Preview
Filing # 194518964 E-Filed 03/21/2024 11:35:58 AM
IN THE COUNTY COURT
IN AND FOR BREVARD
COUNTY, FLORIDA
CASE NO.
DIVISION:
DISCOVER BANK,
Plaintiff,
Vs.
ARIEL LEACH
Defendant(s)
STATEMENT OF CLAIM
The Plaintiff, DISCOVER BANK, (hereinafter “Plaintiff’) sues the Defendant(s), ARIEL
LEACH (hereinafter “Defendant(s)”) and says:
1. Plaintiff is a FDIC-insured Delaware State Bank.
2. That this is an action for damages that does not exceed $8,000.00, exclusive of interest
and court costs.
BREACH OF CONTRACT
3 This action is based upon a Credit Account Agreement entered into by the
Defendant(s) with the Plaintiff.
4. The Defendant(s) used or authorized the use of the Account to incur charges, or
receive cash advances, or kept the Account open for future use, and by such action assumed the
obligations of the terms and conditions of the Account. (A record of the governing terms and
conditions of the Credit Account Agreement are attached and incorporated as Exhibit A).
5. Plaintiff relies upon the choice of law provision contained in the subject agreement
attached hereto as the substantive governing law.
6. A record of the account statement is attached. See Exhibit B.
7. The Defendant(s) subsequently defaulted on the terms and conditions of the Account
and the Plaintiff accelerated the full balance due and owing on the Account.
8. The Defendant(s) owes the Plaintiff $7,434.00.
268949030636
Filing 194518964 DISCOVER BANK VS ARIEL LEACH 05-2024-SC-021024-XXSC-BC
9. Plaintiff has performed all conditions precedent to bringing this action, or the same
have been waived by the Defendant(s).
Wherefore, Plaintiff demands judgment in the amount of $7,434.00 against Defendant(s),
plus post-judgment interest, and court costs to the extent permitted by applicable law.
edt
ZWICKER & ASSOCIATES, P.C.
Y BRETT BURKETT, ESQ. FLORIDA BAR #98895
RIC B. COOLEY, ESQ. FLORIDA BAR #111433
JONATHAN TEKELL, ESQ. FLORIDA BAR #1018225
KRISTINA LUNSFORD, ESQ. FLORIDA BAR #975680
LARRY B. ROBINSON, ESQ. FLORIDA BAR #124488
ZWICKER & ASSOCIATES, P.C.
A Law Firm Engaged in Debt Collection
ATTORNEY FOR PLAINTIFF
10751 DEERWOOD PARK BLVD
SUITE 100
JACKSONVILLE, FL 32256
Phone: (904)997-2140
Fax: (904)997-2151
Email: FLORIDALITIGATION@ZWICKERPC.COM
268949030636
Filing 194518964 DISCOVER BANK VS ARIEL LEACH 05-2024-SC-021024-XXSC-BC
EXHIBIT A
HICR
Filing 194518964 DISCOVER BANK VS ARIEL LEACH 05-2024-SC-021024-XXSC-BC
CM.TL29K.LIN.0922
DISC@VER CARDMEMBER AGREEMENT
Thank you for choosing Discover’ card, This Agreement explains the current terms and conditions of your Account. The enclosed Pricing Schedule is part of this Agreement, Please read
this Agreement, including
the Pricing Schedule, carefully. Keep them for your records. Contactus if youhave any questions. We have included a “Definitions” section for your reference on page 3.
ACCEPTANCE OF AGREEMENT
You accept this Agreement if you do not cancel your Account within 30 days after receiving a Card. You also accept this Agreement if you or an Authorized
User use the Account. You may, however, reject the “Arbitration of Disputes” section as explainedin that section.
CHANGES TO YOUR AGREEMENT
The rates, fees and terms of this Agreement may change from time to time. We may add or delete any term to this Agreement. If required by law,
we will give youadvance written notice of the change(s) and a right to reject the change(s). We will not charge
any fee or interest charge prohibited by law.
USING YOUR ACCOUNT
Permitted Uses You may use your Account for Purchases, Balance Transfers and Cash Advances. You may not use it for illegal transactions.
Authorized Users You may request additional Cards for Authorized Users to make transactions on your Account. You must notify us if you wish to cancel the
authority of an Authorized User to use your Account. You are responsible for all charges made by your Authorized Users.
Joint Accounts if your Accounts ajoint Account
-each of you agreesto be liable individually
and jointly for the entire amount owed on the Account; and
- any notice we mailto an address provided by either of you for the Account wllserve as notice to both of you.
Checks If we provide you with Checks, we wil tell you whether we will treat the Check as a Purchase, Balance Transfer or Cash Advance. You may not
use these Checks to pay any amount you owe us.
Credit Authorizations We may not authorize a transaction for security or other reasons, We will not be liable to you if we decline to authorize a transaction or if anyone
refuses your Card, Check or Account number.
Credit Lines We will tell you what your Account credit line is. You must keep your increase or decrease your Account credit line or your Cash Advance
Account balance below your Account credit line. If you do not, we credit line without notice. We may delay increasing your available
may request immediate payment of the amount by which you exceed credit by the amount of any payment that we receive for up to 10
it. We may establish a lower credit line for Cash Advances. We may business days.
FEES (See your Pricing Schedule for Additional Fees)
Late Fee We will not charge a Late Fee the first time you do not make the Fee during any of the prior six billing periods. Otherwise, the fee is $41,
Minimum Payment Due by the Payment Due Date. After that, if you do This fee will never exceed the Minimurn Payment Due that was due
not pay the Minimum Payment Due by the Payment Due Date, we will immediately prior to the date on which the fee was assessed.
charge you a Late Fee. The fee is $30, if you were not charged a Late
Returned Payment If youmake a payment that is not honored by your financial institution, we PaymentFee during any of the prior sixbilling periods. Otherwise,
the fee
Fee will charge you a Returned Payment Fee even if the payment is honored is $41. This fee will never exceed the Minimum Payment Due that was due
after we re-submit it. The fee is $30 if you were not charged a Returned immediately prior to the date on which the payment was returned to us
ANNUAL PERCENTAGE RATES (“APRs”) (See your Pricing Schedule for the APRs that apply to your Account)
Variable APRs Your Pricing Schedule may include variable APRs. These APRs are on the first day of the billing period that begins during the same
determined by adding the number of percentage points that we calendar month that the Prime Rate changes. An increase in the APR
specify to the Prime Rate. Variable APRs will increase or decrease will increase your interest charges and may increase your Minimum
when the Prime Rate changes. The APR change will take effect Payment Due. Your APR will never be less than zero.
Penalty APR None
MAKING PAYMENTS
Payment Instructions - You must pay in U.S. dollars. Please do not send cash. Sending cash is not - We credit
your paymentsin accordance with the terms contained on your
allowed. All checks must be drawn on funds on depositin the US. billing statement.
