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Filing # 195447764 E-Filed 04/04/2024 07:23:22 AM
IN THE COUNTY COURT FOR THE TWELFTH JUDICIAL CIRCUIT
IN AND FOR SARASOTA COUNTY, FLORIDA
AMERICAN EXPRESS NATIONAL BANK, CASE NO.:
Plaintiff
vs.
ANNA GERACE
Defendant
COMPLAINT
Plaintiff, AMERICAN EXPRESS NATIONAL BANK, sues the Defendant, ANNA
GERACE, and allege:
JURISDICTION AND PARTIES
This is an action for damages for an amount which exceeds $8,000.00 and does not
exceed $50,000.00, to-wit: $25,236.95, exclusive of court costs.
Plaintiff, AMERICAN EXPRESS NATIONAL BANK,
Defendant, ANNA GERACE, is a resident of SARASOTA County, Florida, is an individual
over the age of eighteen (18), years of age, upon information and belief is not in the military
and is otherwise sui juris.
This court has jurisdiction over the parties pursuant to Florida Statutes, and venue is
appropriate.
Filed 04/04/2024 01:39 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL
COUNT I
BREACH OF CONTRACT
At all times material hereto, the Defendant, ANNA GERACE, requested an American
Express credit card (hereinafter referred to as "CARD") from Plaintiff, AMERICAN
EXPRESS NATIONAL BANK, for the purposes of obtaining goods and/or services and/or
cash advances.
At all times material hereto, pursuant to the Defendant, ANNA GERACE, request for an
American Express Card, the Plaintiff, AMERICAN EXPRESS NATIONAL BANK, issued
CARD to the Defendant, ANNA GERACE.
At all times material hereto, the Defendant, ANNA GERACE, used CARD for the purposes
of obtaining goods and/or services and/or cash advances.
At all times material hereto, CARD that the Plaintiff, issued to the Defendant, ANNA
GERACE, stated that the use of CARD "is Subject to the Cardmember Agreement".
At all times material hereto, each time that the Defendant, ANNA GERACE, used CARD,
the Defendant, ANNA GERACE, thereby accepted the terms and conditions of the
Cardmember Agreement. A true and correct copy of the Cardmember Agreement which
was in effect at the time of the cancellation of CARD account is attached hereto and is
incorporated herein as Exhibit "A".
10 At all times material hereto, the Defendant, ANNA GERACE, received a copy of the
Cardmember Agreement which contained all of the "Terms and Conditions" for the use of
CARD.
11 At all times material hereto, pursuant to the terms of the Cardmember Agreement, the
Defendant, ANNA GERACE, agreed to be jointly responsible and/or liable for all of the
charges and/or cash advances made on CARD.
12 At all times material hereto, pursuant to the terms of the Cardmember Agreement, the
Defendant, ANNA GERACE, to be jointly responsible and/or liable for charges made on
CARD by any and/or all additional cardmembers irrespective of whether the Defendant,
ANNA GERACE, or the additional cardmember signed a charge form or presented CARD.
13, At all times material hereto, pursuant to the terms of the Cardmember Agreement, the
Defendant, ANNA GERACE, agreed to be jointly responsible and/or liable for charges
made on CARD by anyone that the Defendant, ANNA GERACE, or additional
cardmember (if applicable) let use CARD.
14 Plaintiff, AMERICAN EXPRESS NATIONAL BANK, has performed any and/or all
conditions precedent to be performed by the Plaintiff, or any such conditions have
occurred.
15 Defendant, ANNA GERACE, breached the agreement by failing to pay the Plaintiff,
AMERICAN EXPRESS NATIONAL BANK.
16 Plaintiff, AMERICAN EXPRESS NATIONAL BANK, has been damaged in the sum of
$25,236.95.
WHEREFORE, Plaintiff, AMERICAN EXPRESS NATIONAL BANK, demands judgment
for damages against Defendant, ANNA GERACE, in the amount of $25,236.95, together with
court costs and such other relief that this Court deems reasonable.
COUNT II
MONEY LENT
Pursuant to F.R.C.P. Form 1.936
Approved by the Florida Supreme Court.
17 Plaintiff, AMERICAN EXPRESS NATIONAL BANK, readopts and realleges the
Jurisdictional and Parties allegations of this Complaint.
18 The Defendant, ANNA GERACE, owes Plaintiff, AMERICAN EXPRESS NATIONAL
BANK, $25,236.95, that is due with interest since November 16, 2023. for money lent by
Plaintiff, AMERICAN EXPRESS NATIONAL BANK, to Defendant, ANNA GERACE, on
November 16, 2023.
WHEREFORE, Plaintiff, AMERICAN EXPRESS NATIONAL BANK, demands judgment for
damages against Defendant, ANNA GERACE, in the amount of $25,236.95, together with court
costs and such other relief that this Court deems reasonable.
COUNT Ill
ACCOUNTS STATED
Pursuant to F.R.C.P. Form 1.933
Approved by the Florida Supreme Court
19 Plaintiff, AMERICAN EXPRESS NATIONAL BANK, readopts and realleges the
Jurisdictional and Parties allegations of this Complaint.
20 Before the institution of this action Plaintiff, AMERICAN EXPRESS NATIONAL BANK, and
Defendant, ANNA GERACE, had business transactions between them.
21 Plaintiff, AMERICAN EXPRESS NATIONAL BANK, sent a statement to Defendant, ANNA
GERACE, on November 16, 2023, and defendant failed to object within a reasonable time
after receiving the statement. A copy of the statement is attached hereto and incorporated
herein as Exhibit “B”
22 Defendant, ANNA GERACE, implicitly promised to pay plaintiff the amount set forth in the
statement.
23 Defendant, ANNA GERACE, has not paid plaintiff the amount owed on the account.
$25,236.95, plus interest since November 16, 2023.
THIS SPACE HAS BEEN LEFT INTENTIONALLY BLANK
WHEREFORE, Plaintiff, AMERICAN EXPRESS NATIONAL BANK, demands judgment for
damages against Defendant, ANNA GERACE, in the amount of $25,236.95, together with court
costs and such other relief that this Court deems reasonable.
MODLIN SLINSKY, P.A.
Attorneys for Plaintiff
1551 Sawgrass Corporate Parkway, Suite 110
Sunrise, FL 33323
Telephone: 888-323-4577
Facsimile 754-551-5791
Designated E-Mail: pleadings@Issmlaw.com
By:_/s/ ScottE. Modlin, Esq.
Scott E. Modlin, Esq.
Florida Bar No. 947296
Modlin Slinsky File No.: 23159416
EXHIBIT A
Cardmember Agreement: Part 1 of 2 As of: 01/10/2020
Blue Delta SkyMiles®
Cardmember Name: ANNA GERACE
Credit Limit: $10,000 (Cash Advance Limit: $2,000) Account Ending In:
Rates and Fees Table Issuer: American Express National Bank
Annual Percentage Rate
(APR) for Purchases
24.24%
This APR will vary with the market based on the Prime Rate.
APR for Balance Transfers 24.24% for any balance transfer requests we may accept.
This APR will vary with the market based on the Prime Rate.
APR for Cash Advances 26.74%
This APR will vary with the market based on the Prime Rate.
Penalty APR and When it 29.99%
Applies This APR will vary with the market based on the Prime Rate.
This APR may be applied to your account if:
1) you make one or more late payments; or
2) your payment is returned by your bank.
