Legal Document: SYNCHRONY BANK V CARLA BEAVER (E-CASE)

On March 18, 2024 a Pet Filed in Associate Ct was filed involving a dispute between and for AC Suit on Account in the District Court of Washington County.

Preview
Electronically Filed - WASHINGTON - March 18, 2024 - 10:39 AM
24WA-AC00128
1234631625, JRP

In The Circuit Court of Washington County, Missouri
Associate Circuit Division

Synchrony Bank,
Case No.
Plaintiff.
vs. Division No.

Carla Beaver ,
Serve at:
96 WOODLAND LKS
SULLIVAN MO 63080-9318

Defendant.

Petition on Breach of Contract and Other Relief

Plaintiff states as follows:

Count 1 – Breach of Contract

1. Plaintiff Synchrony Bank is a federally chartered savings bank organized and existing

under the law.

2. Defendant Carla Beaver is a resident of Washington County, Missouri.

3. Plaintiff and Defendant entered a contract for Plaintiff to provide Defendant with a(n)

PayPal MasterCard® credit card account (account no. XXXXXXXXXXXX5863) under which

Defendant agreed to pay per the terms of the credit card account agreement (“Agreement”). A

copy of the Agreement is attached as an exhibit.

4. Plaintiff provided the Agreement to Defendant.

5. Defendant accepted the terms of the Agreement by using the credit card or making

payments, and agreed to pay Plaintiff for all amounts due resulting from use of the credit card.

6. Plaintiff has performed, or substantially performed, all of its obligations and conditions
This communication is from debt collector. This is an attempt to collect a debt and
any information obtained will be used for that purpose.

Page 1 of 3
Electronically Filed - WASHINGTON - March 18, 2024 - 10:39 AM
1234631625, JRP

precedent, if any, under the Agreement.

7. Defendant breached the Agreement by failing to make the payments to Plaintiff as

required by the Agreement.

8. Plaintiff has been damaged in the amount of $13576.89 per the copy of a statement

attached as an exhibit.

WHEREFORE, Plaintiff requests judgment against Defendant for $13576.89 and for

court costs.

Count 2 – Account Stated (Alternative)

In the alternative, Plaintiff states as follows:

1. Plaintiff incorporates by reference paragraphs 1 through 3 of Count 1 above.

2. Plaintiff provided Defendant with monthly statements regarding the PayPal

MasterCard® credit card account demonstrating prior financial transactions.

3. The monthly statements established a correct balance.

4. Defendant did not object or otherwise dispute the balance due on the monthly

statements.

5. As a result, Defendant expressly or impliedly agreed that Defendant owes Plaintiff

the stated balance due of $13576.89 on the credit card account, per the copy of a statement

attached as an exhibit.

6. Defendant failed to pay Plaintiff the agreed balance due.

WHEREFORE, Plaintiff requests judgment against Defendant for $13576.89 and for

court costs.

This communication is from debt collector. This is an attempt to collect a debt and any
information obtained will be used for that purpose.

Page 2 of 3
Electronically Filed - WASHINGTON - March 18, 2024 - 10:39 AM
1234631625, JRP

KRAMER & FRANK, P.C.

By: /s/ Elizabeth J Early
Elizabeth J Early, MBE# 53598
Attorney for Plaintiff
11960 Westline Indsutrial Dr
Suite 180
St. Louis, MO 63146
Telephone: (314) 991-1177
Fax: (314) 991-0485
E-mail: KFattorneys@lawusa.com

To discuss this account, please contact:
Jhoy Padilla
(314)754-6210
You may pay online at: https://kramerandfrank.stratuspayments.net
Your file number: 1234631625

Certificate of Compliance
The undersigned certifies that the original of this document was signed and an electronic
copy of it was presented to the Court for filing.
/s/ Elizabeth J Early
Elizabeth J Early
Kramer & Frank, PC.

This communication is from debt collector. This is an attempt to collect a debt and any
information obtained will be used for that purpose.