- Youmust pay us for allamounts due on your Account, This includes charges «If you mail your payment to an address other than the address designated
made by Authorized
Users. onyour biling statement, there may be a delay in processing and crediting
We may refuse toaccept a paymentina foreign currency. If we doacceptit, ‘the payment to your Account.
we will charge your Account our cost to convertit to U.S. dollars. «If a third party makes a payment on your Account and we return all or a
-We can accept late payments, partial payments or payments marked part of such payment, then we may adjust your Account for any amount
“payment in full” or with any other restrictive endorsement without losing returned. We reserve the right to defend ourselves against any demand
any of our rights under this Agreement. to return funds we have received, and may agree to a compromise of the
demanded
amount as part of asettlement,
Minimum Payment Due You may pay the entire New Balance shown on your billing statement at any fees for any debt protection product that youenrolledin on or after 2/1/2015;
time. Each billing period you must pay at least the Minimum Payment Due Interest Charges; and ate Fees.
by the Payment Due Date shown on your biling statement. The Minimum The Minimum Payment Due may also include amounts by which you exceed
Payment Due willbe any amount past due plus the greater of: your Account credit line. However, it will never exceed the New Balance.
+ $35;0r When we calculate the Minimum Payment Due, we may subtract from the
- 2%ofthe New Balance shown on your billing statement; or New Balance certain fees added to your Account during the billing period.
$20, plus any of the following charges as shown on your billing statement: The Minimum Payment Due is rounded up to the nearest dollar.
Filing 194518964 ‘COVER BANK VS ARIEL LEACH 05-2024-SC-021024-XXSC-BC
©2022 Discover Bank, Member FDIC -l-
MAKING PAYMENTS
How We Apply Payments. We apply payments and credits at our discretion, including in a manner Each billing period, we will generally apply amounts you pay that exceed
most favorable or convenient for us. In all cases, we will apply payments the Minimum Payment Due to balances with higher APRs before balances
and credits as required by applicable law. with lower APRs as of the date we credit your payment.
INTEREST CHARGES
How We Calculate We calculate interest charges each blling period by frst figuring the “daily How We Figure Your Total interest Charges
Interest Charges— balance” for each Transaction Category. Transaction Categories include - WerultiplythedailybalanceforeachTransactionCategorybyitsdailyperiodic
Daily Balance Method standard Purchases, standard Cash Advances and different promotional rate. Wedothisforeachdayinthebiliingperiod. Thisgivesustheinterestcharges
{including current
ransactions)
balances, such as Balance Transfers.
How We Figure the Daily Balance for Each Transaction Category
for each Transaction Category. To get a daily periodic rate, we divide the
APR that applies to the Transaction Categoryby 36 .
- We add upall the daily interest charges. The sum is the totalinterest charge
- We start with the beginning balance for each day. The beginning balance
for the first day ofthe biling period is your balance on the last day of your for the bilingperiod,
previous billing period. - Due torounding or a minimum interest charge, the interest calculation may
- We add any interest charges accrued on the previous day's daly balance vary from the interest charge actualy assessed,
and any new transactions and fees. We add any new transactions or fees How We Include Fees
as of the later of the Transaction Date or the first day of the billing period in We add Balance Transfer Fees to the applicable
Balance Transfer Transaction
which the transaction or fee postedto your Account. Category. We add Cash Advance Fees to the applicable Cash Advance
- We subtract any new credits and payments. Transaction Category. We add all other fees to the standard Purchase
- We make other adjustments (including those adjustments required in the Transaction Category.
“Payinginterest” section),
Paying Interest When Interest Charges Begin interest charges on New Purchases. New Purchases are Purchases that
We begin to impose interest charges on a transaction, fee or interest first appear on the next billing statement. Interest will continue to accrue
charge from the day we add it to the daily balance, We continue to each day on Purchases that appeared on previous billing statements until
impose interest charges until you pay the total amount you owe us. You you pay the New Balance in full and will be billedin the next billing cycle.
can avoid paying interest on Purchases as described below. However, you How We Apply Payments May Impact Your Grace Period
cannot avoid paying interest on Balance Transfers or Cash Advances. if you do not pay your New Balance in full each month, then, depending
How to Avoid Paying Interest on Purchases (“Grace Period”) onthe balance to which we apply your payment, you may not get a grace
if you pay the New Balance on your current billing statement by the period on new Purchases.
Payment Due Date shown on that billing statement, we will not impose
OTHER IMPORTANT INFORMATION
Default Youare in default if: you fail to comply with the terms of this Agreement or any Agreement
you file bankruptcy or another insolvency proceedings filed by you or with us or an Affiliate, including failing to make a required payment
against you; when due, exceeding your Account credit line or using your Card or
we have a reasonable belief that you are unable or unwilling to repay Account for an illegal transaction.
your obligationsto us; If youare in default, we may declare the entire balance of your Account
you die or are legally declared incompetent or incapacitated; immediatelydue and payable without notice.
Collection Costs If we use an attorney to collect your Account, we may charge you our legal costs as permitted by law. These include reasonable attorneys’
fees, court or other collection costs, and fees and costs of any appeal.
Merchant Disputes tf youhavea dispute with a merchant, youmay request credit to your Account. we resolve the dispute in your favor, we wilissue a credit to your Account.
Youassign tous your claim
for the credited amount against the merchant
and/or any third party. At our request, youagree
to provide this assignmentin writing.
Automatic Account Youmay set up automatic billing or store your Account information with changes, which may include your billing address, you authorize us to
Information Updates an Affiliate, merchant, wallet provider, or other third party (“Permitted provide this updated information to any such Permitted Party at our
Party”). If you do, you authorize us to share your Account information, discretion. You must contact the Permitted Party directly or remove
which may include your rewards account balance, with the Permitted your credit card information from the Permitted Party website if you
Party, regarding the use of your Account. If your Account information wish to stop automatic billing or Account updates.
Our Privacy Policy We send you our Privacy Policy when you open your Account. + how we safeguard its confidentiality and security;
Contact us or visit Discover.com if you would like a copy, Please read when it may be shared with others; an
it carefully. It summarizes: + how you can limit our sharing of this information.
+ the personal information we collect;
Credit Reporting You authorize us to get information from credit reporting agencies and normally report to credit reporting agencies each month. If you believe
Agency Information other sources for servicing or review of your Account, collection and that information we reported is inaccurate or incomplete, please write
any other use permitted by law, including to consider you for other us at Discover, P.O. Box 30939, Salt Lake City, UT 84130-0939, Please
products and services. We may report the status and payment history include your name, address, home phone number and Account
of your Account to credit reporting agencies and other creditors. We number.