We may also consider your creditworthiness in determining whether or not to apply the
penalty APR to your Account.
How Long Will the Penalty APR Apply? If the penalty APR is applied, it will apply for
at least 6 months. We will review your Account every 6 months after the penalty APR is
applied. The penalty APR will continue to apply until you have made timely payments with
no returned payments during the 6 months being reviewed
Paying Interest Your due date is at least 25 days after the close of each billing period. We will not charge
you interest on purchases if you pay each month your entire balance (or, if you have a
plan outstanding, your balance adjusted for plans) by the due date. We will begin charging
interest on cash advances and balance transfers on the transaction date.
Plan Fee (Fixed Finance Amonthly fee up to 1.07% of each purchase amount moved into a plan based on the plan
Charge) duration, the APR that would otherwise apply to the purchase, and other factors.
For Credit Card Tips from To learn more about factors to consider when applying for or using a credit card, visit!
the Consumer Financial the website of the Consumer Financial Protection Bureau at
Protection Bureau http://www.consumerfinance.gov/learnmore
ee
Annual Membership Fee None
Transaction Fees
+ Balance Transfer Either $5 or 3% of the amount of each transfer, whichever is greater.
. Cash Advance Either $10 or 5% of the amount of each cash advance, whichever is greater.
+ Foreign Transaction 2.7% of each transaction after conversion to US dollars.
Penalty Fees
+ Late Payment Up to $39.
+ Returned Payment Up to $39.
+ Overlimit None
How we calculate interest: We use the Average Daily Balance method (including new transactions). See the How we
calculate interest section in Part 2.
Your Billing Rights: See Part 2 for information on how to exercise your rights to dispute transactions.
ES Page 1 of 4
How Rates and Fees Work
ee
Calculating The Annual Percentage Rate (APR) for variable rates is determined by adding an amount (margin) to
APRs and DPRs the Prime Rate (see Determining the Prime Rate in Part 2). The Daily Periodic Rate (DPR) is 1/365th of
the APR, rounded to one ten-thousandth of a percentage point.
Rate Description Prime + Margin APR DPR
Purchase Prime + 19.49% 24.24% 0.0664%
Balance Transfer Prime + 19.49% 24.24% 0.0664%
Cash Advance Prime + 21.99% 26.74% 0.0733%
Penalty Prime + 25.99%* 29.99% 0.0822%
*The variable penalty APR will not exceed 29.99%
Penalty APR for new The penalty APR may apply to new transactions if: If the penalty APR applies to a balance, it will
transactions . you do not pay at least the Minimum Payment apply to charges added to that balance 15 or
Due by the Payment Due Date on one or more days after we send you notice.
more occasions; or We will review your Account every 6 months after
your payment is returned by your bank. the penalty APR is applied. The penalty APR
will continue to apply until you have made timely
We may also consider your creditworthiness in payments with no returned payments during the 6
determining whether or not to apply the penalty months being reviewed.
APR to your Account.
We add fees to a purchase balance, unless we tell you otherwise.
Annual Membership This fee is on the Rates and Fees Table on page 1 of Part 1.
Plan Fee Up to 1.07% of each purchase amount moved into a plan based on the plan duration, the APR that
would otherwise apply to the purchase amount(s), and other factors. This fee is a fixed finance charge
that will be charged each month that a plan is active. The dollar amount of your plan fee will be
disclosed when you set up a plan. For more information, see About the Plan It Feature in Part 2 of your
Cardmember Agreement
Late Payment Up to $39. If we do not receive the Minimum Payment Due by its Payment Due Date, the fee is $28. If
this happens again within the next 6 billing periods, the fee is $39. However, the late fee will not exceed
the Minimum Payment Due. Paying late may also result in a penalty APR. See Penalty APR for new
transactions above.
Returned Payment Up to $39. If you make a payment that is returned unpaid the first time we present it to your bank, the
fee is $28. If you do this again within the same billing period or the next 6 billing periods, the fee is $39.
However, the returned payment fee will not exceed the applicable Minimum Payment Due. A returned
payment may also result in a penalty APR. See Penalty APR for new transactions above.
Returned Check $38 if you use your card to cash a check at one of our approved locations and the check is returned
unpaid. We will also charge you the unpaid amount.
Overlimit None. See Credit limit and cash advance limit in Part 2.
Account Re-opening $25 if your Account is cancelled, you ask us to re-open it, and we do so.
Balance Transfer 3% of the transaction, with a minimum of $5. A different fee may apply if stated in a promotional offer
or at the time of a transaction. This fee is a finance charge. We will add it to the same balance as the
balance transfer.
Cash Advance 5% of the cash advance transaction (including fees charged by the ATM operator, if any), with a
minimum of $10. We will add this fee to the Cash Advance balance.
Foreign Transaction .7% of the converted U.S. dollar amount. This fee is a finance charge. See Part 2 for Converting
charges made in a foreign currency.
Part 1, Part 2 and any supplements or amendments make up your Cardmember Agreement.
EE Page 2 of 4
Supplement to the Cardmember Agreement
How Your Reward Program Works
Blue Delta SkyMiles®
How you receive miles You receive 1 mile for each $1 of eligible Eligible purchases do NOT include:
purchases on your Blue Delta SkyMiles Credit fees or interest charges,
Card (Card Account). balance transfers,
Eligible purchases are purchases for goods and cash advances,
services minus returns and other credits. purchases of traveler's checks,
purchases or reloading of prepaid cards, or
purchases of any cash equivalents
How you receive additional You receive an additional mile for each $1 of You will also receive an additional mile for each
miles eligible purchases on your Card Account for $1 of eligible purchases on your Card Account at
the following purchases submitted to us using a restaurants located in the United States.
Delta merchant code:
. air travel on a Delta flight. Purchases made through a third-party payment
. air travel on a Delta partner flight with a DL account or on an online marketplace (with
flight code. multiple retailers) will not receive additional
. Delta vacation packages miles.
. other Delta services.
Merchants are typically assigned codes and
You will NOT receive additional miles for: categorized based on what they primarily sell.
. purchases of air travel on a Delta flight A purchase will not receive additional miles if
that are part of all-inclusive air or sea tour the merchant, or a particular merchant location,
packages uses a code that is not eligible for additional
miles. For questions about additional miles on a
From time to time, we may make promotional purchase, call the number on the back of your
offers of bonus miles. These offers include
Card,
terms about how you can earn the bonus miles
and when you can use them. These offer terms
A purchase may not receive additional miles
may differ from the terms above concerning
if the merchant submits the purchase using a
miles eamed for charges to your Card Account, mobile or wireless card reader or if you use a
including about when you can use the miles.
mobile or digital wallet.
You can view your miles balance by
logging onto your online account at Please visit americanexpress.com/rewards-
americanexpress.com and viewing your info for more information about rewards.
account summary page.
When we transfer miles We transfer the miles you receive to your Delta SkyMiles account after the end of the billing period
in which you received them.
Bonus miles awarded for promotional offers will be posted to your Delta SkyMiles account 8 to 12
weeks after the end of each month. To be eligible to earn bonus miles, your account must not be
cancelled or delinquent at time of bonus fulfillment.
