action Waiver is limited, voided or found unenforceable, then the partiesa€™ Arbitration
Provision (except for this sentence) shall be null and void with respect to such proceeding, subject to the right to
appeal the limitation or invalidation of the Class Action Waiver. The parties acknowledge and agree that under no
circumstances will a class action be arbitrated.
Electing Arbitration
A party may elect arbitration of a Claim by sending the other party written notice by certified mail return receipt
requested of their intent to arbitrate and setting forth the subject of the dispute along with the relief requested. Your
notice must be sent to CashNetUSA, Attn.: General Counsel 4€“ Arbitration Notice, 175 W. Jackson Blvd., Suite
1000, Chicago, IL 60604, and our notice must be sent to the most recent address for you in our files. If a lawsuit
conceming the Claim has been filed, such notice can be provided by papers filed in the lawsuit.
Administrator
Regardless of who demands arbitration, you shall have the right to select either of the following arbitration
organizations to administer the arbitration: the American Arbitration Association, 1633 Broadway, 10th Floor, New
York, NY 10019 (1-800-778- 7879), http://www.adr.org; or JAMS, 8401 N. Central Expressway, Suite 610, Dallas,
TX 75225 (1-800-352-5267), http://www.jamsadr.com. However, the parties may agree to select a local arbitrator
who is an attorney, retired judge, or arbitrator registered and in good standing with a bona fide arbitration association
and arbitrate pursuant to the arbitrator's rules. If the AAA and JAMS are unable or unwilling to serve as
administrator, and the parties are unable to agree upon another administrator, a court shall determine the administrator
or arbitrator. The arbitration hearing will take place at a location reasonably convenient to where you reside.
If you demand arbitration, you must inform us in your demand of the arbitration organization you have selected or
whether you desire to select a local arbitrator. If related third parties or we demand arbitration, you must notify us
within 20 days in writing by certified mail, return receipt requested, of your decision to select an arbitration
organization or your desire to select a local arbitrator. Your notice must be sent to CashNetUSA, Attn.: General
Counsel 4€* Arbitrator Selection Notice, 175 W. Jackson Blvd., Suite 1000, Chicago, IL 60604. If you fail to notify
us, then we have the right to select an arbitration organization. The arbitration will be governed by the rules and
procedures of the arbitration organization applicable to individual consumer disputes. You may get a copy of the rules
and procedures by contacting the arbitration organization listed above. In the event of a conflict between the
provisions of this Arbitration Provision, on the one hand, and any applicable rules of the AAA or JAMS or other
administrator used or any other terms of this Agreement, on the other hand, the provisions of this Arbitration
Provision shall control. If a party files a lawsuit in court asserting Claim(s) that are subject to arbitration and the other
party files a motion to compel arbitration with the court which is granted, it will be the responsibility of the party
prosecuting the Claim(s) to select an arbitration administrator in accordance with this paragraph and commence the
arbitration proceeding in accordance with the administratora€™s rules and procedures.
Arbitrator and Award
Any arbitrator must be a practicing attorney with ten or more years of experience or a retired judge. The arbitrator
will not be bound by judicial rules of procedure or evidence that would apply in a court, nor by state or local laws that
relate to arbitration proceedings. The arbitrator will apply the same statutes of limitation and privileges that a court
would apply if the matter were pending in court. The arbitrator may decide, with or without a hearing, any motion
that is substantially similar to a motion to dismiss for failure to state a claim or a motion for summary judgment. In
determining liability or awarding damages or other relief, the arbitrator will follow the applicable substantive law,
consistent with the FAA, that would apply if the matter had been brought in court. 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 (which shall be 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 partya€™s individual claim).
Fees and Costs
At your
Preview
System Generated Hearing Date: 10/1/2024 11:00 AM Location: Court Room 1101 Judge: Allegretti, ) ohn Michael WWR#040885207 FILED IN THE CIRCUIT COURT OF COOK COUNTY 3/5/2024 1:31 PM COUNTY DEPARTMENT, LAW DIVISION IRIS Y. MARTINEZ CIRCUIT CLERK COOK COUNTY, IL UHG I LLC 20241106262 PLAINTIFF, Case No. Courtroom, 1101 26680288 vs. 20241106262 DIAMONIQUE WILLIAMS Amount Claimed: $1,761.80 DEFENDANT, COMPLAINT NOW COMES PLAINTIFF, UHG I LLC, by its attorneys, Weltman, Weinberg & Reis Co., L.P.A., complains of the Defendant, DIAMONIQUE WILLIAMS, as follows: 1 That at all relevant times herein, Plaintiff, UHG I LLC, (“Plaintiff”) has been authorized to transact business in the State of Illinois. 2 That at all relevant times herein, Defendant, DIAMONIQUE WILLIAMS ( “Defendant’”) resided in the State of Illinois, and on information and belief, reside(s) in Cook County, Illinois. 3 Defendant signed and executed a Agreement (hereinafter “Contract”), with CashNetUSA. 4. The Contract was assigned to Plaintiff for value, and Plaintiff is now the actual bona fide owner of the Contract. 5. The Credit Card or Debt Buyer Collection Action A ffidavit is attached hereto. 