Our Communications You agree that we, our Affiliates, and agents, including service providers you provide. You agree that the Authorized Parties may contact you using an
with You (‘Authorized Parties") may contact you, including calls, text message or automatic dialer or pre-recorded voice message. If youno longer wish tobe
‘emaii,aboutany currentor future accounts or applications, with respect toall contacted on your cell phone by an automated dialer or pre-recorded voice
products youhave withusatanyphonenumber
or emal\())youhave provided message, you must provide us written notice cancelling your consent at this
tous, (ii) from which you contacted us, or (ii) which we obtained and believe address: Discover Bank, P.O. Box 30937, Salt Lake City, UT 84130-0937, The
we can reach youat, evenf
your phone provider may charge you message writtennotice mustinclude: your name, mailingaddress, the last four digits of
and data rates for calls or texts. You agree that the Authorized Parties may your Account number and the specific cell phone number(s) for which you
record or monitor any calls between you and the Authorized Parties. You wouldiketo cancel your consent to be contacted by an automated dialer or
agree to notify us if you change or discontinue using any phone number pre-recorded voice message.
Unauthorized Use You must notify us immediately if: + you believe someone is using your Account or a Card without your
Filing 194518964 + your Cardis lost or slISGVER BANK VS ARIEL LEACH permission. 05-2024-SC-021024-XXSC-BC.
-2-
Cancellation of You may cancel your Account, You will remain responsible for any » We may cancel, suspend or not renew your Account at any time
Your Account amount you owe us under this Agreement. without notice.
Any joint Accountholder may cancel a joint Account. However,
both of you will remain responsible for paying all amounts owed.
OTHER IMPORTANT INFORMATION
Purchases and Cash if youmnake Purchaser Cash Advanceina foreign currency, we willconvert depending onthe country andcurrencyinwhich
the transactionis made. We
Advances in Foreign itto US. dollars usingarate we choose. This rate will either be a government- use the rate in effect
on the conversion date for the transaction. Thisratemay
Currencies mandatedrate,agovernment-publishedrate or theinterbank exchangerate, bedifferentthan
the ratein effect on the Transaction Date for the transaction.
Governing Law This Agreement is governed by applicable federal law and by Delaware law. However, in the event you default and we file a lawsuitto recover funds loaned to
you, the statute of limitations
of the state where the lawsuitis filed will apply, without regard to that state's conflicts of laws principles or its “borrowing statute.”
Severability Except as set forth in the “Arbitration” section, if any part of this Agreement is found to be invalid, the rest of it will still remain in effect.
Enforcing this Agreement We may delay enforcing or not enforce any of our rights under this Agreement without losing or waiving any of them.
Assignment of Account We may sell, assign or transfer your Account or any portion of it without notice to you, You may not sell, assign or transfer your Account without
first obtaining our prior written consent,
MILITARY BORROWERS
Statement of MAPR Federal law provides important protections to members of the Armed (@) any application fee charged (other than certain application fees for
Forces and their dependents relating to extensions of consumer credit. Specified credit transactions or accounts); and (4) any participation fee
ingeneral,
the cost of consumer credit toamember of the Armed Forces charged (other than certain participation fees for a credit card account).
and his or her dependent may not exceed an Annual Percentage Rate of If you would like more information about whether this section applies
36 percent. This rate must include, as applicable to the credit transaction to you, please contact us at 1-844-DFS-4MIL (1-844-337-4645) anytime
or account: (i) the costs associated with credit insurance premiums; (2) 24/7.{f calling outside the U.S. you can contact us at 4-801-451-3730.
fees for ancillary products soldin connection with the credit transaction;
Oral Disclosures Before agreeing to this Agreement, in order to hear important disclosures and payment information about this Agreement, please call
1-844-DFS-4MIL (1-844-337-4645) anytime 24/7. If calling outside the U.S. you can contact us at 1-801-451-3730.
CONTACT US
Unless we tell you otherwise, you can notifyus: by phone at 1-800-347-3085 or - in writingto Discover, P.O. Box 30943, Salt Lake City, UT 84130-0943, When writing, please include
your name, address, home phone number and Account number. You must contact us within 15 days after changing your email address, mailing address or phone number.
DEFINITIONS
“Account” means your Discover cardaccount. “Check” means any check we send to youtoaccess your Account,
“Affiliate” means our parent corporations, subsidiaries and affiliates. “Pricing Schedule” means the document entitled “Pricing Schedule’ which lists the APRs that
“Authorized User” means any person you authorize to use your Accountor a Card, whether you apply to your Account and other importantinformation.
notify
us ornot, “Prime Rate” means the highest rate of interest listed as the U.S. Prime rate in the Money Rates
“Balance Transfer” means a balance transferred from another creditor to your Account. section of the online Wall Street Journal(www.wsj.com) on the last business day of the month.
“Card” means any one or more Discover cards issued to you or someone else with your “Purchase” means the use of your Account to purchase or lease goods or services at
authorization, participating merchants.
“Cash Advance” means the use of your Account for: “We,” “us” and “our” referto Discover Bank, the issuer of your Card.
+ obtaining cash from participating automated teller machines, financial institutions or other “You “your” or “yours” refer to youand any other person(s) who are also contractually lable
locations; and under this Agreement,
online gambling, or to purchase lottery tickets, money orders, casino chips, foreign currency “Transaction Date” means the date shown on your biling statement for a transaction or fee.
orsimilar items.
ARBITRATION
Agreement to Arbitrate. In the event of a dispute between whether you are covered by the Military Lending Act, please Your and Our RightTo Go To Small Claims Court. Youand we wil
you and us arising out of or relating to this Account or the contact us at 1-844-DFS-4MiIL (1-844-337-4645) or if you are not choose to arbitrate any individual Claim you or we bring in
relationships resulting from this Account or any other dispute calling from outside the US at +1-801-451-3730, small claims court (or an equivalent court). This means you or
between you oF us, including, for example, a dispute based on we may bring an action in small claims court (or an uivalent
afederal or state statute or local ordinance (“Claim”), either you CLASS ACTION WAIVER. ARBITRATION MUST BE ON AN court) without being subjectto arbitration. However, if a Claim
‘or we may choose to resolve the Claim by bindit arbitration, INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR WE MAY is transferred, removed, or appealed from small claims court to
as described below, instead of in court. Any Claim (except fora JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR a different court, or if any Ciaim brought in small claims court,
Claim challenging the valiity or enforceability ofthis arbitration AGAINST OTHER CARDMEMBERS, OR LITIGATE IN COURT OR exceeds the small claims court limit, you or we may then
agreement, including the Class Action Waiver) may be resolve ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER chooseto arbitrate,
bybindin arbitration if either party requests it. THIS MEANS IF
8
EITHER Y¢ U OR WE CHOOSE ARBITRATION, NEITHER PARTY:
WILL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT
OF ACLASS ORIN A PRIVATE ATTORNEY GENERAL CAPACITY.