When you will If the Minimum Payment Due is not paid by the You may reinstate those miles within the next 12
forfeit miles Closing Date of the billing period in which it is billing periods if your Card Account is not past
due, you will forfeit the miles you received for due and you pay a $35 fee
eligible purchases during that billing period. For
example, if your billing period closes January
15 and the minimum payment for that billing
period is due on February 10, and you do not
make that minimum payment due by the close
of your next billing period on February 15, then
you will not eam miles for spend in the billing
period ending February 15.
Page 3 of 4
Other things you should know You will receive miles only for eligible purchases Miles are subject to the Delta SkyMiles
about this program intended for personal, family or household use. Membership Guide and Program Rules. You
We may change the terms of this reward should refer to that document for details on:
program at our discretion. If you violate or abuse . how to redeem your miles,
this reward program, you may forfeit some or all . Delta's right to change its program terms, and
of your miles. . other conditions that may apply to Delta's
program.
We are not responsible for miles after they are
credited to your SkyMiles account. We are also
not responsible for the actions of Delta on your
SkyMiles account.
Page 4 of 4
Zz
Detail of Changes to Your Cardmember Agreement
This notice amends your American Express Cardmember Agreement (" Agreement’) as described below. Any terms in the Cardmember Agreement
conflicting with these changes are completely replaced. Terms not changed by this notice continue to apply. If you have any questions, please call the
numberon the back of your Card.
Effective January 30, 2020, your Agreement will be amended as follows:
The Fees section of the Rates and Fees Table on Page 1 of Part 4 of the Agreement is amended by deleting the information in the Foreign
Transaction row and replacing it with the following: "None". The Fees section of the How Rates and Fees Work Table on Page 2 of Part 1 of the
Agreement is amended by deleting the information in the Foreign Transaction row and replacing it with the following: "None".
References in the Agreement to "Blue Delta SkyMiles ® Credit Card from American Express” are replaced with "Delta SkyMiles ® Blue American
Express Card".
The Supplement to the Cardmember Agreement is amended as follows
In the How you receive miles section, the first paragraph is deleted and replaced with "You receive 1 mile for each $1 of eligible
purchases on your Delta SkyMiles® Blue American Express Card (Card Account)." In addition, the third paragraph is amended with the
addition of "person-to-person transactions.”
In the How you receive additional miles section:
The first paragraph is deleted and replaced with "You receive 1 additional mile (a total of 2) for each $1 of eligible purchases on
your Card Account for the following purchases submitted to us using a Delta merchant code:
. air travel on a Delta flight
. air travel on a Delta partner flight with a DL flight number
. Delta Vacations® packages
. other Delta services"
This sentence is deleted: You will also receive an additional mile for each $1 of eligible purchases on your Card Account at
restaurants located in the United States. And replaced with: "You receive 1 additional mile (a total of 2) for each $1 of eligible
purchases on your Card Account charged at restaurants worldwide.”
NOTE: The paragraph sequence in this section has changed but the language, except where noted within this communication, has
remained the same.
Notice of Updates to Additional Benefits of your Card
As described below, we will be making updates to your card benefits. These benefits are provided to you at no additional charge as part of your
Card Membership. We encourage you to read this notice and file it for future reference. If you have any questions, please visit the website for
each benefit below, or call the number on the back of your Card.
Roadside Assistance Hotline
Effective 1/1/2020, Roadside Assistance Hotline will no longer be a benefit provided on this Card Account. Roadside Assistance Hotline can still
be used until 12/31/2019. For terms and conditions, please visit americanexpress.com/raterms.
Travel Accident Insurance*
Effective 1/1/2020, Travel Accident Insurance will no longer be a benefit provided on this Card Account. This means any eligible travel
purchases made on or after 1/1/2020 will not be covered by Travel Accident Insurance. Eligible travel purchases made priorto 1/1/2020 will still
be covered by Travel Accident Insurance.
*Travel Accident Insurance is underwritten by AMEX Assurance Company and Tokio Marine Pacific Insurance Limited. Subject to additional
terms, conditions and exclusions. For terms and conditions, please visit americanexpress.com/taiterms.
Extended Warranty*
For eligible purchases made on and after 1/1/2020 the following will occur:
. If the original manufacturer's warranty is less than one (1) year, we will match the length of that warranty.
. Ifthe original manufacturer's warranty is between one (1) year and five (5) years, we will Increase coverage to provide one (1) additional year
of warranty.
For eligible purchases made on or after 8/1/2018 but priorto 1/1/2020 the following will occur:
. If the original manufacturer's warranty is less than two (2) years, we will match the length of that warranty.
. If the original manufacturer's warranty is between two (2) years and five (5) years, we will provide two (2) additional
years of warranty".
*Extended Warranty is underwritten by AMEX Assurance Company and Tokio Marine Pacific Insurance Limited. Subject to additional terms,
conditions and exclusions. For terms and conditions, please visit americanexpress.com/ewterms.
*For residents of Indiana, Guam, Puerto Rico, and Northern Mariana Islands, your coverage will match the original warranty period for
warranties of less than one (1) year or provide one (1) additional year if the warranty is between one (1) and five (5) years.
The benefit is limited to the actual amount charged to your Card for the item, up to a maximum of $10,000; not to exceed $50,000 per Card
Member account per calendar year.
as Page 1 of 2
Purchase Protection*
For eligible purchases made on and after 1/1/2020 the coverage duration on eligible purchases will be 90 days.
For eligible purchases made prior to 1/1/2020, the coverage duration on eligible purchases will be 120 days**.
*Purchase Protection is underwritten by AMEX Assurance Company and Tokio Marine Pacific Insurance Limited. Subject to additional terms,
conditions and exclusions. For terms and conditions, please visit americanexpress.com/ppterms.
**For residents of New York, Indiana, Guam, Puerto Rico, and Northern Mariana Islands coverage duration is 90 days.
Return Protection
Effective 1/1/2020, Return Protection will no longer be a benefit provided on this Card Account. This means any purchases made on or after
1/1/2020 will not be covered by Return Protection. Eligible purchases made prior to 1/1/2020 will still be covered by Return Protection for up to
90 days from the original purchase. For terms and conditions, please visit americanexpress.com/rpterms.
Page 2 of 2
Cardmember Agreement: Part 2 of 2
How Your American Express Account Works
Introduction
About your Cardmember This document together with Part 1 make up the When you use the Account (or you sign or keep the
Agreement Cardmember Agreement (Agreement) for the Account card), you agree to the terms of the Agreement.
identified on page 1 of Part 1. Any supplements or
amendments are also part of the Agreement.
Changing the Agreement We may change this Agreement, subject to applicable Changes to some terms may require 45 days
law. We may do this in response to the business, legal or advance notice, and we will tell you in the notice if
competitive environment. This written Agreement is a final you have the right to reject a change. We cannot
expression of the agreement governing the Account. The change certain terms during the first year of your
written Agreement may not be contradicted by any alleged Cardmembership.
oral agreement.
We cannot increase the interest rate on existing balances
except in limited circumstances.
Words we use in We, us, and our mean the issuer shown on page 1 of A purchase is a charge for goods, services, or
the Agreement Part 1. You and your mean the person who applied for person-to-person transactions. A cash advance
this Account and for whom we opened the Account. You is a charge to get cash or cash equivalents,
and your also mean anyone who agrees to pay for this including travelers cheques, gift cheques, foreign
Account. You are the Basic Cardmember. You may currency, money orders, casino gaming chips, race
request a card for an Additional Cardmember (see About track wagers or similar offline and online betting
Additional Cardmembers in Part 2). transactions. A balance transferis a charge to pay
an amount you owe on another credit card account. A
Card means any card or other device that we issue to person-to-person transaction is a charge for funds
access your Account. A charge is any amount added sent to another person. A plan is a portion of your
to your Account, such as purchases, cash advances, account balance that you have selected to pay over
balance transfers, fees and interest charges. time through a set number of monthly payments using
Plan It.
