Preview
INDEX NO. E2024006130
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/09/2024
MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT.
Receipt # 3818600
Book Page CIVIL
Return To: No. Pages: 20
ANTHONY J. MIGLIACCIO
American Express Legal Instrument: EXHIBIT(S)
200 Vesey Street 22nd Floor
New York, NY 10285 Control #: 202404101582
Index #: E2024006130
Date: 04/10/2024
AMERICAN EXPRESS NATIONAL BANK. Time: 3:38:51 PM
Massicci, Anthony
Total Fees Paid: $0.00
Employee:
State of New York
MONROE COUNTY CLERK’S OFFICE
WARNING — THIS SHEET CONSTITUTES THE CLERKS
ENDORSEMENT, REQUIRED BY SECTION 317-a(5) &
SECTION 319 OF THE REAL PROPERTY LAW OF THE
STATE OF NEW YORK. DO NOT DETACH OR REMOVE.
JAMIE ROMEO.
MONROE COUNTY CLERK
MOTI
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NYSCEF BOC. NO. 2 RECEIVED NYSCEF: 04/09/2024
Cardmember Agreement: Part 1 of 2 As of: 11/27/2019
Bonvoy Brilliant Amex Card
Cardmember Name: ANTHONY MASSICCI
Credit Limit: $10,000 (Cash Advance Limit: $2,000) Account Ending In: 1007
Rates and Fees Table Issuer: American Express National Bank
aC)
Annual Percentage Rate
(APR) for Purchases
22.24%
This APR will vary with the market based on the Prime Rate.
APR for Balance Transfers \22.24% 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 A monthly fee up to 0.98% 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
roy
Annual Membership Fee $450
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 None
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.
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How Rates and Fees Work
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 + 17.49% 22.24% 0.0609%
Balance Transfer Prime + 17.49% 22.24% 0.0609%
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.
md
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 0.98% 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 None
Part 1, Part 2 and any supplements or amendments make up your Cardmember Agreement.
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Supplement to the Cardmember Agreement
How Your Reward Program Works
Marriott Bonvoy Brilliant™ American Express’ Card
How you receive points You receive 2 Marriott Bonvoy Points (Points) for Eligible purchases do NOT include:
each $1 of eligible purchases on your Marriott + fees or interest charges,
Bonvoy Britliant™ American Express” Card (Card . balance transfers,
Account). . cash advances,
+ purchases of traveler's checks,
Eligible purchases are purchases for goods and . purchases or reloading of prepaid cards, or
services minus returns and other credits. . purchases of any cash equivalents.
How you receive You receive 4 additional Points (for a total of 6 Merchants are typically assigned codes and
additional points Points) for each $1 of eligible purchases on your categorized based on what they primarily sell. A
Card Account charged directly with participating purchase will not receive additional Points if the
Marriott Bonvoy properties (excluding home share merchant, or a particular merchant location, uses
properties), standalone Marriott branded retail a code that is not eligible for additional Points. For
establishments, and Marriott branded online stores questions about additional Points on a purchase,
(including online purchases of Marriott branded gift call the number on the back of your Card.
cards), that in each case, are owned or managed by A purchase may not receive additional Points if the
Marriott International, Inc. and its affiliates. merchant submits the purchase using a mobile or
You receive 1 additional Point (for a total of 3 wireless card reader or if you use a mobile or digital
Points) for each $1 dollar of eligible purchases on wallet.
your Card Account for airfare on a scheduled flight Please visit americanexpress.com/rewards-info
charged directly with passenger airlines (charter for more information about rewards.
flights and private jet flights are excluded).
From time to time, we may make promotional offers
You receive 1 additional Point (for a total of 3 of bonus Points. These offers include terms about
Points) for each $1 dollar of eligible purchases on how you can earn the bonus Points and when you
your Card Account charged at restaurants located can use them. These offer terms may differ from the
in the U.S. terms above concerning Points earned for eligible
Purchases made through a third-party payment purchases to your Card Account, including about
account or on an online marketplace (with multiple when you can use the Points.
retailers) will not receive additional Points. You can view your Points earned year to date on
the Card by logging onto your online account at
americanexpress.com and viewing your account
summary page.