6. A copy of the Contract is attached hereto. 7 Pursuant to the terms of the Contract, Defendant promised to pay principal and interest on the unpaid balance, in monthly consecutive principal and interest payments as set forth therein. W63 Rev 02/2021 8 The Contract is a valid contract, as the Borrower was offered the terms set forth in the Contract; the Borrower accepted the terms of the Contract and executed the Contract. The Contract is supported by valid consideration in the amount loaned to the Borrower. 9 The Defendant has breached the Contract for failure to make required monthly payments under the Contract when due and is therefore in default on the contract. 10. As aresult of Defendant's default on the Contract, Plaintiff has accelerated the balance due, the entire unpaid principal balance, accrued interest and other fees are due and owing to Plaintiff. 11. Plaintiff has incurred monetary damages as a result of the Defendant's breach of the Contract; the balance due as of the date on the attached affidavit is as follows: Principal balance $1,761.80 Accrued interest $0.00 Other fees $0.00 Total amount due $1,761.80 12. Defendant has been notified of the default on the Contract and has not made any further payments to Plaintiff despite due demand. 13. Plaintiff has performed all of its obligations set forth in the Contract. 14. This lawsuit was filed within the relevant statute of limitations. WHEREFORE, Plaintiff, UHG I LLC prays for Judgment against the Defendant, DIAMONIQUE WILLIAMS, in the amount of $1,761.80, in the amount of $1,761.80 together with interest from Date of Judgment at the rate of 5.00% per annum and court costs. Weltman, Weinberg & Reis Co., L.P.A. Attorney for Plaintiff By: /s| CASEY B. HICKS 180 N LaSalle Street, Suite 2400 CASEY B. HICKS ARDC # 6289784 Chicago, Illinois 60601 Telephone: 312-782-9676 Email: ChicagoLaw@ Weltman.com Cook # 31495 DuPage # 9676 Peoria # 3725 Winnebago # 6893 W63 Rev 02/2021 WWR #:040885207 CLIENT #: 4057781 IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS MUNICIPAL DEPARTMENT UHG I LLC Plaintiff, 20241106262 Vv. Case No. DIAMONIQUE WILLIAMS Defendant, CREDIT CARD OR DEBT BUYER COLLECTION AFFIDAVIT (SUPREME COURT RULE 280.2) L 4 ni eh , a designated Agent of UHG I LLC, (Plaintiff). Tam of adult age and am fully authorized by Plaintiff to make the following representations. I am familiar with the record keeping practices of Plaintiff. The following representations are true according to documents kept in the normal course of Plaintiff's business and/or my personal knowledge: 1 IDENTIFICATION ABOUT THE CONSUMER DEBT OR ACCOUNT a. As of charge-off date: Full name of the Nature of the debt, Date the account Full name of the defendant as it Last four digits of (credit card debt, was opened or the creditor appears on the the account number payday loan, retail debt originated account installment loan, etc.) (CASHNET DIAMONIQUE 4768 March 22, 2019 INSTALLMENT [WILLIAMS IPAYDAY LOAN AGREEMENT b. Attach one of the following: {X] The written contract giving rise to the debt that is the subject of this court case (the “Consumer Debt”). O The court case is based on an unwritten contract, and attached is a copy of a document provided to the consumer while the account was active, demonstrating that the consumer debt was incurred by the consumer. For a revolving credit account, a statement reflecting the charge-off balance shall be deemed sufficient to satisfy this requirement. The Plaintiff further certifies that it has in its possession and can produce on request the most recent monthly statement recording a purchase transaction, last payment, or balance transfer. The statement reflecting the charge-off balance will not reflect any post charge-off payments or credits by or to the charge-off creditor, the debt buyer or their attorneys. c. The most recent activity on the account prior to or after charge-off, includes: Total Amount of [Amount of Original] Date of Last Amount of Last Credits and/or Debt or Charge-Off] Charge-off Date Payment Payment Payments Since Balance Charge-off Date $2,286.09 September 6, 2019 N/A N/A $524.29 *Credits or payments made within 30 days of the signing of this affidavit may not be reflected. 2 PROOF OF OWNERSHIP OR RIGHT TO SUE FOR DEBT BUYERS From (Name) To (Name) Date Assignment CASHNET UHG I LLC April 30, 2020 (2 Does not apply — Plaintiff is the charge-off creditor. 3 ADDITIONAL ACCOUNT INFORMATION AFTER CHARGE-OFF Plaintiff is seeking additional amounts after the charge-off date: KINo O Yes. C1 Total amount of interest accrued: oO Total amount of non-interest charges or fee accrued L Plaintiff is seeking attorney’s fees in the amount of Balance due and owning as of date of affidavit: $1,761.80 Under penalties as provided by law under section 1-109 of the Code of Civil Procedure, the undersigned certifies that the statements set forth in this instrument are true and correct, except as to matters therein stated to be on information and belief and as to such matters the undersigned certifies as aforesaid that [s]he verily believes the same to be true. CAeLlep Signature of Affiant Date ! 