Page 3 of 3
Electronically Filed - WASHINGTON - March 18, 2024 - 10:39 AM
CARLA BEAVER Visit us at www.paypal.com
Account Number 5863 PayPal Credit Services:
1-866-437-2914

Summary of Account Activity Payment Information
Previous Balance $13,685.89 New Balance $0.00
- Other Credits $13,726.89 Amount Past Due $0.00
+ Fees Charged $41.00 Total Minimum Payment Due $3,484.00
New Balance $0.00 Payment Due Date 04/27/2023

Credit Limit $12,230.00 Late Payment Warning: If we do not receive your Total
Available Credit $0.00 Minimum Payment Due by the Payment Due Date listed
Cash Limit $2,446.00 above, you may have to pay a late fee up to $41.00.
Available Cash $0.00
Statement Closing Date 04/25/2023
Days in Billing Cycle 28

PayPal Extras Rewards Program Rewards Information
Previous Reward Point Balance 0 Earn 3x points at gas stations & restaurants, 2x points
+ Points Earned This Period 0 at PayPal & eBay, and 1x point everywhere else
- Points Redeemed 0 Mastercard is accepted! Redeem for rewards starting
= Current Reward Point Balance 0 at 800 Points. Points expire after 24 months.

0 3,000 6,000 9,000 12,000+

Transaction Summary
Tran Date Post Date Reference Number Description of Transaction or Credit Amount
04/25 04/25 F1192003K00999990 CHARGE OFF ACCOUNT-PRINCIPALS ($11,265.64)
04/25 04/25 F1192003K00999990 CHARGE OFF ACCOUNT-INTEREST CHARGE ($2,185.25)
04/25 04/25 F1192003K00999990 CHARGE OFF ACCOUNT *FEE CHARGEOFF* ($276.00)
(Continued on next page)

PAYMENT DUE BY 5 P.M. (ET) ON THE DUE DATE.
NOTICE: We may convert your payment into an electronic debit. See reverse for details, Billing Rights and other important
information.

8640 YBG 1 3 25 230425 Z X PAGE 1 of 3 1192 1000 P405 O1ID8640

Detach and mail this portion with your check. Do not include any correspondence with your check.

Account Number: 5863
Total Minimum Amount Payment Due Overlimit New Balance
Payment Due Past Due Date Amount
$3,484.00 $0.00 04/27/2023 $0.00 $0.00

Payment Enclosed: Please use
blue or black ink. Save a stamp, $ .
pay on-line at www.paypal.com
New address or email? Print changes on back.

CARLA BEAVER
96 WOODLAND LKS
SULLIVAN MO 63080-9318 Make Payment to: PAYPAL CREDIT SVCS/SYNCB
PO BOX 71718
PHILADELPHIA, PA 19176-1718
86380
1062845
000521853
000000000000000
00000000038700
Electronically Filed - WASHINGTON - March 18, 2024 - 10:39 AM
Electronically Filed - WASHINGTON - March 18, 2024 - 10:39 AM
Transaction Summary (Continued)
Tran Date Post Date Reference Number Description of Transaction or Credit Amount
FEES
04/20 04/20 LATE FEE $41.00
TOTAL FEES FOR THIS PERIOD $41.00
INTEREST CHARGED
04/25 04/25 INTEREST CHARGE ON PURCHASES & $0.00
BALANCE TRANSFERS
04/25 04/25 INTEREST CHARGE ON CASH ADVANCES $0.00
TOTAL INTEREST FOR THIS PERIOD $0.00

2023 Totals Year-to-Date
Total Fees Charged in 2023 $164.00
Total Interest Charged in 2023 $1,003.75
Total Interest Paid in 2023 $0.00

Interest Charge Calculation
Your Annual Percentage Rate (APR) is the annual interest rate on your account.

Expiration Annual Percentage Balance Subject to
Type of Balance Date Rate Interest Rate Interest Charge
Current Transactions
Purchases & Balance Transfers N/A 31.49% (v) $0.00 $0.00
Cash Advances N/A 31.49% (v) $0.00 $0.00

Transactions on or before 07/28/2021
Regular Purchases N/A 31.49% (v) $0.00 $0.00
(v) = Variable Rate

Cardholder News and Information
Please Note: Our current Payment address has changed. If you mail your payment, please use the new address on
your remittance coupon portion of the statement.
Balance Transfers may be referred to as Transfers.
If you need to contact Synchrony about the loss of a Synchrony cardholder, you can submit a deceased notification form
located at www.syf.com under the 'Contact Us' page.
The Annual Percentage Rate (APR) for Purchases will apply to Balance Transfers if they are made available to you and the
Balance Transfers are not subject to a promotional APR.
Did you know your Mastercard offers Mastercard ID Theft Protection. For more information about this benefit or to view the
current benefits offered by Mastercard, please visit: www.mastercard.com/corecredit-GTB.
Statement not provided to customer.
This is a duplicate courtesy copy of your most recent billing statement. You can still view and pay your electronic statement
online.
You can pay your bill online or over the phone. We noticed you've been enjoying our easy paperless payment options, so we
will no longer be including return envelopes. You can make things even easier by selecting the paperless statement option on
your account online.