When we transfer We transfer Points to your Marriott Bonvoy Member Account after the end of the billing period in which you
points received them.
Bonus Points received from your Card will be posted to your Marriott Bonvoy Member Account up to 12
weeks after the end of each month. Your account must not be cancelled or delinquent at the time of bonus
fulfillment.
When you will forfeit If the Minimum Payment Due is not paid by the You may reinstate those Points within the next 12
points Closing Date of the billing period in which it is due, billing periods if your Card Account is not past due
you will forfeit the Points you received for eligible and you pay a $35 fee.
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 earn Points for
spend in the billing period ending February 15.
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Elite Status You will receive complimentary Marriott Bonvoy It will take about 12 to 16 weeks for your enrollment
Gold Elite ("Gold Elite") Status with your Marriott in the Platinum Elite Status to become effective.
Bonvoy Brilliant American Express Card. This Only the Basic Cardmember will be enrolled. Your
complimentary Gold Elite Status benefit is only enrollment will expire after 12 months unless your
available to the Basic Cardmember. If your Card eligible purchases during the next calendar year
is cancelled for any reason, your Gold Elite Status again qualifies you for enrollment, or you qualify
provided with the Card will be cancelled. for Platinum Elite Status under the Marriott Bonvoy
You may receive enrollment in Marriott Bonvoy Terms and Conditions.
Platinum Elite ("Platinum Elite") based on your You will not receive enrollment in Gold Elite or
eligible purchases for the calendar year. If your Platinum Elite if you are already enrolled in the
eligible purchases during a calendar year total ame Status or any higher Status.
$75,000 or more, you will be enrolled for at least
12 months in the Platinum Elite Status of Marriott A calendar year is from January 1 to December 31
Bonvoy. regardless of when you open your Card Account.
Other things you You will only receive rewards for eligible purchases Points, certificates and membership in the loyalty
should know about this for personal, family or household use. program are subject to the Marriott Bonvoy Terms
program We may change the terms of this reward program and Conditions. You should refer to that document,
which can be found at www.marriottbonvoy.com,
at our discretion. If you violate or abuse this reward
program, you may forfeit some or all of your Points, for details on:
+ Marriott's right to change its program terms.
We are not responsible for Points after they are + other conditions that may apply to the loyalty
credited to your Marriott Bonvoy Member Account, program.
which is operated by Marriott International, Inc.
("Marriott"). We are also not responsible for the
actions of Marriott on your Marriott Bonvoy Member
Account.
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27982
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.
Premium Roadside Assistance
Effective 1/1/2020, Premium Roadside Assistance will be discontinued and will no longer be a benefit provided on this
Card Account. Premium Roadside Assistance 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 prior to 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.
+ If the 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 prior to 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.
**Eor 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.
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.
Trip Cancellation and Trip Interruption Insurance
Effective 1/1/2020, if a round-trip is purchased with your Covered Card on or after the effective date and is cancelled or
interrupted due to a Covered Loss, you can be reimbursed for the non-refundable Card payments to a Travel Supplier or
other Common Carrier, up to $10,000 per Covered Trip / $20,000 per Eligible Account per 12 consecutive month period.
Coverage is secondary to and in excess of any other applicable insurance or benefit. For more information about the
coverage you may be eligible to receive, please visit americanexpress.com/TCITerms to see benefits specific to your
Card*.
*Benefits are subject to terms, conditions and limitations, including limitations on the amount of coverage. Coverage is
provided by New Hampshire Insurance Company, an AIG company.
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Trip Delay Insurance
Effective 1/1/2020, if a round-trip is purchased with your Covered Card on or after the effective date and is delayed more
than six (6) hours due to a Covered Loss, you can be reimbursed up to $500 per Covered Trip for certain reasonable
additional expenses, including meals and accommodations during your delay. Coverage is secondary to and in excess of
any other applicable insurance or benefit. For more information about the coverage you may be eligible to receive, please
visit americanexpress.com/TDTerms to see benefits specific to your Card*.
*Benefits are subject to terms, conditions and limitations, including limitations on the amount of coverage. Coverage is
provided by New Hampshire Insurance Company, an AIG company.