2YIG fax EXHIBIT A TO CASHNET ADDENDUM FORM OF ADDENDUM AND BILL OF SALE TO FORWARD FLOW ACCOUNTS SALE AGREEMENT ADDENDUM AND BILL OF SALE NUMBER 30 TO FORWARD FLOW ACCOUNT SALES AGREEMENT This Addendum and Bill of Sale Number 30 is an addendum to that certain Forward Flow Accounts Sale Agreement (“Agreement”) dated October 1, 2017, by and between UHG I, LLC, a New York limited liability company, with its principal place of business at 6400 Sheridan Road, Suite 138, Williamsville, NY (“Buyer”), and CNU Online Holdings, LLC, a Delaware limited liability company (“CNU”), with its principal place of business at 175 West Jackson Boulevard, Suite 1000, Chicago, Illinois 60604 on its own behalf and in its capacity as an authorized agent for each of its wholly-owned domestic subsidiaries listed on Exhibit A to the Agreement which are separately and collectively referred to herein as the “CashNet Affiliate(s),” and CNU and all CashNet Affiliates are collectively referred to herein as the “Seller”). If there are any conflicts or inconsistencies between the terms of this Addendum and Bill of Sale and the terms of the Agreement and Addendum 1, the terms of this Addendum and Bill of Sale shall control. Capitalized terms not otherwise defined in this Addendum and Bill of Sale shall have the meanings assigned to such terms in the Agreement and/or Addendum 1. Description of Accounts (Electronic Account Listing) and Account Detail attached hereto as Exhibit “1” Payday and CSO Loan: Applicable Purchase Price Percentage: a Unpaid Balance of all the Accounts: a Number of Accounts: a Purchase Price: 7 Installment Loans Applicable Purchase Price Percentage: a Unpaid Balance of all the Accounts: a Number of Accounts: a Purchase Price: a OEC Loans Applicable Purchase Price Percentage: —_ Unpaid Balance of all the Accounts: a Number of Accounts: = Purchase Price: a NO LITIGATION ACCOUNTS QEC Loans Applicable Purchase Price Percentage: a Unpaid Balance of all the Accounts: 7 Number of Accounts: a Purchase Price: a ee Closing Date: April 30, 2020 WIRING INSTRUCTIONS FOR SELLER Bank Name: ABA (Routing Number): Credit Bank Account Name: ACH Depository Account Number: Account Description: Seller hereby sells the Accounts described on Exhibit “1” attached hereto, upon the terms and conditions set forth above and in the Agreement. NOW, THEREFORE, for good and valuable consideration, Seller hereby sells, assigns, and transfers to Buyer all of Seller’s rights, title and interest in each and every one of the Accounts described in the applicable Exhibit A: provided however, such sale, assignment and transfer is made without any representations, warranties or recourse, except as provided in the Agreement. Buyer will pay to Seller the Total Purchase Price, as set forth in the Agreement, no later than June 29, 2020. IN WITNESS WHEREOF. the parties have signed and delivered this Addendum and Bill of Sale effective as of April 30, 2020. Buyer Seller UHG I, LLC CNU Online Holdings, LLC, on its own behalf and its capacity as an authorized agent for each of the CashNet Affiliates By: Wo By: Name: Jacob Adamo Name: Steve Cunningham Title: coo Title: Chief Financial Officer EXHIBIT A CNU AFFILIATES CashNet Affiliate(s) means a subsidiary or Affiliate as listed as such in Exhibit A to this Agreement. NetCredit A ffiliate(s) means a subsidiary or Affiliate as listed as such in Exhibit A to this Agreement. CASHNET AFFILIATE CNU OF ALABAMA, LLC CNU OF ALASKA, LLC CNU OF CALIFORNIA, LLC CNU OF DELAWARE, LLC CNU OF FLORIDA, LLC CNU OF HAWAII, LLC CNU OF IDAHO, LLC CNU OF ILLINOIS, LLC CNU OF IOWA, LLC CNU OF KANSAS, LLC CASHNET CSO OF MARYLAND, LLC CNU OF MAINE, LLC CNU OF MICHIGAN, LLC CNU OF MINNESOTA, LLC CNU OF MISSISSIPPI, LLC CNU OF MISSOURI, LLC CNU OF NEVADA, LLC THE CHECK GIANT NM LLC CNU OF NORTH DAKOTA, LLC OHIO CONSUMER FINANCIAL SOLUTIONS, LLC CNU OF OKLAHOMA, LLC (CNU OF OREGON, LLC CNU OF RHODE ISLAND, LLC CNU OF SOUTH CAROLINA, LLC CNU OF SOUTH DAKOTA, LLC CNUE OF TENNESSEE, LLC CNU OF TEXAS, LLC CNU OF UTAH, LLC CNU OF WASHINGTON, LLC CNU OF WISCONSIN, LLC CNU OF WYOMING, LLC NETCREDIT AFFILIATE NC FINANCIAL SOLUTIONS, LLC NC FINANCIAL SOLUTIONS OF ALABAMA, LLC NC FINANCIAL SOLUTIONS OF ARIZONA, LLC NC FINANCIAL SOLUTIONS OF CALIFORNIA, LLC CREDITME, LLC NC FINANCIAL SOLUTIONS OF DELAWARE, LLC NC FINANCIAL SOLUTIONS OF FLORIDA, LLC NC FINANCIAL SOLUTIONS OF GEORGIA, LLC NC FINANCIAL SOLUTIONS OF IDAHO, LLC NC FINANCIAL SOLUTIONS OF ILLINOIS, LLC NC FINANCIAL SOLUTIONS OF INDIANA, LLC NC FINANCIAL SOLUTIONS OF KANSAS, LLC NC FINANCIAL SOLUTIONS OF LOUISIANA, LLC NC FINANCIAL SOLUTIONS OF MARYLAND, LLC NC FINANCIAL SOLUTIONS OF MISSISSIPPI, LLC NC FINANCIAL SOLUTIONS OF MISSOURI, LLC NC FINANCIAL SOLUTIONS OF MONTANA, LLC NC FINANCIAL SOLUTIONS OF NEVADA, LLC NC FINANCIAL SOLUTIONS OF NEW HAMPSHIRE, LLC NC FINANCIAL SOLUTIONS OF NEW JERSEY, LLC NC FINANCIAL SOLUTIONS OF NEW MEXICO, LLC NC FINANCIAL SOLUTIONS OF NORTH DAKOTA, LLC NC FINANCIAL SOLUTIONS OF OHIO, LLC NC FINANCIAL SOLUTIONS OF OREGON, LLC NC FINANCIAL SOLUTIONS OF RHODE ISLAND, LLC NC FINANCIAL SOLUTIONS OF SOUTH CAROLINA, LLC NC FINANCIAL SOLUTIONS OF SOUTH DAKOTA, LLC NC FINANCIAL SOLUTIONS OF TENNESSEE, LLC NC FINANCIAL SOLUTIONS OF TEXAS, LLC NC FINANCIAL SOLUTIONS OF UTAH, LLC NC FINANCIAL SOLUTIONS OF VIRGINIA, LLC NC FINANCIAL SOLUTIONS OF WISCONSIN, LLC icustomer_id Hc first_name DIAMONIQUE last_name WILLIAMS ssn 382) birth_date 993) laddress1 [9101S PHILLIPS AVE APT 2 laddress2 Apt 2 bad_address_yes_or_no No jown_or_rent icity CHICAGO ist IL zip 60617 home_phone 17733664112 lwork_phone 18157440623 mobile_phone email idiamoniqueaw@outlook.com bank_name LINCOLN SAVINGS BANK account_number 6027 routing_number 3033 company_name company_position company_phone_number drivers_license drivers_license_state paid_off_loans last_return_date last_return_code last_payment_date net_monthly_income 1216) pay_frequency weekly max_draw_date jamount_paid paid_past_12_mo principal_paid 0 fees_paid 0 interest_paid 0 