8640 YBG 1 3 25 230425 Z X PAGE 2 of 3 1192 1000 P405 O1ID8640
Electronically Filed - WASHINGTON - March 18, 2024 - 10:39 AM

O1ID8640
P405
1000
1192
Z X PAGE 3 of 3
230425
25
3
1
YBG
8640
Electronically Filed - WASHINGTON - March 18, 2024 - 10:39 AM
Template 88vv

SYNCHRONY BANK
PRICING INFORMATION ADDENDUM
FOR YOUR PAYPAL EXTRAS MASTERCARD® ACCOUNT ENDING IN 5863

Interest Rates and Interest Charges

Annual Percentage The APR for your cash advances is the Prime Rate plus 23.74%.
Rate (APR) for
Purchases The daily rate for cash advances is the Prime Rate plus 23.74%, times 1/365.

This APR will vary with the market based on the Prime Rate.
APR for Balance The APR for your balance transfers is Prime Rate plus 23.74%.
Transfers
This APR will vary with the market based on the Prime Rate.
APR for Cash The APR for your cash advances is the Prime Rate plus 23.74%.
Advances
The daily rate for cash advances is the Prime Rate plus 23.74%, times 1/365.

This APR will vary with the market based on the Prime Rate.
Paying Interest Your due date is at least 23 days after the close of each billing period. We will not charge you any
interest on purchases if you pay your entire balance by the due date each month. We will begin
charging interest on cash advances and balance transfers on the transaction date.
Minimum Finance If you are charged interest, the Finance Charge will be no less than $2.00.
Charge

SEE NEXT PAGE for more important information about your Account.

PAGE 1
Electronically Filed - WASHINGTON - March 18, 2024 - 10:39 AM
Fees
Transaction Fees
• Balance Transfer Either $10or 4% of the amount of each balance transfer, whichever is greater (maximum fee Not
Applicable).

• Cash Advance Either $10 or 5% of the amount of each cash advance, whichever is greater (maximum fee Not
Applicable).
• Foreign Not Applicable.
Transaction
Penalty Fees
• Late Payment Up to $41

The amount of the late payment fee will be equal to: (1) $30 if you have paid at least your total
minimum payment due by the due date in each of the prior six billing cycles or (2) $41 if you have
failed to pay at least the total minimum payment due by the due date in any one or more of the
prior six billing cycles. However, if the late payment fee would exceed the total minimum payment
for which the late payment fee is assessed, the amount of the late payment fee will instead be
equal to the amount of the total minimum payment that was due.

• Returned Payment $30

How We Will Calculate Your Balance: We use a method called “daily balance”.

Variable Rate Information
The Prime Rate for a billing period is the highest bank prime loan rate as published in The Wall Street Journal in its
Money Rates section on the last business day of the calendar month preceding the first day of the billing period.

The Periodic Rate and corresponding APRs may vary. If the Prime Rate increases, the Periodic Rates and corresponding
APRs may increase, and as a result the periodic Finance Charge, Total Minimum Payment, and number of payments also
may increase. Any change in the Periodic Rates will apply to your entire Account balance (unless otherwise specified in
any applicable promotional offer that provides for different terms for that promotion). A change in the Prime Rate will take
effect on the first day of the billing period after the change. We may select a new interest rate index if the Prime Rate is
not available.

PAGE 2
Electronically Filed - WASHINGTON - March 18, 2024 - 10:39 AM
PAYPAL EXTRAS
[RTWF5908250R]
T&C-DC
ORG-RTWF3305322K
6/24/2011 - PRESENT

SECTION I: RATES AND FEES TABLE
PAYPAL EXTRAS MASTERCARD® ACCOUNT AGREEMENT
Information from Section I of the PayPal Extras® Mastercard® Account Agreement is provided in the accompanying Pricing Information Addendum.