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FDR 1119178 Doc 28549
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 transfer is 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,
You may arrange for certain merchants and third parties please contact us using the number on the back of
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.
Credi and cash We assign a Credit Limit to your Account. We may make your Account balance (including fees and interest)
advance 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 irnit.
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:
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NYSCEfmiQDGn p'Ron4o-person Your person-to-person transactions may not exceed the You agree to rBRSGE JUFAcAAGE Frat A46Q9/2024
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 variety
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
* an electronic payment that can be cleared through the requirements, there may be a delay in crediting your
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.
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How we calculate your To calculate the Minimum Payment Due for each
Minimum Payment Due billing statement, we start with the highest of: ss 53 sees
(1) interest charged on the billing statement plus 1% a
of the New Balance (excluding any interest, penalty oe $29. af
fees, overlimit amount, and plan balances); or ae
(2) 2% of the New Balance (excluding any penalty
fees, overlimit amount, and plan balances); or
(3) $39.
Then we add any penalty fees shown on the billing
statement, up to 1/24th of any overlimit amount, any
plan payment due, and any amount past due.
Your Minimum Payment Due will not exceed your =
New Balance. You may pay more than the Minimum
Payment Due, up to your New Balance, at any time. ae ee ee
About interest charges
When we charge interest You are not charged interest on purchases when . If you have an active plan created through Plan It,
you are in an Interest Free Period. you can enter an Interest Free Period by paying at
Your account enters an Interest Free Period when least the Balance Adjusted for Plans (or Adjusted
you pay your New Balance as shown on your Balance) by the Payment Due Date.
statement by the Payment Due Date or your Balance Transfers and Cash Advances will be
account had no previous balance. charged interest from the date of the transaction
When your account is not in an Interest Free and do not have an Interest Free Period.
Period, we charge interest on purchases from the For more details about how we caiculate your interest
Preview
INDEX NO. E2024006130 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/09/2024 MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT. Receipt # 3818600 Book Page CIVIL Return To: No. Pages: 20 ANTHONY J. MIGLIACCIO American Express Legal Instrument: EXHIBIT(S) 200 Vesey Street 22nd Floor New York, NY 10285 Control #: 202404101582 Index #: E2024006130 Date: 04/10/2024 AMERICAN EXPRESS NATIONAL BANK. Time: 3:38:51 PM Massicci, Anthony Total Fees Paid: $0.00 Employee: State of New York MONROE COUNTY CLERK’S OFFICE WARNING — THIS SHEET CONSTITUTES THE CLERKS ENDORSEMENT, REQUIRED BY SECTION 317-a(5) & SECTION 319 OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK. DO NOT DETACH OR REMOVE. JAMIE ROMEO. MONROE COUNTY CLERK MOTI Ry NK 04 09 DM INDEX HOE 2E2026 085 130 D 0 NRO OUN NYSCEF BOC. NO. 2 RECEIVED NYSCEF: 04/09/2024 EXHIBIT A RONRO OUN NK 04 09 DM INDEXNG E 2820106035 130 NYSCEF BOC. NO. 2 RECEIVED NYSCEF: 04/09/2024 Cardmember Agreement: Part 1 of 2 As of: 11/27/2019 Bonvoy Brilliant Amex Card Cardmember Name: ANTHONY MASSICCI Credit Limit: $10,000 (Cash Advance Limit: $2,000) Account Ending In: 1007 Rates and Fees Table Issuer: American Express National Bank aC) Annual Percentage Rate (APR) for Purchases 22.24% This APR will vary with the market based on the Prime Rate. APR for Balance Transfers \22.24% 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 A monthly fee up to 0.98% 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 roy Annual Membership Fee $450 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 None 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. 1119178 1065943 Page 1 of 4 INDEXNG E 2820106035 130 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/09/2024 How Rates and Fees Work 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 + 17.49% 22.24% 0.0609% Balance Transfer Prime + 17.49% 22.24% 0.0609% 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. md 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 0.98% 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 None Part 1, Part 2 and any supplements or amendments make up your Cardmember Agreement. 