total_original_principal_amount 1000 first_default_date 4/9/2019 lcurrent_balance 2286.09 ifees_outstanding 1286.09 interest_outstanding 0 principal_oustanding 1000; check_amount 1000; nsf_late_fees 25 first_visit 3/21/2019 loan_open_date 3/22/2019} original_due_date 4/8/2019 charge_off_date 9/6/2019) debt_age 388) loan_type_cd installment ILLINOIS INSTALLMENT PAYDAY LOAN AGREEMENT Disbursement Date: Mar 22 2019 Payment Date: Sep09 2019 Agreement Date: March 21, 2019 Account #: 768 Loan #: Hl 6s-0 Type of Contract: New Loan LICENSED LENDER'S OFFICE CNU of Illinois, LLC, d/b/a CashNetUSA 175 W. Jackson Blvd., Suite 1000, Chicago, IL 60604 (866) 691-7605 BORROWER DIAMONIQUE WILLIAMS, 9101 S PHILLIPS AVE APT 2 Apt 2 CHICAGO, IL 60617 4112 10623 In this Installment Payday Loan Agreement (hereinafter the 4€ceAgreementd€), the words 4€ceyou,4€ and 4€ceyour,4€ and 4€cela€ mean the borrower who has electronically signed it. The words 4€cewe4€, 4€ceusa€, 4€ceoura€ and 4€ocLendera€ mean CNU of Illinois, LLC d/b/a CashNetUSA, licensed and regulated by the Illinois Department of Financial and Professional Regulation, Division of Financial Institutions, 100 W. Randolph, Suite 9-100, Chicago, IL 60601. This Agreement is made pursuant to the Illinois Payday Reform Act, 815 ILCS 122/1-1, et seq. In order to complete your transaction with us, you must electronically sign this Agreement by clicking the "I Agree" button below. We will then approve or deny the Agreement. If the Agreement is approved, it will be consummated as of March 22, 2019 and we will use commercially reasonable efforts to deposit the loan proceeds into Your Bank Account on the Disbursement Date designated above. We rely on the representations of you and other parties in determining the Disbursement Date. Despite our best efforts, unavoidable delays as a result of inadvertent processing errors and/or other events beyond our reasonable control may extend the time of the deposit. FEDERAL TRUTH IN LENDING DISCLOSURES | ANNUAL | FINANCE mount |PERCENTAGE | If ‘Total of Payments ic HARGE Financed |RATE ~ J AL LL a The t amount | 'The dollar ‘| |The cost of your amount the! of credit | ‘The amount you will have paid after you have made all payments as credit as a yearly credit will | te vided | u or Scheduled. ate. icost you. \ mn your | half. moo 3 $1261.09 $1000.00 $2261.09 ‘our payment schedule will be: Payment Amount of ‘When Payments Are No. Payments Due 1 |[siss.44 |[o4/08/2019 |[si8s.44 _|os22r2019 3 |[s1ss.44 |[os/osr2019 4 __|[s188.44 |[os/20/2019 ls |[s188.44 |[os'03/2019 lo |[siss.44 ___ |foor72019 7 [siss.44 [ovo12019 _| ls |[siss.44 lovisro19 9 - |[siss.44 07/29/2019 [10 [siss.44 __[osi2ro19 fu [siss.44 08/26/2019 [12 [188.25 ______ [09/09/2019 Security ‘ou are giving a security interest in the ACH Authorizations for this loan. [Prepayment if you pay off your loan early, you will be entitled to a refund of the unearned finance charge. if you pay off early, you will not have to pay a penalty. See your contract documents for any additional information about nonpayment, default, any required repayment in {full before the scheduled date, and prepayment refunds and lack of penalties. UP: 14/364 Itemization of Amount Financed of $1000.00 1000.00 Amount given directly to you PROMISE TO PAY AND CALCULATION OF INTEREST You promise to pay us the Total of Payments set forth in the Federal Truth-in-Lending Disclosures above in substantially equal and consecutive installments in accordance with the Payment Schedule above. The finance charge under this Agreement is calculated by applying $15.50 per $100 on the initial principal balance and on the principal balances scheduled to be outstanding according to the Payment Schedule. You also promise to pay any other charges provided for under this Agreement. We will credit any payment made by check or money order as of the date we receive it, if the payment (A) is received by 5:00 p.m. Central time at the following address: CNU Holdings P.O. Box 206739, Dallas, TX 75320; (B) is paid with a check drawn in U.S, dollars on a U.S. financial institution or a U.S. dollar money order; and (C) includes your account number on the memo line or elsewhere on the front of the check. A payment satisfying these requirements that is received after 5:00 p.m. Central time at the address above on any day (including the payment due date) will be credited as of the next day. Credit for any other payments may be delayed up to five (5) business days. INSUFFICIENT FUNDS CHARGE You agree to pay a charge of up to $25 if your payment is returned unpaid and we incur an expense as a result of the returned payment. Consent to Electronic Communications The following terms and conditions govern electronic communications in connection with this Agreement, the transaction evidenced hereby and any communications relating to the transaction (the "Consent"). By electronically signing this Agreement by clicking the "I AGREE" button below, you are confirming that you have agreed to the terms and conditions of the Consent and that you have downloaded or printed a copy of this Consent for your records. You agree that: Any and all communication concerning our decision on your application, the terms of any credit that may be provided to you, our privacy policy, the status and history of any extension of credit, and any further disclosures required by federal or state law (the 4€ceDisclosures4€) may be provided through this website or by email. The Disclosures may include disclosures pursuant to: (1) the federal Equal Credit Opportunity Act and Regulation B; (2) the