SECTION II: RATES, FEES AND PAYMENT INFORMATION
PAYPAL EXTRAS MASTERCARD® ACCOUNT AGREEMENT
How Interest is Calculated
Your Interest We use a daily rate to calculate the interest on the balance on your account each day. Interest will be imposed in amounts or at rates not in
Rate excess of those permitted by applicable law. The daily rate for purchases is the APR times 1/365.
See the accompanying Pricing Information Addendum for information about your specific APRs for purchases, balance transfers and cash
advances.

When We Purchases. We charge interest on your purchases from the date you make the purchase until you pay the purchase in full. See
Charge Interest exceptions below.
1. We will not charge you interest during a billing cycle on any purchases if:
1. You had no balance at the start of the billing cycle; OR
2. You had a balance at the start of the billing cycle and you paid that balance in full by the due date in that billing cycle.

2. We will credit, as of the start of the billing cycle, any payment you make by the due date that we allocate to purchases if:
1. You had no balance at the start of the previous billing cycle; OR
2. Y
ou had a balance at the start of the previous billing cycle and you paid that balance in full by the due date in the previous billing cycle.

Balance Transfer and Cash Advances. We charge interest on your balance transfers and cash advances, and their related fees, from
the date you make the transaction until you pay them in full. You cannot avoid paying interest on balance transfers or cash advances or
their related fees.

How We We figure the interest charge on your account separately for each balance type. We do this by applying the daily rate to the daily balance
Calculate for each day in the billing cycle. A separate daily balance is calculated for the following balance types, as applicable: purchases, balance
Interest transfers, cash advances and balances subject to different interest rates, plans or special promotions. See below for how this works.
1. How to get the daily balance. We take the starting balance each day, add any new charges and fees, and subtract any payments
or credits. This gives us the daily balance.
We apply fees to balance types as follows:
(a) late payment fees or returned payment fees are treated as new purchases;
(b) debt cancellation fees are added proportionately to each balance;
(c) balance transfer fees are added to the balance transfer balance;
(d) cash advance fees are added to the cash advance balance; and
(e) foreign transaction fees are added to the purchase balance.
2. How to get the daily interest amount. We multiply each daily balance by the daily rate that applies.
3. How to get the starting balance for the next day. We add the daily interest amount in step 2 to the daily balance from step 1.
4. How to get the interest charge for the billing cycle. We add all the daily interest amounts that were charged during the billing cycle.
We charge a minimum interest in any billing cycle in which you owe interest. This charge is added proportionately to each balance type.
See the accompanying Pricing Information Addendum for the amount of your minimum interest charge.

1
Electronically Filed - WASHINGTON - March 18, 2024 - 10:39 AM
How Fees Work
Balance We will charge this fee is for each balance transfer you make.
Transfer Fee
Cash Advance We will charge this fee for each cash advance you make. For ATM cash advances this fee is in addition to any fee the ATM
Fee owner may charge you for use of the ATM.

Foreign We will charge this fee for purchases or cash advances you make in currencies other than U.S. dollars and/or in a country other
Transaction Fee than the U.S., whether or not the transaction was in a foreign currency.
If you make a transaction with your account in a currency other than U.S. dollars, Mastercard will convert the transaction
amount into U.S. dollars using its currency conversion procedure. Under the currency conversion procedure that Mastercard
currently uses, the non-U.S. dollar transaction amount is converted into a U.S. dollar amount by multiplying the transaction
amount in the non-U.S. dollar currency by a currency conversion rate. Mastercard’s currency conversion procedure is based
on rates observed in the wholesale market or government-mandated rates, where applicable. The currency conversion rate
that Mastercard uses for a particular transaction is the rate for the applicable currency on the date that the transaction
occurred. However, in limited situations, particularly where transaction submissions to Mastercard for processing are delayed,
the currency conversion rate that Mastercard uses may be the rate for the applicable currency on the date that the transaction
is processed.

Late Payment We will charge this fee if we do not receive the total minimum payment due on your account by 5 p.m. (ET) on the due date.
Fee See the accompanying Pricing Information Addendum for the amount of the fee.

Returned We will charge this fee if any check, other instrument, or electronic payment authorization you provide us in payment on your
Payment Fee account, is not honored, returned unpaid or cannot be processed for any reason. The returned payment fee will not be more
than the amount permitted by applicable law. See the accompanying Pricing Information Addendum for the amount of this fee.