To pay by a certain date means to send your payment
so that we receive it and credit it to your Account by
that date (see About your payments in Part 2).
About using your card
Using the card You may use the card to make purchases. At our We may (but are not required to) tell these merchants
discretion, we may permit you to create plans, make and third parties if your expiration date or card
cash advances or balance transfers. You cannot transfer number changes or if your account status is updated,
balances from any other account issued by us or our including if your account is cancelled. If you do not
affiliates. want us to share your updated account information,
please contact us using the number on the back of
You may arrange for certain merchants and third parties your card
to store your card number and expiration date, so that, for
example: Keep your card safe and don't let anyone else use it.
* the merchant may charge your account at regular If your card is lost or stolen or your Account is being
intervals; or used without your permission, contact us right away.
* you may make charges using that stored card You may not use your Account for illegal activities.
information.
Promise to pay You promise to pay all charges, including
* charges you make, even if you do not present your card or sign for the transaction,
charges that other people make if you let them use your Account, and
« charges that Additional Cardmembers make or permit others to make.
Credit limit and cash We assign a Credit Limit to your Account. We may make your Account balance (including fees and interest)
advance limit part of your Credit Limit available for cash advances (Cash is not more than your Credit Limit, and
Advance Limit). There may also be a limit on the amount * your cash advance balance (including fees and
you can withdraw from ATMs in a given period. The Credit interest) is not more than your Cash Advance
Limit and Cash Advance Limit are shown on page 1 of Limit.
Part 1 and on each billing statement. We may approve charges that cause your Account
balance to go over your Credit Limit. If we do this,
We may increase or reduce your Credit Limit and Cash we will not charge an overlimit fee. If we ask you to
Advance Limit. We may do so even if you pay on time and promptly pay the amount of your Account balance
your Account is not in default. above your Credit Limit, you agree to do so.
You agree to manage your Account so that
Page 1 of 10
Limits on person-to-person Your person-to-person transactions may not exceed the You agree to manage your Account so that the total
transactions $2,000 person-to-person transactions limit within any 30- of your person-to-person transactions in any 30-day
day period period do not exceed the limit on person-to-person
transactions.
We may not approve a person-to-person transaction if
it would cause your Account to exceed the person-to-
person transaction limit or your Credit Limit.
Declined transactions We may decline to authorize a charge. Reasons we may and your Account is not in default. We are not
do this include suspected fraud and our assessment of responsible for any losses you incur if we do not
your creditworthiness. This may occur even if the charge authorize a charge. And we are not responsible if any
would not cause you to go over your Credit Limit merchant refuses to accept the card,
About the Plan It feature We may offer you Plan It, which allows you to create a Your ability to initiate plans will be based on a variely
payment plan for qualifying purchases or a qualifying of factors such as your creditworthiness or your
amount, subject to a plan fee. This fee is a fixed finance Credit Limit. You will not be able to initiate plans if
charge that will be charged each month that a plan is your Account is cancelled. You will also not be able
active. to initiate plans if one or more of your American
You may use this feature by selecting qualifying purchases Express accounts is enrolled into a debt management
or a qualifying amount and a plan duration. You will be program, or has a payment that is returned unpaid,
able to view the monthly plan payments, including the plan or is delinquent. We will tell you the number of active
fee, for your selection. Each plan fee will be disclosed plans you may have and we may change this number
prior to your establishing the applicable plan and will be at any time. The plan durations offered to you, and
based on the plan duration, the APR that would otherwise your ability to include multiple qualifying purchases
apply to the purchase amount(s), and other factors. When or a qualifying amount in a single plan, will be at
you set up a plan, the purchases or amount will be moved our discretion and will be based on a variety of
to a plan balance and will be subject to a plan fee instead factors such as your creditworthiness, the purchase
of the APR for purchases. amount(s), and your Account history. You agree to
manage your Account so that the total of your plan
A qualifying purchase for Plan It is a purchase of at least balances (including plan fees) is not more than your
a specified dollar amount. A qualifying amount for Plan Credit Limit.
Itis a specified portion of your balance. These qualifying
purchases or a qualifying amount do not include: cash Plans cannot be cancelled after they have been set
or cash equivalents, purchases subject to Foreign up but you can choose to pay them early by paying
Transaction Fees, or any fees owed to us, including the New Balance shown on your most recent billing
Annual Membership fees. statement in full. If you pay a plan off early, you will
not incur any future plan fees on that plan
About your payments
When you must pay You must pay at least the Minimum Payment Due by the at least the Minimum Payment Due in such time and
Payment Due Date. The Minimum Payment Due and manner by the Payment Due Date shown on your
Payment Due Date are shown on each billing statement. billing statement.
Each statement also states the time and manner by which Each statement also shows a Closing Date. The
you must make your payment for it to be credited as Closing Date is the last day of the billing period
of the same day it is received. For your payment to be covered by the statement. Each Closing Date is about
considered on time, we must receive 30 days after the previous statement's Closing Date.
How to make payments Make payments to us in U.S. dollars with If we receive it after that time, we will credit the
* asingle check drawn on a U.S. bank, or payment on the day after we receive it
* a single negotiable instrument clearable through the If your payment does not meet the above
U.S. banking system, for example a money order, or requirements, there may be a delay in crediting your
* an electronic payment that can be cleared through the
U.S. banking system. Account. This may result in late fees and additional
interest charges (see How Rates and Fees Work on
When making a payment by mail: page 2 of Part 1).
© make a separate payment for each account,
mail your payment to the address shown on the If we decide to accept a payment made in a foreign
payment coupon on your billing statement, and currency, we will choose a rate to convert your
write your Account number on your check or negotiable payment into U.S. dollars, unless the law requires us
instrument and include the payment coupon. to use a particular rate.
If your payment meets the above requirements, we will If we process a late payment, a partial payment, or a
credit it to your Account as of the day we receive it, as payment marked with any restrictive language, that
long as we receive it by the time disclosed in your billing will have no effect on our rights and will not change
statement. this Agreement
How we apply payments Your Account may have balances with different interest . After the Minimum Payment Due has been paid,
and credits rates. For example, purchases may have a lower interest we apply your payments to the balance subject
rate than cash advances. Your Account may also have to the highest interest rate, then to balances
plan balances which are assessed plan fees. If your subject to lower interest rates, and then to any
Account has balances with different interest rates, plan plan balances.
balances, or plan fees, here is how we generally apply In most cases, we apply a credit to the same balance
payments in a billing period: as the related charge. For example, we apply a credit
* We apply your payments, up to the Minimum Payment for a purchase to the purchase balance. We may
Due, first to any plan amounts included in your apply payments and credits within balances, and
Minimum Payment Due, then to the balance subject to among balances with the same interest rate, in any
the lowest interest rate, and then to balances subject to order we choose. If you receive a merchant credit for
higher interest rates. a purchase placed into a plan, you must call us at the
number on the back of your card to have the credit
applied to the plan balance.