federal Fair Credit Reporting Act; (3) the federal Truth in Lending Act and Regulation Z; (4) the federal Electronic Funds Transfer Act and Regulation E; (5) the federal Gramm-Leach-Bliley Act; (6) the federal Telephone Consumer Protection Act; and (7) any other applicable federal, state or local law or regulation. Your consent applies not only to the application and any resulting extension of credit, but also to any payment plan or other ancillary agreement related to your extension of credit and to any application for a future extension of credit. * To electronically receive, view, save or print the Disclosures, you must have: (1) a personal computer with Internet access; (2) a widely-used, recent-generation web browser (for example, Internet Explorer, Safari or Firefox); (3) a widely-used, recent-generation portable document file reader (for example, Adobe Reader); (4) an email address; and (5) either a printer, hard drive or other storage device. * You may contact us by mail at 175 W. Jackson Blvd., Suite 1000, Chicago, IL 60604 or phone at (888) 801-9075 to: (i) obtain a paper copy of any communication at no charge; (ii) withdraw your Consent to receive information electronically; or (iii) change the email address at which you will receive communications from us. There are no conditions, consequences, or fees associated with withdrawing your consent other than that we would no longer communicate with you electronically. CANCELLATION You may cancel future payment obligations under this Agreement, without cost or finance charges, no later than 5:00 p.m. Central Time on the second business day immediately following the Disbursement Date ("Cancellation Deadline"). To cancel future payment obligations on this loan, you must inform us in writing, by or before the Cancellation Deadline, either by email to support@cashnetusa.com or by fax to 866.326.5265, that you want to cancel the future payment obligations on this loan and that you authorize us to effect a debit entry to Your Account for the principal amount of the Agreement. In the event that we timely receive your written notice of cancellation on or before the Cancellation Deadline but before the loan proceeds have been credited to Your Account, we will not effect a debit entry to Your Account and both our and your obligations under this Agreement will be cancelled. In the event that we timely receive your written notice of cancellation on or before the Cancellation Deadline but after the loan proceeds have been credited to Your Account, we will effect a debit to Your Account for the principal amount of the Agreement. If we receive payment of the principal amount via the debit, our and your obligations under this Agreement will be cancelled. If we do not receive payment of the principal amount via the debit, then the Agreement will remain in full force and effect. PREPAYMENT You shall have the right to make payment in advance and in any amount on this Agreement at any time. You will not incur any additional charge, fee or penalty for prepayment, but in order to make a prepayment, you must be current on your loan and all outstanding charges and past due installments must be paid in full. (See Application of Payments below). If you prepay in full, then we will refund the unearned finance charge in accordance with Illinois law. To process a partial or full prepayment or receive a payoff balance, you should call us or tell us in writing via fax (866-326-5265), e-mail (support@cashnetusa.com), or by logging into our web site, of your intent to prepay. Please note that the payoff amount will be calculated as of the date we debit Your Bank Account for the balance owing. APPLICATION OF PAYMENTS All payments we receive will be applied to outstanding installments (and related insufficient funds charges, if any) in the order originally scheduled under the Payment Schedule. If you are not past due, (that is, all payments are current), you may prepay your loan and any such prepayment will be applied to your loan as of the date received (first to finance charges owing and then to principal). Such prepayment, however, will not be applied to any future installment, and therefore, you must pay all future installments as originally scheduled. A prepayment in full may reduce (i) total amount of Finance Charges you are scheduled to pay under this Agreement, (ii) the number of installments you will have to pay, and/or (iii) the final installment. ACH AUTHORIZATION FOR YOUR LOAN PROCEEDS You authorize us to initiate an ACH to credit the checking or savings account specified in your Application/Data Verification Form (4€ceY our Bank Accounta€) with the proceeds of your loan. In the event that we make an error in processing this ACH (or any other ACH), you further authorize us to initiate an ACH to correct the error. You authorize us to initiate credit ACH entries to Your Bank Account as may be necessary to obtain an accurate balance under this Agreement. AUTHORIZATION FOR REPAYMENT BY ELECTRONIC FUND TRANSFERS (ACH DEBITS) ACH Authorization for Installment Payments, Fees and, in the Event of Acceleration, the Loan Balance You authorize us to initiate an electronic fund transfer through the ACH network (or another network of our choosing)(4€ce:ACH4€) from Your Bank Account for the following: ¢ Each of the installment payments due under the Agreement (or, if you make a partial installment payment, the amount of the installment less the amount of any such payment) on or after its due date; + Any late/delinquency charge and returned payment fee, if permitted by law and provided