Minimum Payment Calculation
See the accompanying Variable Terms Addendum for how the total minimum payment is calculated.
Special Promotional Financing Offer Information
At times, we may offer you special financing promotions for certain transactions (“special promotions”). The terms of this Agreement apply to any special promotion.
However, any special promotional terms that are different than the terms in this Agreement will be explained on promotional advertising or other disclosures provided
to you. Below is a description of certain special promotions that may be offered:

• No Interest if Paid in Full Within 6 Months For each promotion, if the promotional balance is not paid in full within the promotional period, interest
will be imposed from the date of purchase at the variable Purchase APR that applies to your account
• No Interest if Paid in Full Within 12 Months when the promotional purchase is made.
This APR will vary with the market based on the prime rate. See the accompanying Pricing Information
• No Interest if Paid in Full Within 18 Months Addendum for your purchase APR.
When you make a qualifying purchase under one of these promotions, no interest will be assessed on the purchase if you pay the following (the “promotional balance”)
in full within the applicable promotional period: (1) the promotional purchase amount, and (2) any related optional credit insurance/debt cancellation charges. If you do
not, interest will be assessed on the promotional balance from the date of the purchase. Minimum monthly payments are required. Regular account terms apply to
non-promotional purchases and, after promotion ends, to promotional purchases. Offers are subject to credit approval. These promotional offers may not be available
at all times for all purchases. Please see any special promotion advertising or other disclosures provided to you for the full terms of any special promotion offered.

SECTION III: STANDARD PROVISIONS
PAYPAL EXTRAS MASTERCARD® ACCOUNT AGREEMENT
ABOUT THE CREDIT CARD AGREEMENT
This Agreement. This is an Agreement between you and Synchrony Bank, 170 Election Road, Suite 125, Draper, UT 84020, for your credit card account shown
above. By opening or using your account, you agree to the terms of the entire Agreement. The entire Agreement includes the four sections of this document and the
application you submitted to us in connection with the account. These documents replace any other agreement relating to your account that you or we made earlier
or at the same time.
Parties To This Agreement. This Agreement applies to each accountholder approved on the account and each of you is responsible for paying the full amount
due, no matter which one uses the account. We may treat each of you as one accountholder and may refer to each of you as “you” or “your”. Synchrony Bank may
be referred to as “we”, “us” or “our”.
Changes To This Agreement. We may change, add or delete terms of this Agreement, including interest rates, fees and charges.
Special Promotions. The terms of this Agreement apply to any special promotion. However, any special promotional terms that are different than the terms in this
Agreement will be explained on promotional advertising or other disclosures provided to you.

HOW TO USE YOUR ACCOUNT/CARD
Use Of Your Account. You may use your account only for lawful personal, family or household purposes. You may use your PayPal Extras MasterCard to fund your
PayPal Account (“PayPal Account”) that you have established with PayPal, Inc. for payments for goods and services purchased by you with your PayPal Account and
for purchase of goods or services from any merchant that accepts MasterCard credit cards. You may get cash advances as further explained below. From time to
time, we may offer you the chance to transfer balances from your other credit card accounts to this account. Details of the terms applicable to balance transfer will
be provided with the offer. You may not use your account to pay amounts you owe us on this account or any other account you have with us.
Cash Advances. We may offer you the opportunity to get a cash advance with convenience checks that we send you. We may not honor a convenience check for
any reason stated on the check. You can also get cash or make a withdrawal from any institution or ATM that accepts the card or the account. In addition, we will
treat any purchase of certain cash like items as cash advances. Cash like items include for example, money order, cashier’s checks, traveler’s checks, electronic or
wire transfers, foreign currency or other in bank transactions, tax payments, lottery tickets or other legalized gambling transactions, court costs, bail bonds and fines.

2
Electronically Filed - WASHINGTON - March 18, 2024 - 10:39 AM
You Promise To Pay. You promise to pay us for all amounts owed to us under this Agreement.
Your Responsibility. Each accountholder will receive a card. You may not allow anyone else to use your account. If you do, or if you ask us to send a card to
someone else, you will be responsible for paying for all charges resulting from their transactions.
Transaction Limits. To prevent fraud, we may limit the number or dollar amount of any type of transactions you can make in any particular amount of time. We also
may decline any particular charge on your account for any reason.
Credit Limit. You will be assigned a credit limit and cash advance limit on your account that we may increase or decrease from time to time. If we approve a
transaction that makes you go over your credit limit or your cash advance limit, we do not give up any rights under this Agreement and we do not treat it as an
increase in either limit.