Page 2 of 10
About your Minimum Payment Due
How we calculate your To calculate the Minimum Payment Due for each
Minimum Payment Due billing statement, we start with the highest of:
EXAMPLE: Assume that your New Balance is $2,900,
(1) Interest charged on the billing statement plus 1% interest is $29.57, and you have no active plans,
of the New Balance (excluding any interest, penalty overlimit amount, penalty fees, or amounts past due.
fees, overlimit amount, and plan balances); or
(2) 2% of the New Balance (excluding any penalty (1) $29.57 + 1% multiplied by ($2,900 - $29.57) =
fees, overlimit amount, and plan balances); or $58.27
(3) $39.
Preview
Filing # 195447764 E-Filed 04/04/2024 07:23:22 AM IN THE COUNTY COURT FOR THE TWELFTH JUDICIAL CIRCUIT IN AND FOR SARASOTA COUNTY, FLORIDA AMERICAN EXPRESS NATIONAL BANK, CASE NO.: Plaintiff vs. ANNA GERACE Defendant COMPLAINT Plaintiff, AMERICAN EXPRESS NATIONAL BANK, sues the Defendant, ANNA GERACE, and allege: JURISDICTION AND PARTIES This is an action for damages for an amount which exceeds $8,000.00 and does not exceed $50,000.00, to-wit: $25,236.95, exclusive of court costs. Plaintiff, AMERICAN EXPRESS NATIONAL BANK, Defendant, ANNA GERACE, is a resident of SARASOTA County, Florida, is an individual over the age of eighteen (18), years of age, upon information and belief is not in the military and is otherwise sui juris. This court has jurisdiction over the parties pursuant to Florida Statutes, and venue is appropriate. Filed 04/04/2024 01:39 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL COUNT I BREACH OF CONTRACT At all times material hereto, the Defendant, ANNA GERACE, requested an American Express credit card (hereinafter referred to as "CARD") from Plaintiff, AMERICAN EXPRESS NATIONAL BANK, for the purposes of obtaining goods and/or services and/or cash advances. At all times material hereto, pursuant to the Defendant, ANNA GERACE, request for an American Express Card, the Plaintiff, AMERICAN EXPRESS NATIONAL BANK, issued CARD to the Defendant, ANNA GERACE. At all times material hereto, the Defendant, ANNA GERACE, used CARD for the purposes of obtaining goods and/or services and/or cash advances. At all times material hereto, CARD that the Plaintiff, issued to the Defendant, ANNA GERACE, stated that the use of CARD "is Subject to the Cardmember Agreement". At all times material hereto, each time that the Defendant, ANNA GERACE, used CARD, the Defendant, ANNA GERACE, thereby accepted the terms and conditions of the Cardmember Agreement. A true and correct copy of the Cardmember Agreement which was in effect at the time of the cancellation of CARD account is attached hereto and is incorporated herein as Exhibit "A". 10 At all times material hereto, the Defendant, ANNA GERACE, received a copy of the Cardmember Agreement which contained all of the "Terms and Conditions" for the use of CARD. 11 At all times material hereto, pursuant to the terms of the Cardmember Agreement, the Defendant, ANNA GERACE, agreed to be jointly responsible and/or liable for all of the charges and/or cash advances made on CARD. 12 At all times material hereto, pursuant to the terms of the Cardmember Agreement, the Defendant, ANNA GERACE, to be jointly responsible and/or liable for charges made on CARD by any and/or all additional cardmembers irrespective of whether the Defendant, ANNA GERACE, or the additional cardmember signed a charge form or presented CARD. 13, At all times material hereto, pursuant to the terms of the Cardmember Agreement, the Defendant, ANNA GERACE, agreed to be jointly responsible and/or liable for charges made on CARD by anyone that the Defendant, ANNA GERACE, or additional cardmember (if applicable) let use CARD. 14 Plaintiff, AMERICAN EXPRESS NATIONAL BANK, has performed any and/or all conditions precedent to be performed by the Plaintiff, or any such conditions have occurred. 15 Defendant, ANNA GERACE, breached the agreement by failing to pay the Plaintiff, AMERICAN EXPRESS NATIONAL BANK. 16 Plaintiff, AMERICAN EXPRESS NATIONAL BANK, has been damaged in the sum of $25,236.95. WHEREFORE, Plaintiff, AMERICAN EXPRESS NATIONAL BANK, demands judgment for damages against Defendant, ANNA GERACE, in the amount of $25,236.95, together with court costs and such other relief that this Court deems reasonable. COUNT II MONEY LENT Pursuant to F.R.C.P. Form 1.936 Approved by the Florida Supreme Court. 17 Plaintiff, AMERICAN EXPRESS NATIONAL BANK, readopts and realleges the Jurisdictional and Parties allegations of this Complaint. 18 The Defendant, ANNA GERACE, owes Plaintiff, AMERICAN EXPRESS NATIONAL BANK, $25,236.95, that is due with interest since November 16, 2023. for money lent by Plaintiff, AMERICAN EXPRESS NATIONAL BANK, to Defendant, ANNA GERACE, on November 16, 2023. WHEREFORE, Plaintiff, AMERICAN EXPRESS NATIONAL BANK, demands judgment for damages against Defendant, ANNA GERACE, in the amount of $25,236.95, together with court costs and such other relief that this Court deems reasonable. COUNT Ill ACCOUNTS STATED Pursuant to F.R.C.P. Form 1.933 Approved by the Florida Supreme Court 19 Plaintiff, AMERICAN EXPRESS NATIONAL BANK, readopts and realleges the Jurisdictional and Parties allegations of this Complaint. 20 Before the institution of this action Plaintiff, AMERICAN EXPRESS NATIONAL BANK, and Defendant, ANNA GERACE, had business transactions between them. 21 Plaintiff, AMERICAN EXPRESS NATIONAL BANK, sent a statement to Defendant, ANNA GERACE, on November 16, 2023, and defendant failed to object within a reasonable time after receiving the statement. A copy of the statement is attached hereto and incorporated herein as Exhibit “B” 22 Defendant, ANNA GERACE, implicitly promised to pay plaintiff the amount set forth in the statement. 23 Defendant, ANNA GERACE, has not paid plaintiff the amount owed on the account. $25,236.95, plus interest since November 16, 2023. THIS SPACE HAS BEEN LEFT INTENTIONALLY BLANK WHEREFORE, Plaintiff, AMERICAN EXPRESS NATIONAL BANK, demands judgment for damages against Defendant, ANNA GERACE, in the amount of $25,236.95, together with court costs and such other relief that this Court deems reasonable. MODLIN SLINSKY, P.A. Attorneys for Plaintiff 1551 Sawgrass Corporate Parkway, Suite 110 Sunrise, FL 33323 Telephone: 888-323-4577 Facsimile 754-551-5791 Designated E-Mail: pleadings@Issmlaw.com By:_/s/ ScottE. Modlin, Esq. Scott E. Modlin, Esq. Florida Bar No. 947296 Modlin Slinsky File No.: 23159416 EXHIBIT A Cardmember Agreement: Part 1 of 2 As of: 01/10/2020 Blue Delta SkyMiles® Cardmember Name: ANNA GERACE Credit Limit: $10,000 (Cash Advance Limit: $2,000) Account Ending In: Rates and Fees Table Issuer: American Express National Bank Annual Percentage Rate (APR) for Purchases 24.24% This APR will vary with the market based on the Prime Rate. APR for Balance Transfers 24.24% for any balance transfer requests we may accept. This APR will vary with the market based on the Prime Rate. APR for Cash Advances 26.74% This APR will vary with the market based on the Prime Rate. Penalty APR and When it 29.99% Applies This APR will vary with the market based on the Prime Rate. This APR may be applied to your account if: 1) you make one or more late payments; or 2) your payment is returned by your bank. We may also consider your creditworthiness in determining whether or not to apply the penalty APR to your Account. How Long Will the Penalty APR Apply? If the penalty APR is applied, it will apply for at least 6 months. We will review your Account every 6 months after the penalty APR is applied. The penalty APR will continue to apply until you have made timely payments with no returned payments during the 6 months being reviewed Paying Interest Your due date is at least 25 days after the close of each billing period. We will not charge you interest on purchases if you pay each month your entire balance (or, if you have a plan outstanding, your balance adjusted for plans) by the due date. We will begin charging interest on cash advances and balance transfers on the transaction date. Plan Fee (Fixed Finance Amonthly fee up to 1.07% of each purchase amount moved into a plan based on the plan Charge) duration, the APR that would otherwise apply to the purchase, and other factors. For Credit Card Tips from To learn more about factors to consider when applying for or using a credit card, visit! the Consumer Financial the website of the Consumer Financial Protection Bureau at Protection Bureau http://www.consumerfinance.gov/learnmore ee Annual Membership Fee None Transaction Fees + Balance Transfer Either $5 or 3% of the amount of each transfer, whichever