for in the Agreement, due to us as a result of a late payment or prior rejected ACH; « In the event that you default and we declare the entire outstanding balance (the 4€ceAccelerated Balancea€), including all accrued and unpaid interest and fees that you owe under this Agreement, due and payable, the Accelerated Balance; and * The amount required to correct any error we make in processing an ACH. If any payment cannot be obtained by ACH, you remain responsible for such payment and any resulting fees under the Agreement. You agree that we may resubmit any returned ACH as permitted by law and network rules. We are not responsible for any fees you incur in connection with rejected payments. You agree that we do not need to provide you with advance notice of an ACH we initiate for an installment payment if the amount of the ACH is less than the installment payment (for example, due to partial payment). Returned Payments If your bank returns one or more installment payments as unpaid, you authorize us to confirm Your Bank Account has sufficient funds to cover payments using a third party service provider. We may elect not to initiate an electronic fund transfer through the ACH network for some or all of the remaining scheduled installment payments. We will email you prior to any such due dates to inform you if we elect not to initiate an electronic fund transfer for that payment. The amount will still be due and payable, and you will be responsible for making alternative payment arrangements. Our decision not to initiate any electronic fund transfer does not terminate this ACH Authorization. Modified Charges Instead of, or in addition to, any of the ACHs described above, you authorize us to process any ACHs you subsequently confirm by phone, facsimile, text message or email. Range of Varying Amounts Please note that you have the right to receive notice of all transfers varying in amount, and that by signing this ACH Authorization you acknowledge that we have elected to offer you a specified range of amounts for debiting (in lieu of providing the notice of transfers in varying amounts). The amount of any ACH debit will range from (i) the payment amount provided in the payment schedule (which may be less than a scheduled payment if partial prepayments have been made), to (ii) an amount equal to the total outstanding balance (which may be greater than or less than a payment based upon your actual payments), plus as applicable, any returned payment (NSF) charges you may owe under the Agreement. For any debit outside of this specified range, we will send you a notice. Therefore, by agreeing to the terms of this ACH Authorization you are choosing to only receive notice when a transfer amount exceeds the range specified above. Dates You acknowledge and agree that this ACH Authorization is an authorization to initiate an ACH debit entry to Your Bank Account on each date scheduled in this Agreement and/or thereafter, upon default and acceleration of this Agreement, and upon the occurrence of any event requiring payment described herein (such as for NSF charges). Termination ‘You understand and acknowledge that you may terminate this ACH Authorization by notifying us in writing by fax at 866-326-5265 or e-mail at support@cashnetusa.com at least 3 days prior to the effective date of the termination. Your Bank Account Information If there is any missing or erroneous information regarding Depository or Your Bank Account then you authorize us to verify and correct such information. You have given us certain information from Your Bank Account so that we can verify the account number and routing number and you acknowledge that the account on which your ACH Authorization is drawn is a legitimate, open, and active account. Full Force and Effect This ACH Authorization will remain in full force and effect until (i) we have received written notification from you of its termination in accordance with the "Termination" paragraph above or (ii) upon full and final payment of the amount you owe us under this Agreement. ACH Credit You authorize us to initiate credit ACH entries to Your Bank Account as may be necessary to reflect the accurate loan balance under this Agreement. Optional ACH Debit Authorization PLEASE NOTE THAT YOU ARE NOT REQUIRED TO SIGN THIS ACH AUTHORIZATION TO ENTER INTO THIS AGREEMENT. THIS ACH AUTHORIZATION IS FOR YOUR CONVENIENCE IN PAYING AMOUNTS OWED AND RECEIVING THE LOAN PROCEEDS UNDER THIS AGREEMENT. BY SIGNING THIS ACH AUTHORIZATION BY CLICKING THE "I AGREE" BUTTON BELOW, YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY CHOOSING TO PAY AMOUNTS OWED AND RECEIVE YOUR LOAN PROCEEDS ELECTRONICALLY AND THAT YOU ARE CHOOSING ONLY TO RECEIVE NOTICE OF VARYING TRANSFERS WHEN A TRANSFER EXCEEDS THE RANGE SPECIFIED ABOVE. SECURITY Pursuant to Comment 2(a)(25) of the Federal Reserve Board Official Staff Commentary to Regulation Z A§1026.2, we have disclosed to you that our interest in the ACH Authorization is a security interest for Truth-in-Lending purposes only, because federal and Illinois law do not clearly address whether our interest in the ACH Authorization is a "security interest." DEFAULT AND ACCELERATION You will be in default under this Agreement for any of the following reasons: (i) if you do not pay in full a payment on its scheduled due date; (ii) if you file for protection under the United States Bankruptcy Code, or become subject to a proceeding which seeks relief from debt; or (iii) if you have made a false or misleading statement about an important matter in connection with this Agreement, including