1119178 1065943 Page 2 of 4 INDEXNG E 2820106035 130 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/09/2024 Supplement to the Cardmember Agreement How Your Reward Program Works Marriott Bonvoy Brilliant™ American Express’ Card How you receive points You receive 2 Marriott Bonvoy Points (Points) for Eligible purchases do NOT include: each $1 of eligible purchases on your Marriott + fees or interest charges, Bonvoy Britliant™ American Express” Card (Card . balance transfers, Account). . cash advances, + purchases of traveler's checks, Eligible purchases are purchases for goods and . purchases or reloading of prepaid cards, or services minus returns and other credits. . purchases of any cash equivalents. How you receive You receive 4 additional Points (for a total of 6 Merchants are typically assigned codes and additional points Points) for each $1 of eligible purchases on your categorized based on what they primarily sell. A Card Account charged directly with participating purchase will not receive additional Points if the Marriott Bonvoy properties (excluding home share merchant, or a particular merchant location, uses properties), standalone Marriott branded retail a code that is not eligible for additional Points. For establishments, and Marriott branded online stores questions about additional Points on a purchase, (including online purchases of Marriott branded gift call the number on the back of your Card. cards), that in each case, are owned or managed by A purchase may not receive additional Points if the Marriott International, Inc. and its affiliates. merchant submits the purchase using a mobile or You receive 1 additional Point (for a total of 3 wireless card reader or if you use a mobile or digital Points) for each $1 dollar of eligible purchases on wallet. your Card Account for airfare on a scheduled flight Please visit americanexpress.com/rewards-info charged directly with passenger airlines (charter for more information about rewards. flights and private jet flights are excluded). From time to time, we may make promotional offers You receive 1 additional Point (for a total of 3 of bonus Points. These offers include terms about Points) for each $1 dollar of eligible purchases on how you can earn the bonus Points and when you your Card Account charged at restaurants located can use them. These offer terms may differ from the in the U.S. terms above concerning Points earned for eligible Purchases made through a third-party payment purchases to your Card Account, including about account or on an online marketplace (with multiple when you can use the Points. retailers) will not receive additional Points. You can view your Points earned year to date on the Card by logging onto your online account at americanexpress.com and viewing your account summary page. When we transfer We transfer Points to your Marriott Bonvoy Member Account after the end of the billing period in which you points received them. Bonus Points received from your Card will be posted to your Marriott Bonvoy Member Account up to 12 weeks after the end of each month. Your account must not be cancelled or delinquent at the time of bonus fulfillment. When you will forfeit If the Minimum Payment Due is not paid by the You may reinstate those Points within the next 12 points Closing Date of the billing period in which it is due, billing periods if your Card Account is not past due you will forfeit the Points you received for eligible and you pay a $35 fee. 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 earn Points for spend in the billing period ending February 15. Page 3 of 4 INDEXNG E 2820106035 130 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/09/2024 Elite Status You will receive complimentary Marriott Bonvoy It will take about 12 to 16 weeks for your enrollment Gold Elite ("Gold Elite") Status with your Marriott in the Platinum Elite Status to become effective. Bonvoy Brilliant American Express Card. This Only the Basic Cardmember will be enrolled. Your complimentary Gold Elite Status benefit is only enrollment will expire after 12 months unless your available to the Basic Cardmember. If your Card eligible purchases during the next calendar year is cancelled for any reason, your Gold Elite Status again qualifies you for enrollment, or you qualify provided with the Card will be cancelled. for Platinum Elite Status under the Marriott Bonvoy You may receive enrollment in Marriott Bonvoy Terms and Conditions. Platinum Elite ("Platinum Elite") based on your You will not receive enrollment in Gold Elite or eligible purchases for the calendar year. If your Platinum Elite if you are already enrolled in the eligible purchases during a calendar year total ame Status or any higher Status. $75,000 or more, you will be enrolled for at least 12 months in the Platinum Elite Status of Marriott A calendar year is from January 1 to December 31 Bonvoy. regardless of when you open your Card Account. Other things you You will only receive rewards for eligible purchases Points, certificates and membership in the loyalty should know about this for personal, family or household use. program are subject to the Marriott Bonvoy Terms program We may change the terms of this reward program and Conditions. You should refer to that document, which can be found at www.marriottbonvoy.com, at our discretion. If you violate or abuse this reward program, you may forfeit some or all of your Points, for details on: + Marriott's right to change its program terms. We are not responsible for Points after they are + other conditions that may apply to the loyalty credited to your Marriott Bonvoy Member Account, program. which is operated by Marriott International, Inc. ("Marriott"). We are also not responsible for the actions of Marriott on your Marriott Bonvoy Member Account. Page 4 of 4 INDEXNG E 2820106035 130 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/09/2024 27982 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. Premium Roadside Assistance Effective 1/1/2020, Premium Roadside Assistance will be discontinued and will no longer be a benefit provided on this Card Account. Premium Roadside Assistance 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 prior to 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. + If the 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 prior to 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. **Eor 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. 