HOW AND WHEN TO MAKE PAYMENTS
When Payments Are Due. You must pay at least the total minimum payment due on your account by 5 p.m. (ET) on the due date of each billing cycle. Payments
received after 5 p.m. (ET) will be credited as of the next day. You may at any time pay, in whole or in part, the total unpaid balance without any additional charge for
prepayment. If you have a balance subject to interest, earlier payment may reduce the amount of interest you will pay. We may delay making credit available on your
account in the amount of your payment even though we will credit your payment when we receive it.
Payment Options. You can pay by mail or online. We may allow you to make payments over the phone but we will charge you a fee to make expedited
phone payments. Your payment must be made in U.S. dollars by physical or electronic check, money order or a similar instrument from a bank located in the
United States.
How To Make A Payment. You must follow the instructions for making payments provided on your billing statement. If you do not, credit of your payment may be
delayed up to five days. Your billing statement also explains how information on your check is used.
Payment Allocation. We will apply the required total minimum payment to balances on your account using any method we choose. Any payment you make in
excess of the required total minimum payment will be applied to higher APR balances before lower APR balances. Applicable law may require or permit us to apply
excess payments in a different manner in certain situations, such as when your account has a certain type of special promotion.

INFORMATION ABOUT YOU
Using And Sharing Your Information. When you applied for an account, you gave us and PayPal, Inc. information about yourself that we could share with each
other. PayPal, Inc. will use the information in connection with the credit program and for things like creating and updating its records and offering you special benefits.
More information about how we use and share information is set forth in the privacy policy for your account.
Address/Phone Change. You agree to tell us right away if you change your address or phone number(s). We will contact you at the address or phone number in
our records until we update our records with your new address or phone number.
Consent To Communications. You consent to us contacting you using all channels of communication and for all purposes. We will use the contact information
you provide to us. You also consent to us and any other owner or servicer of your account contacting you using any communication channel. This may include text
messages, automatic telephone dialing systems and/or an artificial or prerecorded voice. This consent applies even if you are charged for the call under your phone
plan. You are responsible for any charges that may be billed to you by your communications carriers when we contact you.
Telephone Monitoring. For quality control, you allow us to listen to and/or record telephone calls between you and us.
Consent to Electronic Disclosures. When you applied for this Account, you agreed to receive Electronic Communications from us regarding your Account, which
may include disclosures required by applicable federal or state law (collectively, “Communications”). These Communications include the Agreement, Statements and
Privacy Policy, disclosures relating to any optional debt cancellation product you elect to purchase, including, without limitation, any Truth in Lending Act disclosures
and other federal and state law disclosures, notices and communications in connection with the application for, the opening of, maintenance or collection of an
Account. Communications may be sent to your email address. Communications may include your name and some information about your Account, including your
balance or the due date for your payment. Electronic Communications may be disclosed to any party with access to your Account or email account or hardware
or software used to view your Account or email account. At our option, we may provide you with paper Communications, such as paper Statements. In addition,
if we provide you with paper Statements, we may switch to providing you with electronic Statements instead upon notice to you, unless you have withdrawn your
consent to receive Electronic Communications as set forth below. You may withdraw your consent to receive Electronic Communications and elect to receive
paper Communications by writing to P.O. Box 965004, Orlando, FL 32896-5004. However, if you do so, we may close your Account to future Purchases and Cash
Advances and you will be required to pay off any balances under the terms that apply to your Account at the time you withdraw your consent.