Governing Law and Rules. This arbitration agreement is
OR TO HAVE A JURY TRIAL. ALSO DISCOVERY AND APPEAL The arbitrator may award injunctive relief only in favor of governed by the Federal Arbitration Act (“FAA”). Arbitration
RIGHTS ARE LIMITED IN ARBITRATION. the individual party seeking relief and only to the extent Must proceed only with the American Arbitration Association
Even if all parties have opted to litigate a Claim in court, you or necessaryto provide relief warranted that party's individual (‘AAA"), The rules for the arbitration will be those in this
arbitration yeement and the procedures of the AAA, but
we may el arbitration with respect to any Claim made by a Claim. The arbitrator may not award class, representative, or
the rules in this arbitration agreement will be followed if there
newparty orany new Claims|laterassertedin that lawsuit. public injunctive relief. If a court decides that applicable law
precludes enforcement of any of this paragraph’s limitations is dis eement between the agreement ani 2 AAAS
as toa particular Claim for relief f, then after all appeals from that procedures. if the AAA's procedures change after the Claim
This arbitration jreement does not apply if, on the date you lecision have been exhausted, that Claim (and only that Claim) 's filed, the procedures in effect when the Claim was filed
submit your Application or on the date we seek to invoke this must be severed from the arbitration and may be brought in willapply.
arbitrationagreement, youare amember of the ArmedForces, court, Only a court, and not an arbitrator, shall determine the
or a dependent of such a member covered by the federal idity, scope, and effect of the Class Action Waiver.
Mif nEEREB'FB Slgsgu Would like more information bou|S COVER BANK VS ARIEL LEACH 05-2024-SC-021024-XXSC-BC
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ARBITRATION
For a copy of the AAA's procedures, to file a Claim or for other was genuinely in dispute, then either you or we may choose to their officers, directors and employees; any third party co-
information, please contact the AAA at 101 Laurel Oak Rd., appeal to a new panel of three arbitrators. The appeliate panel defendant of a Claim subject to this arbitration agreement;
is completel free to acc tor reject the entire original award and all joint Accountholders and Authorized Users of your
orany part ofi it.The app ah mi \ust be filed with the AAA not later
Voorhees, NJ08043, www.adrorg.
Account(s).
ifthe AAAs completely unavailable, and f you and we cannot than 30 days after the original award issues. Appeal costs will
agree ona substitute, then either you or we may request thata be allocated consistent with the AAA's Consumer Arbitration Survival of this Agreement, This arbitration agreement shal
court withjurisdiction appoint substitute. Rules and Due Process Protocol, survive:
«closing of your Account;
arbitration award may be enforced (@uch as through 2
Fees and Costs. if you wish to begin arbitration against us but
you cannot afford fo pay your share of the AAAS or arbitrator's, jufk
Any
igment) in any court with jurisdiction. Any finding, award, or
judgment from an arbitration of any Claim shall apply only to
- voluntary paymentof your Account or any part oft
-any legal proceedingsto collect money
you owe;
costs and cannot obtain'a waiver of costs from the AAA, we
will advance those costs if 1u ask us in writing and are acting that arbitration. No finding, award, or judgment from any other, any bankruptey
by yourand
in good faith, Any request like this should be sent to Discover, arbitration shall impact the arbitration of any Claim. «any sale, assignment,
or transfer by us of your Account.
P.O, Box 30421, Salt Lake City, UT 84130-0421. If you lose the
Claim Notice and Special Payment. f you have a Claim, before
may reject the: a tration agreementbut only if we receive from
arbitration, the arbitrator will decide whether you must You Have the Ri ighjt to Reject Arbitration for this Account. You
reimburse us for money weadvanced
for youfor the arbitration, initiating an arbitration proceeding, u may give us written
If you win the arbitration, we will not ask for reimbursement of
money we advanced. Additionally, if you win the arbitration, the
Hs
notice of the Claim (“Claim Notice at least 30 days before
initiating the arbitration proceeding. The Claim Notice must
a written notice of rejection within 30 of your recei
of the Card after your Account is opened, You must send the
arbitrator me decide that you are entitled to be reimbursed include your name, address, and account number and explain notice of rejection to: Discover, P.O. Box 30938, Salt Lake City,UT
your reasonable attorneys’ fees and costs (if actually paid by inreasonable detal the nature of the Claim and any supporting 84130-0938.
you). The arbitrator may also allocate compensation, expenses, facts. Any Claim Notice shall be sent to us at Discover, P.O,
and administrative fees (which include fling and hearing fees)
subsequently provideto you). andonlyif ))yousubrita Claim, Your rejection notice must include your name, address, phone
Box 794, Deerfield, IL 60015 (or such other address as we shall
toany party upon the arbitrator's determination
that the party's
claim or counterclaim was filed for purposes of harassment or Notice in accordance is agreement on your own behalf number, Account number and personal signature. No one else
may sign the rejection notice for you. Your rejection notice
ispatently frivolous,
\nding in your favor in any respect on the merits of your Claim, ofmustarbitration
fand not on behalf of any other party);and (2) an arbitrator, after not be sent with any other correspondence, Rejection
will not affect your other rights or res nsibilties
s and Decisions, Arbitration hearings wil take place in issues you an award that (excluding any arbitration fees or under this Agreement. If you reject arbitration, neither you nor
attorneys’ fees and costs awarded by the arbitrator) is greater wewillbe
the ok feral judicial district where you lve, Asingle arbitrator will subject to the arbitrationagreement for this Account.
be appointed. The arbitrator must: than the value of Discover's last written settlement offer made Rejection of arbitration for this Account will not constitute
- Follow all applicable substantive law, except when
before an arbitrator was selected, then you will be entitled rejection
of any prior or future arbitration agreement between
contradictedboy
the FAA; to the amount of the award or $7,500, whichever is greater.
If you are entitled to the $7,500, you will receive in addition
youandus.
Follow applicable statutes of limitations; any arbitration fees or attorneys’ es and costs awarded by
- Honor valid claims of priviege;and the arbitrator.
Issue a written decision including the reasons for the award.
Other Beneficiaries
of this Agreement. In adcition to youandus,
The arbitrator's decision will be final and binding except for at the rights and duties described in this arbitration agreement
review allowed by the FAA. However, if more than $100,00( apply to: our Affiliates, successors, subsidiaries, and our and
Your Billing Rights: - Ewe do not believe there was a mistake: You will have to pay the amount
in question, along with applicable interest and fees. We willsend youa
Keep This Document For Future Use
f
statement of the amount you owe and the date ayment is due. We may
then report you as delinquent if you do not pay t! e amount we think
you owe.
This notice tells you about your rights and our responsibilities under the Fair
Credit Billing Act. If you receive our explanation but still believe your bill is wrong, you must write
tous (or visit https://discover.com/billingerrornotice) within 10 days telling us
'f you think there is an error on your statement, write to us at: that you still refuse to pay. If you do so, we cannot report you as delinquent
Discover without also reporting that you are questioning your bill. We must tell you the
P.O, Box 30421 name of anyone to whom we reported you as delinquent, and we must let
Salt Lake City, UT 84130-0421, those organizations know when the matter has been settled between us.