is greater. . Cash Advance Either $10 or 5% of the amount of each cash advance, whichever is greater. + Foreign Transaction 2.7% of each transaction after conversion to US dollars. Penalty Fees + Late Payment Up to $39. + Returned Payment Up to $39. + Overlimit None How we calculate interest: We use the Average Daily Balance method (including new transactions). See the How we calculate interest section in Part 2. Your Billing Rights: See Part 2 for information on how to exercise your rights to dispute transactions. ES Page 1 of 4 How Rates and Fees Work ee Calculating The Annual Percentage Rate (APR) for variable rates is determined by adding an amount (margin) to APRs and DPRs the Prime Rate (see Determining the Prime Rate in Part 2). The Daily Periodic Rate (DPR) is 1/365th of the APR, rounded to one ten-thousandth of a percentage point. Rate Description Prime + Margin APR DPR Purchase Prime + 19.49% 24.24% 0.0664% Balance Transfer Prime + 19.49% 24.24% 0.0664% Cash Advance Prime + 21.99% 26.74% 0.0733% Penalty Prime + 25.99%* 29.99% 0.0822% *The variable penalty APR will not exceed 29.99% Penalty APR for new The penalty APR may apply to new transactions if: If the penalty APR applies to a balance, it will transactions . you do not pay at least the Minimum Payment apply to charges added to that balance 15 or Due by the Payment Due Date on one or more days after we send you notice. more occasions; or We will review your Account every 6 months after your payment is returned by your bank. the penalty APR is applied. The penalty APR will continue to apply until you have made timely We may also consider your creditworthiness in payments with no returned payments during the 6 determining whether or not to apply the penalty months being reviewed. APR to your Account. We add fees to a purchase balance, unless we tell you otherwise. Annual Membership This fee is on the Rates and Fees Table on page 1 of Part 1. Plan Fee Up to 1.07% of each purchase amount moved into a plan based on the plan duration, the APR that would otherwise apply to the purchase amount(s), and other factors. This fee is a fixed finance charge that will be charged each month that a plan is active. The dollar amount of your plan fee will be disclosed when you set up a plan. For more information, see About the Plan It Feature in Part 2 of your Cardmember Agreement Late Payment Up to $39. If we do not receive the Minimum Payment Due by its Payment Due Date, the fee is $28. If this happens again within the next 6 billing periods, the fee is $39. However, the late fee will not exceed the Minimum Payment Due. Paying late may also result in a penalty APR. See Penalty APR for new transactions above. Returned Payment Up to $39. If you make a payment that is returned unpaid the first time we present it to your bank, the fee is $28. If you do this again within the same billing period or the next 6 billing periods, the fee is $39. However, the returned payment fee will not exceed the applicable Minimum Payment Due. A returned payment may also result in a penalty APR. See Penalty APR for new transactions above. Returned Check $38 if you use your card to cash a check at one of our approved locations and the check is returned unpaid. We will also charge you the unpaid amount. Overlimit None. See Credit limit and cash advance limit in Part 2. Account Re-opening $25 if your Account is cancelled, you ask us to re-open it, and we do so. Balance Transfer 3% of the transaction, with a minimum of $5. A different fee may apply if stated in a promotional offer or at the time of a transaction. This fee is a finance charge. We will add it to the same balance as the balance transfer. Cash Advance 5% of the cash advance transaction (including fees charged by the ATM operator, if any), with a minimum of $10. We will add this fee to the Cash Advance balance. Foreign Transaction .7% of the converted U.S. dollar amount. This fee is a finance charge. See Part 2 for Converting charges made in a foreign currency. Part 1, Part 2 and any supplements or amendments make up your Cardmember Agreement. EE Page 2 of 4 Supplement to the Cardmember Agreement How Your Reward Program Works Blue Delta SkyMiles® How you receive miles You receive 1 mile for each $1 of eligible Eligible purchases do NOT include: purchases on your Blue Delta SkyMiles Credit fees or interest charges, Card (Card Account). balance transfers, Eligible purchases are purchases for goods and cash advances, services minus returns and other credits. purchases of traveler's checks, purchases or reloading of prepaid cards, or purchases of any cash equivalents How you receive additional You receive an additional mile for each $1 of You will also receive an additional mile for each miles eligible purchases on your Card Account for $1 of eligible purchases on your Card Account at the following purchases submitted to us using a restaurants located in the United States. Delta merchant code: . air travel on a Delta flight. Purchases made through a third-party payment . air travel on a Delta partner flight with a DL account or on an online marketplace (with flight code. multiple retailers) will not receive additional . Delta vacation packages miles. . other Delta services. Merchants are typically assigned codes and You will NOT receive additional miles for: categorized based on what they primarily sell. . purchases of air travel on a Delta flight A purchase will not receive additional miles if that are part of all-inclusive air or sea tour the merchant, or a particular merchant location, packages uses a code that is not eligible for additional miles. For questions about additional miles on a From time to time, we may make promotional purchase, call the number on the back of your offers of bonus miles. These offers include Card, terms about how you can earn the bonus miles and when you can use them. These offer terms A purchase may not receive additional miles may differ from the terms above concerning if the merchant submits the purchase using a miles eamed for charges to your Card Account, mobile or wireless card reader or if you use a including about when you can use the miles. mobile or digital wallet. You can view your miles balance by logging onto your online account at Please visit americanexpress.com/rewards- americanexpress.com and viewing your info for more information about rewards. account summary page. When we transfer miles We transfer the miles you receive to your Delta SkyMiles account after the end of the billing period in which you received them. Bonus miles awarded for promotional offers will be posted to your Delta SkyMiles account 8 to 12 weeks after the end of each month. To be eligible to earn bonus miles, your account must not be cancelled or delinquent at time of bonus fulfillment. When you will If the Minimum Payment Due is not paid by the You may reinstate those miles within the next 12 forfeit miles Closing Date of the billing period in which it is billing periods if your Card Account is not past due, you will forfeit the miles you received for due and you pay a $35 fee eligible purchases during that billing period. For example, if your billing period closes January 15 and the minimum payment for that billing period is due on February 10, and you do not make that minimum payment due by the close of your next billing period on February 15, then you will not eam miles for spend in the billing period ending February 15. Page 3 of 4 Other things you should know You will receive miles only for eligible purchases Miles are subject to the Delta SkyMiles about this program intended for personal, family or household use. Membership Guide and Program Rules. You We may change the terms of this reward should refer to that document for details on: program at our discretion. If you violate or abuse . how to redeem your miles, this reward program, you may forfeit some or all . Delta's right to change its program terms, and of your miles. . other conditions that may apply to Delta's program. We are not responsible for miles after they are credited to your SkyMiles account. We are also not responsible for the actions of Delta on your SkyMiles account. Page 4 of 4 Zz Detail of Changes to Your Cardmember Agreement This notice amends your American Express Cardmember Agreement (" Agreement’) as described below. Any terms in the Cardmember Agreement conflicting with these changes are completely replaced. Terms not changed by this notice continue to apply. If you have any questions, please call the numberon the back of your Card. Effective January 30, 2020, your Agreement will be amended as follows: The Fees section of the Rates