IMPORTANT INFORMATION ABOUT YOUR ACCOUNT
Closing Your Account. You may close your account at any time by sending a letter to the address shown on your billing statement or calling customer service.
We may close your account at any time, for any reason. If your account is closed, you must stop using it. You must still pay the full amount you owe and this
Agreement will remain in effect until you do.
Collection Costs. If we ask an attorney who is not our salaried employee to collect your account, we may charge you our collection costs. These include court
costs and reasonable attorneys’ fees.
Credit Bureau Reporting. We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your
account may be shown in your credit report. Tell us if you think we reported wrong information about you to a credit bureau. Write to us at P.O. Box 965005,
Orlando, FL 32896-5005. Tell us what information is wrong and why you think it is wrong. If you have a copy of the credit report that includes the wrong information,
send us a copy.
Default. You are in default if you make a late payment, do not follow any other term of this Agreement or become bankrupt or insolvent. If you default or upon your
death, we may (a) request payment of the full amount due right away, (b) take legal action to collect the amounts owed, and/or (c) take any other action allowed.
Disputed Amounts. The billing rights summary in section IV of this Agreement describes what to do if you think there is a mistake on your bill. If
you send us correspondence about a disputed amount or payment, you must send it to the address for billing inquiries. We do not give up any
rights under this Agreement if we accept a payment marked “payment in full” or given with any other conditions or limitations.
Unauthorized Use. If your card is lost, stolen or used without your consent, call us immediately at 1-866-571-3012. You will not be liable for unauthorized use on
your account, but you will be responsible for all use by anyone you give your card to or allow to use your account.

3
Electronically Filed - WASHINGTON - March 18, 2024 - 10:39 AM
IMPORTANT INFORMATION ABOUT THIS AGREEMENT
Assignment. We may sell, assign or transfer any or all of our rights or duties under this Agreement or your account, including our rights to payments. We do not have
to give you prior notice of such action. You may not sell, assign or transfer any of your rights or duties under this Agreement or your account.
PayPal Account. You are not required to apply and/or have a PayPal Extras MasterCard in order to have a PayPal Account, but you must have a PayPal Account in
good standing in order to apply for a PayPal Extras MasterCard. If you are in default under this Agreement, then your PayPal Account may be suspended or canceled
at PayPal, Inc.’s sole discretion.
Assignment of Rights in Certain Funds Held By PayPal. If you obtain a credit from us for any Purchase used to fund your PayPal Account, you agree that
effective as of the time when such credit is issued, you will be deemed to have transferred to us any of your rights or interests in any funds held by PayPal for your
benefit or otherwise, that resulted, directly or indirectly, from such Purchase.
Enforceability. If any part of this Agreement is found to be void or unenforceable, all other parts of this Agreement will still apply.
Governing Law. Except as provided in the Resolving a Dispute with Arbitration section, this Agreement and your account are governed by federal law and, to the
extent state law applies, the laws of Utah without regard to its conflicts of law principles. This Agreement has been accepted by us in Utah.
Waiver. We may give up some of our rights under this Agreement. If we give up any of our rights in one situation, we do not give up the same right in another situation.

RESOLVING A DISPUTE WITH ARBITRATION
PLEASE READ THIS SECTION CAREFULLY. IF YOU DO NOT REJECT IT, THIS SECTION WILL APPLY TO YOUR ACCOUNT, AND MOST DISPUTES
BETWEEN YOU AND US WILL BE SUBJECT TO INDIVIDUAL ARBITRATION. THIS MEANS THAT: (1) NEITHER A COURT NOR A JURY WILL RESOLVE
ANY SUCH DISPUTE; (2) YOU WILL NOT BE ABLE TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING; (3) LESS INFORMATION WILL
BE AVAILABLE; AND (4) APPEAL RIGHTS WILL BE LIMITED.