You may also contact us on the Web: https://discover.com/billingerrornotice
Inyour letter or on the Web, please give us the following information: the amount you question even if your bil isis correct,i
If we do not follow all of the rules above, i ou do not have to pay the first $50 of
+ Account information: Your name and account number. YX Ri if You Are Dis isfic ith Your Credit rd Purch
+ Dollar amount; The dollar amount of the suspected error.
; If you think there is an error on your bill, describe If you are dissatisfied with the goods or services that you have purchased with
, what you believe is wror ng and why you believe it is a mistake. your credit card, and you have tried in good faith to correct the
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Filing # 194518964 E-Filed 03/21/2024 11:35:58 AM IN THE COUNTY COURT IN AND FOR BREVARD COUNTY, FLORIDA CASE NO. DIVISION: DISCOVER BANK, Plaintiff, Vs. ARIEL LEACH Defendant(s) STATEMENT OF CLAIM The Plaintiff, DISCOVER BANK, (hereinafter “Plaintiff’) sues the Defendant(s), ARIEL LEACH (hereinafter “Defendant(s)”) and says: 1. Plaintiff is a FDIC-insured Delaware State Bank. 2. That this is an action for damages that does not exceed $8,000.00, exclusive of interest and court costs. BREACH OF CONTRACT 3 This action is based upon a Credit Account Agreement entered into by the Defendant(s) with the Plaintiff. 4. The Defendant(s) used or authorized the use of the Account to incur charges, or receive cash advances, or kept the Account open for future use, and by such action assumed the obligations of the terms and conditions of the Account. (A record of the governing terms and conditions of the Credit Account Agreement are attached and incorporated as Exhibit A). 5. Plaintiff relies upon the choice of law provision contained in the subject agreement attached hereto as the substantive governing law. 6. A record of the account statement is attached. See Exhibit B. 7. The Defendant(s) subsequently defaulted on the terms and conditions of the Account and the Plaintiff accelerated the full balance due and owing on the Account. 8. The Defendant(s) owes the Plaintiff $7,434.00. 268949030636 Filing 194518964 DISCOVER BANK VS ARIEL LEACH 05-2024-SC-021024-XXSC-BC 9. Plaintiff has performed all conditions precedent to bringing this action, or the same have been waived by the Defendant(s). Wherefore, Plaintiff demands judgment in the amount of $7,434.00 against Defendant(s), plus post-judgment interest, and court costs to the extent permitted by applicable law. edt ZWICKER & ASSOCIATES, P.C. Y BRETT BURKETT, ESQ. FLORIDA BAR #98895 RIC B. COOLEY, ESQ. FLORIDA BAR #111433 JONATHAN TEKELL, ESQ. FLORIDA BAR #1018225 KRISTINA LUNSFORD, ESQ. FLORIDA BAR #975680 LARRY B. ROBINSON, ESQ. FLORIDA BAR #124488 ZWICKER & ASSOCIATES, P.C. A Law Firm Engaged in Debt Collection ATTORNEY FOR PLAINTIFF 10751 DEERWOOD PARK BLVD SUITE 100 JACKSONVILLE, FL 32256 Phone: (904)997-2140 Fax: (904)997-2151 Email: FLORIDALITIGATION@ZWICKERPC.COM 268949030636 Filing 194518964 DISCOVER BANK VS ARIEL LEACH 05-2024-SC-021024-XXSC-BC EXHIBIT A HICR Filing 194518964 DISCOVER BANK VS ARIEL LEACH 05-2024-SC-021024-XXSC-BC CM.TL29K.LIN.0922 DISC@VER CARDMEMBER AGREEMENT Thank you for choosing Discover’ card, This Agreement explains the current terms and conditions of your Account. The enclosed Pricing Schedule is part of this Agreement, Please read this Agreement, including the Pricing Schedule, carefully. Keep them for your records. Contactus if youhave any questions. We have included a “Definitions” section for your reference on page 3. ACCEPTANCE OF AGREEMENT You accept this Agreement if you do not cancel your Account within 30 days after receiving a Card. You also accept this Agreement if you or an Authorized User use the Account. You may, however, reject the “Arbitration of Disputes” section as explainedin that section. CHANGES TO YOUR AGREEMENT The rates, fees and terms of this Agreement may change from time to time. We may add or delete any term to this Agreement. If required by law, we will give youadvance written notice of the change(s) and a right to reject the change(s). We will not charge any fee or interest charge prohibited by law. USING YOUR ACCOUNT Permitted Uses You may use your Account for Purchases, Balance Transfers and Cash Advances. You may not use it for illegal transactions. Authorized Users You may request additional Cards for Authorized Users to make transactions on your Account. You must notify us if you wish to cancel the authority of an Authorized User to use your Account. You are responsible for all charges made by your Authorized Users. Joint Accounts if your Accounts ajoint Account -each of you agreesto be liable individually and jointly for the entire amount owed on the Account; and - any notice we mailto an address provided by either of you for the Account wllserve as notice to both of you. Checks If we provide you with Checks, we wil tell you whether we will treat the Check as a Purchase, Balance Transfer or Cash Advance. You may not use these Checks to pay any amount you owe us. Credit Authorizations We may not authorize a transaction for security or other reasons, We will not be liable to you if we decline to authorize a transaction or if anyone refuses your Card, Check or Account number. Credit Lines We will tell you what your Account credit line is. You must keep your increase or decrease your Account credit line or your Cash Advance Account balance below your Account credit line. If you do not, we credit line without notice. We may delay increasing your available may request immediate payment of the amount by which you exceed credit by the amount of any payment that we receive for up to 10 it. We may establish a lower credit line for Cash Advances. We may business days. FEES (See your Pricing Schedule for Additional Fees) Late Fee We will not charge a Late Fee the first time you do not make the Fee during any of the prior six billing periods. Otherwise, the fee is $41, Minimum Payment Due by the Payment Due Date. After that, if you do This fee will never exceed the Minimurn Payment Due that was due not pay the Minimum Payment Due by the Payment Due Date, we will immediately prior to the date on which the fee was assessed. charge you a Late Fee. The fee is $30, if you were not charged a Late Returned Payment If youmake a payment that is not honored by your financial institution, we PaymentFee during any of the prior sixbilling periods. Otherwise, the fee Fee will charge you a Returned Payment Fee even if the payment is honored is $41. This fee will never exceed the Minimum Payment Due that was due after we re-submit it. The fee is $30 if you were not charged a Returned immediately prior to the date on which the payment was returned to us ANNUAL PERCENTAGE RATES (“APRs”) (See your Pricing Schedule for the APRs that apply to your Account) Variable APRs Your Pricing Schedule may include variable APRs. These APRs are on the first day of the billing period that begins during the same determined by adding the number of percentage points that we calendar month that the Prime Rate changes. An increase in the APR specify to the Prime Rate. Variable APRs will increase or decrease will increase your interest charges and may increase your Minimum when the Prime Rate changes. The APR change will take effect Payment Due. Your APR will never be less than zero. Penalty APR None MAKING PAYMENTS Payment Instructions - You must pay in U.S. dollars. Please do not send cash. Sending cash is not - We credit your paymentsin accordance with the terms contained on your allowed. All checks must be drawn on funds on depositin the US. billing statement. - Youmust pay us for allamounts due on your Account, This includes charges «If you mail your payment to an address other than the address designated made by Authorized Users. onyour biling statement, there may be a delay in processing and crediting We may refuse toaccept a paymentina foreign currency. If we doacceptit, ‘the payment to your Account. we will charge your Account our cost to convertit to U.S. dollars. «If a third party makes a payment on your Account and we return all