your application for credit. If you fail to cure such default, then we may (i) declare the entire outstanding balance that you owe under this Agreement, and if applicable, any other charges permitted by law immediately due and payable; and (ii) we may proceed to court to reduce our claim to a judgment in accordance with Illinois law. NON-WAIVER OF OUR RIGHTS By choosing any one or more of these remedies, we do not give up our right to use another remedy later. By deciding not to use any remedy should you be in default, we do not give up our right to consider the event a default if it happens again. We may delay or refrain from enforcing any of our rights under this Agreement without waiving such rights. You understand that any waiver of our rights will not be effective unless it is in writing signed by us. CREDIT REPORTING We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. GOVERNING LAW, ASSIGNMENT and EXECUTION The laws of the State of Illinois will govern this Agreement. However, any dispute arising out of this Agreement will be subject to the ARBITRATION PROVISION, which is governed by the Federal Arbitration Act ("FAA"). We may assign or transfer this Agreement or any of our rights hereunder. If we approve this Agreement, then you agree that this Agreement will be binding and enforceable as to both parties. ARBITRATION PROVISION Arbitration is a process in which persons with a dispute(s): (a) agree to submit their dispute(s) to a neutral third person (an 4€cearbitratora€) for a decision; and (b) waive their rights to file a lawsuit in court to resolve their dispute(s). Each party to the dispute(s) has an opportunity to present some evidence to the arbitrator. Pre-arbitration discovery may be limited. Arbitration proceedings are private and less formal than court trials. The arbitrator will issue a final and binding decision resolving the dispute(s), which may be enforced as a court judgment. A court rarely overturns an arbitrator's decision. READ THIS ARBITRATION PROVISION CAREFULLY AS IT WILL HAVE A SUBSTANTIAL IMPACT ON HOW LEGAL CLAIMS YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED. YOU HAVE THE RIGHT TO OPT OUT OF (NOT BE BOUND BY) THIS ARBITRATION PROVISION AS DESCRIBED BELOW. IF YOU DO NOT DO SO: 1. YOU ARE WAIVING YOUR RIGHT TO HAVE A JURY OR A COURT, OTHER THAN A SMALL CLAIMS COURT OR SIMILAR COURT OF LIMITED JURISDICTION, RESOLVE ANY CLAIM THAT IS SUBJECT TO ARBITRATION; and YOU ARE WAIVING YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, AND/OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN COURT OR IN ARBITRATION WITH RESPECT TO ANY CLAIM THAT IS SUBJECT TO ARBITRATION. THEREFORE, YOU ACKNOWLEDGE AND AGREE AS FOLLOWS Interstate Commerce This Arbitration Provision is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (a€oeFAA4€), 9 U.S.C. A§ 1 et seq., and not by any state arbitration law. Scope For purposes of this Arbitration Provision, the word 4€ceClaima€ has the broadest possible meaning and includes, without limitation (a) all federal or state law claims, disputes or controversies, whether preexisting, present or future, arising from or relating directly or indirectly to this Agreement, the information you gave us before entering into this Agreement, including your application, any past agreement or agreements between you and us, any loan or credit product or related product or service obtained from us and any advice, recommendations, solicitations, communications, disclosures, promotions or advertisements concerning the same; (b) all initial claims, counterclaims, cross-claims and third-party claims and claims which arose before the effective date of this Arbitration Provision; (c) all common law claims, based upon contract, tort, fraud, or other intentional torts; (d) all claims based upon a violation of any local, state or federal constitution, statute, ordinance or regulation, including without limitation all claims alleging unfair, deceptive or unconscionable trade practices; (e) all claims asserted by us against you, including claims for money damages to collect any sum we claim you owe us; (f) all claims asserted by you individually against us and/or any of our employees, directors, officers, shareholders, governors, managers, members, parent company or affiliated entities (hereinafter collectively referred to as 4€cerelated third partiesa€), including claims for money damages, restitution and/or equitable or injunctive relief; (g) claims asserted by you against other persons and entities if you assert a Claim against such other persons and entities in connection with a Claim you assert against us; and (h) all data breach or privacy claims arising from or relating directly or indirectly to the disclosure by us or related third parties of any non-public personal information about you. Notwithstanding the foregoing, the word 4€ceClaima€ does not include any dispute or controversy about the validity, enforceability, coverage or scope of this Arbitration Provision or any part thereof (including, without limitation, the Class Action Waiver set forth below and/or this sentence); all such disputes or controversies are for a court and not an arbitrator to decide. However, any dispute or controversy that concerns the validity or enforceability of the Agreement as a whole is for the arbitrator, not a court, to decide. In addition, this Arbitration Provision will not apply to (1) any individual action brought by you in small claims court or your statea€™s equivalent court, unless such action is transferred, removed, or appealed to a different court; or (2) any