1. CLAIMS AND PARTIES. If either you or we make a demand for arbitration, you and we must arbitrate any dispute or claim between you (including any other
user of your account), and us (including our parents, affiliates, agents, employees, officers, and assignees) that directly or indirectly arises from or relates to
your account, your account Agreement or our relationship, except as noted below. In addition, PayPal, Inc. and/or any assignee, agent, or service provider of
ours that collects amounts due on your account are intended beneficiaries of this Arbitration section and may enforce it in full (notwithstanding any state law
to the contrary).
2. This Arbitration section broadly covers claims, including counterclaims, based upon contract, tort, consumer rights, fraud and other intentional torts, negligence,
constitution, statute, regulation, ordinance, common law and equity and claims for money damages and injunctive or declaratory relief, even if they arose before
this section took effect. You may not sell, assign or transfer a claim.
3. Examples of claims subject to arbitration are disputes about an account transaction, fees, charges or interest, the events leading up to the Agreement (such
as any disclosures, advertisements, promotions or oral or written statements, warranties or representations made by us), an application for or denial of credit,
any product or service provided by us or third parties in connection with the Agreement, credit reporting, benefit programs related to your account including
any reward program, the collection of amounts due by our assignees, service providers, or agents and the manner of collection.
4. However, we will not require you to arbitrate any individual case in small claims court or your state’s equivalent court, so long as it remains an individual case in
that court. Also, even if all parties have opted to litigate a claim in court, you or we may elect arbitration with respect to any claim made by a new party or any
claim later asserted by a party in any related or unrelated lawsuit, including modifying an individual claim to assert a class, representative or multi-party claim.
Arbitration may be requested at any time, even where there is a pending lawsuit, unless a trial has begun, or a final judgment entered.
5. Only a court will decide disputes about the validity, enforceability, coverage or scope of this Arbitration section or any part thereof. However, any dispute that
concerns the validity or enforceability of the Agreement as a whole is for the arbitrator to decide.
6. NO CLASS ACTIONS. IF EITHER YOU OR WE ELECT TO ARBITRATE A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT (A) TO PARTICIPATE
IN A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE ACTION IN COURT OR IN ARBITRATION, EITHER AS
A CLASS REPRESENTATIVE OR CLASS MEMBER, OR (B) TO JOIN OR CONSOLIDATE CLAIMS WITH CLAIMS OF ANY OTHER PERSONS EXCEPT
ACCOUNTHOLDERS ON YOUR ACCOUNT. THUS, YOU MAY NOT BRING CLAIMS AGAINST US ON BEHALF OF ANY ACCOUNTHOLDER WHO IS NOT
AN ACCOUNTHOLDER ON YOUR ACCOUNT, AND YOU AGREE THAT ONLY ACCOUNTHOLDERS ON YOUR ACCOUNT MAY BE JOINED IN A SINGLE
ARBITRATION WITH ANY CLAIM YOU HAVE.
7. PROCEDURES. The party who wants to arbitrate must notify the other party in writing. This notice can be given after the beginning of a lawsuit or in papers
filed in the lawsuit. Otherwise, your notice must be sent to Synchrony Bank, Legal Operation, P.O. Box 29110, Shawnee Mission, KS 66201-5320, ATTN:
ARBITRATION DEMAND. The party seeking arbitration must select either the American Arbitration Association (AAA), 120 Broadway, Floor 21, New York, NY
10271, www.adr.org, or JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018, www.jamsadr.com, to administer the arbitration. If neither administrator
can handle the dispute, a court with jurisdiction will appoint an arbitrator.
8. The arbitration administrator will appoint the arbitrator and will tell the parties what to do next. The arbitrator must be a lawyer with at least ten years of legal
experience. The arbitrator must apply the same law, consistent with the Federal Arbitration Act (FAA), that would apply to an individual action in court, but may
use different procedural rules. The arbitrator will apply the same statutes of limitation and privileges that a court would apply if the matter were pending in court.
9. The arbitrator may award any damages or other relief or remedies that would apply under applicable law to an individual action brought in court, including,
without limitation, punitive damages (governed by the Constitutional standards employed by the courts) and injunctive, equitable and declaratory relief (but only
in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim). The parties will bear
the fees and costs of their attorneys, witnesses and experts. However, the arbitrator will have the authority to award fees and costs of attorneys, witnesses
and experts to the extent permitted by the Agreement, the administrator’s rules or applicable law.
10. The arbitration will take place by phone or at a location reasonably convenient to you. If you ask, we will pay all the fees the administrator or arbitrator charges
if you cannot obtain a waiver of fees from the administrator and are acting in good faith. We will pay arbitration costs required by the administrator’s rules or
that are necessary for this Arbitration section to be enforced. Notwithstanding the foregoing, you will be required to advance half of all administrative fees and
arbitrator’s fees (and to be responsible for payment of such fees to the extent not advanced) if you pursue arbitration as part of a group of similar arbitrations,
or if you otherwise seek to participate in a mass arbitration proceeding. If an arbitration already in process is later determined to be part of a mass arbitration
proceeding, we shall have the right to request that the arbitrator order you to reimburse us for fees already paid or advanced.

For full print and download access, please subscribe at https://www.trellis.law/.

Document for SYNCHRONY BANK V CARLA BEAVER (E-CASE)

Preview

Case Info

Parties