and Fees Table on Page 1 of Part 4 of the Agreement is amended by deleting the information in the Foreign Transaction row and replacing it with the following: "None". The Fees section of the How Rates and Fees Work Table on Page 2 of Part 1 of the Agreement is amended by deleting the information in the Foreign Transaction row and replacing it with the following: "None". References in the Agreement to "Blue Delta SkyMiles ® Credit Card from American Express” are replaced with "Delta SkyMiles ® Blue American Express Card". The Supplement to the Cardmember Agreement is amended as follows In the How you receive miles section, the first paragraph is deleted and replaced with "You receive 1 mile for each $1 of eligible purchases on your Delta SkyMiles® Blue American Express Card (Card Account)." In addition, the third paragraph is amended with the addition of "person-to-person transactions.” In the How you receive additional miles section: The first paragraph is deleted and replaced with "You receive 1 additional mile (a total of 2) for each $1 of eligible purchases on your Card Account for the following purchases submitted to us using a Delta merchant code: . air travel on a Delta flight . air travel on a Delta partner flight with a DL flight number . Delta Vacations® packages . other Delta services" This sentence is deleted: You will also receive an additional mile for each $1 of eligible purchases on your Card Account at restaurants located in the United States. And replaced with: "You receive 1 additional mile (a total of 2) for each $1 of eligible purchases on your Card Account charged at restaurants worldwide.” NOTE: The paragraph sequence in this section has changed but the language, except where noted within this communication, has remained the same. Notice of Updates to Additional Benefits of your Card As described below, we will be making updates to your card benefits. These benefits are provided to you at no additional charge as part of your Card Membership. We encourage you to read this notice and file it for future reference. If you have any questions, please visit the website for each benefit below, or call the number on the back of your Card. Roadside Assistance Hotline Effective 1/1/2020, Roadside Assistance Hotline will no longer be a benefit provided on this Card Account. Roadside Assistance Hotline can still be used until 12/31/2019. For terms and conditions, please visit americanexpress.com/raterms. Travel Accident Insurance* Effective 1/1/2020, Travel Accident Insurance will no longer be a benefit provided on this Card Account. This means any eligible travel purchases made on or after 1/1/2020 will not be covered by Travel Accident Insurance. Eligible travel purchases made priorto 1/1/2020 will still be covered by Travel Accident Insurance. *Travel Accident Insurance is underwritten by AMEX Assurance Company and Tokio Marine Pacific Insurance Limited. Subject to additional terms, conditions and exclusions. For terms and conditions, please visit americanexpress.com/taiterms. Extended Warranty* For eligible purchases made on and after 1/1/2020 the following will occur: . If the original manufacturer's warranty is less than one (1) year, we will match the length of that warranty. . Ifthe original manufacturer's warranty is between one (1) year and five (5) years, we will Increase coverage to provide one (1) additional year of warranty. For eligible purchases made on or after 8/1/2018 but priorto 1/1/2020 the following will occur: . If the original manufacturer's warranty is less than two (2) years, we will match the length of that warranty. . If the original manufacturer's warranty is between two (2) years and five (5) years, we will provide two (2) additional years of warranty". *Extended Warranty is underwritten by AMEX Assurance Company and Tokio Marine Pacific Insurance Limited. Subject to additional terms, conditions and exclusions. For terms and conditions, please visit americanexpress.com/ewterms. *For residents of Indiana, Guam, Puerto Rico, and Northern Mariana Islands, your coverage will match the original warranty period for warranties of less than one (1) year or provide one (1) additional year if the warranty is between one (1) and five (5) years. The benefit is limited to the actual amount charged to your Card for the item, up to a maximum of $10,000; not to exceed $50,000 per Card Member account per calendar year. as Page 1 of 2 Purchase Protection* For eligible purchases made on and after 1/1/2020 the coverage duration on eligible purchases will be 90 days. For eligible purchases made prior to 1/1/2020, the coverage duration on eligible purchases will be 120 days**. *Purchase Protection is underwritten by AMEX Assurance Company and Tokio Marine Pacific Insurance Limited. Subject to additional terms, conditions and exclusions. For terms and conditions, please visit americanexpress.com/ppterms. **For residents of New York, Indiana, Guam, Puerto Rico, and Northern Mariana Islands coverage duration is 90 days. Return Protection Effective 1/1/2020, Return Protection will no longer be a benefit provided on this Card Account. This means any purchases made on or after 1/1/2020 will not be covered by Return Protection. Eligible purchases made prior to 1/1/2020 will still be covered by Return Protection for up to 90 days from the original purchase. For terms and conditions, please visit americanexpress.com/rpterms. Page 2 of 2 Cardmember Agreement: Part 2 of 2 How Your American Express Account Works Introduction About your Cardmember This document together with Part 1 make up the When you use the Account (or you sign or keep the Agreement Cardmember Agreement (Agreement) for the Account card), you agree to the terms of the Agreement. identified on page 1 of Part 1. Any supplements or amendments are also part of the Agreement. Changing the Agreement We may change this Agreement, subject to applicable Changes to some terms may require 45 days law. We may do this in response to the business, legal or advance notice, and we will tell you in the notice if competitive environment. This written Agreement is a final you have the right to reject a change. We cannot expression of the agreement governing the Account. The change certain terms during the first year of your written Agreement may not be contradicted by any alleged Cardmembership. oral agreement. We cannot increase the interest rate on existing balances except in limited circumstances. Words we use in We, us, and our mean the issuer shown on page 1 of A purchase is a charge for goods, services, or the Agreement Part 1. You and your mean the person who applied for person-to-person transactions. A cash advance this Account and for whom we opened the Account. You is a charge to get cash or cash equivalents, and your also mean anyone who agrees to pay for this including travelers cheques, gift cheques, foreign Account. You are the Basic Cardmember. You may currency, money orders, casino gaming chips, race request a card for an Additional Cardmember (see About track wagers or similar offline and online betting Additional Cardmembers in Part 2). transactions. A balance transferis a charge to pay an amount you owe on another credit card account. A Card means any card or other device that we issue to person-to-person transaction is a charge for funds access your Account. A charge is any amount added sent to another person. A plan is a portion of your to your Account, such as purchases, cash advances, account balance that you have selected to pay over balance transfers, fees and interest charges. time through a set number of monthly payments using Plan It. To pay by a certain date means to send your payment so that we receive it and credit it to your Account by that date (see About your payments in Part 2). About using your card Using the card You may use the card to make purchases. At our We may (but are not required to) tell these merchants discretion, we may permit you to create plans, make and third parties if your expiration date or card cash advances or balance transfers. You cannot transfer number changes or if your account status is updated, balances from any other account issued by us or our including if your account is cancelled. If you do not affiliates. want us to share your updated account information, please contact us using the number on the back of You may arrange for certain merchants and third parties your card to store your card number and expiration date, so that, for example: Keep your card safe and don't let anyone else use it. * the merchant may charge your account at regular If your card is lost or stolen or your Account is being