disputes that are the subject of a class action filed in court that is pending as of the effective date of this Arbitration Provision in which you are alleged to be a member of the putative class for as long as such class action is pending. Class Action Waiver Notwithstanding any other provision of this Arbitration Provision, 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. No arbitrator shall have authority to conduct any arbitration in violation of this provision or to issue any relief that applies to any person or entity other than you and/or us individually. (Provided, however, that the Class Action Waiver does not apply to any lawsuit or administrative proceeding filed against us by a state or federal government agency even when such agency is seeking relief on behalf of a class of borrowers including you. This means that we will not have the right to compel arbitration of any claim brought by such an agency). The parties to this Arbitration Provision acknowledge that the Class Action Waiver is material and essential to the arbitration of any disputes between the parties and is non-severable from this Arbitration Provision. If the Class Action Waiver is limited, voided or found unenforceable, then the partiesa€™ Arbitration Provision (except for this sentence) shall be null and void with respect to such proceeding, subject to the right to appeal the limitation or invalidation of the Class Action Waiver. The parties acknowledge and agree that under no circumstances will a class action be arbitrated. Electing Arbitration A party may elect arbitration of a Claim by sending the other party written notice by certified mail return receipt requested of their intent to arbitrate and setting forth the subject of the dispute along with the relief requested. Your notice must be sent to CashNetUSA, Attn.: General Counsel 4€“ Arbitration Notice, 175 W. Jackson Blvd., Suite 1000, Chicago, IL 60604, and our notice must be sent to the most recent address for you in our files. If a lawsuit conceming the Claim has been filed, such notice can be provided by papers filed in the lawsuit. Administrator Regardless of who demands arbitration, you shall have the right to select either of the following arbitration organizations to administer the arbitration: the American Arbitration Association, 1633 Broadway, 10th Floor, New York, NY 10019 (1-800-778- 7879), http://www.adr.org; or JAMS, 8401 N. Central Expressway, Suite 610, Dallas, TX 75225 (1-800-352-5267), http://www.jamsadr.com. However, the parties may agree to select a local arbitrator who is an attorney, retired judge, or arbitrator registered and in good standing with a bona fide arbitration association and arbitrate pursuant to the arbitrator's rules. If the AAA and JAMS are unable or unwilling to serve as administrator, and the parties are unable to agree upon another administrator, a court shall determine the administrator or arbitrator. The arbitration hearing will take place at a location reasonably convenient to where you reside. If you demand arbitration, you must inform us in your demand of the arbitration organization you have selected or whether you desire to select a local arbitrator. If related third parties or we demand arbitration, you must notify us within 20 days in writing by certified mail, return receipt requested, of your decision to select an arbitration organization or your desire to select a local arbitrator. Your notice must be sent to CashNetUSA, Attn.: General Counsel 4€* Arbitrator Selection Notice, 175 W. Jackson Blvd., Suite 1000, Chicago, IL 60604. If you fail to notify us, then we have the right to select an arbitration organization. The arbitration will be governed by the rules and procedures of the arbitration organization applicable to individual consumer disputes. You may get a copy of the rules and procedures by contacting the arbitration organization listed above. In the event of a conflict between the provisions of this Arbitration Provision, on the one hand, and any applicable rules of the AAA or JAMS or other administrator used or any other terms of this Agreement, on the other hand, the provisions of this Arbitration Provision shall control. If a party files a lawsuit in court asserting Claim(s) that are subject to arbitration and the other party files a motion to compel arbitration with the court which is granted, it will be the responsibility of the party prosecuting the Claim(s) to select an arbitration administrator in accordance with this paragraph and commence the arbitration proceeding in accordance with the administratora€™s rules and procedures. Arbitrator and Award Any arbitrator must be a practicing attorney with ten or more years of experience or a retired judge. The arbitrator will not be bound by judicial rules of procedure or evidence that would apply in a court, nor by state or local laws that relate to arbitration proceedings. The arbitrator will apply the same statutes of limitation and privileges that a court would apply if the matter were pending in court. The arbitrator may decide, with or without a hearing, any motion that is substantially similar to a motion to dismiss for failure to state a claim or a motion for summary judgment. In determining liability or awarding damages or other relief, the arbitrator will follow the applicable substantive law, consistent with the FAA, that would apply if the matter had been brought in court. 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 (which shall be 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 partya€™s individual claim). Fees and Costs At your