or a -We can accept late payments, partial payments or payments marked part of such payment, then we may adjust your Account for any amount “payment in full” or with any other restrictive endorsement without losing returned. We reserve the right to defend ourselves against any demand any of our rights under this Agreement. to return funds we have received, and may agree to a compromise of the demanded amount as part of asettlement, Minimum Payment Due You may pay the entire New Balance shown on your billing statement at any fees for any debt protection product that youenrolledin on or after 2/1/2015; time. Each billing period you must pay at least the Minimum Payment Due Interest Charges; and ate Fees. by the Payment Due Date shown on your biling statement. The Minimum The Minimum Payment Due may also include amounts by which you exceed Payment Due willbe any amount past due plus the greater of: your Account credit line. However, it will never exceed the New Balance. + $35;0r When we calculate the Minimum Payment Due, we may subtract from the - 2%ofthe New Balance shown on your billing statement; or New Balance certain fees added to your Account during the billing period. $20, plus any of the following charges as shown on your billing statement: The Minimum Payment Due is rounded up to the nearest dollar. Filing 194518964 ‘COVER BANK VS ARIEL LEACH 05-2024-SC-021024-XXSC-BC ©2022 Discover Bank, Member FDIC -l- MAKING PAYMENTS How We Apply Payments. We apply payments and credits at our discretion, including in a manner Each billing period, we will generally apply amounts you pay that exceed most favorable or convenient for us. In all cases, we will apply payments the Minimum Payment Due to balances with higher APRs before balances and credits as required by applicable law. with lower APRs as of the date we credit your payment. INTEREST CHARGES How We Calculate We calculate interest charges each blling period by frst figuring the “daily How We Figure Your Total interest Charges Interest Charges— balance” for each Transaction Category. Transaction Categories include - WerultiplythedailybalanceforeachTransactionCategorybyitsdailyperiodic Daily Balance Method standard Purchases, standard Cash Advances and different promotional rate. Wedothisforeachdayinthebiliingperiod. Thisgivesustheinterestcharges {including current ransactions) balances, such as Balance Transfers. How We Figure the Daily Balance for Each Transaction Category for each Transaction Category. To get a daily periodic rate, we divide the APR that applies to the Transaction Categoryby 36 . - We add upall the daily interest charges. The sum is the totalinterest charge - We start with the beginning balance for each day. The beginning balance for the first day ofthe biling period is your balance on the last day of your for the bilingperiod, previous billing period. - Due torounding or a minimum interest charge, the interest calculation may - We add any interest charges accrued on the previous day's daly balance vary from the interest charge actualy assessed, and any new transactions and fees. We add any new transactions or fees How We Include Fees as of the later of the Transaction Date or the first day of the billing period in We add Balance Transfer Fees to the applicable Balance Transfer Transaction which the transaction or fee postedto your Account. Category. We add Cash Advance Fees to the applicable Cash Advance - We subtract any new credits and payments. Transaction Category. We add all other fees to the standard Purchase - We make other adjustments (including those adjustments required in the Transaction Category. “Payinginterest” section), Paying Interest When Interest Charges Begin interest charges on New Purchases. New Purchases are Purchases that We begin to impose interest charges on a transaction, fee or interest first appear on the next billing statement. Interest will continue to accrue charge from the day we add it to the daily balance, We continue to each day on Purchases that appeared on previous billing statements until impose interest charges until you pay the total amount you owe us. You you pay the New Balance in full and will be billedin the next billing cycle. can avoid paying interest on Purchases as described below. However, you How We Apply Payments May Impact Your Grace Period cannot avoid paying interest on Balance Transfers or Cash Advances. if you do not pay your New Balance in full each month, then, depending How to Avoid Paying Interest on Purchases (“Grace Period”) onthe balance to which we apply your payment, you may not get a grace if you pay the New Balance on your current billing statement by the period on new Purchases. Payment Due Date shown on that billing statement, we will not impose OTHER IMPORTANT INFORMATION Default Youare in default if: you fail to comply with the terms of this Agreement or any Agreement you file bankruptcy or another insolvency proceedings filed by you or with us or an Affiliate, including failing to make a required payment against you; when due, exceeding your Account credit line or using your Card or we have a reasonable belief that you are unable or unwilling to repay Account for an illegal transaction. your obligationsto us; If youare in default, we may declare the entire balance of your Account you die or are legally declared incompetent or incapacitated; immediatelydue and payable without notice. Collection Costs If we use an attorney to collect your Account, we may charge you our legal costs as permitted by law. These include reasonable attorneys’ fees, court or other collection costs, and fees and costs of any appeal. Merchant Disputes tf youhavea dispute with a merchant, youmay request credit to your Account. we resolve the dispute in your favor, we wilissue a credit to your Account. Youassign tous your claim for the credited amount against the merchant and/or any third party. At our request, youagree to provide this assignmentin writing. Automatic Account Youmay set up automatic billing or store your Account information with changes, which may include your billing address, you authorize us to Information Updates an Affiliate, merchant, wallet provider, or other third party (“Permitted provide this updated information to any such Permitted Party at our Party”). If you do, you authorize us to share your Account information, discretion. You must contact the Permitted Party directly or remove which may include your rewards account balance, with the Permitted your credit card information from the Permitted Party website if you Party, regarding the use of your Account. If your Account information wish to stop automatic billing or Account updates. Our Privacy Policy We send you our Privacy Policy when you open your Account. + how we safeguard its confidentiality and security; Contact us or visit Discover.com if you would like a copy, Please read when it may be shared with others; an it carefully. It summarizes: + how you can limit our sharing of this information. + the personal information we collect; Credit Reporting You authorize us to get information from credit reporting agencies and normally report to credit reporting agencies each month. If you believe Agency Information other sources for servicing or review of your Account, collection and that information we reported is inaccurate or incomplete, please write any other use permitted by law, including to consider you for other us at Discover, P.O. Box 30939, Salt Lake City, UT 84130-0939, Please products and services. We may report the status and payment history include your name, address, home phone number and Account of your Account to credit reporting agencies and other creditors. We number. Our Communications You agree that we, our Affiliates, and agents, including service providers you provide. You agree that the Authorized Parties may contact you using an with You (‘Authorized Parties") may contact you, including calls, text message or automatic dialer or pre-recorded voice message. If youno longer wish tobe ‘emaii,aboutany currentor future accounts or applications, with respect toall contacted on your cell phone by an automated dialer or pre-recorded voice products youhave withusatanyphonenumber or emal\())youhave provided message, you must provide us written notice cancelling your consent at this tous, (ii) from which you contacted us, or (ii) which we obtained and believe address: Discover Bank, P.O. Box 30937, Salt Lake City, UT 84130-0937, The we can reach youat, evenf your phone provider may charge you message writtennotice mustinclude: your name, mailingaddress, the last four digits of and data rates for calls or texts. You agree that the Authorized Parties may your Account number and the specific cell phone number(s) for which you record or monitor any calls between you and the Authorized Parties. You wouldiketo cancel your consent to be contacted by an automated dialer or agree to notify us if you change or discontinue using any phone number pre-recorded voice message. Unauthorized Use You must notify us immediately if: + you believe someone is using your Account or a Card without your Filing 194518964 + your Cardis lost or slISGVER BANK VS ARIEL LEACH permission. 