intervals; or used without your permission, contact us right away. * you may make charges using that stored card You may not use your Account for illegal activities. information. Promise to pay You promise to pay all charges, including * charges you make, even if you do not present your card or sign for the transaction, charges that other people make if you let them use your Account, and « charges that Additional Cardmembers make or permit others to make. Credit limit and cash We assign a Credit Limit to your Account. We may make your Account balance (including fees and interest) advance limit part of your Credit Limit available for cash advances (Cash is not more than your Credit Limit, and Advance Limit). There may also be a limit on the amount * your cash advance balance (including fees and you can withdraw from ATMs in a given period. The Credit interest) is not more than your Cash Advance Limit and Cash Advance Limit are shown on page 1 of Limit. Part 1 and on each billing statement. We may approve charges that cause your Account balance to go over your Credit Limit. If we do this, We may increase or reduce your Credit Limit and Cash we will not charge an overlimit fee. If we ask you to Advance Limit. We may do so even if you pay on time and promptly pay the amount of your Account balance your Account is not in default. above your Credit Limit, you agree to do so. You agree to manage your Account so that Page 1 of 10 Limits on person-to-person Your person-to-person transactions may not exceed the You agree to manage your Account so that the total transactions $2,000 person-to-person transactions limit within any 30- of your person-to-person transactions in any 30-day day period period do not exceed the limit on person-to-person transactions. We may not approve a person-to-person transaction if it would cause your Account to exceed the person-to- person transaction limit or your Credit Limit. Declined transactions We may decline to authorize a charge. Reasons we may and your Account is not in default. We are not do this include suspected fraud and our assessment of responsible for any losses you incur if we do not your creditworthiness. This may occur even if the charge authorize a charge. And we are not responsible if any would not cause you to go over your Credit Limit merchant refuses to accept the card, About the Plan It feature We may offer you Plan It, which allows you to create a Your ability to initiate plans will be based on a variely payment plan for qualifying purchases or a qualifying of factors such as your creditworthiness or your amount, subject to a plan fee. This fee is a fixed finance Credit Limit. You will not be able to initiate plans if charge that will be charged each month that a plan is your Account is cancelled. You will also not be able active. to initiate plans if one or more of your American You may use this feature by selecting qualifying purchases Express accounts is enrolled into a debt management or a qualifying amount and a plan duration. You will be program, or has a payment that is returned unpaid, able to view the monthly plan payments, including the plan or is delinquent. We will tell you the number of active fee, for your selection. Each plan fee will be disclosed plans you may have and we may change this number prior to your establishing the applicable plan and will be at any time. The plan durations offered to you, and based on the plan duration, the APR that would otherwise your ability to include multiple qualifying purchases apply to the purchase amount(s), and other factors. When or a qualifying amount in a single plan, will be at you set up a plan, the purchases or amount will be moved our discretion and will be based on a variety of to a plan balance and will be subject to a plan fee instead factors such as your creditworthiness, the purchase of the APR for purchases. amount(s), and your Account history. You agree to manage your Account so that the total of your plan A qualifying purchase for Plan It is a purchase of at least balances (including plan fees) is not more than your a specified dollar amount. A qualifying amount for Plan Credit Limit. Itis a specified portion of your balance. These qualifying purchases or a qualifying amount do not include: cash Plans cannot be cancelled after they have been set or cash equivalents, purchases subject to Foreign up but you can choose to pay them early by paying Transaction Fees, or any fees owed to us, including the New Balance shown on your most recent billing Annual Membership fees. statement in full. If you pay a plan off early, you will not incur any future plan fees on that plan About your payments When you must pay You must pay at least the Minimum Payment Due by the at least the Minimum Payment Due in such time and Payment Due Date. The Minimum Payment Due and manner by the Payment Due Date shown on your Payment Due Date are shown on each billing statement. billing statement. Each statement also states the time and manner by which Each statement also shows a Closing Date. The you must make your payment for it to be credited as Closing Date is the last day of the billing period of the same day it is received. For your payment to be covered by the statement. Each Closing Date is about considered on time, we must receive 30 days after the previous statement's Closing Date. How to make payments Make payments to us in U.S. dollars with If we receive it after that time, we will credit the * asingle check drawn on a U.S. bank, or payment on the day after we receive it * a single negotiable instrument clearable through the If your payment does not meet the above U.S. banking system, for example a money order, or requirements, there may be a delay in crediting your * an electronic payment that can be cleared through the U.S. banking system. Account. This may result in late fees and additional interest charges (see How Rates and Fees Work on When making a payment by mail: page 2 of Part 1). © make a separate payment for each account, mail your payment to the address shown on the If we decide to accept a payment made in a foreign payment coupon on your billing statement, and currency, we will choose a rate to convert your write your Account number on your check or negotiable payment into U.S. dollars, unless the law requires us instrument and include the payment coupon. to use a particular rate. If your payment meets the above requirements, we will If we process a late payment, a partial payment, or a credit it to your Account as of the day we receive it, as payment marked with any restrictive language, that long as we receive it by the time disclosed in your billing will have no effect on our rights and will not change statement. this Agreement How we apply payments Your Account may have balances with different interest . After the Minimum Payment Due has been paid, and credits rates. For example, purchases may have a lower interest we apply your payments to the balance subject rate than cash advances. Your Account may also have to the highest interest rate, then to balances plan balances which are assessed plan fees. If your subject to lower interest rates, and then to any Account has balances with different interest rates, plan plan balances. balances, or plan fees, here is how we generally apply In most cases, we apply a credit to the same balance payments in a billing period: as the related charge. For example, we apply a credit * We apply your payments, up to the Minimum Payment for a purchase to the purchase balance. We may Due, first to any plan amounts included in your apply payments and credits within balances, and Minimum Payment Due, then to the balance subject to among balances with the same interest rate, in any the lowest interest rate, and then to balances subject to order we choose. If you receive a merchant credit for higher interest rates. a purchase placed into a plan, you must call us at the number on the back of your card to have the credit applied to the plan balance. Page 2 of 10 About your Minimum Payment Due How we calculate your To calculate the Minimum Payment Due for each Minimum Payment Due billing statement, we start with the highest of: EXAMPLE: Assume that your New Balance is $2,900, (1) Interest charged on the billing statement plus 1% interest is $29.57, and you have no active plans, of the New Balance (excluding any interest, penalty overlimit amount, penalty fees, or amounts past due. fees, overlimit amount, and plan balances); or (2) 2% of the New Balance (excluding any penalty (1) $29.57 + 1% multiplied by ($2,900 - $29.57) = fees, overlimit amount, and plan balances); or $58.27 (3) $39.