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. Trip Cancellation and Trip Interruption Insurance Effective 1/1/2020, if a round-trip is purchased with your Covered Card on or after the effective date and is cancelled or interrupted due to a Covered Loss, you can be reimbursed for the non-refundable Card payments to a Travel Supplier or other Common Carrier, up to $10,000 per Covered Trip / $20,000 per Eligible Account per 12 consecutive month period. Coverage is secondary to and in excess of any other applicable insurance or benefit. For more information about the coverage you may be eligible to receive, please visit americanexpress.com/TCITerms to see benefits specific to your Card*. *Benefits are subject to terms, conditions and limitations, including limitations on the amount of coverage. Coverage is provided by New Hampshire Insurance Company, an AIG company. Page 1 of 2 INDEXNG E 2820106035 130 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/09/2024 Trip Delay Insurance Effective 1/1/2020, if a round-trip is purchased with your Covered Card on or after the effective date and is delayed more than six (6) hours due to a Covered Loss, you can be reimbursed up to $500 per Covered Trip for certain reasonable additional expenses, including meals and accommodations during your delay. Coverage is secondary to and in excess of any other applicable insurance or benefit. For more information about the coverage you may be eligible to receive, please visit americanexpress.com/TDTerms to see benefits specific to your Card*. *Benefits are subject to terms, conditions and limitations, including limitations on the amount of coverage. Coverage is provided by New Hampshire Insurance Company, an AIG company. Page 2 of 2 INDEXNG E 2820106035 130 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/09/2024 FDR 1119178 Doc 28549 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 transfer is 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, You may arrange for certain merchants and third parties please contact us using the number on the back of 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. Credi and cash We assign a Credit Limit to your Account. We may make your Account balance (including fees and interest) advance 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 irnit. 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: Version 1119178 Page 1 of 10 INDEXNG E 2820106035 130 NYSCEfmiQDGn p'Ron4o-person Your person-to-person transactions may not exceed the You agree to rBRSGE JUFAcAAGE Frat A46Q9/2024 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 variety 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 * an electronic payment that can be cleared through the requirements, there may be a delay in crediting your 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. Version 1119178 Page 2 of 10 INDEXNG E 2820106035 130 NYSCRD aE yollP Minimum Payment Due RECEIVED NYSCEF: 04/09/2024 How we calculate your To calculate the Minimum Payment Due for each Minimum Payment Due billing statement, we start with the highest of: ss 53 sees (1) interest charged on the billing statement plus 1% a of the New Balance (excluding any interest, penalty oe $29. af fees, overlimit amount, and plan balances); or ae (2) 2% of the New Balance (excluding any penalty fees, overlimit amount, and plan balances); or (3) $39. Then we add any penalty fees shown on the billing statement, up to 1/24th of any overlimit amount, any plan payment due, and any amount past due. Your Minimum Payment Due will not exceed your = New Balance. You may pay more than the Minimum Payment Due, up to your New Balance, at any time. ae ee ee About interest charges When we charge interest You are not charged interest on purchases when . If you have an active plan created through Plan It, you are in an Interest Free Period. you can enter an Interest Free Period by paying at Your account enters an Interest Free Period when least the Balance Adjusted for Plans (or Adjusted you pay your New Balance as shown on your Balance) by the Payment Due Date. statement by the Payment Due Date or your Balance Transfers and Cash Advances will be account had no previous balance. charged interest from the date of the transaction When your account is not in an Interest Free and do not have an Interest Free Period. Period, we charge interest on purchases from the For more details about how we caiculate your interest