05-2024-SC-021024-XXSC-BC. -2- Cancellation of You may cancel your Account, You will remain responsible for any » We may cancel, suspend or not renew your Account at any time Your Account amount you owe us under this Agreement. without notice. Any joint Accountholder may cancel a joint Account. However, both of you will remain responsible for paying all amounts owed. OTHER IMPORTANT INFORMATION Purchases and Cash if youmnake Purchaser Cash Advanceina foreign currency, we willconvert depending onthe country andcurrencyinwhich the transactionis made. We Advances in Foreign itto US. dollars usingarate we choose. This rate will either be a government- use the rate in effect on the conversion date for the transaction. Thisratemay Currencies mandatedrate,agovernment-publishedrate or theinterbank exchangerate, bedifferentthan the ratein effect on the Transaction Date for the transaction. Governing Law This Agreement is governed by applicable federal law and by Delaware law. However, in the event you default and we file a lawsuitto recover funds loaned to you, the statute of limitations of the state where the lawsuitis filed will apply, without regard to that state's conflicts of laws principles or its “borrowing statute.” Severability Except as set forth in the “Arbitration” section, if any part of this Agreement is found to be invalid, the rest of it will still remain in effect. Enforcing this Agreement We may delay enforcing or not enforce any of our rights under this Agreement without losing or waiving any of them. Assignment of Account We may sell, assign or transfer your Account or any portion of it without notice to you, You may not sell, assign or transfer your Account without first obtaining our prior written consent, MILITARY BORROWERS Statement of MAPR Federal law provides important protections to members of the Armed (@) any application fee charged (other than certain application fees for Forces and their dependents relating to extensions of consumer credit. Specified credit transactions or accounts); and (4) any participation fee ingeneral, the cost of consumer credit toamember of the Armed Forces charged (other than certain participation fees for a credit card account). and his or her dependent may not exceed an Annual Percentage Rate of If you would like more information about whether this section applies 36 percent. This rate must include, as applicable to the credit transaction to you, please contact us at 1-844-DFS-4MIL (1-844-337-4645) anytime or account: (i) the costs associated with credit insurance premiums; (2) 24/7.{f calling outside the U.S. you can contact us at 4-801-451-3730. fees for ancillary products soldin connection with the credit transaction; Oral Disclosures Before agreeing to this Agreement, in order to hear important disclosures and payment information about this Agreement, please call 1-844-DFS-4MIL (1-844-337-4645) anytime 24/7. If calling outside the U.S. you can contact us at 1-801-451-3730. CONTACT US Unless we tell you otherwise, you can notifyus: by phone at 1-800-347-3085 or - in writingto Discover, P.O. Box 30943, Salt Lake City, UT 84130-0943, When writing, please include your name, address, home phone number and Account number. You must contact us within 15 days after changing your email address, mailing address or phone number. DEFINITIONS “Account” means your Discover cardaccount. “Check” means any check we send to youtoaccess your Account, “Affiliate” means our parent corporations, subsidiaries and affiliates. “Pricing Schedule” means the document entitled “Pricing Schedule’ which lists the APRs that “Authorized User” means any person you authorize to use your Accountor a Card, whether you apply to your Account and other importantinformation. notify us ornot, “Prime Rate” means the highest rate of interest listed as the U.S. Prime rate in the Money Rates “Balance Transfer” means a balance transferred from another creditor to your Account. section of the online Wall Street Journal(www.wsj.com) on the last business day of the month. “Card” means any one or more Discover cards issued to you or someone else with your “Purchase” means the use of your Account to purchase or lease goods or services at authorization, participating merchants. “Cash Advance” means the use of your Account for: “We,” “us” and “our” referto Discover Bank, the issuer of your Card. + obtaining cash from participating automated teller machines, financial institutions or other “You “your” or “yours” refer to youand any other person(s) who are also contractually lable locations; and under this Agreement, online gambling, or to purchase lottery tickets, money orders, casino chips, foreign currency “Transaction Date” means the date shown on your biling statement for a transaction or fee. orsimilar items. ARBITRATION Agreement to Arbitrate. In the event of a dispute between whether you are covered by the Military Lending Act, please Your and Our RightTo Go To Small Claims Court. Youand we wil you and us arising out of or relating to this Account or the contact us at 1-844-DFS-4MiIL (1-844-337-4645) or if you are not choose to arbitrate any individual Claim you or we bring in relationships resulting from this Account or any other dispute calling from outside the US at +1-801-451-3730, small claims court (or an equivalent court). This means you or between you oF us, including, for example, a dispute based on we may bring an action in small claims court (or an uivalent afederal or state statute or local ordinance (“Claim”), either you CLASS ACTION WAIVER. ARBITRATION MUST BE ON AN court) without being subjectto arbitration. However, if a Claim ‘or we may choose to resolve the Claim by bindit arbitration, INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR WE MAY is transferred, removed, or appealed from small claims court to as described below, instead of in court. Any Claim (except fora JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR a different court, or if any Ciaim brought in small claims court, Claim challenging the valiity or enforceability ofthis arbitration AGAINST OTHER CARDMEMBERS, OR LITIGATE IN COURT OR exceeds the small claims court limit, you or we may then agreement, including the Class Action Waiver) may be resolve ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER chooseto arbitrate, bybindin arbitration if either party requests it. THIS MEANS IF 8 EITHER Y¢ U OR WE CHOOSE ARBITRATION, NEITHER PARTY: WILL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OF ACLASS ORIN A PRIVATE ATTORNEY GENERAL CAPACITY. Governing Law and Rules. This arbitration agreement is OR TO HAVE A JURY TRIAL. ALSO DISCOVERY AND APPEAL The arbitrator may award injunctive relief only in favor of governed by the Federal Arbitration Act (“FAA”). Arbitration RIGHTS ARE LIMITED IN ARBITRATION. the individual party seeking relief and only to the extent Must proceed only with the American Arbitration Association Even if all parties have opted to litigate a Claim in court, you or necessaryto provide relief warranted that party's individual (‘AAA"), The rules for the arbitration will be those in this arbitration yeement and the procedures of the AAA, but we may el arbitration with respect to any Claim made by a Claim. The arbitrator may not award class, representative, or the rules in this arbitration agreement will be followed if there newparty orany new Claims|laterassertedin that lawsuit. public injunctive relief. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations is dis eement between the agreement ani 2 AAAS as toa particular Claim for relief f, then after all appeals from that procedures. if the AAA's procedures change after the Claim This arbitration jreement does not apply if, on the date you lecision have been exhausted, that Claim (and only that Claim) 's filed, the procedures in effect when the Claim was filed submit your Application or on the date we seek to invoke this must be severed from the arbitration and may be brought in willapply. arbitrationagreement, youare amember of the ArmedForces, court, Only a court, and not an arbitrator, shall determine the or a dependent of such a member covered by the federal idity, scope, and effect of the Class Action Waiver. Mif nEEREB'FB Slgsgu Would like more information bou|S COVER BANK VS ARIEL LEACH 05-2024-SC-021024-XXSC-BC -3- ARBITRATION For a copy of the AAA's procedures, to file a Claim or for other was genuinely in dispute, then either you or we may choose to their officers, directors and employees; any third party co- information, please contact the AAA at 101 Laurel Oak Rd., appeal to a new panel of three arbitrators. The appeliate panel defendant of a Claim subject to this arbitration agreement; is completel free to acc tor reject the entire original award and all joint Accountholders and Authorized Users of your orany part ofi it.The app ah mi \ust be filed with the AAA not later Voorhees, NJ08043, www.adrorg. Account(s). ifthe AAAs completely unavailable, and f you and we cannot than 30 days after the original award issues. Appeal costs will agree ona substitute, then either you or we may request thata be allocated consistent with the AAA's Consumer Arbitration Survival of this Agreement, This arbitration agreement shal court withjurisdiction appoint substitute. Rules and Due Process Protocol, survive: «closing of your Account; arbitration award may be enforced (@uch as through 2 Fees and Costs. if you wish to begin arbitration against us but you cannot afford fo pay your share of the AAAS or arbitrator's, jufk Any igment) in any court with jurisdiction. Any finding, award, or judgment from an arbitration of any Claim shall apply only to - voluntary paymentof your Account or any part oft -any legal proceedingsto collect money you owe; costs and cannot obtain'a waiver of costs from the AAA, we will advance those costs if 1u ask us in writing and are acting that arbitration. No finding, award, or judgment from any other, any bankruptey by yourand in good faith, Any request like this should be sent to Discover, arbitration shall impact the arbitration of any Claim. «any sale, assignment, or transfer by us of your Account. P.O, Box 30421, Salt Lake City, UT 84130-0421. If you lose the Claim Notice and Special Payment. f you have a Claim, before may reject the: a tration agreementbut only if we receive from arbitration, the arbitrator will decide whether you must You Have the Ri ighjt to Reject Arbitration for this Account. You reimburse us for money weadvanced for youfor the arbitration, initiating an arbitration proceeding, u may give us written If you win the arbitration, we will not ask for reimbursement of money we advanced. Additionally, if you win the arbitration, the Hs notice of the Claim (“Claim Notice at least 30 days before initiating the arbitration proceeding. The Claim Notice must a written notice of rejection within 30 of your recei of the Card after your Account is opened, You must send the arbitrator me decide that you are entitled to be reimbursed include your name, address, and account number and explain notice of rejection to: Discover, P.O. Box 30938, Salt Lake City,UT your reasonable attorneys’ fees and costs (if actually paid by inreasonable detal the nature of the Claim and any supporting 84130-0938. you). The arbitrator may also allocate compensation, expenses, facts. Any Claim Notice shall be sent to us at Discover, P.O, and administrative fees (which include fling and hearing fees) subsequently provideto you). andonlyif ))yousubrita Claim, Your rejection notice must include your name, address, phone Box 794, Deerfield, IL 60015 (or such other address as we shall toany party upon the arbitrator's determination that the party's claim or counterclaim was filed for purposes of harassment or Notice in accordance is agreement on your own behalf number, Account number and personal signature. No one else may sign the rejection notice for you. Your rejection notice ispatently frivolous, \nding in your favor in any respect on the merits of your Claim, ofmustarbitration fand not on behalf of any other party);and (2) an arbitrator, after not be sent with any other correspondence, Rejection will not affect your other rights or res nsibilties s and Decisions, Arbitration hearings wil take place in issues you an award that (excluding any arbitration fees or under this Agreement. If you reject arbitration, neither you nor attorneys’ fees and costs awarded by the arbitrator) is greater wewillbe the ok feral judicial district where you lve, Asingle arbitrator will subject to the arbitrationagreement for this Account. be appointed. The arbitrator must: than the value of Discover's last written settlement offer made Rejection of arbitration for this Account will not constitute - Follow all applicable substantive law, except when before an arbitrator was selected, then you will be entitled rejection of any prior or future arbitration agreement between contradictedboy the FAA; to the amount of the award or $7,500, whichever is greater. If you are entitled to the $7,500, you will receive in addition youandus. Follow applicable statutes of limitations; any arbitration fees or attorneys’ es and costs awarded by - Honor valid claims of priviege;and the arbitrator. Issue a written decision including the reasons for the award. Other Beneficiaries of this Agreement. In adcition to youandus, The arbitrator's decision will be final and binding except for at the rights and duties described in this arbitration agreement review allowed by the FAA. However, if more than $100,00( apply to: our Affiliates, successors, subsidiaries, and our and Your Billing Rights: - Ewe do not believe there was a mistake: You will have to pay the amount in question, along with applicable interest and fees. We willsend youa Keep This Document For Future Use f statement of the amount you owe and the date ayment is due. We may then report you as delinquent if you do not pay t! e amount we think you owe. This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act. If you receive our explanation but still believe your bill is wrong, you must write tous (or visit https://discover.com/billingerrornotice) within 10 days telling us 'f you think there is an error on your statement, write to us at: that you still refuse to pay. If you do so, we cannot report you as delinquent Discover without also reporting that you are questioning your bill. We must tell you the P.O, Box 30421 name of anyone to whom we reported you as delinquent, and we must let Salt Lake City, UT 84130-0421, those organizations know when the matter has been settled between us. You may also contact us on the Web: https://discover.com/billingerrornotice Inyour letter or on the Web, please give us the following information: the amount you question even if your bil isis correct,i If we do not follow all of the rules above, i ou do not have to pay the first $50 of + Account information: Your name and account number. YX Ri if You Are Dis isfic ith Your Credit rd Purch + Dollar amount; The dollar amount of the suspected error. ; If you think there is an error on your bill, describe If you are dissatisfied with the goods or services that you have purchased with , what you believe is wror ng and why you believe it is a mistake. your credit card, and you have tried in good faith to correct the